Common use of Available for Leasing, etc Clause in Contracts

Available for Leasing, etc. For purposes of this Article XIX, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (a) the space is vacant, or (b) the respective existing tenant or occupant of the applicable ROFO Space has no express right set forth in its lease or occupancy agreement, granted prior to the Effective Date, to extend or renew the term of its lease or occupancy agreement for the applicable ROFO Space. For purposes of this Article XIX, space shall not be deemed “available for leasing” if, at the time in question (i) any person or entity leases or occupies the ROFO Space, whether pursuant to a lease or other agreement, and has an express option or right, granted prior to the Effective Date, to renew its lease or rights of occupancy of such ROFO Space (unless such person or entity confirms to the reasonable satisfaction of Landlord that it does not intend to extend or renew the term of the lease or other occupancy agreement for the ROFO space or enter into a new lease for such ROFO Space), (ii) any person or entity holds an option or right granted prior to the Effective Date to lease or occupy the ROFO Space, or any other rights or claims thereto (including, without limitation, any rights of first offer, rights of first refusal or expansion rights) granted prior to the Effective Date, or (iii) Landlord intends to occupy the ROFO Space, or to lease or otherwise permit the occupancy of the ROFO Space by an affiliate or subsidiary of Landlord. In no event shall Landlord be liable to Tenant for any failure by any then existing tenant or occupant to vacate the ROFO Space by any particular date. Nothing set forth in this Article XIX shall be construed to limit Landlord’s right to lease space in the Building to affiliates of Landlord, or to keep space in the Building vacant if Landlord elects, in its sole discretion, to do so, and such space leased to affiliates, subsidiaries or related entities, or vacant space, shall in no event be deemed to be “available for leasing” hereunder. Notwithstanding anything herein to the contrary, all rights of first offer granted to Tenant pursuant to this Article XIX are subject and subordinate in all respects to the express rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant or occupant of the Building existing on the date of this Lease, which rights are set forth on Schedule 19.2 attached hereto.

Available for Leasing, etc. For purposes of this Article XIXSection 2.4, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (ai) the space is vacant, or (bii) the respective existing tenant or occupant of which leases the applicable subject ROFO Space has no express right set forth in its lease or occupancy agreement, granted prior to the Effective Date, to space will not extend or renew the term terms of its lease or other occupancy agreement for the applicable ROFO Space and that said tenant or occupant is not interested either in extending or renewing its lease or other occupancy agreement for the ROFO Space or in entering into a new lease for such ROFO Space. For purposes of this Article XIXSection 2.4, space shall not be deemed “available for leasing” if, at the time in question (ix) any person or entity leases or occupies the ROFO Space, whether pursuant to a lease or other agreement, and has an express option or right, granted prior to the Effective Date, to renew its lease or rights of occupancy of such ROFO Space (unless such person or entity confirms to the reasonable satisfaction of Landlord that it does not intend to extend or renew the term of the lease or other occupancy agreement for the ROFO space or enter into a new lease for such ROFO Space), ; (iiy) any person or entity holds an option any Superior Right, which Superior Right has not been waived or right granted prior to the Effective Date to lease or occupy the ROFO Space, or any other rights or claims thereto (including, without limitation, any rights of first offer, rights of first refusal or expansion rights) granted prior to the Effective Date, extinguished; or (iiiz) Landlord intends to occupy the ROFO Space, or to lease or otherwise permit the occupancy of the ROFO Space by an affiliate or subsidiary of Landlord. Without limitation, so long as a tenant or other occupant leases or occupies all or a portion of the ROFO Space, Landlord shall be free to extend or renew any such tenancy or occupancy, whether or not pursuant to a lease or other agreement, and such space shall not be deemed to be “available for leasing.” In no event shall Landlord be liable to Tenant for any failure by any then existing tenant or occupant to vacate the any ROFO Space by any particular date. Nothing set forth in this Article XIX Section 2.4 shall be construed to limit Landlord’s right to lease space in the Building to affiliates of Landlord, or to keep space in the Building vacant if Landlord elects, in its sole discretion, to do so, and such space leased to affiliates, subsidiaries or related entities, or vacant space, shall in no event be deemed to be “available for leasing” hereunder. Notwithstanding anything herein to the contrary, all rights of first offer granted to Tenant pursuant to this Article XIX Section 2.4 are subject and subordinate in all respects to the express rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant or occupant of the Building all other tenants and occupants which rights are existing on the date Date of this LeaseLease (each, which rights are set forth on Schedule 19.2 attached heretoa “Superior Right”).

Available for Leasing, etc. For purposes of this Article XIX31, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (a) the space is vacant, or (b) the respective existing tenant or occupant of the applicable ROFO Space has no express right set forth in its lease or occupancy agreement, granted prior to the Effective Date, to will not extend or renew the term of its lease or other occupancy agreement for the applicable ROFO Space and that said existing tenant or occupant is not interested either in extending or renewing its lease or other occupancy agreement for the ROFO Space or in entering into a new lease for such ROFO Space, or (c) Landlord intends to market the ROFO Space for lease or list the same with a broker. For purposes of this Article XIX31, space shall not be deemed “available for leasing” if, at the time in question (ia) any person or entity leases or occupies the ROFO Space, whether pursuant to a lease or other agreement, and has an express option or right, granted prior to the Effective Date, to renew its lease or rights of occupancy of such ROFO Space agreement (unless such person or entity confirms to the reasonable satisfaction of Landlord that it does not intend to extend or renew the term of the lease or other occupancy agreement for the ROFO space or enter into a new lease for such ROFO Space), (iib) any person or entity holds an any option or right granted prior to the Effective Date to lease or occupy the ROFO Space, or to renew its lease or right(s) of occupancy thereof, or any other rights or claims thereto (including, without limitation, any rights of first offer, rights of first refusal or expansion rights) granted prior to the Effective Date), or (iiic) Landlord intends to occupy the ROFO Space, or to lease or otherwise permit the occupancy of the ROFO Space by an affiliate or subsidiary of Landlord. Without limitation, so long as a tenant or other occupant leases or occupies all or a portion of the ROFO Space, Landlord shall be free to extend or renew any such tenancy or occupancy, whether or not pursuant to a lease or other agreement, and such space shall not be deemed to be “available for leasing.” In no event shall Landlord be liable to Tenant for any failure by any then existing tenant or occupant to vacate the any ROFO Space by any particular date; provided that Landlord shall use commercially reasonable efforts, including, without limitation, pursuing eviction and remedies available under any guaranties, to re-gain control of the applicable space. Nothing set forth in this Article XIX 31 shall be construed to limit Landlord’s right to lease space in the Building to affiliates of Landlord, or to keep space in the Building vacant if Landlord elects, in its sole discretion, to do so, and such space leased to affiliates, subsidiaries or related entities, or vacant space, shall in no event be deemed to be “available for leasing” hereunder. Notwithstanding anything herein to the contrary, all rights of first offer granted to Tenant pursuant to this Article XIX are subject and subordinate in all respects to the express rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant or occupant of the Building existing on the date of this Lease, which rights are set forth on Schedule 19.2 attached hereto.

Available for Leasing, etc. For purposes of this Article XIX31, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (a) the space is vacant, or (b) the respective existing tenant or occupant of the applicable ROFO Space has no express right set forth in its lease or occupancy agreement, granted prior to the Effective Date, does not intend to extend or renew the term of its lease or other occupancy agreement for the applicable ROFO Space or to enter into a new lease for such ROFO Space. For purposes of this Article XIX31, space shall not be deemed “available for leasing” if, at the time in question (ia) any person or entity leases or occupies the ROFO Space, whether pursuant to a lease or other agreement, and has an express option or right, granted prior to the Effective Date, to renew its lease or rights of occupancy of such ROFO Space agreement (unless such person or entity confirms to the reasonable satisfaction of Landlord that it does not intend to extend or renew the term of the lease or other occupancy agreement for the ROFO space or enter into a new lease for such ROFO Space), (iib) any person or entity holds an any option or right granted prior to the Effective Date to lease or occupy the ROFO Space, or to extend or renew its lease or right(s) of occupancy thereof, or any other rights or claims thereto (including, without limitation, any rights of first offer, rights of first refusal or expansion rights) granted prior to the Effective Date), or (iiic) Landlord intends to occupy the ROFO Space, or to lease or otherwise permit the occupancy of the ROFO Space by an affiliate or subsidiary of Landlord. Without limitation, so long as a tenant or other occupant leases or occupies all or a portion of the ROFO Space, Landlord shall be free to extend or renew any such tenancy or occupancy, whether or not pursuant to a lease or other agreement, and such space shall not be deemed to be “available for leasing.” In no event shall Landlord be liable to Tenant for any failure by any then existing tenant or occupant to vacate the any ROFO Space by any particular date. Nothing set forth in this Article XIX 31 shall be construed to limit Landlord’s right to lease space in the Building to affiliates of Landlord, or to keep space in the Building vacant if Landlord elects, in its sole discretion, to do so, and such space leased to affiliates, subsidiaries or related entities, or vacant space, shall in no event be deemed to be “available for leasing” hereunder. Notwithstanding anything herein to the contrary, all rights of first offer granted to Tenant pursuant to this Article XIX 31 are subject and subordinate in all respects to the express rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant or occupant of the Building existing on the date of this Lease, which rights are set forth on Schedule 19.2 attached hereto.

Available for Leasing, etc. For purposes of this Article XIX31, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (a) the space is vacant, or (b) the respective existing tenant or occupant of the applicable ROFO Space has no express right set forth in its lease or occupancy agreement, granted prior to the Effective Date, to will not extend or renew the term of its lease or other occupancy agreement for the applicable ROFO Space and that said existing tenant or occupant is not interested either in extending or renewing its lease or other occupancy agreement for the ROFO Space or in entering into a new lease for such ROFO Space, or (c) Landlord intends to market the ROFO Space for lease or list the same with a broker. For purposes of this Article XIX31, space shall not be deemed “available for leasing” if, at the time in question (ia) any person or entity leases or occupies the ROFO Space, whether pursuant to a lease or other agreement, and has an express option or right, granted prior to the Effective Date, to renew its lease or rights of occupancy of such ROFO Space agreement (unless such person or entity confirms to the reasonable satisfaction of Landlord that it does not intend to extend or renew the term of the lease or other occupancy agreement for the ROFO space or enter into a new lease for such ROFO Space), (iib) any person or entity holds an any option or right granted prior to the Effective Date to lease or occupy the ROFO Space, or to renew its lease or right(s) of occupancy thereof, or any other rights or claims thereto (including, without limitation, any rights of first offer, rights of first refusal or expansion rights) granted prior to the Effective Date), or (iiic) Landlord intends to occupy the ROFO Space, or to lease or otherwise permit the occupancy of the ROFO Space by an affiliate or subsidiary of Landlord. Without limitation, so long as a tenant or other occupant leases or occupies all or a portion of the ROFO Space, Landlord shall be free to extend or renew any such tenancy or occupancy, whether or not pursuant to a lease or other agreement, and such space shall not be deemed to be “available for leasing.” In no event shall Landlord be liable to Tenant for any failure by any then existing tenant or occupant to vacate the any ROFO Space by any particular date; provided that Landlord shall use commercially reasonable efforts, including, without limitation, pursuing eviction and remedies available under any guaranties, to re-gain control of the applicable space. Nothing set forth in this Article XIX 31 shall be construed to limit Landlord’s right to lease space in the Building to affiliates of Landlord, or to keep space in the Building vacant if Landlord elects, in its sole discretion, to do so, and such space leased to affiliates, subsidiaries or related entities, or vacant space, shall in no event be deemed to be “available for leasing” hereunder. Notwithstanding anything herein to the contrary, all rights of first offer granted to Tenant pursuant to this Article XIX 31 are subject and subordinate in all respects to the express rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant or occupant of the Building existing on the date of this LeaseLease and listed on Exhibit H attached hereto, which rights Landlord represents and warrants to Tenant are set forth on Schedule 19.2 attached heretoall such superior rights.

Available for Leasing, etc. For purposes of this Article XIX27, space shall be deemed “available for leasing” when Landlord has determined in its sole discretion that (a) the space is vacant, or (b) the respective existing tenant or occupant of the applicable ROFO Space has no express right set forth in its lease or occupancy agreement, granted prior to the Effective Date, does not intend to extend or renew the term of its lease or other occupancy agreement for the applicable ROFO Space or enter into a new lease for such ROFO Space. For purposes of this Article XIX27, space shall not be deemed “available for leasing” if, at the time in question (ia) any person or entity leases or occupies the ROFO Space, whether pursuant to a lease or other agreement, and has an express option or right, granted prior to the Effective Date, to renew its lease or rights of occupancy of such ROFO Space agreement (unless such person or entity confirms to the reasonable satisfaction of Landlord that it does not intend to extend or renew the term of the lease or other occupancy agreement for the ROFO space or enter into a new lease for such ROFO Space), (iib) any person or entity holds an any option or right granted prior to the Effective Date to lease or occupy the ROFO Space, or to renew its lease or right(s) of occupancy thereof, or any other rights or claims thereto (including, without limitation, any rights of first offer, rights of first refusal or expansion rights) granted prior to the Effective Date), or (iiic) Landlord or an affiliate of Landlord intends to occupy the ROFO SpaceSpace as a management office for the Building; provided, however, if Landlord or an affiliate of Landlord occupies any ROFO Space as a management office without first offering such ROFO Space to lease Tenant, then the Signage Rentable Area Threshold shall be reduced on a per square foot basis by the rentable square footage of such management office. Without limitation, so long as a tenant or otherwise permit the occupancy other occupant leases or occupies all or a portion of the ROFO Space by an affiliate Space, Landlord shall be free to extend or subsidiary of Landlord. renew any such tenancy or occupancy, whether or not pursuant to a lease or other agreement, and such space shall not be deemed to be “available for leasing.” In no event shall Landlord be liable to Tenant for any failure by any then then-existing tenant or occupant to vacate the any ROFO Space by any particular date. Nothing set forth in this Article XIX 27 shall be construed to limit Landlord’s right to lease space in the Building to affiliates of Landlord, or to keep space in the Building vacant if Landlord elects, in its sole discretion, to do so, and such vacant space leased to affiliates, subsidiaries or related entities, or vacant space, shall in no event be deemed to be “available for leasing” hereunder. Notwithstanding anything herein to the contrary, all rights of first offer granted to Tenant pursuant to this Article XIX 27 are subject and subordinate in all respects to the express rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant or occupant of the Building Property existing on the date of this LeaseAmendment. As of the date hereof, which the tenants and occupants of the Building with such superior rights are set forth listed on Schedule 19.2 Exhibit O attached heretohereto and made a part hereof.

Available for Leasing, etc. For purposes of this Article XIXSection 2.4, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (a) the space is vacant, or (b) the respective existing tenant or occupant which first leases the subject ROFO space after the date of the applicable ROFO Space has no express right set forth in its lease or occupancy agreement, granted prior to the Effective Date, to this Lease will not extend or renew the term terms of its lease or other occupancy agreement for the applicable ROFO Space and that said tenant or occupant is not interested either in extending or renewing its lease or other occupancy agreement for the ROFO Space or in entering into a new lease for such ROFO Space. For purposes of this Article XIXSection 2.4, space shall not be deemed “available for leasing” if, at the time in question (ia) any person or entity leases or occupies the ROFO Space, whether pursuant to a lease or other agreement, and has an express option or right, granted prior to the Effective Date, to renew its lease or rights of occupancy of such ROFO Space agreement (unless such person or entity confirms to the reasonable satisfaction of Landlord that it does not intend to extend or renew the term of the lease or other occupancy agreement for the ROFO space or enter into a new lease for such ROFO Space), ) or (iib) any person or entity holds an any option or right granted prior to the Effective Date to lease or occupy the ROFO Space, or to renew its lease or right(s) of occupancy thereof, or any other rights or claims thereto (including, without thereto. Without limitation, any rights so long as a tenant or other occupant leases or occupies all or a portion of first offer, rights of first refusal or expansion rights) granted prior to the Effective Date, or (iii) Landlord intends to occupy the ROFO Space, Landlord shall be free to extend or renew any such tenancy or occupancy, whether or not pursuant to a lease or otherwise permit the occupancy of the ROFO Space by an affiliate or subsidiary of Landlord. other agreement, and such space shall not be deemed to be “available for leasing.” In no event shall Landlord be liable to Tenant for any failure by any then existing tenant or occupant to vacate the any ROFO Space by any particular date. Nothing set forth in this Article XIX Section 2.4 shall be construed to limit Landlord’s right to lease space in the Building to affiliates of Landlord, or to keep space in the Building vacant if Landlord elects, in its sole discretion, to do so, and such vacant space leased to affiliates, subsidiaries or related entities, or vacant space, shall in no event be deemed to be “available for leasing” hereunder. Notwithstanding anything herein to the contraryLandlord represents and warrants that, all rights as of first offer granted to Tenant pursuant to this Article XIX are subject and subordinate in all respects to the express rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant or occupant of the Building existing on the date of this Lease, which rights are set forth on Schedule 19.2 attached heretono other person or entity has any option or right to lease or occupy the ROFO Space.