Common use of Notice of Availability and Tenant's Exercise of Option Clause in Contracts

Notice of Availability and Tenant's Exercise of Option. A. In the event that the Additional Space shall become or about to become available for leasing in accordance with the provisions of Section 40.01, Owner shall give notice thereof to Tenant (any such notice is referred to as an “Owner’s Availability Notice”), which Owner’s Availability Notice shall contain the date such Additional Space is expected to be vacant or available for leasing and which Owner’s Availability Notice shall be accompanied by a floor plan of the Additional Space unless it is a full floor. Owner’s Availability Notice may be given not more than twenty-four (24) months prior to the date set forth in such Owner’s Availability Notice upon which such Additional Space is expected to become vacant and available for leasing (the date set forth in Owner’s Availability Notice on which such Additional Space is expected to become available for leasing is sometimes referred to as an “Expected Vacancy Date”). Upon Owner giving Tenant an Owner’s Availability Notice, Tenant may exercise Tenant’s First Offer Right only by notice given to Owner within ten (10) days next following the date of the giving of such Owner’s Availability Notice, and by giving such notice Tenant shall thereby lease and add such Additional Space to the Demised Premises for a term to begin, subject to Section 40.03, on the Expected Vacancy Date; any notice given by Tenant to Owner exercising such Tenant’s First Offer Right is referred to as “Tenant’s First Offer Notice”.

Appears in 1 contract

Samples: 3PAR Inc.

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Notice of Availability and Tenant's Exercise of Option. A. In the event that the Additional Space shall become or about to become available for leasing in accordance with the provisions of Section 40.01, Owner shall give notice thereof to Tenant (any such notice is referred to as an "Owner’s 's Availability Notice"), which Owner’s 's Availability Notice shall contain the date such the Additional Space is expected to be vacant or available for leasing and which Owner’s Availability Notice shall be accompanied by a floor plan of the Additional Space unless it is a full floor. Owner’s 's Availability Notice may be given not more than twenty-four eighteen (2418) months prior to the date set forth in such Owner’s Availability Notice upon which such the Additional Space is expected to become vacant and available for leasing (the date set forth in Owner’s 's Availability Notice on which such the Additional Space is expected to become available for leasing is sometimes referred to as an "Expected Vacancy Date"). Upon Owner giving Tenant an Owner’s 's Availability Notice, Tenant may exercise Tenant’s 's First Offer Right only by notice given to Owner within ten (10) business days next following the date of the giving of such Owner’s 's Availability Notice, and by giving such notice Tenant shall thereby lease and add such the Additional Space to the Demised Premises for a term to begin, subject to Section 40.03, on the Expected Vacancy Date; any notice given by Tenant to Owner exercising such Tenant’s 's First Offer Right is referred to as "Tenant’s 's First Offer Notice".

Appears in 1 contract

Samples: Agreement of Lease (Langer Inc)

Notice of Availability and Tenant's Exercise of Option. A. In X.Xx the event that the Additional Space shall become or about to become available for leasing in accordance with the provisions of Section 40.01, Owner shall give notice thereof to Tenant (any such notice is referred to as an “Owner’s Availability Notice”), which Owner’s Availability Notice shall contain the date such Additional Space is expected to be vacant or available for leasing and which Owner’s Availability Notice shall be accompanied by a floor plan of the Additional Space unless it is a full floor. Owner’s Availability Notice may be given not more than twenty-four eighteen (2418) and no less than two (2) months prior to the date set forth in such Owner’s Availability Notice upon which such Additional Space is expected to become vacant and available for leasing (the date set forth in Owner’s Availability Notice on which such Additional Space is expected to become available for leasing is sometimes referred to as an “Expected Vacancy Date”). Upon Owner giving Tenant an Owner’s Availability Notice, Tenant may exercise Tenant’s First Offer Right only by notice given to Owner within ten fifteen (1015) days next following the date of the giving of such Owner’s Availability Notice, and by giving such notice Tenant shall thereby lease and add such Additional Space to the Demised Premises for a term to begin, subject to Section 40.03, on the Expected Vacancy Date; any notice given by Tenant to Owner exercising such Tenant’s First Offer Right is referred to as “Tenant’s First Offer Notice”.. 

Appears in 1 contract

Samples: Agreement of Lease (Bankrate, Inc.)

Notice of Availability and Tenant's Exercise of Option. A. In the event that the Additional Space shall become or about to become available for leasing in accordance with the provisions of Section 40.01, Owner shall give notice thereof to Tenant (any such notice is referred to as an "Owner’s 's Availability Notice"), which Owner’s 's Availability Notice shall contain the date such Additional Space is expected to be vacant or available for leasing and which Owner’s Availability Notice shall be accompanied by a floor plan of the Additional Space unless it is a full floor. Owner’s 's Availability Notice may be given not more than twenty-four (24) months prior to the date set forth in such Owner’s Availability Notice upon which such Additional Space is expected to become vacant and available for leasing (the date set forth in Owner’s 's Availability Notice on which such Additional Space is expected to become available for leasing is sometimes referred to as an "Expected Vacancy Date"). Upon Owner giving Tenant an Owner’s 's Availability Notice, Tenant may exercise Tenant’s 's First Offer Right only by notice given to Owner within ten (10) days next following the date of the giving of such Owner’s 's Availability Notice, and by giving such notice Tenant shall thereby lease and add such Additional Space to the Demised Premises for a term to begin, subject to Section 40.03, on the Expected Vacancy Date; any notice given by Tenant to Owner exercising such Tenant’s 's First Offer Right is referred to as "Tenant’s 's First Offer Notice".

Appears in 1 contract

Samples: GTJ REIT, Inc.

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Notice of Availability and Tenant's Exercise of Option. A. In the event that the Additional Space shall become or about to become available for leasing in accordance with the provisions of Section 40.0121.1, Owner Landlord shall give notice thereof to Tenant (any such notice is referred to as an “Owner’s "Landlord Availability Notice"), which Owner’s Landlord's Availability Notice shall contain (i) the date such Additional Space is expected to be vacant or available for leasing leasing; (ii) the Minimum Rent and other material financial terms upon which Owner’s Availability Notice shall be accompanied by a floor plan of Landlord is willing to Lease the Additional Space unless it is a full floorto Tenant. Owner’s Landlord's Availability Notice may be given not more than twenty-four eighteen (2418) months prior to the date set forth in such Owner’s Landlord's Availability Notice upon which such Additional Space is expected to become vacant and available for leasing (the date set forth in Owner’s Landlord's Availability Notice on which such Additional Space is expected to become available for leasing is sometimes referred to as an "Expected Vacancy Date"). Upon Owner Landlord giving Tenant an Owner’s a Landlord's Availability Notice, Tenant may exercise Tenant’s 's First Offer Right with respect to the entire Additional Space only and only by notice given to Owner Landlord within ten twenty (1020) days next following the date of the giving of such Owner’s Landlord's Availability Notice, and by giving such notice Tenant shall thereby lease and add such Additional Space to the Demised Premises for a term to begin, subject to Section 40.0329.3, on the Expected Vacancy DateDate for a term co-terminous with the Lease Term for the Demised Premises; any notice given by Tenant to Owner Landlord exercising such Tenant’s 's First Offer Right is referred to as "Tenant’s 's First Offer Notice".

Appears in 1 contract

Samples: Lease Agreement (Immunomedics Inc)

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