Common use of Procedure for Acceptance Clause in Contracts

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five (5) business days of 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 entire space described in the First Offer Notice on the terms contained in such Notice. If Tenant does not so notify Landlord within the five (5) business day period, then Landlord shall be free to lease the applicable First Offer Space to anyone to whom Landlord desires on any terms Landlord desires. In the event that Landlord fails to lease the applicable First Offer Space to a third party within six (6) months of the date of the First Offer Notice, the provisions of this Section 1.3 shall again be in effect with respect to the applicable First Offer Space. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its Right of First Offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Appears in 2 contracts

Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)

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Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in the First Offer Notice, then within five ten (510) business days of delivery of the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election 's intention to exercise its Right right of First Offer first offer with respect to the entire space described in the First Offer Notice on the terms contained in such Noticenotice. If Tenant does not so notify Landlord within the five ten (510) business day period, then Landlord shall be free to lease the applicable space described in the First Offer Space Notice to anyone to whom Landlord desires on any terms Landlord desires. In the event that Landlord fails to lease the applicable First Offer Space to a third party within six (6) months of the date of the First Offer Notice, the provisions of this Section 1.3 shall again be in effect with respect to the applicable First Offer Space. Notwithstanding anything to the contrary contained herein, Tenant must 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 Landlord to Tenant at any particular time, and provided that if Tenant may not elect 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.

Appears in 1 contract

Samples: Lease (Maxicare Health Plans Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the a First Offer Notice, then within five ten (510) business days of following delivery of the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election to exercise its Right right of First Offer first offer with respect to the entire space described in the First Offer Notice on the terms contained in such Noticenotice. Notwithstanding any provision to the contrary contained herein, Tenant’s election to exercise its 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 so notify Landlord within the five ten (510) business day periodperiod set forth above, then Landlord shall be free to lease the applicable space described in the First Offer Space Notice to anyone to whom Landlord desires on any terms Landlord desires. In the event that Landlord fails to lease the applicable First Offer Space to a third party within six (6) months of the date of the First Offer Notice, the provisions of this Section 1.3 shall again be in effect with respect to the applicable First Offer Space. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its Right right of First Offerfirst offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular timein a First Offer Notice, and 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.

Appears in 1 contract

Samples: Lease (Biomarin Pharmaceutical Inc)

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Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in the First Offer Notice, then within five (5) business 10 days of delivery Tenant's receipt of the First Offer Notice to TenantNotice, Tenant shall deliver written notice to Landlord of ("Tenant’s election 's Election Notice") pursuant to exercise its Right of which Tenant shall elect either to: (i) lease the entire First Offer with respect to the entire space Space described in the First Offer Notice on at the First Offer Rent and upon the terms contained in such Notice. If notice; or (ii) refuse to lease the First Offer Space, specifying that Tenant does is not so notify Landlord within interested in exercising its right of first offer for the five (5) business day periodFirst Offer Space, then 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 the applicable such First Offer Space or any portion thereof to anyone to whom Landlord desires on any terms Landlord desires. In the event that If Tenant does not timely notify Landlord fails to lease the applicable First Offer Space to a third party within six (6) months of its election of either of the date of the First Offer Notice, the provisions of this Section 1.3 shall again be options in effect with respect to the applicable First Offer Space. Notwithstanding anything to the contrary contained hereinclauses (i) or (ii) hereinabove, Tenant must elect shall be deemed to exercise its Right of First Offer, if at all, with respect to all of have elected the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereofoption in clause (ii).

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

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