Right of First Opportunity. Tenant shall have the right (the “Right of First Opportunity”) to lease the entirety of either Floor 10 or Floor 14 (the first of such floors to become available to lease shall be the “Offer Space”) on the following terms and conditions. If Landlord elects in its sole discretion to market either floor included in the Offer Space for lease on less than a full floor basis, the Right of First Opportunity shall apply separately to each increment of space on the first such floor to become available to lease. Floor 10 and Floor 14 are currently available for lease and Tenant has elected not to include either floor in the Initial Premises. The Right of First Opportunity shall take effect when the Offer Space has been leased to a third party (together with its successors, assigns and subtenants, the “Initial Tenant”) and again becomes available to lease on a direct basis from Landlord. Thereafter, when Landlord determines that either Floor 10 or Floor 14 as identified by Landlord will be available for leasing to a new tenant, Landlord shall deliver written notice to Tenant (the “Availability Notice”). The Availability Notice shall identify the Offer Space that is then available for lease. After the first eighteen (18) months of the Term, the Availability Notice shall include the rent schedule applicable to the Offer Space as well as any incentives or allowances Landlord is offering which shall reflect Landlord’s opinion of the Market Rent (as defined in Section 3.2). Tenant may exercise its Right of First Opportunity for all of the Offer Space described in the Availability Notice by delivering irrevocable written notice (an “Acceptance Notice”) to Landlord no later than ten (10) days after delivery of the Availability Notice to Tenant. If the Offer Space described in the Availability Notice is less than a full floor, Tenant may elect to lease the partial floor described in the Availability Notice and the Right of First Offer shall remain in effect for the balance of that floor. Time is of the essence of this provision and late notice shall not be effective. If Tenant delivers an Acceptance Notice, then Landlord shall prepare and the parties shall execute an amendment to this Lease reflecting the inclusion of the Offer Space as part of the Premises effective as of the date on which possession of the Offer Space is tendered to Tenant (the “Offer Space Commencement Date”). Tenant’s Share shall be adjusted to include the Rentable Area of the Offer Space effective as o...
Right of First Opportunity. (a) If the Customer Party or any member of its Group elects to receive any Additional Service (as defined below), it shall first request a proposal for the provision of such Additional Service from the Providing Party. The Providing Party shall have 30 Business Days (the “Exclusive Tender Period”) to respond to such request for Additional Service and to provide a proposed SOW to the Customer Party. During the Exclusive Tender Period, the Customer Party shall not solicit proposals or negotiate with any other third party with respect to such request for Additional Service. Upon receipt of the Providing Party’s proposal for the Additional Service, the Customer Party shall consider such proposal and shall negotiate with the Providing Party in good faith with respect to the possible provision by the Providing Party of such Additional Services.
Right of First Opportunity. Provided Tenant has fully and timely performed all of its obligations hereunder, at any time that space adjacent to the Premises on the second floor becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part). When Option Space becomes available, Landlord shall notify Tenant of the size, location and estimated date of availability of the Option Space and the terms on which Landlord is interested in leasing the space. Tenant shall have 5 business days after receipt of Landlord’s notice to notify Landlord whether or not Tenant is interested in leasing the Option Space. If Tenant notifies Landlord that it is interested within that time period, Landlord will negotiate in good faith with Tenant for the next 7 business days to reach agreement on a lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space within that 7 business day period, Landlord shall be free to lease the space to any other party. This Right of First Opportunity is subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlord.
Right of First Opportunity. If Residential elects to receive any Additional Service, Residential shall first request a proposal for the provision of such Additional Service from Altisource. Altisource shall have the duration of the Exclusive Tender Period to respond to such request for Additional Service and to provide a proposed SOW to Residential. During the Exclusive Tender Period, Residential shall not solicit proposals or negotiate with any other third party with respect to such request for Additional Service. Upon receipt of Altisource’s proposal for the Additional Service, Residential shall consider such proposal exclusively and shall negotiate with Altisource in good faith with respect to the possible provision by Altisource of such Additional Services.
Right of First Opportunity. (i) During the term of this Agreement, if Healthcare develops a REIT Opportunity, or if any REIT Opportunity otherwise becomes available to Healthcare, Healthcare shall first offer such REIT Opportunity to LTC. The offer shall be made by written notice (the "Notice") from Healthcare to LTC, which Notice shall contain a detailed description of the material terms and conditions of the REIT Opportunity. LTC shall have ten days (the "Ten-Day Period") from the date of receipt of the Notice to notify Healthcare in writing that it has accepted or rejected the REIT Opportunity. If LTC does not respond by the end of the Ten-Day Period, LTC shall be deemed to have rejected the REIT Opportunity. If LTC accepts a REIT Opportunity, but subsequently decides not to pursue such opportunity or for any other reason fails to consummate such opportunity, LTC shall immediately provide written notice that it is no longer pursuing such REIT Opportunity to Healthcare.
Right of First Opportunity. Management Company hereby covenants and agrees that, for a period commencing on the Effective Date and ending one (1) year following the expiration or earlier termination of this Agreement, Management Company shall not, and shall cause any Covered Person not to develop, acquire or lease a senior living facility within five (5) driving miles of the Facility (a “Competitive Property”) without first offering Tenant an opportunity to co-invest in the Competitive Property as set forth in this paragraph. If a Covered Person desires to develop, own, or lease a Competitive Property, Management Company shall deliver the following notices to Tenant: (1) written notice to Tenant promptly upon any Covered Person commencing substantive analysis, planning and or underwriting activities with respect to the potential development, acquisition or leasing of a Competitive Property (the “Competitive Property Notice”), including a detailed written description of the Competitive Property or, in the case of a potential development of a Competitive Property, a detailed written description of the proposed location of such Competitive Property and a general description, to the extent available, of the type, size and scope of the Competitive Property to be developed, and (2), upon finalizing the terms of the proposed investment in the Competitive Property that was subject to the Competitive Property Notice, written notice of such proposed investment including a detailed written description thereof (the “Investment Notice”), not less than thirty (30) days prior to the day on which the proposed investment is expected to close after commercially reasonable efforts by the applicable Covered Person to coordinate its process to give the Tenant maximum knowledge and information regarding such potential Competitive Property investment, together with any and all investment memoranda, investment summaries, projections, pro forma financial statements and other materials reasonably required to evaluate the proposed investment, including those that may be reasonably requested by the Tenant after its receipt of the Investment Notice (collectively, the “Investment Materials”). Following delivery of an Investment Notice, Tenant shall have the right, exercisable by delivering written notice to the Management Company within twenty (20) days after their receipt of the Investment Notice (the “Response Period”), to elect to, or to have an Affiliate, invest with such Covered Person (which investment shal...
Right of First Opportunity. (a) If the Customer elects to receive any Additional Service, it shall first request a proposal for the provision of such Additional Service from the Provider. The Provider shall have 30 Business Days (the “Exclusive Tender Period”) to respond to such request for Additional Service and to provide a proposed addendum to the Customer. During the Exclusive Tender Period, the Customer shall not solicit proposals or negotiate with any other third party with respect to such request for Additional Service. Upon receipt of the Provider’s proposal for the Additional Service, the Customer shall consider such proposal and shall negotiate with the Provider in good faith with respect to the possible provision by the Provider of such Additional Services.
Right of First Opportunity. In the event that BREA desires to (i) cause the Company to sell one or more Properties but not more than 25 Properties whether directly or through the sale of one or more Company Subsidiaries or Properties (a “Property Sale”), (ii) cause the Company to sell all or a portion of the Company’s interests in more than 25 Properties or Company Subsidiaries owning more than 25 Properties (collectively, a “Portfolio/Company Interest”), whether directly or indirectly through a sale of interests in one or more Company Subsidiaries (including through an initial public offering or merger) or otherwise (a “Portfolio Sale”) or (iii) sell all or substantially all of its direct or indirect interest in the Company (“BREA’s Membership Interest“, and a sale of BREA’s Membership Interest, a “BREA Membership Sale”) to an unaffiliated third party, then, prior to BREA commencing marketing with respect to any such Property Sale, Portfolio Sale or BREA Membership Sale, BREA shall send the Administrative Member a written notice informing the Administrative Member that BREA intends to commence marketing for such transaction (an “Intent to Sell Notice“).
Right of First Opportunity. Landlord hereby grants Tenant a “Right of First Opportunity” to lease any space which comes available on the 17th floor of the Building (the “RFO Space”) subject to the following terms and conditions:
Right of First Opportunity. Provided no Event of Default then exists, Tenant will have the right of first opportunity ("Right of First Opportunity") to lease space that becomes available on the fourth (4th) floor of the Building. Landlord shall notify Tenant in writing when said space becomes available. Tenant will then have ten (10) business days to respond in writing of Tenant's intent to exercise this Right of First Opportunity. If Tenant fails to respond in said (10) day period, then Tenant will have waived this Right of First Opportunity for said space. Upon Landlord's receipt of Tenant's written acknowledgment to exercise said Right of First Opportunity, Landlord shall have ten (10) days to provide Tenant with the terms and conditions under which the Landlord would propose 34 to lease the space to Tenant, which terms and condition shall reflect what Landlord reasonably believes to be a market proposal for such space. Landlord and Tenant shall then have thirty (30) days to negotiate and agree to the terms and conditions. If Landlord and Tenant have not agreed to terms and conditions during said thirty (30) day period, then Landlord shall be allowed to lease said space to a third party. ADDITIONAL PROVISIONS
