Common use of Go-Back Right Clause in Contracts

Go-Back Right. If Tenant fails to timely exercise its right of availability with respect to any portion of the Availability Premises, and Landlord thereafter makes a “bona-fide third-party offer” with respect to all or a portion of the Availability Premises, then Landlord shall deliver a second Availability Notice to Tenant prior to entering into a lease of such Availability Premises with a third party. For purposes of this Section 1.5, a “bona-fide third-party offer” shall mean: (i) Landlord receives a request for proposal from a nonaffiliated, qualified third party, and Landlord responds to the request for proposal with a lease proposal on terms and conditions acceptable to Landlord. (ii) Landlord receives a written offer to lease from a nonaffiliated, qualified third party and Landlord responds to the offer with a written counter offer on terms and conditions acceptable to Landlord. Notwithstanding anything to the contrary herein, Landlord may not lease any of the Availability Premises without providing an Availability Notice to Tenant.

Go-Back Right. If Tenant fails to timely exercise its right of availability with respect to any portion of the Availability Premises, and Landlord thereafter makes a “bona-bona- fide third-party offer” with respect to all or a portion of the Availability Premises, then Landlord shall deliver a second Availability Notice to Tenant prior to entering into a lease of such Availability Premises with a third party. For purposes of this Section 1.5, a “bona-fide third-party offer” shall mean: (i) Landlord receives a request for proposal from a nonaffiliatednon- affiliated, qualified third party, and Landlord responds to the request for proposal with a lease proposal on terms and conditions acceptable to Landlord. (ii) Landlord receives a written offer to lease from a nonaffiliatednon- affiliated, qualified third party and Landlord responds to the offer with a written counter offer on terms and conditions acceptable to Landlord. Notwithstanding anything to the contrary herein, Landlord may not lease any of the Availability Premises without providing an Availability Notice to Tenant.

Go-Back Right. If Tenant fails to timely exercise its right of availability with respect to any portion of the Availability Premises, and Landlord thereafter makes a “bona-fide third-party offer” ( defined below) with respect to all or a portion of the Availability Premises, then Landlord shall deliver a second Availability Notice to Tenant with respect to the portion of the Availability Premises that is the subject of such bona fide third party offer (the “Second Availability Notice”) prior to entering into a lease of such portion of the Availability Premises with a third party. For purposes of this Section 1.51.4, a “bona-fide third-party offer” shall mean: (i) Landlord receives a request for proposal from a nonaffiliatednon-affiliated, qualified third party, and Landlord responds to the request for proposal with a lease proposal on terms and conditions acceptable to Landlord. (ii) Landlord receives a written offer to lease from a nonaffiliatednon-affiliated, qualified third party and Landlord responds to the offer with a written counter offer on terms and conditions acceptable to Landlord. Notwithstanding anything to the contrary herein, Landlord may not lease any of the Availability Premises without providing an Availability Notice to Tenant.