Common use of Available for Leasing, etc Clause in Contracts

Available for Leasing, etc. For purposes of this Section 2.4, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (i) the space is vacant, or (ii) the respective tenant or occupant which leases the subject ROFO space will not extend or renew the terms of its lease or other occupancy agreement for the 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 Section 2.4, space shall not be deemed “available for leasing” if, at the time in question (x) any person or entity leases or occupies the ROFO Space (unless such person or entity confirms to the 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); (y) any person or entity holds any Superior Right, which Superior Right has not been waived or extinguished; or (z) 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 any ROFO Space by any particular date. Nothing set forth in this 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 Section 2.4 are subject and subordinate in all respects to the rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of all other tenants and occupants which rights are existing on the Date of this Lease (each, a “Superior Right”).

Available for Leasing, etc. For purposes of this Section 2.4Article 31, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (ia) the space is vacant, or (iib) the respective existing tenant or occupant which leases the subject ROFO space will does not intend to extend or renew the terms term of its lease or other occupancy agreement for the 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 to enter into a new lease for such ROFO Space. For purposes of this Section 2.4Article 31, space shall not be deemed “available for leasing” if, at the time in question (xa) any person or entity leases or occupies the ROFO Space Space, whether pursuant to a lease or other agreement (unless such person or entity confirms to the 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); , (yb) any person or entity holds any Superior Rightoption or right to lease or occupy the ROFO Space, which Superior Right has not been waived or extinguished; 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), or (zc) 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 any ROFO Space by any particular date. Nothing set forth in this Section 2.4 Article 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 Section 2.4 Article 31 are subject and subordinate in all respects to the rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of all other tenants and occupants which rights are any tenant or occupant of the Building existing on the Date date of this Lease (each, a “Superior Right”)Lease.

Available for Leasing, etc. For purposes of this Section 2.4, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (ia) the space is vacant, or (iib) the respective tenant or occupant which first leases the subject ROFO space after the date of this Lease will not extend or renew the terms of its lease or other occupancy agreement for the 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 Section 2.4, space shall not be deemed “available for leasing” if, at the time in question (xa) any person or entity leases or occupies the ROFO Space Space, whether pursuant to a lease or other agreement (unless such person or entity confirms to the 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 (yb) any person or entity holds any Superior Right, which Superior Right has not been waived option or extinguished; right to lease or (z) Landlord intends to occupy the ROFO Space, or to renew its lease or otherwise permit the right(s) of occupancy of the ROFO Space by an affiliate thereof, or subsidiary of Landlordany other rights or claims thereto. 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 any ROFO Space by any particular date. Nothing set forth in this 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 Landlord represents and warrants that, as of the contrarydate of this Lease, all rights of first offer granted to Tenant pursuant to this Section 2.4 are subject and subordinate in all respects to the rights (whether such rights are designated as a right of first offer, right of first refusal, expansion no other person or entity has any option or otherwise) of all other tenants and occupants which rights are existing on right to lease or occupy the Date of this Lease (each, a “Superior Right”)ROFO Space.

Available for Leasing, etc. For purposes of this Section 2.4Article 31, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (ia) the space is vacant, or (iib) the respective existing tenant or occupant which leases the subject ROFO space will not extend or renew the terms term of its lease or other occupancy agreement for the 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 Section 2.4Article 31, space shall not be deemed “available for leasing” if, at the time in question (xa) any person or entity leases or occupies the ROFO Space Space, whether pursuant to a lease or other agreement (unless such person or entity confirms to the 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); , (yb) any person or entity holds any Superior Rightoption or right to lease or occupy the ROFO Space, which Superior Right has not been waived or extinguished; 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), or (zc) 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 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 Section 2.4 Article 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 Section 2.4 Article 31 are subject and subordinate in all respects to the rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of all other tenants and occupants which rights are any tenant or occupant of the Building existing on the Date date of this Lease (eachand listed on Exhibit H attached hereto, a “Superior Right”)which Landlord represents and warrants to Tenant are all such superior rights.

Available for Leasing, etc. For purposes of this Section 2.4Article 27, space shall be deemed “available for leasing” when Landlord has determined in its sole discretion that (ia) the space is vacant, or (iib) the respective existing tenant or occupant which leases the subject ROFO space will does not intend to extend or renew the terms term of its lease or other occupancy agreement for the 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 enter into a new lease for such ROFO Space. For purposes of this Section 2.4Article 27, space shall not be deemed “available for leasing” if, at the time in question (xa) any person or entity leases or occupies the ROFO Space Space, whether pursuant to a lease or other agreement (unless such person or entity confirms to the 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); , (yb) any person or entity holds any Superior Right, which Superior Right has not been waived option or extinguished; right to lease or (z) Landlord intends to occupy the ROFO Space, or to renew its lease or otherwise permit the 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), or (c) Landlord or an affiliate of Landlord intends to occupy the ROFO Space by as a management office for the Building; provided, however, if Landlord or an affiliate or subsidiary of LandlordLandlord occupies any ROFO Space as a management office without first offering such ROFO Space to 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 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 then-existing tenant or occupant to vacate any ROFO Space by any particular date. Nothing set forth in this Section 2.4 Article 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 Section 2.4 Article 27 are subject and subordinate in all respects to the rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of all other any tenant or occupant of the Property existing on the date of this Amendment. As of the date hereof, the tenants and occupants which of the Building with such superior rights are existing listed on the Date of this Lease (each, Exhibit O attached hereto and made a “Superior Right”)part hereof.

Available for Leasing, etc. For purposes of this Section 2.4Article 31, space shall be deemed “available for leasing” when Landlord has determined in its discretion that (ia) the space is vacant, or (iib) the respective existing tenant or occupant which leases the subject ROFO space will not extend or renew the terms term of its lease or other occupancy agreement for the 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 Section 2.4Article 31, space shall not be deemed “available for leasing” if, at the time in question (xa) any person or entity leases or occupies the ROFO Space Space, whether pursuant to a lease or other agreement (unless such person or entity confirms to the 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); , (yb) any person or entity holds any Superior Rightoption or right to lease or occupy the ROFO Space, which Superior Right has not been waived or extinguished; 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), or (zc) 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 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 Section 2.4 Article 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 Section 2.4 are subject and subordinate in all respects to the rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of all other tenants and occupants which rights are existing on the Date of this Lease (each, a “Superior Right”).