Offer Space. If the arbitrator believes that expert advice would materially assist him, he may retain one or more qualified persons, provided they have had no dealings with Landlord or Tenant within the immediately preceding 12 month period, to provide such expert advice. The parties shall share equally in the costs of the arbitrator and of any experts reasonably retained by the arbitrator. Any fees of any appraiser, counsel or experts engaged directly by Landlord or Tenant, however, shall be borne by the party retaining such appraiser, counsel or expert. In the event that the Prevailing Market for First Offer Space has not been determined by the commencement date of Tenant's lease of the applicable First Offer Space, Tenant shall pay Rent upon the terms and conditions in effect for the initial Premises until such time as the Prevailing Market for First Offer Space has been determined. Upon such determination, the Base Rent for the First Offer Space shall be retroactively adjusted, if necessary, to the commencement of EXHIBIT E -9- Tenant's lease of the applicable First Offer Space, using the formula set forth in the first sentence of Section II.D above. If such adjustment results in an underpayment of Base Rent by Tenant, Tenant shall pay Landlord the amount of such underpayment within 30 days after the determination thereof. If such adjustment results in an overpayment of Base Rent by Tenant, Landlord shall credit such overpayment against the next installment of Base Rent due under the Lease and, to the extent necessary, any subsequent installments until the entire amount of such overpayment has been credited against Base Rent, or at Tenant's election, reimburse Tenant within 30 days. EXHIBIT E -10- EXHIBIT F PARKING AGREEMENT This Exhibit (the "Parking Agreement") is attached to and made a part of the Lease by and between [[LANDLORD'S NAME AND ENTITY TYPE TO BE PROVIDED]] ("Landlord") and INKTOMI CORPORATION, A DELAWARE CORPORATION ("Tenant") for space in the Building located at Bayside Towers.
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. 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. 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. 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 in Building 10 becomes “available for lease”, Landlord shall give Tenant written notice (“Building 10 Offer Space Notice”) of such event. Such notice shall identify the location, configuration and size of the space (“Building 10 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 10 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 10 Offer Acceptance Notice”) of its election to lease the entire Building 10 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. The parties shall work in good faith and use diligent efforts to negotiate and execute an amendment to this Lease incorporating the Right of First Offer Space into the existing Premises as set forth above within ninety (90) days following Tenant's exercise of such Right of First Offer; provided, however, the failure of either Landlord and Tenant have executed this Lease as of the day and year first above written. LANDLORD: XXXXXX DEVELOPMENT 000 XXXXXXXX XXXX, XXX, a Massachusetts limited liability company By: /s/Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Manager TENANT: ECHO THERAPEUTI CS, INC. a Delaware corpora ion Tenant's Tax ID Number (SSN or FEIN) OUTLINE AND LOCATION OF PREMI SES
Offer Space. Tenant shall have a Subordinated Right of First Offer to lease any space in the Building (the “Offer Space”), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured event of default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an event of default) and Tenant (or a permitted assignee of the Lease pursuant to a Permitted Transfer) remains in occupancy of the entire Premises. The Offer Space shall be deemed “Available” at such time as Landlord decides to offer the Offer Space for lease and such space is no longer any of the following: (i) leased or occupied; (ii) re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Effective Date); or (iii) subject to an expansion option, right of first refusal, preferential right or similar obligation existing under any of the other tenant leases for the Property as of the Effective Date or granted to future tenants after which Tenant waives or fails to exercise this Subordinated Right of First Offer. This Subordinated Right of First Offer to Lease shall terminate upon assignment of this Lease or subletting of all or any part of the Premises other than pursuant to a Permitted Transfer under Section 11.
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 25.3 below, and the other economic and material non-economic terms upon which Landlord is willing to lease such space to Tenant (collectively, the “Fundamental Terms”), which Fundamental Terms shall pertain to the following categories: (i) the usable and rentable square footage of the First Offer Space (subject to the remeasurement provisions of Section 3 of this First Amendment, above), (ii) the delivery condition, including any required Landlord work and any Landlord warranties regarding the condition of the First Offer Space, (iii) rights to expand, options to purchase, rights of first refusal, and other material space-encumbering rights, (iv) the length of term, including the lease commencement date and options or other rights to extend the lease term or to terminate the lease, (v) base rent, including escalations thereto, expressed as a dollar amount per rentable square foot, (vi) monetary concessions (e.g., free rent, improvement allowances), (vii) operating expense and tax protections, including any rent stop or base year protections, (viii) parking rights, (ix) parking charges, and (x) the date by which the First Offer Space will be delivered to the tenant and the period of time, if any, granted to the tenant for the construction or build-out period of the First Offer Space prior to the obligation to pay rent. The term of Tenant’s lease of any First Offer Space shall terminate thirty (30) days after Tenant’s receipt of the First Offer.
Offer Space. If, at any time during the initial Term and the Extension Option has not lapsed, in the event that Landlord or any party affiliated with Riverside Resources, but not in the event such property is developed through a partnership with a third party at arms length, intends to develop the site adjacent to the Property into a Class A office building, Landlord shall give Tenant written notice (“Offer Space Notice”) of such event. Such notice shall identify the location, configuration and approximate size of the office area of such building (“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 thirty (30) days after the date the 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 (“Offer Acceptance Notice”) of its election to lease the entire Offer Space. If less than two (2) years remain on the initial Term of this Lease, then Tenant must exercise the Extension Option at the same time it gives the Offer Acceptance Notice. If Tenant exercises its rights under this Section 2, Tenant shall be deemed to have waived the Termination Option set forth in Section 3. If Landlord is ever not a party affiliated with Riverside Resources, Tenant agrees to enter into a separate agreement with the owner of the Offer Space (if a party affiliated with Riverside Resources) on the terms of this Section 2, and thereby release Landlord from all obligations with respect thereto.
