Common use of Right of First Opportunity Clause in Contracts

Right of First Opportunity. In the event that at any time during the Lease Term any space contiguous to the Premises on the third floor of the Building becomes available for lease, Landlord shall notify Tenant in writing and offer to lease such space for a period co-terminous with this Lease and at the rental rates and upon such other terms and conditions as are then being offered by Landlord to the general public for such space; provided, however, Landlord shall not be required to offer to lease any such space to Tenant unless this Lease is in full force and effect and Tenant is not in default hereunder. Tenant shall have ten (10) Business Days after receipt of such notice to accept such offer to lease the space designated in Landlord’s notice (hereinafter referred to as the “Expansion Space”) by delivering written notice of such acceptance to Landlord within such ten (10) Business Day period. Time shall be of the essence with respect to the time period set forth herein. In the event Tenant declines or fails to accept Landlord’s offer to lease the Expansion Space in the manner and within the time period set forth herein, then the right of Tenant to lease the Expansion Space designated in Landlord’s notice shall terminate and be null and void as to such space and Landlord, in its sole discretion, may thereafter lease such space to any third party. If Tenant accepts Landlord’s offer to lease the Expansion Space in the manner and within the time period set forth herein, then the following terms and provisions shall apply:

Right of First Opportunity. In Provided no Event of Default then exists, Tenant will have the event right of first opportunity ("Right of First Opportunity") to lease space that at any time during the Lease Term any space contiguous to the Premises becomes available on the third fourth (4th) floor of the Building becomes available for lease, Building. Landlord shall notify Tenant in writing and offer when said space becomes available. Tenant will then have ten (10) business days to lease such space respond in writing of Tenant's intent to exercise this Right of First Opportunity. If Tenant fails to respond in said (10) day period, then Tenant will have waived this Right of First Opportunity for a period co-terminous with this Lease and at the rental rates and upon such other terms and conditions as are then being offered by Landlord said space. Upon Landlord's receipt of Tenant's written acknowledgment to the general public for such space; provided, howeverexercise said Right of First Opportunity, Landlord shall not be required to offer to lease any such space to Tenant unless this Lease is in full force and effect and Tenant is not in default hereunder. Tenant shall have ten (10) Business Days after receipt of such notice days to accept such offer provide Tenant with the terms and conditions under which the Landlord would propose 34 to lease the space designated in Landlord’s notice to Tenant, which terms and condition shall reflect what Landlord reasonably believes to be a market proposal for such space. Landlord and Tenant shall then have thirty (hereinafter referred 30) days to as negotiate and agree to the “Expansion Space”terms and conditions. If Landlord and Tenant have not agreed to terms and conditions during said thirty (30) by delivering written notice of such acceptance to day period, then Landlord within such ten (10) Business Day period. Time shall be of the essence with respect to the time period set forth herein. In the event Tenant declines or fails to accept Landlord’s offer allowed to lease the Expansion Space in the manner and within the time period set forth herein, then the right of Tenant to lease the Expansion Space designated in Landlord’s notice shall terminate and be null and void as to such space and Landlord, in its sole discretion, may thereafter lease such said space to any a third party. If Tenant accepts Landlord’s offer to lease the Expansion Space in the manner and within the time period set forth herein, then the following terms and provisions shall apply:ADDITIONAL PROVISIONS

Right of First Opportunity. In If Tenant shall duly and faithfully perform all of the event that at any time during terms, covenants and conditions of the Lease Term and so long as Tenant has not notified Landlord of its desire to assign the Lease or sublet all or any portion of the Premises, Tenant shall have the right of first opportunity to lease space contiguous to the Premises on the third floor of the Building which is contiguous to the Premises if and when such space becomes available for lease, Landlord shall notify Tenant in writing and offer to lease occupancy by other than the then existing occupant of such space for a period co-terminous with this Lease and at upon the rental rates and upon such other basic terms and conditions as are then set forth in Landlord's notice described in the next sentence. Said right of first opportunity shall be exercisable by written notice to Landlord within three days following Tenant's being offered notified by Landlord to that such space will be available, which notice shall set forth the general public for such space; provided, however, basic terms upon which Landlord shall not be required is prepared to offer to lease any such space to Tenant unless this Lease is in full force and effect and Tenant is not in default hereunder. Tenant shall have ten (10) Business Days after receipt of such notice to accept such offer to lease the space designated in Landlord’s notice (hereinafter referred to as the “Expansion Space”) by delivering written notice of such acceptance to Landlord within such ten (10) Business Day period. Time shall be of the essence a third party, except that Tenants' right with respect to such space on the time period set forth hereinthird floor shall be subject to the leasing rights of Andexxxx Xxxsulting and the Fraternal Order of Police with respect thereto, for a term expiring on January 31, 1999 or, if Tenant has exercised its option to extend pursuant to paragraph R-5 below, January 31, 2004 or January 31, 2009, as the case may be. In the event If Tenant declines or fails duly exercises its right of first opportunity but Tenant does not sign and deliver to accept Landlord’s offer Landlord an amendment to lease the Expansion Space in the manner and this Lease prepared by Landlord for said space within the time period set forth hereinthree days after being furnished with same, then the Tenant's right of Tenant to lease the Expansion Space designated in Landlord’s notice first opportunity shall terminate and be null and void as to such space and Landlord, in its sole discretion, may thereafter lease such space to any third party. If Tenant accepts Landlord’s offer to lease the Expansion Space in the manner and within the time period set forth herein, then the following terms and provisions shall apply:void.

Right of First Opportunity. In During the event that at any time during the Lease Term any space contiguous to the Premises on the third floor of the Lease, Tenant shall have a right of first opportunity to lease available space in the Building becomes available comprising 10,000 square feet or more prior to that space being offered to third parties for lease, on the terms set forth in this Section. If Landlord wishes to lease an available area in the Building and if that space is at least 10,000 square feet in size, Landlord shall notify Tenant in writing and first offer to lease such that space (the "Opportunity Space") to Tenant for a period co-terminous with this Lease and ten year term at the rental rates rate(s) and upon such other tenant improvement terms and conditions as are then being offered by that Landlord is willing to the general public for such space; provided, however, Landlord shall not be required to offer to lease any such space to Tenant unless this Lease is in full force and effect and Tenant is not in default hereunderaccept from a third party. Tenant shall have ten (10) Business Days after receipt of such notice 10 days within which to accept such offer notify Landlord in writing that it elects to lease the space designated in and to reach agreement with Landlord on all the terms, conditions and rental rate for the Opportunity Space. If the parties reach agreement on the terms (including commencement date), conditions and rental rate, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by Landlord’s notice (hereinafter referred , then such right shall be deemed to as the “Expansion Space”) by delivering written notice of such acceptance to Landlord within such ten (10) Business Day period. Time have lapsed and shall be of no further force or effect as to that notification by Landlord. Landlord may thereafter freely lease all or a portion of the essence with respect Opportunity Space to the time period set forth hereinany other party, at any time, on any terms, in Landlord's sole discretion. In the event Tenant declines or fails to accept Landlord’s offer to lease the Expansion Space in the manner and within the time period set forth herein, then the The right of Tenant to lease the Expansion Space designated in Landlord’s notice first opportunity shall terminate and be null and void as to such space and if Tenant is in default under the Lease at the date Landlord would otherwise notify Tenant of Landlord, in its sole discretion, may thereafter lease such space to any third party. If Tenant accepts Landlord’s offer to lease the Expansion Space in the manner and within the time period set forth herein, then the following terms and provisions shall apply:'s Offer or at any