Common use of Procedure for Acceptance Clause in Contracts

Procedure for Acceptance. On or before the date which is five (5) business days after Tenant’s receipt of Landlord’s First Refusal Notice (the “Election Date”), Tenant shall deliver written notice to Landlord (“Tenant’s Election Notice”) pursuant to which Tenant shall have the one-time right to elect either to: (i) lease the entire First Refusal Space described in the First Refusal Notice upon the terms set forth in the First Refusal Notice; or (ii) refuse to lease such First Refusal Space identified in the First Refusal Notice. If Tenant does not respond in writing to Landlord’s First Refusal Notice by the Election Date, Tenant shall be deemed to have elected not to lease the First Refusal Space. If Tenant elects or is deemed to have elected not to lease the First Refusal Space, then Tenant’s First Refusal Right set forth in this Addendum shall terminate and Landlord shall thereafter have the right to lease all or any portion of such First Refusal Space to anyone to whom Landlord desires on any terms Landlord desires.

Appears in 2 contracts

Samples: Lease Agreement, Second Amendment (Rainmaker Systems Inc)

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Procedure for Acceptance. On or before the date which is five ten (510) business days after Tenant’s 's receipt of Landlord’s 's First Refusal Offer Notice (the "Election Date"), Tenant shall deliver written notice to Landlord ("Tenant’s 's Election Notice") pursuant to which Tenant shall have the one-time right to elect either to: (i) lease the entire First Refusal Offer Space described in the First Refusal Offer Notice upon the terms set forth in the First Refusal NoticeOffer Notice (without variation or deviation); or (ii) refuse to lease such the First Refusal Offer Space identified upon the terms set forth in the First Refusal Offer Notice. If Tenant does not respond respond, in writing writing, to Landlord’s 's First Refusal Offer Notice by the Election Date, Tenant shall be conclusively deemed to have elected not to lease the First Refusal Offer Space. If Tenant elects or is deemed to have elected not to lease the First Refusal Offer Space, then Tenant’s 's First Refusal Offer Right set forth in this Addendum shall terminate and Landlord shall thereafter have the right to lease all or any portion of such First Refusal Offer Space to anyone to whom Landlord desires on any terms Landlord desires.

Appears in 1 contract

Samples: Lease Agreement (Infiniti Solutions LTD)

Procedure for Acceptance. On or before the date which is five fourteen (514) business days after Tenant’s receipt of Landlord’s First Refusal Offer Notice (the “Election Date”), Tenant shall deliver written notice to Landlord (“Tenant’s Election Notice”) pursuant to which Tenant shall have the one-time right to elect either to: (i) lease the entire First Refusal Offer Space described in the First Refusal Offer Notice upon the terms set forth in the First Refusal Offer Notice; or (ii) refuse to lease such First Refusal Offer Space identified in the First Refusal Offer Notice. If Tenant does not respond in writing to Landlord’s First Refusal Offer Notice by the Election Date, Tenant shall be deemed to have elected not to lease the First Refusal Offer Space. If Tenant elects or is deemed to have elected not to lease the First Refusal Offer Space, then Tenant’s First Refusal Right set forth in this Addendum shall terminate and Landlord shall thereafter have the right to lease all or any portion of such First Refusal Offer Space to anyone to whom Landlord desires on any terms Landlord desires. Tenant’s First Offer Right as set forth in this ROFO Addendum shall be continuous throughout the Term, and, if not exercised with respect to any particular First Offer Notice, shall be applicable to each subsequent occasion that the First Offer Space becomes available for lease (as determined by Landlord).

Appears in 1 contract

Samples: Lease Agreement (Synplicity Inc)

Procedure for Acceptance. On or before the date which is five three (53) business days after Tenant’s receipt of Landlord’s First Refusal Notice (the “Election Date”), Tenant shall deliver written notice to Landlord (“Tenant’s Election Notice”) pursuant to which Tenant shall have the one-time right to elect either to: (i) lease the entire First Refusal Space described in the First Refusal Notice upon the terms set forth in the First Refusal Notice; or (ii) refuse to lease such First Refusal Space identified in the First Refusal Notice. If Tenant does not respond in writing to Landlord’s First Refusal Notice by the Election DateDate or wishes to modify the terms set forth in the First Refusal Notice, Tenant shall be deemed to have elected not to lease the First Refusal Space. If Tenant elects or is deemed to have elected not to lease the First Refusal Space, then Tenant’s First Refusal Right set forth in this Addendum Rider 2 shall terminate and Landlord shall thereafter have the right to lease all or any portion of such First Refusal Space to anyone to whom Landlord desires on any terms Landlord desires.

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

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Procedure for Acceptance. On or before If Tenant wishes to exercise Tenant’s right of first refusal with respect to the date which is five First Refusal Space described in the First Refusal Notice, then within seven (57) business days after Tenant’s receipt of Landlord’s delivery of the First Refusal Notice to Tenant (the “Election DatePeriod”), Tenant shall deliver to Landlord written notice to Landlord (an Tenant’s Election Notice”) pursuant of Tenant’s exercise of its right of first refusal with respect to which Tenant shall have all of the one-time right to elect either to: (i) lease the entire First Refusal Space described in the First Refusal Notice at the rent, for the term and upon the other fundamental economic terms set forth and conditions contained in the such First Refusal Notice; or (ii) refuse , including, but not limited to lease such First Refusal Space identified in the First Refusal Noticerental concessions and improvement allowances. If Tenant does not respond in writing so notify Landlord within such Election Period of Tenant’s exercise of its first refusal right, or Tenant affirmatively elects not to Landlord’s exercise such first refusal right (either of the foregoing being referred to herein as a “First Refusal Notice by the Election DateRejection”), Tenant then Landlord shall be deemed free to have elected not to negotiate and enter into a lease for the First Refusal Space. If Tenant elects or is deemed to have elected not to lease the First Refusal Space, then Tenant’s First Refusal Right set forth in this Addendum shall terminate and Landlord shall thereafter have the right to lease all or any portion of such First Refusal Space to anyone to whom Landlord it desires on any terms Landlord it desires.; provided, however, in no event

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Procedure for Acceptance. On or before If Tenant wishes to exercise Tenant's right of first refusal with respect to the date which is space described in the First Refusal Notice, then within five (5) business days after Tenant’s receipt delivery of Landlord’s the First Refusal Notice to Tenant (the "Election Date"), Tenant shall deliver written notice to Landlord ("Tenant’s 's Election Notice") pursuant to which Tenant shall have the one-time right to elect either to: to (i) lease the entire First Refusal Space space described in the First Refusal Notice upon the terms Terms set forth in the First Refusal Notice; , or (ii) refuse to lease such First Refusal Space space identified in the First Refusal Notice, in which event Landlord may lease such space to any person or entity on any terms Landlord desires and Tenant's right of first refusal with respect to the First Offer Space specified in Landlord's First Refusal Notice shall thereupon terminate and be of no further force or effect. If Tenant does not so respond in writing to Landlord’s 's First Refusal Notice by the Election Date, Tenant shall be deemed to have elected not the option described in clause (ii), above. Notwithstanding anything herein to lease the contrary, Tenant may only exercise its right of first refusal with respect to all of the space described in the First Refusal Space. If Tenant elects or is deemed to have elected Notice, and not to lease the First Refusal Space, then Tenant’s First Refusal Right set forth in this Addendum shall terminate and Landlord shall thereafter have the right to lease all or any a portion of such First Refusal Space to anyone to whom Landlord desires on any terms Landlord desiresthereof.

Appears in 1 contract

Samples: Office Lease (Affymetrix Inc)

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