Common use of Right of First Opportunity Clause in Contracts

Right of First Opportunity. Landlord hereby grants Tenant a "Right of -------------------------- First Opportunity" to lease any space which becomes available in the One Newport Building (the "Opportunity Space"), which space is legally described in Exhibit "A-8" attached hereto, and delineated on Exhibits "A-9" through "A-12" attached hereto. This Right of First Opportunity is subject to the following terms and conditions: (a) Availability of Opportunity Space. Opportunity Space shall be deemed --------------------------------- available for purposes of triggering Landlord's Notice (as defined below) when one hundred fifty (150) or fewer days remain in the term of any lease of any such Opportunity Space (subject, however, to any existing leases, rights of extension or other option rights of leases existing on the date hereof). If, however, the tenant who has possession of and/or rights to the affected Opportunity Space does not vacate the Opportunity Space at the end of the lease term and if Tenant elects to lease that Opportunity Space, then Landlord shall promptly undertake eviction proceedings to make the space available and pursue them to completion at its cost, but shall have no liability to Tenant for delay in delivering possession of such space. Within three (3) days of Tenant's request, Landlord shall provide Tenant with a list of all anticipated dates and square footages of Opportunity Space which may become available.

Right of First Opportunity. If Tenant shall duly and faithfully perform all of the terms, covenants and conditions of the Lease and so long as Tenant has not notified Landlord hereby grants of its desire to assign the Lease or sublet all or any portion of the Premises, Tenant a "Right shall have the right of -------------------------- First Opportunity" first opportunity to lease any space on the third floor of the Building which is contiguous to the Premises if and when such space becomes available for occupancy by other than the then existing occupant of such space upon the basic terms set forth in Landlord's notice described in the One Newport Building (the "Opportunity Space")next sentence. Said right of first opportunity shall be exercisable by written notice to Landlord within three days following Tenant's being notified by Landlord that such space will be available, which notice shall set forth the basic terms upon which Landlord is prepared to offer such space is legally described in Exhibit "A-8" attached heretoto a third party, and delineated except that Tenants' right with respect to such space on Exhibits "A-9" through "A-12" attached hereto. This Right of First Opportunity is the third floor shall be subject to the following terms leasing rights of Andexxxx Xxxsulting and conditions: (a) Availability the Fraternal Order of Opportunity SpacePolice 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. Opportunity Space If Tenant duly exercises its right of first opportunity but Tenant does not sign and deliver to Landlord an amendment to this Lease prepared by Landlord for said space within three days after being furnished with same, then Tenant's right of first opportunity shall be deemed --------------------------------- available for purposes of triggering Landlord's Notice (as defined below) when one hundred fifty (150) or fewer days remain in the term of any lease of any such Opportunity Space (subject, however, to any existing leases, rights of extension or other option rights of leases existing on the date hereof). If, however, the tenant who has possession of and/or rights to the affected Opportunity Space does not vacate the Opportunity Space at the end of the lease term null and if Tenant elects to lease that Opportunity Space, then Landlord shall promptly undertake eviction proceedings to make the space available and pursue them to completion at its cost, but shall have no liability to Tenant for delay in delivering possession of such space. Within three (3) days of Tenant's request, Landlord shall provide Tenant with a list of all anticipated dates and square footages of Opportunity Space which may become availablevoid.

Right of First Opportunity. Landlord hereby grants Subject to all other options held by existing tenants of the Buildings and provided that Tenant is not in default hereunder at the time of Tenant’s exercise of this option, Tenant shall have a "one-time right of first opportunity (the “Right of -------------------------- First Opportunity" ”) to lease any contiguous space which to the Leased Premises located in Xxxxxxx Corporate Center III (the “ROFO Space”), if and when such space becomes available in during the One Newport Building (the "Opportunity Space")Term of this Lease, which space is legally described in Exhibit "A-8" attached hereto, and delineated on Exhibits "A-9" through "A-12" attached hereto. This Right of First Opportunity is subject to the following terms and conditions:” (ab) Availability Section 2.5(i) of the Lease is hereby deleted in its entirety and replaced with the following: (i) Landlord shall notify Tenant of the available ROFO Space prior to offering such ROFO Space to any other party and set forth the terms and conditions upon which Landlord is willing to lease the ROFO Space to Tenant (“Landlord’s Notice”). Tenant shall have five (5) days from the receipt of Landlord’s Notice to exercise the Right of First Opportunity by sending written notice to Landlord of its intent to lease the ROFO Space upon the terms and conditions in Landlord’s Notice (the “Leased Expansion Space”). Opportunity Space Tenant shall be deemed --------------------------------- available to have declined a lease for purposes of triggering Landlord's Notice (as defined below) when one hundred fifty (150) the ROFO Space if its acceptance is delayed or fewer days remain in if the acceptance changes any material term of any lease of any such Opportunity Space (subject, however, to any existing leases, rights of extension or other option rights of leases existing on the date hereof). If, however, the tenant who has possession of and/or rights to the affected Opportunity Space does not vacate the Opportunity Space at the end condition of the lease term and if Tenant elects to lease that Opportunity Space, then Landlord shall promptly undertake eviction proceedings to make the space available and pursue them to completion at its cost, but shall have no liability to Tenant for delay in delivering possession of such space. Within three (3) days of Tenant's request, Landlord shall provide Tenant with a list of all anticipated dates and square footages of Opportunity Space which may become availableLandlord’s Notice.”

Right of First Opportunity. Landlord hereby grants Provided no Event of Default then exists, Tenant a will have the right of first opportunity ("Right of -------------------------- First Opportunity" ") to lease any space which that becomes available on the fourth (4th) floor of the Building. Landlord shall notify Tenant in the One Newport Building writing when said space becomes available. Tenant will then have ten (the "Opportunity Space")10) business days to respond in writing of Tenant's intent to exercise this Right of First Opportunity. If Tenant fails to respond in said (10) day period, which space is legally described in Exhibit "A-8" attached hereto, and delineated on Exhibits "A-9" through "A-12" attached hereto. This then Tenant will have waived this Right of First Opportunity is subject for said space. Upon Landlord's receipt of Tenant's written acknowledgment to exercise said Right of First Opportunity, Landlord shall have ten (10) days to provide Tenant with the terms and conditions under which the Landlord would propose 34 to lease the space 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 (30) days to negotiate and agree to the following terms and conditions: . If Landlord and Tenant have not agreed to terms and conditions during said thirty (a30) Availability of Opportunity Space. Opportunity Space shall be deemed --------------------------------- available for purposes of triggering Landlord's Notice (as defined below) when one hundred fifty (150) or fewer days remain in the term of any lease of any such Opportunity Space (subject, however, to any existing leases, rights of extension or other option rights of leases existing on the date hereof). If, however, the tenant who has possession of and/or rights to the affected Opportunity Space does not vacate the Opportunity Space at the end of the lease term and if Tenant elects to lease that Opportunity Spaceday period, then Landlord shall promptly undertake eviction proceedings be allowed to make the lease said space available and pursue them to completion at its cost, but shall have no liability to Tenant for delay in delivering possession of such spacea third party. Within three (3) days of Tenant's request, Landlord shall provide Tenant with a list of all anticipated dates and square footages of Opportunity Space which may become available.ADDITIONAL PROVISIONS