Common use of Right of First Opportunity Clause in Contracts

Right of First Opportunity. Provided that Tenant has fully and timely performed all of its obligations hereunder, at any time that space becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part), When the Option Space becomes available, Landlord shall notify Tenant of the details of the Option Space and the terms on which Landlord is willing to lease it. Tenant shall have 5 business days after receipt of Landlord’s notice to notify Landlord that Tenant elects to lease the Option Space on those terms. If Tenant notifies Landlord that it wishes to lease the space, Landlord shall prepare either a new lease for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document to Landlord within 5 days after receipt or Tenant shall be deemed to have withdrawn its exercise of the right of first opportunity. This right of first opportunity is (a) personal to Tenant and may not be exercised by any subtenant or assignee of Tenant, and (b) subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlord.

Right of First Opportunity. Provided that Tenant has fully and timely performed all of its obligations hereunder, at any time that space adjacent to the Premises on the second floor becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part), . When the Option Space becomes available, Landlord shall notify Tenant of the details size, location and estimated date of availability of the Option Space and the terms on which Landlord is willing to lease itinterested in leasing the space. Tenant shall have 5 business days after receipt of Landlord’s notice to notify Landlord that whether or not Tenant elects to lease is interested in leasing the Option Space on those termsSpace. If Tenant notifies Landlord that it wishes to lease the spaceis interested within that time period, Landlord shall prepare either will negotiate in good faith with Tenant for the next 7 business days to reach agreement on a new lease or lease amendment for the Option Space. If the parties are not able to reach agreement and sign a lease or lease amendment for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document to within that 7 business day period, Landlord within 5 days after receipt or Tenant shall be deemed free to have withdrawn its exercise of lease the right of first opportunityspace to any other party. This right Right of first opportunity First Opportunity is (a) personal to Tenant and may not be exercised by any subtenant or assignee of Tenant, and (b) subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlord.

Right of First Opportunity. Provided that Landlord shall provide Tenant has fully and timely performed all with a Right of its obligations hereunderFirst Opportunity, at any time that subject to the existing Right of First Information in favor of Data Dimensions, Stamps.com Right of First Offer or Renewal in favor of EartxXxxx, xxginning in the 13th month of the Lease Term. In the event additional space becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part), When the Option Space becomes availablelease, Landlord shall notify provide Tenant with notice of the details of the Option Space availability to lease and the terms on which Landlord is willing to lease itdate thereof. Tenant shall have 5 ten (10) business days after from receipt of Landlord’s notice to notify Landlord that Tenant elects exercise Right of First Offer in writing to lease the Option Space on those termsLandlord. If Tenant notifies Landlord that it wishes does not respond in writing to Landlord, this Right of First Opportunity shall be deemed waived for the said space for a period of one (1) year, or until said space becomes available again (to be no sooner than six months). If Tenant does respond and does wish to lease the space, terms and conditions for space leased under this option shall be consistent with terms and conditions for comparable space in the Bellevue area at then prevailing market rents. Should Tenant and Landlord shall prepare either a new lease not come terms for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document to Landlord option space within 5 thirty (30) days after Landlord's receipt or Tenant of Tenant's notice, then rent shall be deemed to have withdrawn its exercise determined by arbitration using the same procedures described in Exhibit G of the right of first opportunitythese Lease. This right of first opportunity is (a) personal to Tenant and may not be exercised by any subtenant or assignee of Tenant, and (b) subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available exercise this option if the Tenant is then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlordin default under this lease.

Right of First Opportunity. Provided that Tenant has fully Before and timely performed all of its obligations hereunder, at any time that space becomes available for lease after initially having been leased to and occupied by a third party (during the “Option Space”)Lease Term, Tenant shall have a right of first opportunity (each, a "Right of First Opportunity") to lease rentable area in Building B before it is leased and as portions of it become available from time to time upon the Option expiration or termination of a lease to another tenant (each such portion being referred to herein as an "Additional Space") on such terms and conditions that Landlord is prepared to accept in view of market conditions at the time for comparable space in projects like the Project. Before entering into a lease for Additional Space (in whole, not in part), When the Option and when Landlord has reason to believe Additional Space becomes will become available, Landlord shall notify Tenant of give written notice thereof to Tenant. The notice shall contain a proposal to add the details of Additional Space to the Option Space leased Premises and to otherwise amend the terms on which Lease provision relating to Fixed Rent and such other provisions as Landlord is willing to lease itproposes in connection with the Additional Space. Tenant shall thereafter have 5 10 business days after receipt of Landlord’s in which to deliver notice to notify Landlord indicating that Tenant elects to it will or will not lease the Option Additional Space on those termsthe terms set forth in Landlord's notice. If Tenant notifies Landlord that it wishes Tenant's failure to lease the space, Landlord shall prepare either a new lease for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document deliver such notice to Landlord within 5 days after receipt or Tenant such 10-day period shall be deemed to have withdrawn its exercise be a rejection, and Landlord shall be free to lease the Additional Space as it sees fit. The Right of the right of first opportunity. This right of first opportunity is (a) personal First Opportunity shall apply only with respect to Tenant an entire Additional Space, and may not be exercised by any subtenant or assignee with respect to only a portion of Tenant, and (b) subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlordit.

Right of First Opportunity. Provided that Tenant has fully and timely performed all If, during the Term hereof, additional space of its obligations hereunder, at any time that space Sublandlord on the first floor of the Building becomes available for lease after initially having been leased and Sublandlord determines to and occupied by a third party re-sublease all or part of same, or Sublandlord determines to sublease all or part of Sublandlord’s space in the Park View Building (collectively, the “Option Right of First Opportunity Space”), Tenant shall have a right of first opportunity to lease the Option Space (in whole, not in part), When the Option Space becomes available, Landlord Sublandlord shall notify Tenant Subtenant of the details of the Option Space and the terms on Base Monthly Rent at which Landlord Sublandlord is willing to lease itthe offered Right of First Opportunity Space. Tenant shall have 5 If Subtenant elects, by written notice to Sublandlord within five (5) business days after receipt of LandlordSublandlord’s notice to notify Landlord that Tenant elects notice, to lease the Option offered Right of First Opportunity Space on those termsfor such Base Monthly Rent, such Right of First Opportunity Space shall be leased to Subtenant pursuant to this Sublease at the specified Base Monthly Rent commencing at such date as the parties shall mutually agree and in no event later than the date which is thirty (30) days from the date of Subtenant’s notice of exercise hereunder, subject to Landlord’s approval. If Tenant notifies Landlord that it wishes to lease the space, Landlord Sublandlord and Subtenant shall prepare either a new lease for the Option Space or promptly execute an amendment to this Lease Sublease reflecting the addition of such Right of First Opportunity Space to the Premises (and redefining the Building to include the Park View Building, if applicable) and the Base Monthly Rent applicable thereto. If Subtenant does not timely exercise its rights hereunder, Sublandlord may lease the Right of First Opportunity Space to third parties for an amount equal to or greater than the Option Space and Tenant must execute and return Base Monthly Rent specified in Sublandlord’s notice. In no event shall Subtenant have the document right to Landlord within 5 days after receipt or Tenant shall be deemed to have withdrawn its exercise lease less than all of the right Right of first opportunity. This right of first opportunity is (a) personal to Tenant and may not be exercised First Opportunity Space offered by any subtenant or assignee of Tenant, and (b) subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with LandlordSublandlord.

Right of First Opportunity. Provided that Tenant has fully and timely performed all of its obligations hereunder, at any time that space becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”), Tenant shall have a right of first opportunity to lease available space in the building (“Option Space (in whole, not in part), Space”) for either an expansion or a relocation of their Premises. When the Option Space becomes available, Landlord shall notify Tenant of the details of the Option Space and the terms on which Landlord is willing to lease it. Tenant shall have 5 10 business days after receipt of Landlord’s notice to notify Landlord that Tenant elects to lease the Option Space on those terms. If Tenant notifies Landlord that it wishes to lease the space, Landlord shall prepare either a new lease for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document to Landlord within 5 7 days after receipt or Tenant shall be deemed to have withdrawn its exercise of the right of first opportunity. This right of first opportunity is (a) personal to Tenant and may not be exercised by any subtenant or assignee of Tenant, and (b) subject to all rights granted to other tenants as of the date hereof. Similarly, the Option Space shall not be considered available if the then current tenant of that space wishes to remain there via exercise of a renewal right or by negotiation with Landlord.

Right of First Opportunity. Provided that Tenant has fully and timely performed all Throughout the term of its obligations hereunder, at any time that space becomes available for lease after initially having been leased to and occupied by a third party (the “Option Space”)this Sublease, Tenant shall have a the continuing right of first opportunity to lease available space, leased by Landlord from Master Landlord, in the Option Space Building. Whenever any such space (in whole, the “ROFO Space”) becomes available (which availability shall not in part), When the Option Space becomes available, include space for which a current tenant has a renewal right) Landlord shall notify Tenant in writing of the details of the Option Space specific available space, and the base rental, tenant finish allowance, expense stop, length of primary term, estimated commencement date, length of any extension options to extend and any other material and/or economic terms (the “Material Terms”) on which Landlord is willing intends to lease itthe ROFO Space. Landlord’s notice to Tenant shall constitute an offer to lease the ROFO Space to Tenant on such terms. Tenant shall have 5 business thirty (30) days after from receipt of Landlord’s notice to notify Landlord that accept or reject the offer. Unless Tenant elects to lease the Option Space on those terms. If Tenant notifies Landlord that it wishes to lease the space, Landlord shall prepare either a new lease for the Option Space or an amendment to this Lease for the Option Space and Tenant must execute and return the document delivers written notice of acceptance to Landlord within 5 days after receipt or the thirty (30) day period, Tenant shall be deemed to have withdrawn its exercise of rejected the offer. If Tenant rejects, or is deemed to have rejected, the offer, Landlord shall have the right to lease the ROFO Space in its sole discretion. If Tenant delivers timely written notice of first opportunity. This right acceptance of first opportunity is (a) personal Landlord’s offer to lease the ROFO Space, Landlord shall lease the ROFO Space to Tenant and may not be exercised by any subtenant or assignee of Tenant, and (b) subject on the Material Terms applicable to all rights such ROFO Space. Any right granted to other tenants Tenant in this Section 11.8 shall be subject to, both as of to the date hereof. Similarlyright itself and to the offer at the time it is made, the Option Space shall not be considered available if the then current tenant consent of that space wishes to remain there via exercise of a renewal right or by negotiation with Master Landlord.