Common use of Procedure for Offer Clause in Contracts

Procedure for Offer. Subject to the terms of this Section 1.3, Landlord shall notify Tenant (the “First Offer Notice”) from time to time when the First Offer Space or any portion thereof will become available for lease to third parties, subject to the rights of any Superior Right Holder. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and the “First Offer Rent,” as that term is defined in Section 1.3.3 below, and other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.3) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.3.4 below, is anticipated by Landlord to occur on or after the date which is three (3) years prior to the Lease Expiration Date (the “ROFO Expiration”).

Procedure for Offer. Subject to the terms of this Section 1.31.2, Landlord shall notify Tenant (the “First Offer Notice”) from at such time as Landlord intends to time when market the First Offer Space or any portion thereof will become available for lease to third parties, subject to the rights of any provided that no Superior Right HolderHolder wishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First 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 1.3.3 1.2.3 below, and the other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.31.2) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.3.4 1.2.5, below, is anticipated by Landlord to occur on or after at any time during the date which is three last two (32) years prior to of the Lease Expiration Date (the “ROFO Expiration”)Term.

Procedure for Offer. Subject to the terms of this Section 1.31.2, Landlord shall notify Tenant (the “"First Offer Notice”") from time to time when the First Offer Space or any portion thereof will become becomes available for lease to third parties, subject to the rights of any provided that no Superior Right HolderHolder wishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First 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 1.3.3 1.2.3 below, and the other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice to Tenant (and Tenant shall have no right to exercise its right under this Section 1.31.2) to the extent that the “"First Offer Commencement Date,” " as that term is defined in Section 1.3.4 1.2.5, below, is anticipated by Landlord to occur on or after the date which is three (3) years prior to tenth anniversary of the Lease Expiration Date (the “ROFO Expiration”)Commencement Date.

Procedure for Offer. Subject to the terms of this Section 1.3, Landlord shall notify Tenant (the “"First Offer Notice”") from time to time when the First Offer Space or any portion thereof will become available for lease to third parties, subject to the rights of any Superior Right Holder. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and the “"First Offer Rent,” " (as that term is defined in Section 1.3.3 below), and other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.3) to the extent that the “"First Offer Commencement Date,” " as that term is defined in Section 1.3.4 1.3.5 below, is anticipated by Landlord to occur on or after the a date which is three when less than two (32) full calendar years prior to remain in the Lease Expiration Date Term (the “"ROFO Expiration”").

Procedure for Offer. Subject to During the terms initial Lease Term and during the first twenty four (24) months of this Section 1.3the Option Term (if applicable), Landlord shall notify Tenant (the “First Offer Notice”) from time to time when Landlord determines that marketing for any portion of the First Offer Space or any will commence because such portion thereof will of the First Offer Space shall become available for lease to third parties, subject to the rights provided that no holder of any a Superior Right Holderwishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant Tenant, shall set forth the date (“Anticipated First Offer Date”) upon which Landlord anticipates that the First Offer Space shall become available for lease to third parties (subject to any holdover of any then existing tenant) and shall set forth the First Offer Rent (as defined below) and the “First Offer Rent,” as that term is defined in Section 1.3.3 below, and other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.3) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.3.4 below, is anticipated by Landlord to occur on or after the date which is three (3) years prior to the Lease Expiration Date (the “ROFO Expiration”).

Procedure for Offer. Subject to the terms of this Section 1.3, Landlord shall notify Tenant (the “First Offer Notice”) from time to time when the First Offer Space or any portion thereof will become becomes available for lease to third parties, subject to the rights of any provided that no Superior Right HolderHolder wishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First 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 1.3.3 2.3.3, below, and other fundamental material economic terms upon at which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.32.3) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.3.4 2.3.5, below, is anticipated by Landlord to occur on or after during the date which is three last two (32) years prior to of the Lease Expiration Date (then term of the “ROFO Expiration”)Lease, as amended.