Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advice, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) days after the date of the Advice.
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a the one-time right of first offer (the “Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 approximately 8,114 rentable square feet known as Suite No. 600 4150 on the sixth 41st floor of the Building Building, and (ii) the 1,298 rentable square feet known as Suite 4120 on the 41st floor of the Building, each shown on the demising plan attached hereto as Exhibit E-1H (each such Suite, or portion of such Suite, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3“Potential Offering Space”). Tenant’s Right of First Offer shall be exercised as follows: At at any time after Landlord has determined that a any Potential Offering Space has become Available (defined below), but before prior to leasing such Potential Offering Space to a third partyparty other than any existing tenant thereof, Landlord shall provide advise Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to first become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) thereafter, or if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Landlord and Tenant each acknowledge that, as of the date of this Lease, Suite 4120 is occupied and under lease to Paloma Securities, LLLC, and Suite 4150 is unoccupied and not leased. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advicesuch terms, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) days 5 Business Days after the date of the Advice., except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice with respect to any Potential Offering Space, if:
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Zillow Inc)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a one-time an ongoing right of first offer (the “Additional Right of First Offer”) with respect to each of the following suites suite (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 3,090 rentable square feet known as Suite No. 600 250 on the sixth second floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. H. Tenant’s Right of First Offer shall be exercised as follows: At at any time after Landlord has determined that a any Potential Offering Space has become Available (defined below), but before prior to leasing such Potential Offering Space to a third party, Landlord shall provide advise Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by LandlordLandlord (subject to Section 8.2 below). For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to first become Available when Landlord has located delivered to (or received from) a prospective tenant that may be interested in leasing such Potential Offering Space a written proposal for such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, or if such Potential Offering Space is under lease to a third party at any time after the date of mutual execution and delivery of the Lease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advicesuch terms, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) days after the date of the Advice., except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice with respect to any Potential Offering Space, if:
Appears in 2 contracts
Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 8, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each the 14th and 15th floors of the following suites Building (and with respect to each portion of each such suitethereof) (each such suite floor or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3). Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 8, shall provide Tenant with a written notice (the for purposes of this Section 8, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 8.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has located received a prospective tenant that may be interested in leasing written proposal to lease such Potential Offering SpaceSpace from a prospective tenant; and (ii) if such Potential Offering Space is under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. If the term for the Offering Space, as set forth in the Advice, extends beyond the expiration date for the balance of the Premises, Landlord, at its option, may state in the Advice that if Tenant exercises its Right of First Offer based on the Advice, the term for the balance of the Premises shall be extended to be coterminous with the term for the Offering Space, as provided in Section 8.2.E below). Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord satisfying any applicable requirements of Section 8.2.E below (the for purposes of this Section 8, a “Notice of Exercise”) within ten five (105) business days after the date of receiving the Advice.
Appears in 2 contracts
Samples: Office Lease (Apigee Corp), Office Lease (Apigee Corp)
Grant of Option; Conditions. A. 5.1.1 Subject to the terms of this Section 9.4. 5.1, Tenant shall have a one-time an ongoing right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) to the 3,211 rentable square feet known as extent Tenant does not deliver a Suite No. 600 on 100 Retention Notice pursuant to Section 4.3, above, the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-1Suite 100 Premises, a and (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3110 Premises. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect ninety-five percent (95%) of the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the EXHIBIT F date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing for such Potential Offering SpaceSpace as evidence by an exchange of written lease proposals; and (ii) if such Potential Offering Space is under lease to a third party as of of, or at any time after, the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety onlyonly (except that if Landlord notices Tenant on both the Suite 100 Premises and the Suite 110 Premises, Tenant may elect to exercise its right of first offer with respect to one such space and not the other), under the terms set forth in the Advice, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten five (105) business days after the date of the Advice.
Appears in 2 contracts
Samples: Office Lease (Responsys Inc), Office Lease (Responsys Inc)
Grant of Option; Conditions. A. Subject On the conditions set forth below, which conditions Landlord may waive, at its election, by written notice to the terms of this Section 9.4. Tenant at any time, Tenant shall have a the one-time right of first offer expansion (the “Additional Right of First OfferExpansion Option”) with respect to each lease a block of space (the “Expansion Space”) containing a minimum of 20,000 contiguous rentable square feet of floor area and a maximum of the following suites entire remainder of the Unleased (as hereinafter defined) space on the applicable floor of the Building, the exact size and location of which is to be reasonably designated by Landlord, within the Potential Expansion Space, as hereinafter defined. The Expansion Space shall be located on the third (3rd) floor of the Building, provided, however, that if there is not at least 20,000 contiguous rentable square feet of floor area of Unleased space on the third (3rd) floor of the Building, then the Expansion Space shall be located on the fifth (5th) floor of the Building (collectively, the “Potential Expansion Space”). Tenant’s Expansion Option shall be in effect for the period from the Execution Date hereof through the date that there is no longer sufficient Unleased Potential Expansion Space remaining to satisfy the Expansion Space (such date, the “Expansion Option Expiration Date”). As used herein, “Unleased” shall mean that Landlord (i) has not executed a lease for the space in question (with Tenant or with another tenant(s)), and (ii) Landlord does not have copies of a lease for such space outstanding. (In other words, the Potential Expansion Space is currently vacant, and Xxxxxx’s Expansion Option with respect to each portion of each such suite) (each such suite or portion thereof, a “the Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 Expansion Space shall end on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-1date Landlord first enters into a lease for such portion, a (ii) the 1,682 rentable square feet known as Suite Nowhether such lease is with Tenant or with another party. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2Furthermore, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. Tenant’s Right of First Offer shall be exercised as follows: At during any time after period in which Landlord has determined that a draft lease outstanding, Tenant shall also have no rights in the space to which such draft apply.) While the Expansion Space may be located anywhere within the Potential Offering Space has become Available (defined below)Expansion Space, but before leasing such Potential Offering Space to a third partyTenant shall have only one Expansion Option hereunder, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering only one Expansion Space. Notwithstanding the foregoing, Tenant may lease any Offering Space in its entirety onlyshall have no such Expansion Option if, under at the terms set forth in time of option exercise or at the Advice, by delivering written notice of exercise Commencement Date with respect to Landlord (the “Notice of Exercise”) within ten (10) days after the date of the Advice.Expansion Space:
Appears in 2 contracts
Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)
Grant of Option; Conditions. A. Subject On the conditions set forth below, which conditions Landlord may waive, at its election, by written notice to the terms of this Section 9.4. Tenant at any time, Tenant shall have a one-time the ongoing right of first offer refusal (the “Additional Right of First OfferRefusal”) with respect to each all or any portion of the following suites third (and with respect to each portion of each such suite3rd) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 on the sixth floor of the Building shown (the “Refusal Space”) for the period from the Execution Date hereof through the date Landlord first executes a lease for the Refusal Space in question with Tenant or another party. (In other words, the Refusal Space is currently vacant, and Xxxxxx’s Right of First Refusal with respect to any portion of the Refusal Space shall end on the demising plan attached hereto as Exhibit E-1date Landlord first enters into a lease for such portion, a (iiwhether such lease is with Tenant or with another party.) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. Tenant’s Right of First Offer Refusal shall be exercised as follows: At any time after Landlord has determined that When Active Negotiations, as hereinafter defined, have occurred with respect to all or a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third partyportion of the Refusal Space, Landlord shall provide advise Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease of such Potential Offering Space Active Negotiations (an “Offering Space”) to Tenant for with the remainder of the Extended Term and the Second Extended TermPro Rata Modifications, which terms shall reflect the Prevailing Market (as hereinafter defined) rate for such Offering Space (provided, however, that if the Active Negotiations are in effect because of the exchange of 4 bona fide written proposals, as reasonably determined by Landlord. For purposes hereofset forth below, a Potential Offering Space then the Advice shall be deemed to become “Available” as follows: (ibased upon the terms of Landlord’s last proposal, with the Pro Rata Modifications) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety onlythe Refusal Space, under the terms set forth in the Advicesuch terms, by delivering providing Landlord with written notice of exercise to Landlord (the “Notice of Exercise”) within ten five (105) business days after the date of the Advice.. As used herein, “Active Negotiations” means that Landlord has entered into negotiations with a third party tenant (a “Prospect”) for such portion of the Refusal Space, which negotiations have progressed to the earlier to occur of (i) an exchange of four (4) bona fide written proposals between Landlord and the Prospect, or (ii) a signed letter of intent between Landlord and the Prospect. Notwithstanding the foregoing, Tenant shall have no such Right of First Refusal and Landlord need not provide Tenant with an Advice if:
Appears in 2 contracts
Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 5, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 2,732 rentable square feet known as Suite No. 600 405 on the sixth fourth floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-1, a H and (ii) the 1,682 4,347 rentable square feet known as Suite No. 605 420 on the sixth fourth floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. I. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advice, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) 10 days after the date Tenant’s receipt of the Advice.
Appears in 2 contracts
Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 3, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suitesuites) (each such suite or portion thereof, a “Potential Offering Space”): (i1) the 3,211 8,820 rentable square feet known as Suite No. 600 145 on the sixth first floor of the Building shown on the demising plan attached hereto as Exhibit E-1, a and (ii2) the 1,682 8,110 rentable square feet known as Suite No. 605 100 on the sixth first floor of the Building Building, each of which is shown on the demising plan attached hereto to the Lease as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. G. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 3, shall provide Tenant with a written notice (the for purposes of this Section 3, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 3.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 3, a “Notice of Exercise”) within ten five (105) days after the date of receiving the Advice.
Appears in 1 contract
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 6, Tenant shall have a one-time right of first offer refusal (“Additional Right of First OfferRefusal”) with respect to each of the following suites suite (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Refusal Space”): (i) the 3,211 5,990 rentable square feet known as Suite No. 600 125 on the sixth ground floor of the Building shown on the demising plan attached hereto to this Lease as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3F-2. Tenant’s Right of First Offer Refusal shall be exercised as follows: At any time after If Landlord has determined that a prospective tenant (“Prospective Tenant”) interested in leasing a Potential Offering Space has become Available (defined below)Refusal Space, but then, subject to the terms of this Section 6, Landlord, before leasing such Potential Offering Refusal Space to such Prospective Tenant, and after entering into a third partynon-binding letter of intent or similar written agreement with such Prospective Tenant on the material economic terms for the leasing of such Potential Refusal Space, Landlord shall provide Tenant with written a notice (the for purposes of this Section 6, an “Advice”) advising Tenant of the terms under which that Landlord is prepared to lease such Potential Offering Refusal Space (an sometimes referred to herein as a “Offering Refusal Space”) to Tenant Tenant. If the Advice is delivered within 18 months after the Commencement Date, the Advice shall state the proposed Delivery Date for the remainder of Refusal Space. If the Extended Term and Advice is delivered more than 18 months after the Second Extended TermCommencement Date, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: then (i) if such Potential Offering the Advice shall state the material economic terms on which Landlord is prepared to lease the Refusal Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering SpaceProspective Tenant; and (ii) if such Potential Offering Space is under lease to a third party the term for the Refusal Space, as set forth in the Advice, extends beyond the expiration date for the balance of the date Premises, then the Advice, at Landlord’s option, may state that if Tenant exercises its Right of mutual execution and delivery First Refusal based on the Advice, the term for the balance of this Amendment, such Potential Offering Space the Premises shall be deemed extended to become Available when Landlord has determined that be coterminous with the third-party tenant of such Potential Offering term for the Refusal Space, and any occupant of such Potential Offering Space claiming under such third-party tenantas provided in Section 6.2.B.5 below). Upon receiving an Advice, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space the Refusal Space, in its entirety only, under the terms set forth in the Advice, by delivering written to Landlord a notice of exercise to Landlord (the for purposes of this Section 6.1.A, a “Notice of Exercise”) within ten five (105) days after the date of receiving the Advice. If the Advice is delivered more than 18 months after the Commencement Date, the Notice of Exercise shall satisfy any applicable requirements of Section 6.2.B.5 below.
Appears in 1 contract
Samples: Confidential Treatment (Navidea Biopharmaceuticals, Inc.)
Grant of Option; Conditions. A. Subject to If at any time during the terms of this Section 9.4. Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite Floor Expansion Term any lease for Suites 100, 105, or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 145 on the sixth first (1st) floor of the Building shown on the demising plan attached hereto as Exhibit E-1B (the “Refusal Space”) shall expire and if Landlord intends to enter into a lease for such Refusal Space (“Proposed Lease”) with any party other than the tenant then occupying the Refusal Space, a (ii) then Landlord shall first offer to Tenant the 1,682 rentable square feet known right to lease the Refusal Space as Suite No. 605 on the sixth floor part of the Building shown on Premises upon the demising plan attached hereto as Exhibit E-2, terms and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor conditions of the Building shown on Proposed Lease (the demising plan attached hereto as Exhibit E-3“Right of First Refusal”). Each refusal right of the Refusal Space, whether 100, 105, or 145 shall be independent of each other right to a portion of the Refusal Space. Tenant’s Right of First Offer Refusal is an ongoing right effective during the Extension Term and shall be exercised as follows: At any time after when Landlord has determined that entered into a Potential Offering written agreement with a prospective tenant, other than the tenant then occupying the Refusal Space has become Available (defined below), but before the “Prospect”) interested in leasing such Potential Offering Space to a third partythe Refusal Space, Landlord shall provide advise Tenant with written notice (the “Advice”) advising Tenant of the terms and conditions under which Landlord is prepared to lease the Refusal Space to such Potential Offering Space Prospect. The Advice shall include any and all other space in the Building (an “Offering Space”) to Tenant which, for the remainder purposes of the Extended Term and the Second Extended Termsuch Advice, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as be part of the date of mutual execution and delivery of this Amendment, Refusal Space) that such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be Prospect is interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Spaceleasing, and any occupant Tenant must exercise this Right of First Refusal, if at all, by accepting all such Potential Offering Space claiming under such third-party tenant, will not extend or renew space in the term of its lease, or enter into a new lease, for such Potential Offering SpaceBuilding identified in the Advice. Tenant may lease any Offering the Refusal Space in its entirety only, under the such terms set forth in the Advice, by delivering providing Landlord with written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) 5 business days after the date of the Advice.. Tenant shall be deemed to have declined to exercise this Right of First Refusal if its Notice of Exercise is delayed or if the Notice of Exercise changes any term or condition of the Advice. Notwithstanding the foregoing, Tenant shall have no such Right of First Refusal and Landlord need not provide Tenant with an Advice if:
Appears in 1 contract
Samples: Lease (Redwood Trust Inc)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 5, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 6,741 rentable square feet known as Suite No. 600 200 on the sixth second floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-1, a F-2; (ii) the 1,682 5,092 rentable square feet known as Suite No. 605 220 on the sixth second floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-2, and F-3; (iii) the 1,113 5,333 rentable square feet known as Suite No. 610 230 on the sixth second floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-3F-4; and (iv) the 19,430 rentable square feet known as Suite 250 on the second floor of the Building shown on the demising plan attached to the Lease as Exhibit F-5. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 5, shall provide Tenant with a written notice (the for purposes of this Section 5, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 5.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of of, or at any time after, the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Upon receiving an Exhibit F Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 5, a “Notice of Exercise”) within ten five (105) days after the date of receiving the Advice.
Appears in 1 contract
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a one-time an ongoing right of first offer (the “Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 any space on the sixth 1st floor of the Building as shown on the demising plan attached hereto as Exhibit E-1A-3 (the “Option Space”, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor provided that any portion of the Building shown on Option Space which is the demising plan attached hereto subject to an Advice, as Exhibit E-2herein defined, and (iii) the 1,113 rentable square feet known shall be referred to herein as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3an “Offering Space”). Tenant’s Right of First Offer shall be exercised as follows: At if during the Term Landlord determines (in Landlord’s reasonable judgment) that any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space is available to lease to a third partyparty other than (i) the existing tenant or occupant of the Offering Space, or (ii) any person or entity then having any preexisting rights to such Offering Space which predate the date of this Lease, then Landlord shall provide advise Tenant with written notice (the “Advice”) advising Tenant of the economic and other terms and conditions under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any such Offering Space in its entirety only, under the terms set forth in the Advicesuch terms, (i) by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) 5 days after the date of the Advice., and (ii) by representing and warranting to Landlord in the Notice of Exercise that the Offering Space is for the exclusive use of Tenant during the Term. In the event Tenant desires to exercise its Right of First Offer, but Tenant disagrees with Landlord’s determination of the Prevailing Market rate for the Offering Space, Tenant shall have the right to provide Landlord with a Notice of Exercise meeting the requirements set forth above within the time period specified above, but such Notice of Exercise shall also (a) indicate Tenant’s disagreement with Landlord’s determination of the Prevailing Market rate for the Offering Space, (b) set forth Tenant’s determination of the Prevailing Market rate for the Offering Space, and (c) indicate Tenant’s election to have the Prevailing Market rate determined in accordance with the provisions of Section 5.06 below. In any event, Tenant’s delivery of a Notice of Exercise shall be deemed to be the irrevocable exercise by Tenant of its Right of First Offer subject to and in accordance with the provisions of this Section 5. Notwithstanding the foregoing, Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice, if:
Appears in 1 contract
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 7, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites suite (and with respect to each portion of each such suite) (each such suite suit or portion thereof, a “Potential Offering Space”): (i) ); the 3,211 35,405 rentable square feet known as Suite No. 600 200 on the sixth 2nd floor of the Building shown on the demising plan attached hereto to this Lease as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3F-2. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 7, shall provide Tenant with a written notice (the for purposes of this Section 7, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 7.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has located received from a prospective tenant that may be interested in leasing a written proposal to lease such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of of, or at any time after, the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space; and (iii) if, after such Potential Offering Space becomes Available, Landlord becomes entitled to lease such Potential Offering Space to a third party pursuant to Section 7.1.B or 7.1.C below but fails to do so within 180 days, then such Potential Offering Space shall be deemed to become Available again at the expiration of such 180-day period. If the term for the Offering Space, as set forth in the Advice, extends beyond the expiration date for the balance of the Premises, Landlord, at its option, may state in the Advice that if Tenant exercises its Right of First Offer based on the Advice, the term for the balance of the Premises shall be extended to be coterminous with the term for the Offering Space, as provided in Section 7.2.E below). Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord satisfying any applicable requirements of Section 7.2.E below (the for purposes of this Section 7, a “Notice of Exercise”) within ten (10) 10 days after the date of receiving the Advice.
Appears in 1 contract
Samples: Office Lease (Rocket Fuel Inc.)
Grant of Option; Conditions. A. Subject At any time during the period commencing on December 1, 2005 and expiring on November 30, 2007 (but if Tenant has previously delivered any such notice, then not sooner than 90 days after such prior delivery), Tenant may deliver to Landlord written notice (an “Offering Space Notice”) stating that Tenant is interested in leasing a Potential Offering Space (defined below) having an approximate rentable square footage (the terms “Desired Square Footage”) specified (as a single number, and not as a range) by Tenant in such notice. As used herein, “Potential Offering Space” means any contiguous space that is located on one or more of this Section 9.4the 22nd through the 47th floors of the Building and is not included in the Premises. Upon its valid delivery of an Offering Space Notice, Tenant shall have a one-time right of first offer (“Additional the Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): , if any, that (ia) the 3,211 has a rentable square feet known as Suite No. 600 on the sixth floor footage which is neither less than 80% nor greater than 120% of the Building shown on the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2Desired Square Footage, and (iiib) Landlord, as of the 1,113 rentable square feet known as Suite No. 610 date Landlord receives such Offering Space Notice, determines in good faith is, or will become, Available (defined below) during the 90-day period commencing on the sixth floor of date Landlord receives such Offering Space Notice (the Building shown on the demising plan attached hereto as Exhibit E-3. Tenant’s “Offer Period”), which Right of First Offer shall be exercised as follows: At any time within 5 Business Days after Landlord has determined that a Potential receives such Offering Space has become Available (defined below)Notice, but before and prior to leasing any such Potential Offering Space to a third any other party, Landlord shall provide Tenant with written notice as to whether any such Potential Offering Spaces exist. If such notice states that one or more such Potential Offering Spaces exist, then, except as provided below, Landlord, on the date it gives such notice, shall also advise Tenant (the an “Advice”) advising Tenant of the terms under which Landlord is prepared to lease each such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Lease Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereofof this Section 10.07, a Potential Offering Space shall be deemed to become “Available” as follows: (i) during an Offer Period, if at all, on the date, if any, in such Offer Period on which no third party has a right to occupy such Potential Offering Space is not under pursuant to any lease to a third party or other agreement, but only if, as of the date first day of mutual execution and delivery of this Amendmentsuch Offer Period, such Potential Offering Space shall be deemed to become Available when Landlord has located a no prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendmentincluding, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party without limitation, any tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for ) is interested in leasing such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advicesuch terms, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) days 5 Business Days after the date of the Advice., except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with an Advice with respect to any Potential Offering Space, if:
Appears in 1 contract
Samples: First Amendment (Zillow Inc)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a one-time an ongoing and continuous right of first offer refusal (the “Additional Right of First OfferRefusal”) with respect to each all of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 office space on the sixth floor 15th and 17th floors of the Building shown on (the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3"Refusal Space"). Tenant’s Right of First Offer Refusal shall be exercised as follows: At any time when Landlord is prepared to accept an offer (an “Acceptable Offer”) from a prospective tenant, other than the then-existing future tenant in the Refusal Space that is leasing such Refusal Space (after Landlord has determined that a Potential Offering Tenant previously declined to give Notice of Exercise for such Refusal Space has become Available (defined belowfollowing Landlord’s delivery of an Advice in connection with such future tenant’s initial occupancy of the Refusal Space), but before interested in leasing such Potential Offering the Refusal Space to a third party(the “Prospect”), Landlord shall provide advise Tenant with written notice (the “"Advice”") advising Tenant of the terms of the Acceptable Offer under which Landlord is prepared to lease the Refusal Space to such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term Prospect and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety onlythe Refusal Space, under the terms set forth in the Advicesuch terms, by delivering providing Landlord with an irrevocable written notice of exercise to Landlord (the “"Notice of Exercise”") within ten (10) 10 business days after the date of the Advice., except that Tenant shall have no such Right of First Refusal and Landlord need not provide Tenant with an Advice if: a. Tenant is in economic or material non-economic Default under the Lease beyond any applicable cure periods at the time that Landlord would otherwise deliver the Advice; or b. the Premises, or any portion thereof, is sublet except to an Affiliate at the time Landlord would otherwise deliver the Advice; or c. the Lease has been assigned, except in case of a Permitted Transfer, prior to the date Landlord would otherwise deliver the Advice; or Exhibit 10.26
Appears in 1 contract
Samples: Lease (CrowdStrike Holdings, Inc.)
Grant of Option; Conditions. A. 1. Subject to the terms of this Section 9.4. 6, Tenant shall have a one-time right of first offer (for purposes of this Section 6, “Additional Right of First Offer”) with respect to each of the following suites suite (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 3,915 rentable square feet known as Suite No. 600 510 on the sixth fifth floor of the Building shown on the demising plan attached hereto to the Amendment as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. TenantB.Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 6, shall provide Tenant with a written notice (the for purposes of this Section 6, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 6.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed bedeemed to become Available becomeAvailable when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space OfferingSpace shall be deemed to deemedto become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 6, a “Notice of Exercise”) within ten (10) 10 business days after the date of receiving the Advice.
Appears in 1 contract
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a one-time an ongoing right of first offer (the “Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 8,691 rentable square feet known as Suite No. 600 on the sixth 14th floor of the Building (“Offering Space 1”) and the 5,197 rentable square feet of space on the 14th floor of the Building (“Offering Space 2”), each as shown on the demising plan attached hereto as Exhibit E-1, a (ii) A-3 subject to the 1,682 rentable square feet known following terms and conditions. Offering Space 1 and Offering Space 2 are each referred to herein as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3an “Offering Space”. Tenant’s Right of First Offer shall be exercised as follows: At any time after if during the Term Landlord has determined determines (in Landlord’s sole judgment) that all or a Potential portion of an applicable Offering Space has become Available (defined below), but before leasing such Potential Offering Space is available to lease to a third partyparty other than (i) the existing tenant or occupant of such Offering Space, or (ii) any person or entity then having any preexisting rights to such Offering Space, then Landlord shall provide advise Tenant with written notice (the “Advice”) advising Tenant of the economic and other terms and conditions under which Landlord is prepared to lease such Potential the applicable Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter definedas defined in Section 3 of this Exhibit F) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any such Offering Space in its entirety only, under the terms set forth in the Advicesuch terms, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) days 10 Business Days after the date of the Advice., which Notice of Exercise shall include a representation and warranty from Tenant to Landlord that the applicable Offering Space is intended for the exclusive use of Tenant during the Term. In the event Tenant desires to exercise its Right of First Offer, but Tenant disagrees with Landlord’s determination of the Prevailing Market rate for the applicable Offering Space, Tenant shall have the right to provide Landlord with a Notice of Exercise meeting the requirements set forth above within the time period specified above, but such Notice of Exercise shall also (a) indicate Tenant’s disagreement with Landlord’s determination of the Prevailing Market rate for the applicable Offering Space, (b) set forth Tenant’s determination of the Prevailing Market rate for the applicable Offering Space, and
Appears in 1 contract
Samples: Office Lease Agreement (Rapid7 Inc)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 4, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 18,817 rentable square feet known as Suite No. 600 200 on the sixth second floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-1H-1, a and (ii) the 1,682 17,205 rentable square feet known as Suite No. 605 250 on the sixth second floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3H-2. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 4, shall provide Tenant with a written notice (the for purposes of this Section 4, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 4.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of (or at any time after), the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 4, a “Notice of Exercise”) within ten (10) 10 days after the date of receiving the Advice.
Appears in 1 contract
Samples: Office Lease (Qualys, Inc.)
Grant of Option; Conditions. A. Subject If any lease for any portion of the Expansion Space (referred to in this Section 6 as the “Refusal Space”) shall expire and if Landlord intends to enter into a lease for the Expansion Space (“Proposed Lease”) with any party other than the tenant then occupying the Expansion Space prior to the terms end of this Section 9.4. Tenant the Term then Landlord shall have a one-time right of first offer to Tenant the right to lease the Refusal Space (as defined below) as part of the Premises upon the terms and conditions of the Proposed Lease (the “Additional Right of First OfferRefusal”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3). Tenant’s Right of First Offer Refusal is on-going right during the Initial Term and shall be exercised as follows: At any time after when Landlord has determined that received a Potential Offering bona fide written offer for the Refusal Space has become Available from a prospective tenant, other than the tenant then occupying the Refusal Space (defined below), but before the “Prospect”) interested in leasing such Potential Offering Space to a third partythe Refusal Space, Landlord shall provide shall, after offering the space to any other parties with superior rights to such space as specified in this Lease, advise Tenant with written notice (the “Advice”) advising Tenant of the terms and conditions under which Landlord is prepared to lease the Refusal Space to such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermProspect, which terms and conditions shall be adjusted to reflect the Prevailing Market remaining Term of the Lease (hereinafter defined) rate including any then-exercised Renewal Option). The Advice shall include any and all other space in the Building (which, for purposes of such Offering Space as reasonably determined by Landlord. For purposes hereofAdvice, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as be part of the date of mutual execution and delivery of this Amendment, Refusal Space) that such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be Prospect is interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Spaceleasing, and any occupant Tenant must exercise this Right of First Refusal, if at all, by accepting all such Potential Offering Space claiming under such third-party tenant, will not extend or renew space in the term of its lease, or enter into a new lease, for such Potential Offering Building identified in the Advice (the “Refusal Space”). Tenant may lease any Offering the Refusal Space in its entirety onlyunder such terms, under the terms set forth in the Advicesubject to Section 6.2(c) below, by delivering providing Landlord with written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) 5 business days after the date of the Advice.. Tenant shall be deemed to have declined to exercise this Right of First Refusal if its Notice of Exercise is delayed or if the Notice of Exercise changes any term or condition of the Advice. Notwithstanding the foregoing, Tenant shall have no such Right of First Refusal and Landlord need not provide Tenant with an Advice if:
Appears in 1 contract
Samples: Lease Agreement (Redwood Trust Inc)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a one-time an ongoing right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 6,263 rentable square feet known as Suite No. 600 120 on the sixth 1st floor of the Building shown on the demising plan attached hereto to this Amendment as Exhibit E-1D (“Suite 120”), a and (ii) the 1,682 5,762 rentable square feet known referred to herein as the Reduction Space, which shall be designated as Suite No. 605 100, on the sixth 1st floor of the Building shown on the demising plan attached hereto to this Amendment as Exhibit E-2, and D (iii) the 1,113 rentable square feet known as “Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3100”). Tenant’s Right of First Offer shall be exercised as follows: At at any time after Landlord has determined that a any Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) except for Suite 100, if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this the Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this the Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space; and (iii) with respect to Suite 100 (or any portion thereof) only, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the first third-party tenant of such Potential Offering Space to lease such Potential Offering Space following the Reduction Effective Date, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advice, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) days after the date of the Advice., except that Tenant shall have no Right of First Offer and Landlord shall not be required to provide Tenant with an Advice with respect to any Potential Offering Space, if:
Appears in 1 contract
Samples: Second Amendment (GigOptix, Inc.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 9, Tenant shall have a one-time an ongoing right of first offer (“Additional Right of First Offer”) with respect to each of the following suites suite (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 23,245 rentable square feet known as Suite No. 600 450 on the sixth 4th floor of the Building shown on the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3F-3. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of of, or at any time after, the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advice, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten five (105) business days after the date of the Advice.
Appears in 1 contract
Samples: Office Lease (Model N, Inc.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 8, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 27,475 rentable square feet known as Suite No. 600 500 on the sixth 5th floor of the Building shown on the demising plan attached hereto as Exhibit E-1C, a and (ii) the 1,682 14,278 rentable square feet known as Suite No. 605 400 on the sixth 4th floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. C. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 8, shall provide Tenant with a written notice (the for purposes of this Section 8, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 8.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 8, a “Notice of Exercise”) within ten five (105) days after the date of receiving the Advice.
Appears in 1 contract
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 5, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites suite (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 27,475 rentable square feet known as Suite No. 600 500 on the sixth fifth floor of the Building shown on the demising plan attached hereto to the Lease as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3. I. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 5, shall provide Tenant with a written notice (the for purposes of this Section 5, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 5.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of the date of mutual execution and delivery of this AmendmentLease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 5, a “Notice of Exercise”) within ten five (105) days after the date of receiving the Advice.
Appears in 1 contract
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a onean on-time going right of first offer (“Additional Right of First Offer”) with respect to each of the following suites space that is contiguous to the Suite 500 Expansion Space (and with respect to each portion of each such suite) (each such suite or portion thereof, a the “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 on the sixth 5th floor of the Building shown on the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3Building. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall provide Tenant with written notice (the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market Rental Rate (hereinafter defineddefined in Section C of Rider No. 1 to the Lease) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendmentthe Lease, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering Space in its entirety only, under the terms set forth in the Advice, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten (10) 7 business days after the date of the Advice., except that Tenant shall have no Right of First Offer, and Landlord shall not be required to provide Tenant with an Advice, with respect to any Potential Offering Space, if:
Appears in 1 contract
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 7, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 9,244 rentable square feet known as Suite No. 600 450 on the sixth 4th floor of the Building shown on the demising plan attached hereto to this Third Amendment as Exhibit E-1, a B-1 (ii) the 1,682 12,611 rentable square feet known as Suite No. 605 400 on the sixth 4th floor of the Building shown on the demising plan attached hereto to this Third Amendment as Exhibit E-2B-1, and (iii) the 1,113 3,668 rentable square feet known as Suite No. 610 410 on the sixth 4th floor of the Building shown on the demising plan attached hereto to this Third Amendment as Exhibit E-3B-1, and (iv) the 45,284 rentable square feet known as Suite Nos. 600 and 700 on the 6th and 7th floors of the Building shown on the demising plan attached to this Third Amendment as Exhibit B-2. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 7, shall provide Tenant with a written notice (the for purposes of this Section 7, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 7.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this Third Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of the date of mutual execution and delivery of this Third Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will (1) with respect to Suites 450, 400 and 410, not exercise any existing rights to extend or renew the term of its lease that are memorialized in such tenant’s existing lease document as of the date of mutual execution and delivery of this Third Amendment, and (2) with respect to Suites 600 and 700, not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering SpaceSpace whether or not such extension or renewal is pursuant to the formal exercise of an existing right to extend or renew. Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 7, a “Notice of Exercise”) within ten five (105) days after the date of receiving the Advice.
Appears in 1 contract
Samples: Office Lease (Nutanix, Inc.)
Grant of Option; Conditions. A. Subject Commencing upon the execution of this Lease and continuing until the first (1st) anniversary of the Commencement Date (the “ROFO Period”), subject to the terms of this Section 9.4Rider No. 4 and Rider No. 3 entitled “Options in General”, Tenant shall have a the one-time right of first offer (the “Additional Right of First Offer”) with respect to each of any space contiguous to the following suites (Premises and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 located on the sixth tenth (10th) floor of the Building shown on (the demising plan attached hereto “ROFO Space”); provided, however, ROFO Space shall not include any premises which is vacant as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor date of the Building shown on the demising plan attached hereto as Exhibit E-3this Lease. Tenant’s Right of First Offer shall be exercised as follows: At at any time during the ROFO Period, but after Landlord has determined that a Potential Offering the existing tenant in any ROFO Space has become Available will not extend or renew the term of its lease for such ROFO Space (defined below), but before prior to leasing such Potential Offering ROFO Space to a third partyparty other than the existing tenant), Landlord shall provide Tenant with deliver written notice to Tenant (the “AdviceROFO Notice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering the ROFO Space (an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering ROFO Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Tenant may lease any Offering such ROFO Space in its entirety only, under the terms set forth in the Advicesuch terms, by delivering written notice of exercise to Landlord (the “Notice of Exercise”) within ten five (105) business days after the date of the Advice.ROFO Notice, except that Tenant shall have no such Right of First Offer and Landlord need not provide Tenant with a ROFO Notice, if:
Appears in 1 contract
Samples: Lease (Everbridge, Inc.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 10, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to the entirety (and each portion) of the following suites rentable area on the fourth (and with respect to each portion 4th) floor of each the Building (such suite) (each such suite area or portion thereof, ; a “Potential Offering Space”): (i) the 3,211 rentable square feet known as Suite No. 600 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-1, a (ii) the 1,682 rentable square feet known as Suite No. 605 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-2, and (iii) the 1,113 rentable square feet known as Suite No. 610 on the sixth floor of the Building shown on the demising plan attached hereto as Exhibit E-3). Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 10 shall provide Tenant with a written notice (the for purposes of this Section 10, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 10.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party tenant as of of, or at any time after, the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its lease, or enter into a new lease, for such Potential Offering Space. Upon receiving an Advice, Tenant may lease any the Offering Space Space, in its entirety only, under on the terms set forth in the Advice, by delivering to Landlord a written notice (for purposes of exercise to Landlord (the this Section 10, a “Notice of Exercise”) within ten seven (107) business days after the date of receiving the Advice.
Appears in 1 contract
Samples: Second Amendment (GP Investments Acquisition Corp.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. 7, Tenant shall have a one-time right of first offer (“Additional Right of First Offer”) with respect to each of the following suites (and with respect to each portion of each such suite) (each such suite or portion thereof, a “Potential Offering Space”): (i) the 3,211 6,927 rentable square feet known as Suite No. 600 110 on the sixth 1st floor of the Building shown on the demising plan attached hereto to this Fifth Amendment as Exhibit E-1, a B-1 (ii) the 1,682 8,475 rentable square feet known as Suite No. 605 210 on the sixth 2nd floor of the Building shown on the demising plan attached hereto to this Fifth Amendment as Exhibit E-2B-2, and (iii) the 1,113 6,413 rentable square feet known as Suite No. 610 460 on the sixth 4th floor of the Building shown on the demising plan attached hereto to this Fifth Amendment as Exhibit E-3B-3. Tenant’s Right of First Offer shall be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord Landlord, subject to the terms of this Section 7, shall provide Tenant with a written notice (the for purposes of this Section 7, an “Advice”) advising Tenant of the material terms under on which Landlord is prepared to lease such Potential Offering Space (sometimes referred to herein as an “Offering Space”) to Tenant for the remainder of the Extended Term and the Second Extended TermTenant, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlordbe consistent with Section 7.2 below. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease leased to a third party as of the date of mutual execution and delivery of this Fifth Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease leased to a third party as of the date of mutual execution and delivery of this Fifth Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the such third-party tenant of such Potential Offering Spacetenant, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not exercise any existing rights to extend or renew the term of its leaselease that are memorialized in such tenant’s existing lease document as of the date of mutual execution and delivery of this Fifth Amendment. Upon receiving an Advice, or enter into a new lease, for such Potential Offering Space. Tenant may lease any the Offering Space Space, in its entirety only, under the terms set forth in the Advice, by delivering to Landlord a written notice of exercise to Landlord (the for purposes of this Section 7, a “Notice of Exercise”) within ten five (105) days after the date of receiving the Advice.
Appears in 1 contract
Samples: Office Lease (Nutanix, Inc.)
Grant of Option; Conditions. A. Subject to the terms of this Section 9.4. Tenant shall have a one-the one time right of first offer (the “Additional Right of First Offer”) with respect to each the balance of the following suites presently available space on the second (and with respect to each portion 2nd) floor of each such suite) the Building, consisting of approximately 12,898 rentable square feet (each such suite or portion thereof, a the “Potential Offering First Offer Space”): ). Landlord shall notify Tenant (the “First Offer Notice”) from time to time if Landlord makes or receives a written offer to lease any of the First Offer Space from a third party or a written request for a proposal for the lease of any of the First Offer Space from a third party. The First Offer Notice shall describe the space so offered to Tenant and shall set forth Landlord’s proposed material economic terms and conditions applicable to Tenant’s lease of such space (collectively, the “Economic Terms”), including the proposed term of lease and the proposed rent payable for the First Offer Space. In the event the commencement of Tenant’s lease of First Offer Space occurs on or before December 31, 2011, (i) the 3,211 rentable square feet known as Suite No. 600 on the sixth floor term of the Building shown on lease shall be concurrent with the demising plan attached hereto as Exhibit E-1original Premises, a (ii) the 1,682 Base Rent for the First Offer Space shall be at the Base Rent per rentable square feet known foot that is then payable for the Premises as Suite No. 605 on the sixth floor set forth in Item 5 of the Building shown on Basic Lease Provisions of this Lease, subject to abatement of Base Rent for any portion of the demising plan attached hereto as Exhibit E-2term of the First Offer Space occurring during the Abatement Period, and (iii) Tenant shall be entitled to a one-time tenant refurbishment allowance in an amount adequate to refurbish the 1,113 rentable square feet known as Suite NoFirst Offer Space in a manner equivalent in lay-out and finish to the Premises. 610 In the event the commencement of Tenant’s lease of such First Offer Space occurs on or after January 1, 2012, the sixth floor Economic Terms shall be equal to those then being offered (not quoted) by Landlord for the leasing of comparable space in the Building shown on pro rated for the demising plan attached hereto as Exhibit E-3. Tenant’s Right then remaining term of this Lease, but in no event shall the Base Rent for such First Offer shall Space be exercised as follows: At any time after Landlord has determined that a Potential Offering Space has become Available (defined below), but before leasing such Potential Offering Space to a third party, Landlord shall provide Tenant with written notice (less than the “Advice”) advising Tenant of the terms under which Landlord is prepared to lease such Potential Offering Space (an “Offering Space”) to Tenant then current monthly Base Rent plus Additional Operating Expenses for the remainder of the Extended Term Premises under this Lease calculated on a square foot basis and the Second Extended Term, which terms shall reflect the Prevailing Market (hereinafter defined) rate for such Offering Space as reasonably determined by Landlord. For purposes hereof, a Potential Offering Space shall be deemed to become “Available” as follows: (i) if such Potential Offering Space is not under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has located a prospective tenant that may be interested in leasing such Potential Offering Space; and (ii) if such Potential Offering Space is under lease to a third party as of the date of mutual execution and delivery of this Amendment, such Potential Offering Space shall be deemed to become Available when Landlord has determined that the third-party tenant of such Potential Offering Space, and any occupant of such Potential Offering Space claiming under such third-party tenant, will not extend or renew the term of its leasethe lease for the First Offer Space shall expire concurrently with the Term for the original Premises. However, or enter into a new leasesuch Base Rent may be subject to abatement as the parties may agree. Notwithstanding the foregoing, for such Potential Offering Space. Landlord’s obligation to deliver the First Offer Notice shall not apply during the last seven (7) months of the Initial Term unless Tenant may lease any Offering Space in its entirety only, under has timely delivered the terms set forth in the Advice, by delivering written notice of exercise Extension Notice to Landlord (pursuant to the “Notice of Exercise”) within ten (10) days after the date of the AdviceLease.
Appears in 1 contract