Common use of RIGHT OF FIRST OFFER ON ADJACENT SPACE Clause in Contracts

RIGHT OF FIRST OFFER ON ADJACENT SPACE. Provided that Tenant is not in -------------------------------------- default under the terms of this Lease beyond applicable cure periods, and provided that no condition exists that with the giving of notice or the passage of time or both would constitute a default under this Lease, Landlord agrees that it will offer to lease any unleased portion of 00000 Xxxxxxxx Xxxxxx Xxxx (the "Additional Space") to Tenant prior to offering the Additional Space to any other person. Tenant shall have ten (10) days after receipt of such offer to accept or reject the same. Tenant's failure to accept the same in writing unconditionally and without change within such 10-day period shall constitute a rejection of such offer. The rental rate and term of occupancy applicable to the Additional Space shall be as set forth in this Lease, except that (i) the Minimum Monthly Rent shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenant (thereby resulting in the same per-square-foot rate as then applicable to the initial Premises), (ii) Tenant shall not be entitled to any abated rent or rental concession, notwithstanding any such items as may have been contained it this Lease, and (iii) Tenant's share of Maintenance and Repairs, excess Real Property Taxes, excess insurance costs and other items (and any impound thereof) shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenant. If Landlord's offer is rejected or deemed rejected, then Landlord shall be free to let the Additional Space covered by such offer to any person, on terms and conditions determined by Landlord (which may be more or less advantageous than those offered to Tenant).

RIGHT OF FIRST OFFER ON ADJACENT SPACE. Provided that that, at the time Tenant is not in -------------------------------------- default entitled to any benefit under this Section, there exists no Event of Default on the terms part of Tenant under this Lease beyond applicable cure periods, and provided that no nor any condition exists that with the giving of notice or the passage of time or both would constitute a default an Event of Default on the part of Tenant under this Lease, Landlord agrees that it will offer to lease any unleased portion space in the building of 00000 Xxxxxxxx Xxxxxx Xxxx which the Premises are a part that is adjacent to the Premises (the "Additional Space") to Tenant prior to offering the Additional Space to any other person. Tenant shall have ten (10) days after receipt of such offer to accept or reject the same. Tenant's failure to accept the same in writing unconditionally and without change within such 10-day period shall constitute a rejection of such offer. The rental rate and term of occupancy applicable to the Additional Space shall be as set forth determined by Landlord in this Lease, except that (i) the Minimum Monthly Rent shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenant (thereby resulting in the same per-square-foot rate as then applicable to the initial Premises), (ii) Tenant shall not be entitled to any abated rent or rental concession, notwithstanding any such items as may have been contained it this Lease, and (iii) Tenant's share of Maintenance and Repairs, excess Real Property Taxes, excess insurance costs and other items (and any impound thereof) shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenantits sole discretion. If Landlord's offer is rejected or deemed rejected, then Landlord shall be free to let the Additional Space covered by such offer to any person, on terms and conditions determined by Landlord (which may be more or less advantageous than those offered to Tenant). No brokerage commissions or fees shall be payable by Landlord in connection with any such expansion. This Section shall not apply (i) to any use or leasing of the Additional Space by Landlord or any affiliate of Landlord, (ii) to the renewal or modification of the lease of any existing tenant, or (iii) the exercise of any option to extend the term of any lease or the exercise of or any other right by any existing tenant.

RIGHT OF FIRST OFFER ON ADJACENT SPACE. Provided that that, at the time Tenant is not in -------------------------------------- default entitled to any benefit under this Section, there exists no Event of Default on the terms part of Tenant under this Lease beyond applicable cure periods, and provided that no nor any condition exists that with the giving of notice or the passage of time or both would constitute a default an Event of Default on the part of Tenant under this Lease, Landlord agrees that it will offer to lease any unleased portion of 00000 Xxxxxxxx Xxxxxx Xxxx the building(s) of which the Premises are a part (the "“Additional Space"”) to Tenant prior to offering the Additional Space to any other person. Tenant shall have ten (10) days after receipt of such offer to accept or reject the same. Tenant's ’s failure to accept the same in writing unconditionally and without change within such 10-day period shall constitute a rejection of such offer. The rental rate and term of occupancy applicable to the Additional Space shall be as set forth determined by Landlord in this Lease, except that (i) the Minimum Monthly Rent shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenant (thereby resulting in the same per-square-foot rate as then applicable to the initial Premises), (ii) Tenant shall not be entitled to any abated rent or rental concession, notwithstanding any such items as may have been contained it this Lease, and (iii) Tenant's share of Maintenance and Repairs, excess Real Property Taxes, excess insurance costs and other items (and any impound thereof) shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenantits sole discretion. If Landlord's ’s offer is rejected or deemed rejected, then Landlord shall be free to let the Additional Space covered by such offer to any person, on terms and conditions determined by Landlord (which may be more or less advantageous than those offered to Tenant). If Landlord has not received a proposal from a potential tenant that leads to the consummation of a lease for the Additional Space within four (4) months of the date Tenant rejects or is deemed to have rejected Landlord’s offer, then Landlord shall not let the Additional Space without reoffering the same to Tenant pursuant to the terms of this Section. No brokerage commissions or fees shall be payable by Landlord in connection with any such expansion. This Section shall not apply (i) to any use or leasing of the Additional Space by Landlord or any affiliate of Landlord, (ii) to the renewal or modification of the lease of any existing tenant, or (iii) the exercise of any option to extend the term of any lease or the exercise of or any other right by any existing tenant.

RIGHT OF FIRST OFFER ON ADJACENT SPACE. Provided that that, at the time Tenant is not in -------------------------------------- default entitled to any benefit under this Section, there exists no Event of Default on the terms part of Tenant under this Lease beyond applicable cure periods, and provided that no nor any condition exists that with the giving of notice or the passage of time or both would constitute a default an Event of Default on the part of Tenant under this Lease, Landlord agrees that it will offer to lease any unleased portion of 00000 Xxxxxxxx Xxxxxx Xxxx the building(s) of which the Premises are a part (the "Additional Space") to Tenant prior to offering the Additional Space to any other person. Tenant shall have ten (10) days after receipt of such offer to accept or reject the same. Tenant's failure to accept the same in writing unconditionally and without change within such 10-day period shall constitute a rejection of such offer. The rental rate and term of occupancy applicable to the Additional Space shall be as set forth determined by Landlord in this Lease, except that (i) the Minimum Monthly Rent shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenant (thereby resulting in the same per-square-foot rate as then applicable to the initial Premises), (ii) Tenant shall not be entitled to any abated rent or rental concession, notwithstanding any such items as may have been contained it this Lease, and (iii) Tenant's share of Maintenance and Repairs, excess Real Property Taxes, excess insurance costs and other items (and any impound thereof) shall be increased by the proportion that the square footage of the Premises is thereby increased, effective upon the date possession of the Additional Space is delivered to Tenantits sole discretion. If Landlord's offer is rejected or deemed rejected, then Landlord shall be free to let the Additional Space covered by such offer to any person, on terms and conditions determined by Landlord (which may be more or less advantageous than those offered to Tenant). If Landlord has not received a proposal from a potential tenant that leads to the consummation of a lease for the Additional Space within four (4) months of the date Tenant rejects or is deemed to have rejected Landlord's offer, then Landlord shall not let the Additional Space without re-offering the same to Tenant pursuant to the terms of this Section. No brokerage commissions or fees shall be payable by Landlord in connection with any such expansion. This Section shall not apply (i) to any use or leasing of the Additional Space by Landlord or any affiliate of Landlord, (ii) to the renewal or modification of the lease of any existing tenant, or (iii) the exercise of any option to extend the term of any lease or the exercise of or any other right by any existing tenant.