Right of Availability Sample Clauses

Right of Availability. Full floor only. Tenant may provide notice to Landlord of space needs and Landlord shall respond with notice of the availability of the full floor. This Right is not applicable if either: a) Tenant does not occupy a minimum of 60,000 NRSF in the Building, or b) the commencement date of such new lease would occur within the last 3 years of Tenant's lease term, or any subsequent renewal terms. Right is currently not applicable, as Tenant occupies less than 60,000 NRSF in the Building. (i) Renewal Options: Three (3) 5 year Renewal Options
Sample 1
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Right of Availability. Landlord and Tenant acknowledge and agree that (a) Landlord would not pursue the Suite 2100 Recapture but for Tenant's agreement to lease Suite 2100 pursuant to the terms of this Eleventh Amendment, (b) upon the Suite 2100 Lease Commencement Date, the terms of this Eleventh Amendment are intended to, and shall, supersede any expansion right or right of first offer Tenant may have with respect to space on the 21st floor of the Building contained in the Lease, as amended hereby, including but not limited to Section 1.4 of the Original Lease, and (c) upon the Suite 2100 Lease Commencement Date, any such expansion rights or rights of first offer with respect to the 21st floor shall be deleted in their entirety and of no further force or effect, and (d) effective as of the Suite 2100 Lease Commencement Date, Tenant's sole right to expand the Premises into the 21st Floor shall be pursuant to the terms of this Eleventh Amendment.
Sample 1
Right of Availability. Landlord hereby grants to the Tenant named in this Lease (the “Original Tenant”) a right of availability with respect to the entire eighth (8th) floor of the Building (the “Designated Area”). Tenant’s right of availability shall be on the terms set forth in this Section 1.2.
Sample 1
Right of Availability. Tenant shall has e a right of availability with respect to any then available space in the Building that is not subject to the right of first refusal under Section 1.5 above ("Availability Space") upon the terms and conditions set forth in this Section 1.6. Tenant's right of availability shall be subject and subordinate to any then-existing expansion, extension, first offer, first refusal or similar rights granted under lease to any other tenant of the Building and any potential tenant with whom Landlord has signed or is negotiating a request for proposal or a letter of intent (collectively and for purposes of this Section 1.6 only, the "Superior Rights"). Landlord shall, every six (6) months during the Term, deliver to Tenant a notice (the "Availability Notice") indicating which of the Availability Space is then available or is expected to become available in the next six (6) months. If Tenant desires to lease any portion of the Availability Space described in the 4
Sample 1
Right of Availability. Subject to the terms set forth in this SECTION 1.6, Landlord hereby grants to Tenant a continuing right of availability to the “Available Space,” as that term is defined below, on the terms and conditions set forth in this SECTION 1.6. Such right of availability shall be subject to the terms and conditions (including expansion and first offer rights) of leases existing in the Building as of the date of this Lease as such rights are set forth in EXHIBIT F attached hereto (the “EXISTING TENANT’S RIGHTS”), and further subject and subordinate to any and all present and future rights of other current and future tenants of the Building (collectively the “SUPERIOR RIGHT HOLDERS”) with respect to such space, other than rights of first offer, first refusal, first availability or any right to expand which does not contain the right to expand into a predetermined amount of space at a predetermined time period benefiting future tenants or benefitting current tenants (unless contained in leases in existence as of the date of this Lease).
Sample 1
Right of Availability. Landlord hereby grants to the Original Tenant and any Permitted Transferee Assignee, a one-time right of availability with respect to any office space located on the third (3rd) floor of the Building (the "Available Space"). Tenant's right of availability shall be on the terms and conditions set forth in this Article 33. Notwithstanding the foregoing, such right of availability of Tenant shall commence only following the expiration or earlier termination of all existing leases (including renewals and extensions, whether pursuant to rights currently existing or hereafter granted) of the Available Space, and such right of first availability shall be subordinate to all rights of tenants under leases of the Available Space existing as of the date hereof, and all rights of other tenants of the Project, which rights relate to the Available Space and which rights are set forth in leases of space in the Project existing as of the date hereof, each including any renewal, extension, expansion, first offer, first negotiation and other similar rights, regardless of whether such rights are executed strictly in accordance with their respective terms or pursuant to lease amendments or new leases executed prior to the expiration of such existing rights in such existing leases (all such tenants under existing leases of the Available Space and other tenants of the Project, collectively, the "Superior Right Holders").
Sample 1
Right of Availability. Tenant shall be entitled to request from Landlord from time to time a report (an “Availability Report”) with respect to the availability of space on the third (3rd), fourth (4th), xxxxxxx (0xx), xxxxxx (8th) and ninth (9th) floors of the Building, and the date as of which each such space will be available. Space shall be “available” only to the extent it is not subject to expansion, extension, first offer, first refusal or any other rights of other tenants in the Building which do not contradict Tenant’s expansion options/rights under this Lease. Landlord shall provide Tenant such report within ten (10) business days after Tenant delivers its request to Landlord. Tenant shall have the option, exercisable by notice delivered to Landlord within thirty (30) days after Tenant’s receipt of Landlord’s notice of available space in the Building, to add any such available space to the Premises as it first becomes available. Any such available space shall be leased to Tenant at the Prevailing Market Rent for the same for a term coterminous with the balance of the then-current term of this Lease provided that two (2) years remain in the Term (as the same then exists, including any Renewal Period with respect to which Tenant has exercised its Renewal Option, even if said Renewal Period is not commenced) (or such shorter time period as may be necessary to prevent any conflict with another tenant’s rights to such space or to prevent a conflict with Tenant’s expansion options under Lease, if they have not expired). Notwithstanding anything to the contrary set forth in this Section 47.B.2, Tenant may not exercise during the fifth (5th) Lease Year or the sixth (6th) Lease Year its option to add available space to the Premises pursuant to this Section 47.B. unless Tenant has either waived or failed to timely exercise its right to terminate this Lease effective as of the last day of the seventh (7th) day Lease Year pursuant to Section 49 below, unless Tenant has either waived or failed to timely exercise its right to terminate this Lease with respect to a portion of the Premises effective as of the last day of the seventh (7th) Lease Year pursuant to Section 50 below. Nothing contained herein shall reduce the amount of space subject to the expansion options granted to Tenant under this Lease. If a Material Default exists at the time Tenant delivers to Landlord notice of Tenant’s exercise of an option/right set forth in this Section 47.B, then Landlord may elect to invalidate...
Sample 1
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Related to Right of Availability

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 17, 2016, $13,000,000, (iii) as of any date of determination during the period from October 18, 2016 through and including October 31, 2016, $17,500,000, and (iv) as of any date of determination during the period from November 1, 2016 through and including December 31, 2016, $20,000,000.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Non-Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO’s obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor.

  • Availability of Shares During the term of this Option, the Company shall reserve for issuance the number of shares of Common Stock required to satisfy this Option.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • Pro Rata Shares Availability of Funds (a) All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender's obligation to make a Loan requested hereunder nor shall the Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender's obligation to make a Loan requested hereunder. (b) Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender's Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent's demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Type of Loans. Nothing in this Section 2.2(b) shall be deemed to relieve any Lender from its obligation to fulfill its Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

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