Generally Applicable ROFO Provisions Clause Samples

Generally Applicable ROFO Provisions. Except as otherwise provided in the first paragraph of this Section 39, the ROFO Space subject to the Offer (including improvements and personalty, if any) shall be accepted by Tenant in its condition and as-built configuration existing on the earlier of the date Tenant takes possession thereof or as of the date the term for such ROFO Space commences, unless the Offer specifies any work to be performed by Landlord thereto, in which case Landlord shall perform such work prior to delivery. Work to be performed by Landlord and, with respect to any Offer delivered to Tenant after June 30, 2017, any tenant improvement allowance, shall be as specified in the Offer. If Landlord is delayed in delivering possession of any ROFO Space due to the holdover or unlawful possession of any portion of such space by any party, Landlord shall use commercially reasonable efforts to obtain possession of such space, and the commencement of the term for the ROFO Space shall be postponed until the date Landlord delivers possession thereof to Tenant, free from occupancy by any party. Failure of Tenant to exercise the foregoing ROFO within the prescribed time period above shall constitute a waiver of Tenant’s right as to that Offer and Landlord shall have the right to lease such space to the third party making that offer or any future third party making an offer; thus, if Tenant does not exercise the ROFO after receiving an Offer prior to June 30, 2017, and Landlord subsequently enters into a lease for the ROFO Space subject to the Offer, Tenant shall have no further ROFO with respect to such ROFO Space until such third party’s lease or occupancy of such ROFO Space terminates and Landlord receives an offer from a new third party to lease such ROFO Space. If Tenant does not exercise the ROFO after receiving an Offer after June 30, 2017, and Landlord subsequently enters into a lease (without material modification) for the ROFO Space subject to the Offer, Tenant shall have no ROFO with respect to such space until such third party’s lease or occupancy of such ROFO Space terminates and Landlord receives an offer from a new third party to lease such ROFO Space. With respect to any Offer made after June 30, 2017, Tenant’s ROFO shall continue and the procedure described in the first paragraph of this Section 39 shall be followed if Landlord desires to enter into a lease where there is a material modification in the terms of the Offer. As used herein, a “material modification” shall mean tha...