Tenant’s Response. Within ten (10) Business Days after receipt of Landlord’s ROFO Notice, Tenant shall, by written notice delivered to Landlord, either (i) reject Landlord’s ROFO Notice, or (ii) reject Landlord’s ROFO Notice but unconditionally and irrevocably offer to lease the Offered Space from Landlord for its own use at a Base Rent rate proposed in Tenant’s response and otherwise on the terms set forth in Landlord’s ROFO Notice, or (iii) unconditionally and irrevocably accept Landlord’s offer to lease the Offered Space from Landlord for its own use on the terms set forth in Landlord’s ROFO Notice. The failure by Tenant to timely respond as aforesaid shall be deemed Xxxxxx’s rejection of Landlord’s ROFO Notice for the Offered Space under clause (i). If Landlord’s ROFO Notice is rejected under clause (i) above (or deemed rejected by Xxxxxx’s failure to timely respond), then Landlord may enter into any lease for all or part of the Offered Space on such terms and conditions (including without limitation extension or expansion rights with respect to the Offered Space or any portion thereof) as Landlord determines in its sole discretion. If Tenant timely offers to lease the Offered Space on alternative terms as set forth in clause (ii) above, then Landlord may, by written notice delivered within thirty (30) days of receipt thereof, accept or decline such offer (the failure to so respond being deemed Xxxxxxxx’s election to decline Xxxxxx’s offer). If such offer under clause (ii) is declined (or deemed declined), then, for a period of one (1) year after Xxxxxxxx’s receipt of Tenant’s offer (the “Leasing Period”), Landlord may enter into any lease for all or part of the Offered Space (which may be enlarged to include other space by up to twenty five percent of the rentable square feet without requiring any re-offer hereunder) at an effective rent (after taking into account any tenant improvement allowance) greater than ninety percent of the effective rent under Xxxxxx’s offer. If, during such Leasing Period, Landlord desires to enter into a third-party lease for all of part of such Offered Space at an effective rent less than or equal to ninety percent of the effective rent under Tenant’s offer, Landlord shall deliver to Tenant a new Landlord’s ROFO Notice for such space. If and to the extent that Xxxxxxxx does not enter into any lease for all or part of the Offered Space within such Leasing Period, Landlord shall re-commence the process under this Section before entering into a...
Tenant’s Response. Tenant and County acknowledge that Xxxxxx’s Response was valuable consideration in the award of this Lease to Tenant and is an authoritative reference for understanding the intention of the Parties. Accordingly, Tenant shall be obligated to meet all specifications described in Tenant’s Response; provided, however, that where an express provision of this Lease conflicts with any provision of Tenant’s Response, this Lease shall control. Tenant’s Response is incorporated herein by reference.
Tenant’s Response. Within ten (10) Business Days after receipt of Landlord's ROFO Notice, Tenant shall, by written notice delivered to Landlord, either (a) reject Landlord's ROFO Notice, or (b) reject Landlord's ROFO Notice but unconditionally and irrevocably offer to lease the Offered Space from Landlord for its own use at a Base Rent rate proposed in Tenant’s response and otherwise on the terms set forth in Landlord’s ROFO Notice, or (c) unconditionally and irrevocably accept Landlord’s offer to lease the Offered Space from Landlord for its own use on the terms set forth in Landlord's ROFO Notice. The failure by Tenant to timely respond as aforesaid shall be deemed Tenant's rejection of Landlord's ROFO Notice for the Offered Space under clause (a).
Tenant’s Response. If Landlord gives an Intent to Sell Notice pursuant to the provisions of this Section 44, Landlord and Tenant shall have until 5:00 p.m. Pacific time on the date which is fifteen (15) Business Days after Landlord gives its Intent to Sell Notice (the “ROFO Response Period”) within which to negotiate (in their respective sole discretion) and execute a binding purchase and sale agreement which would provide, among other things, for Tenant’s purchase of the Sale Property at the Offer Price and Tenant’s deposit of cash in an amount equal to five percent (5.0%) of the Offer Price.
Tenant’s Response. Tenant shall, within ten (10) business days after receipt of Landlord's Option Notice or Landlord's Response, as applicable, deliver to Landlord written notice ("TENANT'S RESPONSE") in which Tenant (A) accepts all terms in the Option Notice and Landlord and Tenant shall enter into an amendment to this Lease pursuant to and in accordance with this Section 30, (B) accepts the terms in the Option Notice, subject to the condition that the space configuration be further negotiated by the parties for a period of up to ten (10) additional days, at which time Tenant shall be deemed to have rejected the terms in Landlord's Option Notice or Landlord's Response, as applicable, or (c) rejects the terms set forth in the Option Notice.
