Common use of Acceptance by Tenant Clause in Contracts

Acceptance by Tenant. Upon the exercise by Tenant of its right of first refusal as provided in this Rider No. 104, Landlord and Tenant shall, within fifteen (15) days after [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Tenant delivers to Landlord notice of its election, enter into an amendment to the Lease incorporating the Offered Space into the Premises for the rent, for the term, and containing such other terms and conditions as Landlord notified Tenant pursuant to paragraph 2 above. Rent for a partial month shall be prorated. Possession of the Right of First Refusal Space shall be delivered to Tenant in an “as is” condition. Landlord shall not be liable for the failure to give possession of the Right of First Refusal Space on the Effective Date by reason of the holding over or retention of possession of any tenant, tenants, or occupants, or for any other reason, and any such failure shall not impair the validity of this Lease, or extend the Term, but the rent for such Right of First Refusal Space shall be abated until possession is delivered to Tenant, and such abatement shall constitute full settlement of all claims that Tenant might otherwise have against Landlord by reason of such failure to give possession of the Right of First Refusal Space to Tenant on the Effective Date.

Acceptance by Tenant. Upon the exercise by Tenant of its right of first refusal as provided in this Rider No. 104, Landlord and Tenant shall, within fifteen (15) days after [****] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. RIDER NO. 104 - PAGE 1 OF 2 Tenant delivers to Landlord notice of its election, enter into an amendment to the Lease incorporating the Offered Space into the Premises for the rent, for the term, and containing such other terms and conditions as Landlord notified Tenant pursuant to paragraph 2 above. Rent for a partial month shall be prorated. Possession of the Right of First Refusal Space shall be delivered to Tenant in an “as is” condition. Landlord shall not be liable for the failure to give possession of the Right of First Refusal Space on the Effective Date by reason of the holding over or retention of possession of any tenant, tenants, or occupants, or for any other reason, and any such failure shall not impair the validity of this Lease, or extend the Term, but the rent for such Right of First Refusal Space shall be abated until possession is delivered to Tenant, and such abatement shall constitute full settlement of all claims that Tenant might otherwise have against Landlord by reason of such failure to give possession of the Right of First Refusal Space to Tenant on the Effective Date.