Common use of FIRST OPPORTUNITY TO LEASE Clause in Contracts

FIRST OPPORTUNITY TO LEASE. If at any time during the term of this Lease, any of the remaining spaces on the eighth floor of the Building become available for lease, Landlord shall notify Tenant of the availability of such space for lease and the terms and conditions upon which Landlord wishes to lease such space; provided, however, that the expiration of the term for the demise of such space shall be concurrent with the then remaining term of this Lease, the monthly base rent per square foot for such space shall be the same as the Monthly Base Rent then being charged under this Lease, and Landlord shall provide building standard "turn-key" improvements for such space equivalent to Landlord's Improvements under this Lease; provided, further, that notwithstanding anything contained herein to the contrary, such space shall be occupied and used only by Tenant, and Tenant shall not, for a period of six (6) months from the commencement of the term of this Lease for such additional space, sublease, assign or allow any other person to occupy or use such space, or any portion thereof. Tenant shall have the right within thirty (30) days after receipt of Landlord's written notification to lease such space on the terms and conditions set forth in Landlord's written notification. If Tenant shall not so elect within said thirty (30) day period, Landlord may then lease the premises to any other person, on terms and conditions established by Landlord in its sole discretion. Said terms and conditions shall not necessarily be limited to the terms and conditions set forth in Landlord's written notification.

FIRST OPPORTUNITY TO LEASE. (a) If at any time during the term of this Leasethrough December 31, 2000, any of the remaining spaces on the eighth ninth floor of the Building become available for leaselease (the "Opportunity Space"), which Opportunity Space consists of Suite Nos. 900, 901, 915 and 920 (Suite 920 is currently leased to Xxxx- Xxxxxxx & Co. and subleased to Tenant herein), Landlord shall notify Tenant of the availability of such space for lease and the terms and conditions upon which Landlord wishes to lease such space; provided, however, that that: (i) the expiration of the term for the demise of such space shall be concurrent with the then remaining term of this LeaseDecember 31, 2003; (ii) the monthly base rent per square foot for such space shall be the same as the Monthly Base Rent then being charged under this Lease, and Amendment; (iii) Landlord shall provide building standard "turn-key" improvements for such space equivalent Tenant with a Team Improvement Allowance in an amount equal to Landlordthe product of (A) the number of rentable square feet, (B) $4.00 and (C) the number of years (and fraction thereof) of the term of the lease; (iv) fifty percent (50%) of the Tenant Improvement Allowance shall be paid by Landlord upon substantial completion of the Tenm's Improvements under this Lease; providedimprovements, further, that and the remaining fifty percent (50%) shall be paid in the form of a credit towards Tenant's Monthly Base Rent commencing on the date of said substantial completion; (v) notwithstanding anything contained herein to the contrary, such space shall be occupied and used only by Tenant, and Tenant shall not, for a period of six (6) months from the commencement of the term of this Lease for such additional space, sublease, assign or allow any other person to occupy or use such space, or any portion thereof. . (b) Tenant shall have the right within thirty (30) days after receipt of Landlord's written notification to lease such space on the terms term and conditions set forth in Landlord's written notification. If Tenant shall not so elect within said thirty (30) day period, Landlord may then lease the premises to any other person, on terms and conditions established by Landlord in its sole discretion. Said terms and conditions shall not necessarily be limited to the terms and conditions set forth in Landlordlandlord's written notification. (c) Tenant agrees that it will not request that Landlord relocate any of the tenants currently occupying Suite Nos. 900, 901 or 915 prior to the dates on which the term of the respective tenant's lease terminates. (d) Tenant agrees that its first opportunity to lease may not be transferred or assigned without the prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion, and any such attempted transfer or assignment without such consent shall be null and void. (e) Tenant's first opportunity to lease the twelfth (12th) floor of the Building, as set forth in paragraph 8 of the Second Amendment of Commerce Tower Office Lease, is hereby deleted in its entirety.

FIRST OPPORTUNITY TO LEASE. If at At any time during the term Term, Tenant shall have the first opportunity (“First Opportunity”) to lease Suite A206 and Suite A207 (the “Available Space”) in the Building, provided that Tenant is in possession of the Premises and not in default of any condition or requirement of this Lease, any of the remaining spaces on the eighth floor of the Building become available for lease, . Landlord shall notify Tenant of the availability of such space for lease the Available Space and the terms and conditions upon which Landlord wishes to lease such space; provided, however, that the expiration of the term for the demise of such space shall be concurrent with the then remaining term of this Lease, the monthly base rent per square foot for such space shall be proposes the same as to be leased (the Monthly Base Rent then being charged under this Lease, and Landlord shall provide building standard "turn-key" improvements for such space equivalent to Landlord's Improvements under this Lease; provided, further, that notwithstanding anything contained herein to the contrary, such space shall be occupied and used only by Tenant, and Tenant shall not, for a period of six (6) months from the commencement of the term of this “Available Space Lease for such additional space, sublease, assign or allow any other person to occupy or use such space, or any portion thereofTerms”). Tenant shall have the right within thirty a period of ten (3010) days after receipt from the date of Landlord's written notification delivery of such notice within to notify Landlord of its election to lease such space the Available Space on the terms and conditions set forth in Landlord's written notificationAvailable Space Lease Terms. If In the event Tenant shall does not so elect notify Landlord of its election to lease the Available Space within said thirty the aforesaid ten (3010) day period, time being of the essence, Landlord shall be free to lease the Available Space to any party as Landlord may then elect upon such terms as Landlord and any proposed tenant of the Available Space may agree upon. In the event Tenant elects to lease the premises Available Space as aforesaid, a lease amendment shall be prepared incorporating the Available Space Lease Terms; such amendment being subject to approval by Canaveral Port Authority Board of Commissioners. If Tenant does not exercise its opportunity to lease the Available Space in accordance with this provision, Landlord shall not be required to offer the Available Space to Tenant again. The aforesaid First Opportunity is personal to the Tenant named herein and shall not apply to any other person, on terms and conditions established by Landlord in its sole discretion. Said terms and conditions shall not necessarily be limited to the terms and conditions set forth in Landlord's written notificationassignee or subtenant of Tenant.