RFO Premises shall be defined as any separately demised area on the sixth (6th) floor of the Building which is not leased by Tenant pursuant to Section 10.27 below and becomes available for lease to Tenant during the Term of this Lease; provided, however, that if Tenant shall have exercised its right to reduce the size of the Premises pursuant to Section 10.28 below, RFO Premises shall be defined as the Give-Back Premises (as hereinafter defined) and any other separately demised area on the floor of the Building below the lowest floor of the Building on which any portion of the Premises is located, when the Give-Back Premises or such other area becomes available for lease to Tenant during the initial Term of this Lease. For the purposes of this Section 10.26, an RFO Premises shall be deemed to be "available for lease to Tenant" if the existing tenant of such RFO Premises has vacated or will vacate the same and when Landlord intends to offer such RFO Premises for lease (it being understood and agreed that in no event shall Tenant have any right to lease RFO Premises pursuant to this Section 10.26 unless and until Landlord leases such RFO Premises to another tenant and such tenant has vacated or will vacate the same and Landlord intends to offer such RFO Premises for lease). Notwithstanding anything to the contrary herein contained, (a) in no event shall Tenant have any rights under this Section 10.26 after the date which is nine (9) months prior to the expiration of the Term of this Lease (i.e., Landlord shall have no obligation to give Landlord's Notice to Tenant after the date which is nine (9) months prior to the expiration of the Term of this Lease), and (b) Tenant's rights to lease RFO Premises shall be subject and subordinate to the rights of then existing tenants of the Building to lease such RFO Premises. Landlord shall give Tenant written notice ("Landlord's Notice") at the time that Landlord determines that an RFO Premises will become available for lease to Tenant. Landlord's Notice shall set forth the terms upon which Landlord intends to offer such RFO Premises for lease, including (i) the size and exact location of such RFO Premises, (ii) the Base Rent applicable to such RFO Premises, which shall be based upon the delivery of such RFO Premises to Tenant in "as-is" condition, but shall be subject to adjustment as provided in clause (2) below, and (iii) the estimated date of delivery of such RFO Premises to Tenant in such condition. Tenant shall have the right...
RFO Premises shall be defined as any area on the third (3rd), fourth (4th), and fifth (5th) floor of the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of the Lease.
RFO Premises shall be defined as any area on the twenty-ninth (29th) floor of the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of the Lease. For the purposes of this Paragraph 6, the RFO Premises shall be deemed to be “available for lease to Tenant” when Landlord, in its sole judgment, determines that such area will become available for leasing to Tenant. (i.e. when Landlord determines that (i) the lease of the tenant of the RFO Premises will terminate and such tenant will vacate such RFO Premises, (ii) the rights of all other tenants of the Building who have pre-existing rights to lease such RFO Premises as of the date of this First Amendment have lapsed unexercised or have been waived, and (iii) Landlord intends to offer such area for lease). In no event shall Tenant have any rights under this Paragraph 6 on or after the date twelve (12) months prior to the Lease Expiration Date (i.e. Landlord shall have no obligation to give Landlord’s Notice, as hereinafter defined, to Tenant on or after the date twelve (12) months prior to the Lease Expiration Date).
Examples of RFO Premises in a sentence
Until such time as a particular RFO Premises has been declined by Tenant and subsequently leased by a third party, the term for such RFO Premises shall be coterminous with the Term of the Lease.
Tenant shall take such RFO Premises “as-is” in its then (i.e., as of the date of premises delivery) state of construction, finish, and decoration, without any obligation on the part of Landlord to construct or prepare any RFO Premises for Tenant’s occupancy, except as may be set forth in the Offer Notice.
Landlord agrees to use commercially reasonable efforts to deliver such RFO Premises to Tenant promptly after the term of the lease of the then current occupant of such area, as such term may be extended or renewed as aforesaid, has expired or been terminated, which efforts shall include, if necessary, the commencement and prosecution of a summary process action to recover possession of such space from such occupant.
Notwithstanding the foregoing, only in connection with Tenant’s lease of any RFO Premises, as more fully set forth in Section 9(a) hereof, Tenant may send Landlord an Extension Notice on or before the date twenty-four (24) months prior to the expiration of the then current Term.
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More Definitions of RFO Premises
RFO Premises shall be defined as any area in the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of this Lease. For the purposes of this Section 29.17, an RFO Premises shall be deemed to be “available for lease to Tenant” if, during the Term of this Lease, Landlord, in its reasonable judgment, determines that such area will become available for leasing to Tenant (i.e. when Landlord determines that the then occupant of the RFO Premises will vacate the RFO Premises and that the holder(s) of any superior rights to the RFO Premises will not exercise such rights, and when Landlord intends to offer such area for lease).
RFO Premises shall be 9,005 square feet on the fourth (4th) floor of the Office Area, as shown on Exhibit D-2 attached hereto, when such area becomes “available for lease”, as hereinafter defined, prior to the date that is five (5) years prior to the then-scheduled expiration date of the Term (as such expiration date may be extended pursuant to Section 3.2 of this Lease). For the purposes of this Section 2.3, the RFO Premises shall be deemed to be “available for lease” if, during the Term, Landlord, in its sole judgment, determines that such area will become available for leasing, but only after the RFO Premises have been initially leased to an unaffiliated third party.
RFO Premises shall be defined as the area on the first (1st) floor of the Building located adjacent to the Premises and containing approximately 9,841 rentable square feet, as shown as “RFO Premises” on the plan attached hereto as Exhibit D, when such area becomes Available for Lease, as hereinafter defined, during the Term of this Lease. For the purposes of this Section 9.25, the RFO Premises shall be deemed to be “Available for Lease” upon the earlier to occur of (i) September 30, 2022, and (ii) the termination of Landlord’s lease with the current tenant of the RFO Premises, Constant Contact, Inc.
RFO Premises shall be defined as any of the “Urban Spec Suites” located on the second (2nd) and third (3rd) floors of the Building, when such area becomes available for lease to Tenant, as hereinafter defined, during the Term of this Lease. For the purposes of this Paragraph, a RFO Premises shall be deemed to be “available for lease to Tenant” if, during the Term of this Lease, Landlord, in its reasonable judgment, determines that such area will become available for leasing to Tenant (i.e. when Landlord determines that the then current occupant of such RFO Premises will vacate such RFO Premises, and when Landlord intends to offer such area for lease). Some or all of the RFO Premises may currently be vacant. In no event shall any such currently vacant RFO Premises be deemed to be “available for lease to Tenant” until such RFO Premises have been leased to a third party, and thereafter such third party tenant of such RFO Premises will vacate such RFO Premises (following the exercise of any renewal or expansion rights to which such third party is entitled under its lease), and when Landlord intends to offer such area for lease.
RFO Premises as defined in Section 30.17(a) of the Lease is hereby amended to exclude any rentable space on the first (1st) floor of the Building but only if Landlord is offering such first (1st) floor space to lease for retail purposes only and not for office purposes. For purposes of the Lease, the only superior rights to which Tenant’s Right of First Offer will be subject pursuant to Section 30.17(a) are the prior rights expressly existing as of the Execution Date and identified on Exhibit C attached hereto.
RFO Premises shall be defined as each area above the first (1st) floor of the Building that is the subject of a lease and shall be deemed to be "available for lease to Tenant" if, during the term of the Lease, the term of the then current lease of such area (as such term may be extended or renewed pursuant to any extension or renewal option contained in such lease) has expired or been terminated. In no event shall Tenant have any rights under this Paragraph 5 on or after the date twelve (12) months prior to the expiration of the term of the Lease (i.e. Landlord shall have no obligation to give Landlord's Notice, as hereinafter defined, to Tenant on or after the date twelve
RFO Premises shall be all or any separately demised laboratory space in the Building which is contiguous and on the same floor as the Premises, when such area becomes Available for Lease to Tenant, as hereinafter defined.