Available Space. Provided that CapitalSource is not then in default and has not been in default more than once during the Term, in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the 7th Floor Space, as hereinafter defined, and is then in occupancy of at least fifty percent (50%) of the Premises at the time of Landlord's 7th Floor Offer, as hereinafter defined, and at the time of the commencement of the term as to the 7th Floor Space, as hereinafter defined, and provided further that the right and option of CapitalSource hereinafter granted, shall be subject and subordinate to the prior right and option of The Ritz-Carlton Hotel Company, L.L.C. or any Permitted Transferee, as xxxx term is defined in that certain Office Lease Agreement (the 'Ritz-Carlton Lease') between Landlord and Ritz-Carlton (collectivelx 'Xitz-Carlton'), to lease said 7xx Xxxxx Xxxce (the 'Ritz-Carlton Xxxxxxion Option'), as hereinafter defined, thxx xxxxxx xxring the period commencing on the Third Expansion Space Commencement Date, CapitalSource shall have a one-time right to receive from Landlord, after the earlier to occur of the expiration of the Ritz-Carlton Expansion Option, as set forth in the Ritz-Carxxxx Xxxxx, as to the 7th Floor Space or Landlord's xxxxxxx xx a written waiver from Ritz-Carlton of the Ritz-Carlton Expansion Option, an offer xx xxxxx xxe 7th Floor Xxxxx xx CapitalSource on the terms set forth in Landlord's 7th Floor Offer, which offer shall be accepted or rejected at CapitalSource's option. '7th Floor Space' means only that office space located on the 7th floor of the Building and shown on Exhibit Q attached to this Lease, as said space may become available for lease after the expiration of the term, or earlier termination, of the existing lease between Landlord and the tenant of said 7th Floor Space as of the date upon which Ritz-Carlton is entitled to exercise the Ritz-Carlton Expansion Optxxx. The 7th Floor Space shall be xxxxxxx xx and accepted (if at all) by CapitalSource on the terms and conditions set forth in Landlord's offer to CapitalSource as to such 7th Floor Space ('Landlord's 7th Floor Offer'), which Landlord's 7th Floor Offer shall provide that the proposed Base Rent Per Annum shall be the prevailing market rent, as determined pursuant to Section 3.5(a) of this Lease.
Available Space. 26.3' BREEZYS ACCESSORIEZ 0.1' 30' 9.9'
Available Space. For the purposes of the Expansion Right: (i) the term "First Floor Available Space" shall mean any Rentable Area within the first floor of the Building other than the Demised Premises; (ii) the term "Second Floor Available Space" shall mean any Rentable Area within the second floor of the Building which Landlord is not obligated, as of the date hereof, to deliver to Genos Biosciences, Inc. pursuant to the terms of its lease; (iii) the term "3530 Available Space" shall mean any Rentable Area within any free-standing office or laboratory building upon the land immediately adjacent to the Building to be constructed and to have a mailing address of 3530 Xxxx Xxxxxxx Xxxxx; and (iv) the term "Available Space" shall mean, collectively, the First Floor Available Space, the Second Floor Available Space and the 3530 Available Space. Tenant may exercise the Expansion Right as to any Available Space; provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any Second Floor Available Space shall be subordinate to the right of Genos Biosciences, Inc. to exercise its expansion right as to such space pursuant to the terms of its lease executed concurrently herewith; further provided, however, that (notwithstanding anything to the contrary contained herein) Tenant's ability to exercise the Expansion Right as to any 3530 Available Space shall only arise in the event that Landlord constructs or determines to pursue a speculative development project for a free-standing office or laboratory building upon the land immediately adjacent to the Building and desires to lease such new building for any purpose other than for parking, storage or placement of temporary trailers; and further provided, however, that if the Available Space was configured for use by a single tenant, Tenant must exercise the Expansion Right as to all of
Available Space. Evolent shall have the rights set forth in this Section 44 provided that (i) Evolent has leased at least 14,560 square feet of rentable office space on the sixth (6th) floor of the Building pursuant to Section 45 hereof, Section 46 hereof, or any combination thereof, (ii) Evolent is not then in Default and has not been in Default more than once during the Term, in each case both at the time of Landlord’s Offer (as hereinafter defined), and at the time of the commencement of the term as to the Available Space (as hereinafter defined), (iii) Evolent is then in occupancy of at least seventy-five percent (75%) of the Premises at the time of Landlord’s Offer, and at the time of the commencement of the term as to the Available Space, and (iv) the right and option of Evolent hereinafter granted shall be subject and subordinate to the right(s) and option(s) as to said Available Space of any future tenants leasing space in the Building during Landlord’s initial leasing of the Building. If after Landlord has completed its initial leasing of the Building (except for the Available Space), there then remains Available Space (as hereinafter defined) in the Building which is not the subject of any present or future rights of one or more tenants that entered into leases for space in the Building
Available Space. For the purposes of the Expansion Option, "Available Space" shall mean any rentable area within the Building not leased to a tenant and not currently subject to any option or expansion rights of any other tenant. Tenant may exercise the Expansion Option as to any Available Space, provided however, that if the Available Space was configured for use by a single tenant, Tenant must exercise the Expansion Option as to all of such available Space. Tenant may not exercise the Expansion Option as to a portion or less than all or any Available Space configured for use by a single tenant.
Available Space. Subject to the terms and conditions of this Article 17, before Landlord leases any Available Space (as defined below) to any unrelated third party during the Term, Landlord
Available Space. 32 E. Termination ..................................................... 32
Available Space. 68 LEASE -----
Available Space. As used in this Section 53, "Available Space" shall mean any office space in the Building which becomes vacant after the Commencement Date and during the Term, other than space on the ground floor. If any such vacant space is subject to an existing expansion right or first refusal right of an existing tenant, or if Lessor
Available Space. COLO shall give NEXTLINK written notice for each NCO whenever COLO reaches 70% occupancy and/or receives a bona fide offer(s) for 70% of the colocation space in a given site. In that written notice, COLO shall request that NEXTLINK declare within 30 days from the date of the request whether it intends to exercise its right to up to 1000 square feet of Telecommunications Equipment Space. COLO also shall give NEXTLINK written notice for each NCO of the availability of any Tower Rights in that NCO and, subsequently, upon reaching 70% occupancy and/or the receipt of a bona fide offer(s) for 70% of the Tower Rights available at an NCO. If NEXTLINK fails to respond within the 30-day period, NEXTLINK shall be deemed to have waived the Option and COLO shall be free to offer the Equipment and Tower Space to other interested Parties. NEXTLINK's right to last available space under this Section F.2a shall expire three years after execution of this Agreement.
