Offer Space. 42.01. If during the term of this Lease any Offer Space shall become “available” (as such term is hereinafter defined) and the Offer Notice for such Offer Space is delivered no later than February 1, 2023, then provided that (x) as of the date of Tenant’s OS Notice, Tenant is not then in monetary default or material non-monetary under this Lease beyond applicable notice and cure periods, and (y) as of the date of Tenant’s OS Notice, Tenant and/or its Permitted Transferees are in occupancy of not less than eighty five (85%) percent of the rentable square footage of the demised premises then leased by Tenant (the “Offer Space Occupancy Test”), Landlord shall give Tenant notice (an “Offer Notice”), specifying (a) the location and rentable square footage of such Offer Space, (b) the condition in which such Offer Space shall be delivered to Tenant, (c) Landlord’s proposed determination of the annual fair market rental value for such Offer Space (“Landlord’s Offer Determination”), (d) the date or estimated date that such offer space will be delivered to Tenant in the condition required by this Lease (the “Anticipated OS Inclusion Date”) and (e) any other relevant terms being offered by Landlord with respect to such space. The foregoing right of Tenant is hereinafter referred to as the “Tenant’s Right of First Offer”. In addition, provided Tenant is not then in monetary default or material non-monetary under this Lease beyond applicable notice and cure periods, Landlord shall, within the first sixty (60) days following the beginning of each calendar year, deliver to Tenant a notice listing all Offer Space that has become “available” since the delivery of the immediately preceding Offer Notice or Landlord reasonably anticipates will become “available” within the following twelve (12) month period. Each such annual notice by Landlord shall constitute an Offer Notice and include the information described in clauses (a) through (e) above, and Tenant’s Right of First Offer with respect to any Offer Space identified in such Offer Notice shall be subject to Tenant’s satisfaction of the conditions set forth in this Section 42.01. No Offer Notice may be sent to Tenant more than eighteen (18) months in advance of the Anticipated OS Inclusion Date.
Offer Space. The First Offer Notice shall describe the space so offered to Tenant and shall set forth the "First Offer Rent," as that term is defined in Section 8.3 below, and the other economic terms upon which Landlord is willing to lease such space to Tenant.
Offer Space. 22 ARTICLE 30
Offer Space. Notwithstanding anything to the contrary in this Lease, Landlord and Tenant acknowledge and agree that neither the Phase 1 Expansion Space nor the Phase 2 Expansion Space is contiguous Offer Space (as defined in the Lease) subject to the expansion rights set forth in Article 36 of the Lease.
Offer Space. The Minimum Annual Rent for the Right of First Offer Space shall be equal to the rate which is then being quoted by Landlord to prospective new tenants for the Right of First Offer Space, provided, however, that in no event shall Tenant's Minimum Annual Rent per square foot for the Right of First Offer Space be less than the highest Minimum Annual Rent per square foot payable during the original Lease Term for the original Leased Premises. The Minimum Annual Rent for the original Leased Premises during any such extended term shall be an amount equal to the Minimum Annual Rent then being quoted by Landlord to prospective new tenants of the Building for space of comparable size and quality and with similar or equivalent improvements as are found in the Building, and if none, then in similar buildings in the vicinity, provided, however, that in no event shall the Minimum Annual Rent during such extended term be less than the highest Minimum Annual Rent payable during the Lease Term for the original Leased Premises.
Offer Space. If, at any time during the Lease Term, after the expiration of one hundred eighty (180) days following the first applicable Expansion Commencement Date, any space that is located on the first (1st) or fourth (4th) floors of Building 8, becomes “available for lease”, Landlord shall give Tenant written notice (“Building 8 Offer Space Notice”) of such event. Such notice shall identify the location, configuration and size of the space (“Building 8 Offer Space”), as well as the applicable business terms under which Landlord is willing to lease such space (such as duration, commencement date, concessions, base rent, and additional rent). Within ten (10) business days after the date the Building 8 Offer Space Notice is given to Tenant, the time of giving of such notice to be of the essence of this Section, Tenant shall give Landlord written notice (“Building 8 Offer Acceptance Notice”) of its election to lease the entire Building 8 Offer Space. Space shall not be considered “available for lease” if it is leased by another tenant or is subject to an expansion option or prior right held by another tenant, or if the existing tenant of such space desires to renew or extend its lease.
Offer Space. 1.1(c)....................................................... 1
Offer Space. During the first six (6) years of this Lease and subject to the prior rights of any existing tenants, Tenant shall have a one-time right of first offer ("Right of First Offer") to lease all, but not part, of the space located in Building #1, as shown crosshatched on Exhibit "B" (the "Offer Space") in an "as is" condition and subject to Paragraphs 2 through 9 of this section.
Offer Space. If Tenant shall not dispute Landlord’s determination of the First Offer Fair Market Rent within the forty-five (45) day timeframe set forth above, then Tenant’s failure to notify Landlord of acceptance or dispute of Landlord’s determination of First Offer Fair Market Rent within five (5) days (TIME BEING OF THE ESSENCE) after Tenant’s receipt from Landlord of a second similar notice shall constitute an acceptance of Landlord’s determination of the Fixed Rent set forth in the First Offer Notice.
Offer Space. If Tenant shall rescind the acceptance of its option as aforesaid in a timely manner, Landlord shall be free to lease the Sixteenth Floor Space to others on terms as Landlord may, in its sole discretion, desire.
