Common use of Available Space Clause in Contracts

Available Space. Provided that CapitalSource Finance LLC, a Delaware limited liability company ('CapitalSource') is not then in default and has not been in default more than once during the Term, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 11th Floor Space, as hereinafter defined, and is then in occupancy of at least fifty percent (50%) of the Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th Floor Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted shall be subject and subordinate to the prior right and option of any existing tenant, as of the date of the Third Amendment, as to the 11th Floor Space, as hereinafter defined, then, solely during the period commencing on the Third Expansion Space Commencement DATE, CapitalSource shall have a one-time right to receive from Landlord, prior to the next leasing of said 11th Floor Space by Landlord, an offer to lease the 11th Floor Space to CapitalSource on the terms set forth in Landlord's 11th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '11th Floor Space' means only that office space located on the 11th floor of the Building currently occupied by HealthCare Financial Partners REIT, Inc. ('HealthCare') and shown on Exhibit P attached to this Lease, as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and HealthCare with respect to the 11th Floor Space. The 11th Floor Space shall be offered to and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer to CapitalSource as to such 11th Floor Space ('Landlord's 11th Floor Offer'), which Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to Section 3.5(a) of this Lease.

Available Space. Provided that CapitalSource Finance LLC, a Delaware limited liability company For the purposes of the Expansion Right: ('CapitalSource'i) the term "First Floor Available Space" shall mean any Rentable Area within the first floor of the Building other than the Demised Premises; (ii) the term "Second Floor Available Space" shall mean any Rentable Area within the second floor of the Building which Landlord is not then in default and has not been in default more than once during the Term, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 11th Floor Space, as hereinafter defined, and is then in occupancy of at least fifty percent (50%) of the Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th Floor Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted shall be subject and subordinate to the prior right and option of any existing tenantobligated, as of the date hereof, to deliver to Genos Biosciences, Inc. pursuant to the terms of its lease; (iii) the Third Amendmentterm "3530 Available Space" shall mean any Rentable Area within any free-standing office or laboratory building upon the land immediately adjacent to the Building to be constructed and to have a mailing address of 3530 Xxxx Xxxxxxx Xxxxx; and (iv) the term "Available Space" shall mean, collectively, the First Floor Available Space, the Second Floor Available Space and the 3530 Available Space. Tenant may exercise the Expansion Right as to the 11th Floor any Available Space; provided, as hereinafter definedhowever, then, solely during the period commencing on the Third Expansion Space Commencement DATE, CapitalSource shall have a one-time right to receive from Landlord, prior that (notwithstanding anything to the next leasing of said 11th contrary contained herein) Tenant's ability to exercise the Expansion Right as to any Second Floor Space by Landlord, an offer to lease the 11th Floor Space to CapitalSource on the terms set forth in Landlord's 11th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '11th Floor Space' means only that office space located on the 11th floor of the Building currently occupied by HealthCare Financial Partners REIT, Inc. ('HealthCare') and shown on Exhibit P attached to this Lease, as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and HealthCare with respect to the 11th Floor Space. The 11th Floor Available Space shall be offered subordinate to and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer right of Genos Biosciences, Inc. to CapitalSource exercise its expansion right as to such 11th Floor Space ('Landlord's 11th Floor Offer'), which Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined space pursuant to Section 3.5(athe terms of its lease executed concurrently herewith; further provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any 3530 Available Space shall only arise in the event that Landlord constructs or determines to pursue a speculative development project for a free-standing office or laboratory building upon the land immediately adjacent to the Building and desires to lease such new building for any purpose other than for parking, storage or placement of this Lease.temporary trailers; and further provided, however, that if the Available Space was configured for use by a single tenant, Tenant must exercise the Expansion Right as to all of

Available Space. Provided that CapitalSource Finance LLC, a Delaware limited liability company ('CapitalSource'a) there is not then in default existence an Event of Default and has (b) there have not been in default more than once two (2) Events of Default during the Termperiod of the preceding two (2) years with respect to any obligations of Tenant under this Lease (including, without limitation the payment of any Rent under this Lease), in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 11th Floor Available Space, as hereinafter defined, and (c) Tenant is then in occupancy of at least fifty seventy percent (5070%) of the Demised Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th Floor Available Space, as hereinafter defined, and provided further that the right and option of CapitalSource Tenant hereinafter granted shall be subject and subordinate to (i) the right of Landlord to lease the Available Space to initial tenant(s) thereof [solely pursuant to the initial lease(s) to such initial tenant(s) and any extension or renewal options contained in such initial lease] and (ii) the prior right rights and option options of any existing tenant, as of the date of the Third Amendment, all such initial tenants as to the 11th Floor said Available Space, as hereinafter defined, then, then solely during the period commencing on the Third Expansion Space Commencement DATEdate of expiration of the tenancy of each such initial Tenant and ending on the last day of the initial Term, CapitalSource Tenant shall have a one-time right to receive from Landlord, prior to the next leasing of said 11th Floor Space by Landlord, an offer to lease the 11th Floor Available Space to CapitalSource Tenant on the terms set forth in Landlord's 11th Floor Offer, which offer shall be accepted or rejected at CapitalSourceTenant's optionoption and which right shall be a one-time right as to each portion of the Available Space which is offered by Landlord to Tenant (or a one-time right as to all of the Available Space if it is offered by Landlord to Tenant in its entirety at one time). '11th Floor "Available Space' " means only that office space which is contiguous to the Demised Premises and located on the ninth (9th) floor of the Building or that office space located on the 11th tenth (10th) floor of the Building currently occupied by HealthCare Financial Partners REITBuilding, Inc. ('HealthCare') and shown on Exhibit P attached to this Leaseor both, as said space may become available for lease after the initial leasing thereof by Landlord to another Tenant; provided, however, that Tenant shall not have the right to lease any Available Space located on the tenth (10th) floor of the Building after the expiration of the term, or earlier termination, seventh (7th) Lease Year of the existing lease between Landlord initial Term unless Tenant simultaneously exercises its Renewal Option as to the entire Demised Premises (that is, the Demised Premises originally demised under this Lease and HealthCare any other Available Space which has already been leased by Tenant, together with the Available Space located on the tenth (10th) floor of the Building which is the subject of the offer from Landlord) and simultaneously executes an amendment to this Lease with respect to the 11th Floor Spacefirst (1st) Renewal Period; further provided, that if at the time that Tenant exercises such right to lease Available Space on the tenth (10th) floor of the Building and simultaneously exercises its first Renewal Option, there is less than fifteen (15) months remaining in the initial Term, then the procedures set forth in Paragraph 55 hereof for determining the Prevailing Market Rent for the Renewal Period shall commence fifteen (15) months prior to the expiration of the initial Term. The 11th Floor Available Space shall be offered to and accepted (if at all) by CapitalSource Tenant on the terms and conditions set forth in Landlord's offer to CapitalSource Tenant as to such 11th Floor Available Space ('"Landlord's 11th Floor Offer'"), which may include an offer of all of the Available Space at one time or offers of portions of the Available Space in multiple offers made by Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to Section 3.5(a) of this Leaseby Landlord in its sole and absolute discretion.

Available Space. Provided that CapitalSource Finance LLC, a Delaware limited liability company ('CapitalSource') is not then The term "Available Space" shall mean any space in default and has not been in default more than once during the TermBuilding which, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 11th Floor Space, as hereinafter defined, and is then determination in occupancy of at least fifty percent (50%) of the Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th Floor Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted shall be subject and subordinate to the prior right and option of any existing tenantits sole discretion, as of the date of Tenant's Notice, (i) is not the Third Amendmentsubject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' space, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clause. Notwithstanding the foregoing to the 11th Floor Spacecontrary, as hereinafter definedLandlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; provided, however, that any such relocation clause shall be expressly contingent upon Landlord's ability to relocate such tenant in the Building and if no space exists at the time of Tenant's Notice, then, solely during notwithstanding anything contained in this Paraxxxxx 00, Xxxxxxxx xxxll have no obligation to relocate any such tenants to create Available Space for Tenant under this Paragraph 35. It is also understood and agreed that the period commencing on the Third Expansion Available Space Commencement DATE, CapitalSource identified in Landlord's Notice shall have be in a one-time right to receive from Landlord, prior to the next leasing of said 11th Floor Space configuration and location as determined by Landlord, an offer may not be contiguous to the Premises, may consist of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the 11th Floor Space Building and to CapitalSource on the terms set forth in Landlord's 11th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '11th Floor Space' means only that office space located on the 11th floor of the Building currently occupied by HealthCare Financial Partners REIT, Inc. ('HealthCare') enter into any and shown on Exhibit P attached to this Lease, as said space may become available for all lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and HealthCare commitments with respect any party pertaining to the 11th Floor Space. The 11th Floor Space shall be offered to and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer to CapitalSource as to such 11th Floor Space ('Landlord's 11th Floor Offer'), which Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to Section 3.5(a) of this Leasesame.

Available Space. Provided that CapitalSource Finance LLC, a Delaware limited liability company ('CapitalSource') Tenant is not then in default and has not been in default more than once during the Termperiod of the preceding two (2) years with respect to the payment of Rent under this Lease, and there is then no uncured Event of Default and there have not been more than two (2) Events of Default during the period of the preceding two (2) years, with respect to any obligations of Tenant under this Lease other than the payment of any Rent under this Lease, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 11th Floor Available Space, as hereinafter defined, and is has not then in occupancy of at least fifty subleased more than twenty percent (5020%) of the rentable floor area comprising the Demised Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th Floor Available Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted shall be subject and subordinate to the prior right and option of any existing tenant, as of the date of the Third Amendment, as to the 11th Floor Space, as hereinafter defined, then, then solely during the period commencing on the Third first day of the fifth (5th) Lease Year and ending on the last day of the seventh (7th) Lease Year (the "Expansion Space Commencement DATEPeriod"), CapitalSource Tenant shall have a one-time (as to each component of the Available Space) right to receive from Landlord, not earlier than one (1) year, and at least ninety (90) days, prior to the date said Available Space will become available prior to the next leasing of said 11th Floor Available Space by Landlord, an offer to lease the 11th Floor Available Space to CapitalSource Tenant on the terms set forth in Landlord's 11th Floor Offer, which offer (i) shall be accepted or rejected at CapitalSource's option. '11th Floor Space' means only that office space located on not vary the 11th floor terms of the Building currently occupied by HealthCare Financial Partners REIT, Inc. ('HealthCare') and shown on Exhibit P attached to this Lease, Lease as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and HealthCare with respect they apply to the 11th Floor Space. The 11th Floor Space shall be offered to and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer to CapitalSource as to such 11th Floor Space ('Landlord's 11th Floor Offer'), which Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to Section 3.5(a) of this Lease.original

Available Space. Provided that CapitalSource Finance LLC, a Delaware limited liability company ('CapitalSource') is not then in default and has not been in default more than once during the Term, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 11th 7th Floor Space, as hereinafter defined, and is then in occupancy of at least fifty percent (50%) of the Premises at the time of Landlord's 7th Floor Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th 7th Floor Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted granted, shall be subject and subordinate to the prior right and option of The Ritz-Carlton Hotel Company, L.L.C. or any existing tenantPermitted Transferee, as of xxxx term is defined in that certain Office Lease Agreement (the date of 'Ritz-Carlton Lease') between Landlord and Ritz-Carlton (collectivelx 'Xitz-Carlton'), to lease said 7xx Xxxxx Xxxce (the Third Amendment, as to the 11th Floor Space'Ritz-Carlton Xxxxxxion Option'), as hereinafter defined, then, solely during thxx xxxxxx xxring the period commencing on the Third Expansion Space Commencement DATEDate, CapitalSource shall have a one-time right to receive from Landlord, prior after the earlier to occur of the expiration of the Ritz-Carlton Expansion Option, as set forth in the Ritz-Carxxxx Xxxxx, as to the next leasing of said 11th 7th Floor Space by or Landlord's xxxxxxx xx a written waiver from Ritz-Carlton of the Ritz-Carlton Expansion Option, an offer to lease the 11th xx xxxxx xxe 7th Floor Space to Xxxxx xx CapitalSource on the terms set forth in Landlord's 11th 7th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '11th 7th Floor Space' means only that office space located on the 11th 7th floor of the Building currently occupied by HealthCare Financial Partners REIT, Inc. ('HealthCare') and shown on Exhibit P Q attached to this Lease, as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and HealthCare with respect the tenant of said 7th Floor Space as of the date upon which Ritz-Carlton is entitled to exercise the 11th Floor SpaceRitz-Carlton Expansion Optxxx. The 11th 7th Floor Space shall be offered to xxxxxxx xx and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer to CapitalSource as to such 11th 7th Floor Space ('Landlord's 11th 7th Floor Offer'), which Landlord's 7th Floor Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to Section 3.5(a) of this Lease.

Available Space. Provided Landlord shall make reasonable efforts to keep --------------- Tenant informed of any space in the Building and in the building known as 0000 Xxxxxxxx Xxxx, Xxxx Xxxxxx, Xxxxxxxxxx (the "Other Building") that CapitalSource Finance LLCbecomes Available (as defined below) during the Term. Tenant, a Delaware limited liability company however, has no rights with respect to any space in the Building or the Other Building and Landlord's failure to inform Tenant of the Availability of any such space shall not give Tenant any rights against Landlord or prohibit or otherwise impair Landlord's leasing of any such space. As used herein, "Available" means that the space ('CapitalSource'i) is not part of the Premises, (ii) is not then in default and has subject to a lease, (iii) is not been in default more than once during the Term, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as then subject to the 11th Floor Space, as hereinafter defined, and is then in occupancy of at least fifty percent (50%) of the Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the 11th Floor Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted shall be subject and subordinate to the prior right and option any rights of any existing tenant, tenant to renew their lease or expand their premises as of the date of the Third Amendment, as to the 11th Floor Space, as hereinafter defined, then, solely during the period commencing on the Third Expansion Space Commencement DATE, CapitalSource shall have a one-time right to receive from Landlord, prior to the next leasing of said 11th Floor Space by Landlord, an offer to lease the 11th Floor Space to CapitalSource on the terms set forth in Landlord's 11th Floor Offertheir lease, which offer shall be accepted or rejected at CapitalSource's option. '11th Floor Space' means only that office space located on the 11th floor including without limitation any rights of the Building currently occupied by HealthCare Financial Partners REITfirst offer, Inc. and ('HealthCare'iv) and shown on Exhibit P attached is not then subject to this Lease, as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease any negotiations between Landlord and HealthCare with respect a prospective tenant or an existing tenant. The provisions of Paragraph 39 are applicable to this Paragraph. In the event Landlord ceases to own the Other Building, the Paragraph shall no longer apply to the 11th Floor SpaceOther Building. The 11th Floor Space shall be offered to and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer to CapitalSource as to such 11th Floor Space ('Landlord's 11th Floor Offer')LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, which Landlord's Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rentBY EXECUTION OF THIS LEASE, as determined pursuant to Section 3.5(a) of this LeaseSHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES.