Expansion Documentation; Failure to Exercise Right Of Offer or to Sign Expansion Documentation. If Tenant validly exercises Tenant’s Right Of Offer herein, Landlord shall prepare an amendment (“Expansion Documentation”) on Landlord’s then standard form which shall set forth the final and definitive terms and conditions upon which Landlord proposes to lease the Expansion Space to Tenant, and which shall be generally consistent with Landlord’s Notice. If Tenant desires to lease the Expansion Space on the basis of such Expansion Documentation, Tenant shall execute and deliver the Expansion Documentation to Landlord within five (5) business days after Landlord provides the Expansion Documentation to Tenant. Once Tenant provides Tenant’s Notice exercising Tenant’s Right Of Offer, Landlord shall have no further obligation to provide a Landlord’s Notice respecting the Expansion Space included in Landlord’s Notice (provided, this Right Of Offer shall continue to apply to any portions of the Expansion Space that were not included in Landlord’s Notice as further provided below). If Tenant fails to validly exercise such Right Of Offer, or fails to sign and deliver the Expansion Documentation to Landlord, strictly in accordance with the terms hereof, such Right Of Offer shall be deemed to have lapsed and expired as to the Expansion Space that was included in Landlord’s Notice, and Landlord may thereafter freely lease all or a portion of the Expansion Space that was included in Landlord’s Notice to any other party, at any time, on any terms, in Landlord’s sole discretion; provided, despite Tenant’s waiver, this Right of Offer shall: (a) continue to apply to any portions of the Expansion Space that were not included in Landlord’s Notice as further provided below, and (b) apply again to the Expansion Space (or such portion thereof as may have been included in Landlord’s Notice) if Landlord fails to enter into a lease document for the Expansion Space (or such portion thereof, as the case may be) within nine (9) months after Tenant waives this Right of Offer as to such area. Time periods and strict compliance in giving Tenant’s Notice, and in Tenant’s signing and delivering the expansion Documentation, are of the essence of this Right Of Offer.
Appears in 2 contracts
Samples: Office Lease (Chimerix Inc), Office Lease (Chimerix Inc)
Expansion Documentation; Failure to Exercise Right Of Offer or to Sign Expansion Documentation. If Tenant validly exercises Tenant’s Right Of Offer herein, Landlord shall prepare an amendment (“Expansion Documentation”) on Landlord’s then standard form which shall set forth the final and definitive terms and conditions upon which Landlord proposes to lease the Expansion Space to Tenant, and which shall be generally consistent with Landlord’s Notice. If Tenant desires to lease the Expansion Space on the basis of such Expansion Documentation, Tenant shall execute and deliver the Expansion Documentation to Landlord within five ten (510) business days after Landlord provides the Expansion Documentation to Tenant. Once Tenant provides Tenant’s Notice exercising Tenant’s Right Of of Offer, Landlord shall have no further obligation to provide a Landlord’s Notice respecting the Expansion Space included in Landlord’s Notice (provided, this Right Of of Offer shall continue to apply to any portions of the Expansion Space that were not included in Landlord’s Notice as further provided below). If Tenant fails to validly exercise such Right Of Offer, or fails to sign and deliver the Expansion Documentation to Landlord, strictly in accordance with the terms hereof, such Right Of Offer shall be deemed to have lapsed and expired as to the Expansion Space that was included in Landlord’s Notice, and Landlord may thereafter freely lease all or a portion of the Expansion Space that was included in Landlord’s Notice to any other party, at any time, on any terms, in Landlord’s sole discretion; provided, despite Tenant’s waiver, this Right of Offer shall: (a) shall continue to apply to any portions of the Expansion Space that were not included in Landlord’s Notice as further provided below. TIME PERIODS AND STRICT COMPLIANCE IN GIVING TENANT’S NOTICE, and (b) apply again to the Expansion Space (or such portion thereof as may have been included in Landlord’s Notice) if Landlord fails to enter into a lease document for the Expansion Space (or such portion thereofAND IN TENANT’S SIGNING AND DELIVERING THE EXPANSION DOCUMENTATION, as the case may be) within nine (9) months after Tenant waives this Right of Offer as to such area. Time periods and strict compliance in giving Tenant’s Notice, and in Tenant’s signing and delivering the expansion Documentation, are of the essence of this Right Of OfferARE OF THE ESSENCE OF THIS RIGHT OF OFFER.
Appears in 2 contracts
Samples: Lease Agreement (Aldagen Inc), Standard Lease (Aldagen Inc)
Expansion Documentation; Failure to Exercise Right Of Offer or to Sign Expansion Documentation. If Tenant validly exercises Tenant’s Right Of Offer herein, Landlord the parties shall prepare an execute a confirmatory amendment (“Expansion Documentation”) on Landlord’s then standard form which shall set forth ), mutually and reasonably agreeable to both parties, to confirm the final and definitive terms and conditions upon leasing of the Expansion Space, which Landlord proposes to lease the Expansion Space to Tenantshall reasonably prepare, and which shall be generally consistent with Landlord’s NoticeNotice and the provisions hereof. If Tenant desires The parties shall cooperate diligently and in good faith, and use commercially reasonable efforts, to lease the Expansion Space on the basis of such Expansion Documentation, Tenant shall execute sign and deliver the Expansion Documentation to Landlord within five twenty (520) business days after Landlord provides the same to Tenant (but the Right Of Offer shall be deemed to have been unconditionally and irrevocably exercised, and both parties shall be fully bound by the terms thereof in accordance with the provisions hereof, whether or not such confirmatory Expansion Documentation to Tenantis signed). Once Tenant provides Tenant’s Notice exercising Tenant’s Right Of of Offer, Landlord shall have no further obligation to provide a Landlord’s Notice respecting the Expansion Space included in Landlord’s Notice (provided, this Right Of of Offer shall continue to apply to any portions of the Expansion Space that were not included in Landlord’s Notice as further provided below). If Tenant fails to validly exercise such Right Of Offer, or fails to sign and deliver the Expansion Documentation to Landlord, strictly in accordance with the terms hereof, such Right Of Offer shall be deemed to have lapsed and expired as to the Expansion Space that was included in Landlord’s Notice, and Landlord may thereafter freely lease all or a portion of the Expansion Space that was included in Landlord’s Notice to any other party, at any time, on any terms, in Landlord’s sole discretion; provided, despite Tenant’s waiver, this Right of Offer shall: (a) continue to apply to any portions of the Expansion Space that were not included in Landlord’s Notice as further provided below, and (b) apply again to the Expansion Space (or such portion thereof as may have been included in Landlord’s Notice) if Landlord fails to enter into a lease document for the Expansion Space (or such portion thereof, as the case may be) within nine (9) months after Tenant waives this Right of Offer as to such area. Time periods and strict compliance in giving Tenant’s Notice, and in Tenant’s signing and delivering the expansion Documentation, are of the essence of this Right Of Offer...
Appears in 1 contract
Samples: Intercontinentalexchange Inc