Common use of Procedure for Acceptance Clause in Contracts

Procedure for Acceptance. If Lessee wishes to exercise Lessee's ------------------------ right of first offer with respect to the space described in the First Offer Notice, then within ten (10) business days of delivery of the First Offer Notice to Lessee. Lessee shall deliver notice to Lessor of Lessee's exercise of its Right of First Offer in respect to the space described in the First Offer Notice at the First Offer Rent and upon the terms contained in such notice. If Lessee does not wish to exercise its Right of First Offer within such ten (10) business day period, then Lessor shall be free to lease the space described in the First Offer Notice to anyone to whom Lessor desires on any terms Lessor desires, whereupon, Lessee's Right of First Offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee must elect to exercise its Right of First Offer, if at all, with respect to all of the space offered by Lessor to Lessee at any particular time, and Lessee may not elect to lease only a portion thereof.

Procedure for Acceptance. If Lessee Tenant wishes to exercise Lessee's ------------------------ Tenant’s right of first offer with respect to the space described in the a First Offer Notice, then within ten seven (107) business days of delivery of the such First Offer Notice to Lessee. Lessee Tenant, Tenant shall deliver notice to Lessor Landlord of Lessee's Tenant’s intention to exercise its right of its Right of First Offer in first offer with respect to the entire space described in the such First Offer Notice at the First Offer Rent and upon on the terms contained in such noticetherein. If Lessee Tenant does not wish to exercise its Right of First Offer so notify Landlord within such ten the seven (107) business day period, then Lessor Landlord shall be free to lease the space described in the such First Offer Notice to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires, whereupon, Lessee's Right of First Offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee Tenant must elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all of the space offered by Lessor Landlord to Lessee Tenant at any particular time, and Lessee Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within seven (7) business days of delivery thereof, then Tenant’s right of first offer as set forth in this Section 1.3 shall terminate as to all of the space described in such First Offer Notice.

Procedure for Acceptance. If Lessee Tenant wishes to exercise Lessee's ------------------------ Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within ten five (105) business days of delivery Tenant’s receipt of the First Offer Notice to Lessee. Lessee Tenant, Tenant shall deliver notice to Lessor of Lessee's exercise of its Right of (the “First Offer in Exercise Notice”) to Landlord of Tenant’s election to exercise its right of first offer with respect to the entire space described in the First Offer Notice at the First Offer Rent and upon on the terms contained in such notice, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the First Offer Rent contained in the First Offer Notice, in which case the parties shall follow the procedure, and the Option Rent shall be determined, as set forth in Section 2.4, below. If Lessee Tenant does not wish to exercise its Right of so deliver the First Offer Exercise Notice to Landlord within such ten five (105) business day period, then Lessor Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires, whereupon, Lessee's Right of First Offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee Tenant must elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all of the space offered by Lessor Landlord to Lessee Tenant at any particular time, and Lessee Tenant may not elect to lease only a portion thereof.

Procedure for Acceptance. If Lessee Tenant wishes to exercise Lessee's ------------------------ Tenant’s right of first offer with respect to the space described in a First Offer Notice, then within ten (10) business days following delivery of the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election to exercise its right of first offer with respect to the space described in the First Offer Notice, then within ten (10) business days of delivery of the First Offer Notice to Lessee. Lessee shall deliver notice to Lessor of Lessee's exercise of its Right of First Offer in respect to the space described in the First Offer Notice at the First Offer Rent and upon on the terms contained in such notice. If Lessee does not wish Notwithstanding any provision to the contrary contained herein, Tenant’s election to exercise its Right right of first offer may be undone to the extent any existing Senior Holder as of the date of this Lease exercises its rights prior to the date upon which the amendment with respect to the First Offer Space is executed pursuant to the terms of Section 1.3.5 below. If Tenant does not notify Landlord within such the ten (10) business day periodperiod set forth above, then Lessor Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires, whereupon, Lessee's Right of First Offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee Tenant must elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all of the space offered by Lessor Landlord to Lessee at any particular timeTenant in a First Offer Notice, and Lessee Tenant may not elect to lease only a portion thereof. The term of the Lease for the First Offer Space shall be coterminous with the Term for the Premises and Tenant’s Share shall be adjusted to reflect the addition of the First Offer Space.

Procedure for Acceptance. If Lessee Tenant wishes to exercise LesseeTenant's ------------------------ right of first offer with respect to the space described in the First Offer Notice, then within ten seven (107) business days of delivery of the First Offer Notice to Lessee. Lessee Tenant, Tenant shall deliver notice to Lessor of Lessee's exercise of its Right of Landlord (the "First Offer in Exercise Notice") of Tenant's election to exercise its right of first offer with respect to the entire space described in the First Offer Notice at the First Offer Rent and upon on the terms contained in such notice. If Lessee Tenant does not wish to exercise its Right of First Offer so notify Landlord within such ten seven (107) business day period, then Lessor Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires; provided, whereuponthat prior to entering a lease with a third party tenant on economic terms which, Lessee's Right of on a net effective, present value basis, are more than 10% more favorable to the tenant than the Fundamental Terms contained in the First Offer Notice, Landlord shall terminate with respect to such first deliver a revised First Offer SpaceNotice to Tenant on such more favorable terms in accordance with the procedure set forth above and Tenant shall respond to any such “re-offer” within five (5) business days after delivery of such “re-offer” notice. Notwithstanding anything to the contrary contained herein, Lessee Tenant must elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all of the space offered by Lessor Landlord to Lessee at any Tenant in the particular timeFirst Offer Notice, and Lessee Tenant may not elect to lease only a portion thereof.

Procedure for Acceptance. If Lessee Tenant wishes to exercise Lessee's ------------------------ Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within ten (10) business days of delivery of the First Offer Notice to Lessee. Lessee Tenant, Tenant shall deliver notice to Lessor Landlord of Lessee's Tenant’s exercise of its Right right of First Offer first offer in respect to the space described in the First Offer Notice at the First Offer Rent and upon the terms contained in such notice. If Lessee Tenant does not wish to exercise its Right right of First Offer first offer within such ten (10) business day period, then Lessor Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires, whereupon, Lessee's Right whereupon Tenant’s right of First Offer first offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee Tenant must elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all of the space offered by Lessor Landlord to Lessee Tenant at any particular time, and Lessee Tenant may not elect to lease only a portion thereof.

Procedure for Acceptance. If Lessee Tenant wishes to exercise LesseeTenant's ------------------------ right of first offer with respect to the space described in the First Offer Notice, then within ten (10) business days of delivery of the First Offer Notice to Lessee. Lessee Tenant, Tenant shall deliver notice to Lessor Landlord of LesseeTenant's intention to exercise its right of its Right of First Offer in first offer with respect to the entire space described in the First Offer Notice at the First Offer Rent and upon on the terms contained in such notice. If Lessee Tenant does not wish to exercise its Right of First Offer so notify Landlord within such the ten (10) business day period, then Lessor Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires, whereupon, Lessee's Right of First Offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee must Tenant may elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all or a portion of the space offered by Lessor Landlord to Lessee Tenant at any particular time, and Lessee may not elect provided that if Tenant elects to lease exercise its right of first offer with respect to only a portion thereofof the First Offer Space set forth in the First Offer Notice. The remainder of such First Offer Space shall be in a reasonably marketable configuration to allow Landlord to lease out such remainder of the First Offer Space.

Procedure for Acceptance. If Lessee Tenant wishes to exercise Lessee------------------------ Tenant's ------------------------ right of first offer with respect to the space applicable full floor First Offer Space described in the First Offer Notice, then within ten (10) business days of delivery Tenant's receipt of the applicable First Offer Notice to Lessee. Lessee Notice, Tenant shall deliver written notice to Lessor of Lessee's exercise of its Right of Landlord ("TENANT'S ELECTION NOTICE") pursuant to which Tenant shall elect either to: (i) lease the entire First Offer in respect to the space Space described in the First Offer Notice at the First Offer Rent and upon the terms contained in such notice. If Lessee does not wish ; or (ii) refuse to exercise its Right of lease the First Offer within Space, specifying that Tenant is not interested in exercising its right of first offer for such ten (10) business day periodFirst Offer Space, then Lessor in which event Tenant's right of first offer contained in this Section 1.4 shall terminate and be of no further force or effect and Landlord shall be free to lease the space described in the First Offer Notice Space or any portion thereof to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires, whereupon, Lessee's Right . If Tenant does not notify Landlord of First Offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee must elect to exercise its Right election of First Offer, if at all, with respect to all any of the space offered by Lessor options in clauses (i) or (ii) hereinabove, Tenant shall be deemed to Lessee at any particular time, and Lessee may not elect to lease only a portion thereofhave elected the option in clause (ii).

Procedure for Acceptance. If Lessee Tenant wishes to exercise LesseeTenant's ------------------------ right of first offer with respect to the space described in the First Offer Notice, then within ten (10) business 10 days of delivery Tenant's receipt of the First Offer Notice to Lessee. Lessee Notice, Tenant shall deliver written notice to Lessor of LesseeLandlord ("Tenant's exercise of its Right of Election Notice") pursuant to which Tenant shall elect either to: (i) lease the entire First Offer in respect to the space Space described in the First Offer Notice at the First Offer Rent and upon the terms contained in such notice. If Lessee does not wish to exercise its Right of First Offer within such ten ; or (10ii) business day period, then Lessor shall be free refuse to lease the space First Offer Space, specifying that Tenant is not interested in exercising its right of first offer for the First Offer Space, in which event Tenant's right of first offer with respect to the First Offer Space described in the First Offer Notice shall terminate and be of no further force or effect and Landlord shall be EXHIBIT E -6- free to lease such First Offer Space or any portion thereof to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires, whereupon, Lessee's Right . If Tenant does not timely notify Landlord of First Offer shall terminate with respect to such First Offer Space. Notwithstanding anything to the contrary contained herein, Lessee must elect to exercise its Right election of First Offer, if at all, with respect to all either of the space offered by Lessor options in clauses (i) or (ii) hereinabove, Tenant shall be deemed to Lessee at any particular time, and Lessee may not elect to lease only a portion thereofhave elected the option in clause (ii).

Procedure for Acceptance. If Lessee Tenant wishes to exercise Lessee's ------------------------ Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within ten seven (107) business days of delivery of the First Offer Notice to Lessee. Lessee Tenant, Tenant shall deliver notice to Lessor Landlord of Lessee's Tenant’s intention to exercise its right of its Right of First Offer in first offer with respect to the entire space described in the First Offer Notice at the First Offer Rent and upon on the terms contained in such notice. If Lessee Tenant does not wish to exercise its Right of First Offer so notify Landlord within such ten the seven (107) business day period, then Lessor Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Lessor Landlord desires on any terms Lessor Landlord desires; provided, whereuponhowever, Lessee's Right if, within six (6) months of delivery of any First Offer Notice, Landlord materially changes the configuration of the space being offered, Landlord shall terminate with respect again offer the space to such Tenant as First Offer SpaceSpace pursuant to this Section 8.1 if no Superior Right Holder desires to lease such space. Notwithstanding anything to the contrary contained herein, Lessee Tenant must elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all of the space offered by Lessor Landlord to Lessee Tenant at any particular time, and Lessee Tenant may not elect to lease only a portion thereof.