Common use of Notice of Availability Clause in Contracts

Notice of Availability. Subject to Superior Tenant’s rights, Xxxxxx will have the one time right of first offer (“Right of First Offer”) on any vacant space of 10,000 rentable square feet or more on floors 2 through 13 of the Building (“Offer Space”) at such time as such Offer Space becomes available for leasing. Landlord shall give Tenant notice of the availability of all of the Offer Space at such time as Landlord is prepared to offer the Offer Space for leasing. The notice to Tenant shall set forth the size and location of the Offer Space, and the economic terms and conditions (including “rent”, “tenant improvement allowance” and “term”) that Landlord is prepared to accept from a third party tenant to lease the Offer Space (“Offer Proposal”), prorated over the remaining Term if more than thirty-six (36) months remain in the Term as further described in Subsection 26.03(e) below. A space shall be deemed available for leasing if it is vacant, unencumbered by rights of Superior Tenants, or the current tenant has notified Landlord of its intent not to renew.

Notice of Availability. Subject to Superior Tenantany existing tenant’s superior rights, Xxxxxx meaning superior rights expressly granted prior to the Effective Date of this Lease (“Superior Tenants”), Tenant will have the one time a right of first offer (“Right of First Offer”) refusal on any vacant and all of the available space of 10,000 rentable square feet or more on floors 2 through 13 the 3rd floor of the Building (“Offer Refusal Space”) at such time as such Offer Space becomes available for leasing). Landlord shall give Tenant notice of the availability of all or a portion of the Offer Space Refusal Space, at such time as Landlord is prepared to accept a third party offer for the Offer Refusal Space for leasingfrom a “bona fide” third-party tenant. The notice to Tenant shall set forth the size and location of the Offer Space, and the economic terms and conditions (including “rent”, “tenant improvement allowance” and “term”) that Landlord is prepared to accept from a third party tenant to lease the Offer Refusal Space (the “Offer ROFR Proposal”), prorated over the remaining Term if more than thirty-six (36) months remain in the Term as further described in Subsection 26.03(e25.03(d) below. A space shall be deemed available for leasing if it is vacant, unencumbered by rights of Superior Tenants, or the current tenant has notified Landlord of its intent not to renew.