Common use of Right of First Opportunity to Lease Clause in Contracts

Right of First Opportunity to Lease. Subject to any rights of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”), Landlord shall deliver to Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental rate, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premises, Tenant may provide irrevocable written notice to Landlord of Tenant’s election to expand the Premises to include the relevant Available Space (“Tenant’s Expansion Notice”). Tenant shall have ten (10) days after receipt of the Availability Notice to deliver Tenant’s Expansion Notice. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not to lease the relevant Available Space as set forth herein, Tenant’s right of first opportunity with respect to that Available Space shall terminate and Landlord will have the right to lease that Available Space to any other person or entity upon any terms and conditions that Landlord desires, in its sole discretion. Landlord will not be required to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Space.

Right of First Opportunity to Lease. Subject to ADDITIONAL PREMISES AT 100 SMITH RANCH ROAD, SAN RAFAEL At any rights of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)txxx xereof, Landlord shall deliver or any options to xxxxxd which Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental ratehas exercised, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) provided that Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premisesas defined herein, Tenant may provide irrevocable written shall have a right of first opportunity to lease all office space that becomes available for lease at 100 Smith Ranch Road, San Rafael, based on the terms and conxxxxxxx xx xxxxxxxx below. Xxxxxord and Tenant acknowledge that there are existing tenants at 100 Smith Ranch Road, which tenants have options to renew ox xxx xxxx xx renew their respective leases, and that these existing options and requests to renew would take precedent over the first opportunity to lease described herein. Landlord and Tenant further acknowledge that this right of first opportunity to lease shall apply only to premises, from which existing tenants vacate or which is currently vacant. Landlord shall notify Tenant in writing of the availability of additional office premises at 100 Smith Ranch Road, San Rafael within 30 days of Landlorx xxxxxxxxx xxxxxx from an exxxxxxg Tenant at 100 Smith Ranch Road of that Tenant's intent to vacate their xxxxxxxx. Landlord's notice to Landlord of Tenant’s election to expand the Premises to Tenant shall include the relevant Available Space (“Tenant’s Expansion Notice”)size of premises, the projected date at which the premises may be available, and a floor plan indicating the current configuration of the premises. Tenant shall have ten (10) 30 days after receipt of the Availability Notice notice from Landlord to deliver notify Landlord of Tenant’s Expansion Notice. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not 's intent to lease the relevant Available Space as set forth hereinpremises which was the subject of the notice. In the event Landlord does not receive notice from Tenant of Tenant's intent to lease said available space, Tenant’s right of first opportunity with respect to that Available Space Landlord shall terminate and Landlord will have the right to lease that Available Space said space to any other person or entity upon any Tenant which Landlord chooses, and Tenant's right of first opportunity to lease that specific premises shall be deemed waived. In the event Tenant notifies Landlord of its intent to lease said premises, Landlord and Tenant shall proceed as soon as is reasonably possible to execute a lease agreement for the specific premises that became available. Terms and conditions of the Lease shall be based on the same terms and conditions that Landlord desires, of the lease(s) on the other space Tenant occupies in its sole discretionthe Building at the time the lease is executed. Landlord will and Tenant shall make a good faith effort to execute a Lease for the specific available space within 30 days after Tenant has notified Landlord of its intent to lease said space. This right of first opportunity to lease shall in no way limit the Landlord from executing leases with new tenants for terms of any length, with options to renew for any length, for those spaces for which Tenant has not be required exercised its right of first opportunity to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Spaceas defined herein.

Right of First Opportunity to Lease. Subject to ADDITIONAL PREMISES AT 100 SMITH RANCH ROAD, SAN RAFAEL At any rights of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)txxx xereof, Landlord shall deliver or any options to xxxxxd which Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental ratehas exercised, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) provided that Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premisesas defined herein, Tenant may provide irrevocable written shall have a right of first opportunity to lease for all office space that becomes available for lease at 100 Smith Ranch Road, San Rafael, based on the terms and cxxxxxxxxx xx outlined below. Xxxxxord and Tenant acknowledge that there are existing tenants at 100 Smith Ranch Road, which tenants have options to renex xx xxx xxxx xx renew their respective leases, and that these existing options and requests to renew would take precedent over the first opportunity to lease described herein. Landlord and Tenant further acknowledge that this right of first opportunity to lease shall apply only to premises, from which existing tenants vacate or which is currently vacant. Landlord shall notify Tenant in writing of the availability of additional office premises at 100 Smith Ranch Road, San Rafael within 30 days of Landlorx xxxxxxxxx xxxxxx from an exxxxxxg Tenant at 100 Smith Ranch Road of that Tenant's intent to vacate their xxxxxxxx. Landlord's notice to Landlord of Tenant’s election to expand the Premises to Tenant shall include the relevant Available Space (“Tenant’s Expansion Notice”)size of premises, the projected date at which the premises may be available, and a floor plan indicating the current configuration of the premises. Tenant shall have ten (10) 30 days after receipt of the Availability Notice notice from Landlord to deliver notify Landlord of Tenant’s Expansion Notice. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not 's intent to lease the relevant Available Space as set forth hereinpremises which was the subject of the notice. In the event Landlord does not receive notice from Tenant of Tenant's intent to lease said available space, Tenant’s right of first opportunity with respect to that Available Space Landlord shall terminate and Landlord will have the right to lease that Available Space said space to any other person or entity upon any Tenant which Landlord chooses, and Tenant's right of first opportunity to lease that specific premises shall be deemed waived. In the event Tenant notifies Landlord of its intent to lease said premises, Landlord and Tenant shall proceed as soon as is reasonably possible to execute a lease agreement for the specific premises that became available. Terms and conditions of the Lease shall be based on the same terms and conditions that Landlord desires, of the Lease(s) on the other space Tenant occupies in its sole discretionthe Building at the time the Lease is executed. Landlord will and Tenant shall make a good faith effort to execute a Lease for the specific available space within 30 days after Tenant has notified Landlord of its intent to lease said space. This right of first opportunity to lease shall in no way limit the Landlord from executing leases with new tenants for terms of any length, with options to renew for any length, for those spaces for which Tenant has not be required exercised its right of first opportunity to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Spaceas defined herein.

Right of First Opportunity to Lease. Subject to ADDITIONAL PREMISES AT 100 SMITH RANCH ROAD, SAN RAFAEL At any rights of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)txxx xereof, Landlord shall deliver or any options to xxxxxd which Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental ratehas exercised, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) provided that Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premisesas defined herein, Tenant may provide irrevocable written shall have a right of First Opportunity to Lease for all office space that becomes available for lease at 100 Smith Ranch Road, San Rafael, based on the terms and cxxxxxxxxx xx outlined below. Xxxxxord and Tenant acknowledge that there are existing tenants at 100 Smith Ranch Road, which tenants have options to renew xx xxxx xx xxxxx their respective leases, and that these existing options and requests to renew would take precedent over the Right of First Opportunity to Lease described herein. Landlord and Tenant further acknowledge that this Right of First Opportunity to Lease shall apply only to premises, from which existing tenants vacate or which is currently vacant. Landlord shall notify Tenant in writing of the availability of additional office premises at 100 Smith Ranch Road, San Rafael within thirty (30) days of Xxxxxxxx receiving noticx xxxx an existing Tenant at 100 Smith Ranch Road of that Tenant's intent to vacate their xxxxxxxx. Landlord's notice to Landlord of Tenant’s election to expand the Premises to Tenant shall include the relevant Available Space (“Tenant’s Expansion Notice”)size of premises, the projected date at which the premises may be available, and a floor plan indicating the current configuration of the premises. Tenant shall have ten (10) days after receipt of the Availability Notice notice from Landlord to deliver notify Landlord of Tenant’s Expansion Notice. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not 's intent to lease the relevant Available Space as set forth hereinpremises which was the subject of the notice. In the event Landlord does not receive notice from Tenant of Tenant's intent to lease said available space, Tenant’s right of first opportunity with respect to that Available Space Landlord shall terminate and Landlord will have the right to lease that Available Space said space to any other person or entity upon any Tenant which Landlord chooses, and Tenant's Right of First Opportunity to lease that specific premises shall be deemed waived. In the event Tenant notifies Landlord of its intent to lease said premises, Landlord and Tenant shall proceed as soon as is reasonably possible to execute a lease agreement for the specific premises that became available. Terms and conditions of the Lease shall be based on the same terms and conditions that Landlord desires, of the lease(s) on the other space Tenant occupies in its sole discretionthe Building at the time the lease is executed. Landlord will and Tenant shall make a good faith effort to execute a Lease for the specific available space within thirty (30) days after Tenant has notified Landlord of its intent to lease said space. This Right of First Opportunity to Lease shall in no way limit the Landlord from executing leases with new tenants for terms of any length, with options to renew for any length, for those spaces for which Tenant has not be required exercised its Right of First Opportunity to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Spaceas defined herein.

Right of First Opportunity to Lease. Subject Tenant shall have the Right of First Opportunity to any rights lease the entirety of other tenants which exist at the premises leased by Landlord to SCCA each and every time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)that such space shall become available for lease during the term of this Lease; provided such right shall not exist during any period in which Tenant is in default of its obligations under this Lease beyond applicable notice and cure periods. Each time such space shall become available for lease, Landlord shall deliver to advise Tenant, by written notice, of such availability. For thirty (30) business days after receipt of such notice, Tenant a written notice of shall have the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental rate, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared right to lease such Available Space (“Availability Notice Terms”). So long as at space; if Tenant timely elects to so lease such space, such space shall be deemed to be added to the Premises leased hereunder such time when such space is physically delivered to Tenant in the condition required hereunder, and on all the same terms and conditions of an Availability Event, this Lease except that (i) Tenant is not in default under this Leasethe Base Rent as to any such new space shall be equal to Twenty Three and 24/100s percent (23.24%) of the Base Rent due, from time to time, for the initial Premises without regard to such expansion of the Premises and (ii) this Lease is in full force and effect Tenant’s Pro Rata Share shall be increased to One Hundred Percent (100%) and (iii) Tenant is open shall pay the then current rate for Building parking being paid by Tenant for its other in-Building parking and operating subject to potential increases from time to time to reflect increases in such charges in the entire Premisesarea, Tenant may provide irrevocable written notice to Landlord of Tenant’s election to expand the Premises to include the relevant Available Space but such increases shall not exceed five percent (“Tenant’s Expansion Notice”5%) in any year (not aggregated). In the event Tenant elects to so lease such space, Landlord shall have ten (10) days after receipt no obligation to provide any improvement or any tenant improvement allowance in ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 12 FEBRUARY 29, 2008 connection with the addition of such space to the Availability Notice to deliver Tenant’s Expansion NoticePremises. If Any renewal option duly exercised by Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment pursuant to this Lease covering the Available Space shall be fully applicable to such other space and shall be included in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereofsuch renewed or extended lease. If Tenant does not lease such other space, this Lease shall remain unmodified and in full force and effect. In the event that (i) the SCCA premises become available for lease as a result of the expiration of the SCCA Lease and (ii) Tenant does not timely deliver elects to so lease such space as provided in this section, Landlord shall be free to lease such SCCA premises to a third party on such terms as Landlord may elect in its discretion and, upon the expiration of Tenant’s Expansion Notice right to Landlord or otherwise elects not elect to lease the relevant Available Space as set forth hereinformer SCCA premises and at Landlord’s option, Tenant’s right to maintain a security guard in the first floor lobby of first opportunity with respect to that Available Space the Building shall terminate cease upon sixty (60) days advance written notice from Landlord and Landlord will have the right to lease that Available Space to Tenant shall remove any other person security guard related alterations or entity upon any terms and conditions that Landlord desires, improvements in its sole discretionsuch Building lobby made by Tenant. Landlord will not be required to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new Any lease of that Available Spacethe SCCA premises by Tenant also shall include the leasing by Tenant of all parking spaces allocable to the SCCA premises on the terms provided in section 31.1 below.

Right of First Opportunity to Lease. Subject to ADDITIONAL PREMISES AT 100 XXXXX RANCH ROAD, SAN XXXXXX At any rights of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)term hereof, Landlord shall deliver or any options to extend which Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental ratehas exercised, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) provided that Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premisesas defined herein, Tenant may provide irrevocable written shall have a right of First Opportunity to Lease for all office space that becomes available for lease at 000 Xxxxx Xxxxx Road, San Xxxxxx, based on the terms and conditions as outlined below. Landlord and Tenant acknowledge that there are existing tenants at 000 Xxxxx Ranch Road, which tenants have options to renew or wish to renew their respective leases, and that these existing options and requests to renew would take precedent over the Right of First Opportunity to Lease described herein. Landlord and Tenant further acknowledge that this Right of First Opportunity to Lease shall apply only to premises, from which existing tenants vacate or which is currently vacant. Landlord shall notify Tenant in writing of the availability of additional office premises at 000 Xxxxx Xxxxx Road, San Xxxxxx within thirty (30) days of Landlord receiving notice from an existing Tenant at 000 Xxxxx Xxxxx Road of that Tenant's intent to vacate their premises. Landlord's notice to Landlord of Tenant’s election to expand the Premises to Tenant shall include the relevant Available Space (“Tenant’s Expansion Notice”)size of premises, the projected date at which the premises may be available, and a floor plan indicating the current configuration of the premises. Tenant shall have ten (10) days after receipt of the Availability Notice notice from Landlord to deliver notify Landlord of Tenant’s Expansion Notice. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not 's intent to lease the relevant Available Space as set forth hereinpremises which was the subject of the notice. In the event Landlord does not receive notice from Tenant of Tenant's intent to lease said available space, Tenant’s right of first opportunity with respect to that Available Space Landlord shall terminate and Landlord will have the right to lease that Available Space said space to any other person or entity upon any Tenant which Landlord chooses, and Tenant's Right of First Opportunity to lease that specific premises shall be deemed waived. In the event Tenant notifies Landlord of its intent to lease said premises, Landlord and Tenant shall proceed as soon as is reasonably possible to execute a lease agreement for the specific premises that became available. Terms and conditions of the Lease shall be based on the same terms and conditions that Landlord desires, of the lease(s) on the other space Tenant occupies in its sole discretionthe Building at the time the lease is executed. Landlord will and Tenant shall make a good faith effort to execute a Lease for the specific available space within thirty (30) days after Tenant has notified Landlord of its intent to lease said space. This Right of First Opportunity to Lease shall in no way limit the Landlord from executing leases with new tenants for terms of any length, with options to renew for any length, for those spaces for which Tenant has not be required exercised its Right of First Opportunity to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Spaceas defined herein.

Right of First Opportunity to Lease. Subject to ADDITIONAL PREMISES AT 100 XXXXX RANCH ROAD, SAN XXXXXX At any rights of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)term hereof, Landlord shall deliver or any options to extend which Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental ratehas exercised, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) provided that Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premisesas defined herein, Tenant may provide irrevocable written shall have a right of First Opportunity to Lease for all office space that becomes available for lease at 000 Xxxxx Ranch Road, San Xxxxxx, based on the terms and conditions as outlined below. Landlord and Tenant acknowledge that there are existing tenants at 000 Xxxxx Xxxxx Road, which tenants have options to renew or wish to renew their respective leases, and that these existing options and requests to renew would take precedent over the Right of First Opportunity to Lease described herein. Landlord and Tenant further acknowledge that this Right of First Opportunity to Lease shall apply only to premises, from which existing tenants vacate or which is currently vacant. Landlord shall notify Tenant in writing of the availability of additional office premises at 000 Xxxxx Xxxxx Road, San Xxxxxx within thirty (30) days of Landlord receiving notice from an existing Tenant at 000 Xxxxx Ranch Road of that Tenant's intent to vacate their premises. Landlord's notice to Landlord of Tenant’s election to expand the Premises to Tenant shall include the relevant Available Space (“Tenant’s Expansion Notice”)size of premises, the projected date at which the premises may be available, and a floor plan indicating the current configuration of the premises. Tenant shall have ten (10) days after receipt of the Availability Notice notice from Landlord to deliver notify Landlord of Tenant’s Expansion Notice. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not 's intent to lease the relevant Available Space as set forth hereinpremises which was the subject of the notice. In the event Landlord does not receive notice from Tenant of Tenant's intent to lease said available space, Tenant’s right of first opportunity with respect to that Available Space Landlord shall terminate and Landlord will have the right to lease that Available Space said space to any other person or entity upon any Tenant which Landlord chooses, and Tenant's Right of First Opportunity to lease that specific premises shall be deemed waived. In the event Tenant notifies Landlord of its intent to lease said premises, Landlord and Tenant shall proceed as soon as is reasonably possible to execute a lease agreement for the specific premises that became available. Terms and conditions of the Lease shall be based on the same terms and conditions that Landlord desires, of the lease(s) on the other space Tenant occupies in its sole discretionthe Building at the time the lease is executed. Landlord will and Tenant shall make a good faith effort to execute a Lease for the specific available space within thirty (30) days after Tenant has notified Landlord of its intent to lease said space. This Right of First Opportunity to Lease shall in no way limit the Landlord from executing leases with new tenants for terms of any length, with options to renew for any length, for those spaces for which Tenant has not be required exercised its Right of First Opportunity to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Spaceas defined herein.

Right of First Opportunity to Lease. Subject to In the event all or any rights portion of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent in Suites 100A, 110, 145 and 240 (collectively, the "ADDITIONAL SPACE") (as more particularly described on the floor plan attached hereto as Annex 3) is not then leased or occupied or all renewal rights held by the current tenant of any portion of the Additional Space shall have expired without exercise thereof, prior to Landlord offering the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)Additional Space for lease, Landlord shall deliver to Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability "OPPORTUNITY PROPOSAL NOTICE") which Opportunity Proposal Notice shall include set forth the rental rateBase Year Costs, length of term Annual Basic Rent, Additional Rent and any other pertinent terms in Landlord’s sole discretion upon Tenant Improvement Allowance at which Landlord is prepared intends to lease such Available Space market the Additional Space. Tenant shall have an option (“Availability Notice Terms”). So long as at the time of an Availability Event, (i"OPTION") Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premises, Tenant may provide irrevocable exercisable by written notice to Landlord of Tenant’s election to expand the Premises to include the relevant Available Space within thirty (“Tenant’s Expansion Notice”). Tenant shall have ten (1030) days after receipt of the Availability Opportunity Proposal Notice to deliver Tenant’s Expansion lease all of the Additional Space upon the terms and conditions contained in the Opportunity Proposal Notice. If Promptly after Tenant timely delivers Tenant’s Expansion Notice to Landlordexercises the Option, such notice shall be irrevocable Landlord and Tenant shall exercise supplement agreement to the Lease to which this Rider is attached, in a form satisfactory to Landlord and Landlord shall execute an amendment to this Tenant, incorporating the Additional Space as part of the Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereofPremises. If Tenant does not timely deliver Tenant’s Expansion Notice exercise the Option, or if Landlord and Tenant do not execute a supplemental agreement to this Lease within thirty (30) days after notice by Tenant to Landlord of its election to exercise the Option, the Option shall be deemed waived and Landlord may lease the Additional Space to third parties provided that the Annual Basic Rent, Additional Rent and tenant improvement allowance is at least ninety-five percent (95%) of the Annual Basic Rent and Additional Rent set forth in the Opportunity Proposal Notice. Prior to entering into a lease with a third party for all or otherwise elects not any 55 portion of the Additional Space, Landlord shall provide Tenant with notice of the material terms of such Lease. In the event that the Base Year Costs, Annual Basic Rent, Additional Rent and Tenant Improvement Allowance contained in the lease between Landlord and any third party to whom Landlord proposes to lease the relevant Available applicable Additional Space as are not at least ninety-five percent (95%) of the Base Year Costs, Annual Basic Rent, Additional Rent and Tenant Improvement Allowance set forth hereinin the Opportunity Proposal Notice, Tenant’s right Tenant shall have five (5) business days to lease the Additional Space on the terms and conditions set forth in the lease between Landlord and such third party. In the event Tenant does not agree to lease the Additional Space within such five (5) business day period, Tenant shall have no further rights of first opportunity with respect to that Available Space shall terminate and Landlord will have the right to lease that Available Space to any other person or entity upon any terms and conditions that Landlord desires, in its sole discretion. Landlord will not be required to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available such Additional Space.

Right of First Opportunity to Lease. Subject to any rights of granted to other tenants which exist or occupants at the time this Lease is executed and Project prior to the provisions date of this Paragraph 24.4 Second Amendment (including any tenant’s renewal of an existing lease at the Project, whether or not such time or times that the space located immediately adjacent tenant has an express right to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”renew), Landlord shall deliver to Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental rate, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) provided that Tenant is not in default under this Leasethe Lease beyond any applicable notice and cure period, (ii) this Lease is in full force and effect and (iii) the Original Tenant is open and operating in the entire Premises, Tenant may provide irrevocable written notice to Landlord of Tenant’s election to expand the Premises to include the relevant Available Space shall have a continuing right (“Tenant’s Expansion NoticeFirst Offer Lease Right”) to lease any available space within the other building located on the Project commonly known as 000 Xxxx Xxxxx (“First Offer Space”) each time any First Offer Space comes available for lease at any time during the period commencing on the date of this Second Amendment and expiring at the expiration of the Expanded Premises Term (the “Exercise Period”). The First Offer Lease Right shall be exercisable by the Original Tenant or any Affiliate only if the Original Tenant or any Affiliate is in possession of one hundred percent (100%) of the Expanded Premises. During the Exercise Period, Landlord shall give Tenant a one-time written notice (“Offer Notice”) of the availability of any First Offer Space, which Offer Notice shall include a site plan identifying such First Offer Space and a summary of the economic terms for which Landlord is willing to enter into a lease of such First Offer Space for a term equal to the greater of (a) a term that is coterminous with the Expanded Premises Term, as such may be extended by exercise of the Option, and (b) two (2) years. The parties acknowledge and agree that except with respect to such economic terms, all of the terms and provisions of the Lease shall apply to any lease by Tenant of any First Offer Space. Upon receipt by Tenant of the Offer Notice, if Tenant desires to lease such First Offer Space but objects to the economic terms set forth in the Offer Notice, Landlord and Tenant shall have negotiate in good faith in an attempt to reach an agreement with respect to the terms of a lease of such First Offer Space within ten (10) days after receipt Landlord’s delivery of the Availability Notice to deliver Tenant’s Expansion Offer Notice. If Landlord and Tenant timely delivers fail to reach agreement on the terms of Tenant’s Expansion Notice to Landlordlease of such First Offer Space within the ten (10) day period, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not thereafter be free to lease the relevant Available Space as set forth herein, Tenant’s right of first opportunity with respect to that Available Space shall terminate and Landlord will have the right to lease that Available Space such space to any other person or entity upon any third party on such terms and conditions that Landlord desires, deems appropriate in its sole discretion. Landlord will not be required and absolute discretion and Tenant shall have no further option to offer lease or right to Tenant receive any Available notice of any proposed lease with respect to such First Offer Space if until such First Offer Space subsequently becomes available for lease during the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available SpaceExercise Period.

Right of First Opportunity to Lease. Subject to ADDITIONAL PREMISES AT 100 SMITH RANCH ROAD, SAN RAFAEL At any rights of other tenants which exist at the time this Lease is executed and the provisions of this Paragraph 24.4 at such time or times that the space located immediately adjacent to the Premises (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”)texx xxreof, Landlord shall deliver or any options to xxxxxx which Tenant a written notice of the availability of the particular Available Space (the “Availability Notice”). The Availability Notice shall include the rental ratehas exercised, length of term and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as at the time of an Availability Event, (i) provided that Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premisesas defined herein, Tenant may provide irrevocable written shall have a right of first opportunity to lease for all office space that becomes available for lease at 100 Smith Ranch Road, San Rafael, based on the terms and coxxxxxxxx xx outlined below. Xxxxxxrd and Tenant acknowledge that there are existing tenants at 100 Smith Ranch Road, which tenants have options to renew xx xxx xxxx xx renew their respective leases, and that these existing options and requests to renew would take precedent over the first opportunity to lease described herein. Landlord and Tenant further acknowledge that this right of first opportunity to lease shall apply only to premises, from which existing tenants vacate or which is currently vacant. Landlord shall notify Tenant in writing of the availability of additional office premises at 100 Smith Ranch Road, San Rafael within 30 days of Landlord xxxxxxxxx xxxxxx from an exxxxxxx Tenant at 100 Smith Ranch Road of that Tenant's intent to vacate their xxxxxxxx. Landlord's notice to Landlord of Tenant’s election to expand the Premises to Tenant shall include the relevant Available Space (“Tenant’s Expansion Notice”)size of premises, the projected date at which the premises may be available, and a floor plan indicating the current configuration of the premises. Tenant shall have ten (10) 30 days after receipt of the Availability Notice notice from Landlord to deliver notify Landlord of Tenant’s Expansion Notice. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not 's intent to lease the relevant Available Space as set forth hereinpremises which was the subject of the notice. In the event Landlord does not receive notice from Tenant of Tenant's intent to lease said available space, Tenant’s right of first opportunity with respect to that Available Space Landlord shall terminate and Landlord will have the right to lease that Available Space said space to any other person or entity upon any Tenant which Landlord chooses, and Tenant's right of first opportunity to lease that specific premises shall be deemed waived. In the event Tenant notifies Landlord of its intent to lease said premises, Landlord and Tenant shall proceed as soon as is reasonably possible to execute a lease agreement for the specific premises that became available. Terms and conditions of the Lease shall be based on the same terms and conditions that Landlord desires, of the Lease(s) on the other space Tenant occupies in its sole discretionthe Building at the time the Lease is executed. Landlord will and Tenant shall make a good faith effort to execute a Lease for the specific available space within 30 days after Tenant has notified Landlord of its intent to lease said space. This right of first opportunity to lease shall in no way limit the Landlord from executing leases with new tenants for terms of any length, with options to renew for any length, for those spaces for which Tenant has not be required exercised its right of first opportunity to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Spaceas defined herein.

Right of First Opportunity to Lease. Subject to Provided that Tenant is not in breach or default of any rights of other tenants which exist at the time this Lease is executed and the terms, conditions, covenants, obligations or provisions of this Paragraph 24.4 at such time or times Lease to which this Rider is attached and provided that the originally named Tenant or Permitted Transferee (as defined in Article 19.2 of the Lease) shall be in occupancy of the Lease Premises, and in the event First Data Corporation does not renew its lease for that portion of the space located immediately adjacent in Suite 200 that is not subject to the Premises this Lease (the “Available "Additional Space”") becomes or will become vacant during prior to Landlord offering the Lease Term (an “Availability Event”)Additional Space for lease, Landlord shall deliver to Tenant a written notice of the availability of the particular Available Space (the “Availability "Proposal Notice”). The Availability ") which Proposal Notice shall include set forth the rental rateAnnual Basic Rent, length of term Additional Rent and any other pertinent terms in Landlord’s sole discretion upon tenant improvements at which Landlord is prepared intends to lease such Available Space market the Additional Space. Tenant shall have an option (“Availability Notice Terms”). So long as at the time of an Availability Event, (i"Option") Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premises, Tenant may provide irrevocable exercisable by written notice to Landlord of Tenant’s election to expand the Premises to include the relevant Available Space (“Tenant’s Expansion Notice”). Tenant shall have within ten (10) days after receipt of the Availability Proposal Notice to deliver Tenant’s Expansion lease all of the Additional Space upon the terms and conditions contained in the Proposal Notice. If Promptly after Tenant timely delivers Tenant’s Expansion Notice to Landlordexercises the Option, such notice shall be irrevocable Landlord and Tenant and Landlord shall execute an amendment exercise supplement agreement to this Lease, in a form satisfactory to Landlord and Tenant, incorporating the Additional Space as part of the Lease covering the Available Space in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. Premises, If Tenant does not timely deliver Tenant’s Expansion Notice exercise the Option, or if Landlord and Tenant do not execute a supplemental agreement to this Lease within thirty (30) days after notice by Tenant to Landlord or otherwise elects not of its election to exercise the Option, the Option shall be deemed waived and Landlord may lease the relevant Available Additional Space as to third parties provided that the Annual Basic Rent, Additional Rent and tenant improvements is at least ninety-five percent (95%) of the Rent, Additional Rent and tenant improvements set forth herein, Tenant’s right of first opportunity with respect to that Available Space shall terminate and Landlord will have in the right to lease that Available Space to any other person or entity upon any terms and conditions that Landlord desires, in its sole discretion. Landlord will not be required to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available SpaceProposal Notice.

Right of First Opportunity to Lease. Subject to any rights At all times during the term of other tenants which exist at the time this Lease is executed and any renewal terms, Tenant shall have the provisions right of this Paragraph 24.4 at such time or times that first opportunity to lease any space which becomes available in the Building. Tenant shall be informed in writing of space located immediately adjacent coming available when Xxxxxxxx learns of upcoming vacancies in the Building. In addition, prior to the Premises accepting an offer to lease from a prospective tenant (the “Available Space”) becomes or will become vacant during the Lease Term (an “Availability Event”"Third--Party Offer"), Landlord shall deliver to Tenant a written notice notification of the availability of the particular Available Space space Landlord intends to lease. Tenant shall have seven (7) business days after Landlord delivers such notification to deliver written notice to Landlord that Tenant will lease the “Availability Notice”)space offered. If Xxxxxx fails to deliver said notice, Xxxxxx's right of first opportunity shall terminate as to that space until it once again becomes available and Landlord shall be free to enter into a lease of the space to the third party who made the Third--Party Offer for a period of six (6) months from the date of the notice to Tenant. If the Landlord does not consummate a lease with the third party within said six (6) month period, Xxxxxx's right of first opportunity as to that space shall revive. If Tenant delivers notice of acceptance to Landlord within the required seven (7) day period, Tenant shall, commencing with the first day of the month which is three months from the date the existing tenant vacates the space, lease the offered space on the same terms and conditions then in effect under this Lease. The Availability Notice rental rate shall include be the rental rate, length rate paid under this Lease plus the amount of term Operating Costs and any other pertinent terms in Landlord’s sole discretion upon which Landlord is prepared to lease such Available Space (“Availability Notice Terms”). So long as Expenses paid on a square footage basis at the time of an Availability Event, (i) Tenant is not in default under this Lease, (ii) this Lease is in full force and effect and (iii) Tenant is open and operating in the entire Premises, Tenant may provide irrevocable written notice to Landlord of Tenant’s election to expand the Premises to include the relevant Available Space (“Tenant’s Expansion Notice”). Tenant shall have ten (10) days after receipt commencement of the Availability Notice to deliver Tenant’s Expansion Noticelease on the offered space. If Tenant timely delivers Tenant’s Expansion Notice to Landlord, such notice shall be irrevocable and Tenant and Landlord shall execute an amendment to this Lease covering the Available Space provide Tenant with a Tenant improvement allowance as provided in accordance with the Availability Notice Terms. Tenant must lease the entire Available Space described in the relevant Availability Notice rather than a portion thereof. If Tenant does not timely deliver Tenant’s Expansion Notice to Landlord or otherwise elects not to lease the relevant Available Space as set forth herein, Tenant’s right of first opportunity with respect to that Available Space shall terminate and Landlord will have the right to lease that Available Space to any other person or entity upon any terms and conditions that Landlord desires, in its sole discretion. Landlord will not be required to offer to Tenant any Available Space if the tenant then occupying that Available Space renews, extends or enters into a new lease of that Available Spaceparagraph 11.05.