Common use of Tenant’s Response Clause in Contracts

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 lease for such space.

Appears in 2 contracts

Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)

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Tenant’s Response. Within ten (10) Business Days after receipt of Landlord’s 's ROFO Notice, Tenant shall, by written notice delivered to Landlord, either (ia) reject Landlord’s 's ROFO Notice, or (iib) reject Landlord’s '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 (iiic) 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 's ROFO Notice. The failure by Tenant to timely respond as aforesaid shall be deemed Xxxxxx’s 's rejection of Landlord’s 's ROFO Notice for the Offered Space under clause (ia). If Landlord’s 's ROFO Notice is rejected under clause (ia) above (or deemed rejected by Xxxxxx’s '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 (iib) 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 's election to decline Xxxxxx’s 's offer). If such offer under clause (iib) is declined (or deemed declined), then, for a period of one (1) year after Xxxxxxxx’s 's receipt of Tenant’s '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 lease for such space.into

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Tenant’s Response. Within ten five (105) 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 entire First Offer 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 entire First Offer 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 XxxxxxTenant’s rejection of Landlord’s ROFO Notice for the Offered First Offer Space under clause (i). If Landlord’s ROFO Notice is rejected under clause (i) above (or deemed rejected by XxxxxxTenant’s failure to timely respond), then Tenant shall have no further rights with respect to the First Offer Space, this Section 2 shall terminate automatically, and Landlord may enter into any lease or leases for all or part of the Offered First Offer Space on such terms and conditions (including without limitation extension or expansion rights with respect to the Offered First Offer Space or any portion thereof) as Landlord determines in its sole discretion. If Tenant timely offers to lease the Offered First Offer 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 XxxxxxxxLandlord’s election to decline XxxxxxTenant’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 lease for such space.

Appears in 1 contract

Samples: Lease Agreement (Ikena Oncology, Inc.)

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Tenant’s Response. Within ten seven (107) 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 offered First Offer Space from Landlord for its own use at a Base Net 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 offered First Offer 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 XxxxxxTenant’s rejection of Landlord’s ROFO Notice for the Offered offered First Offer Space under clause (i). If Landlord’s ROFO Notice is rejected under clause (i) above (or deemed rejected by XxxxxxTenant’s failure to timely respond), then Landlord may enter into any lease for all or part of the Offered offered First Offer 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, and Tenant shall thereafter have no further right to lease the offered First Offer Space under this Paragraph 2. If Tenant timely offers to lease the Offered offered First Offer Space on alternative terms as set forth in clause (ii) above, then Landlord may, by written notice delivered within thirty fifteen (3015) days of receipt thereof, accept or decline such offer (the failure to so respond being deemed XxxxxxxxLandlord’s election to decline XxxxxxTenant’s offer). If such offer under clause (ii) is declined (or deemed declined), then, for a period of one (1) year after XxxxxxxxLandlord’s receipt of Tenant’s offer (the “Leasing Period”), Landlord may enter into any lease for all or part of the Offered offered First Offer Space (which offered space may be enlarged to include other space by up to twenty twenty-five percent (25%) 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 ninety-five percent (95%) of the effective rent under XxxxxxTenant’s offer. If, during such Leasing Period, Landlord desires to enter into a third-party lease for all of part of such Offered offered First Offer Space at an effective rent less than or equal to ninety ninety-five percent (95%) 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 Landlord does not enter into any lease for all or part of the Offered offered First Offer Space within such Leasing Period, Landlord shall re-commence the process under this Section Paragraph 2 before entering into a lease for such space. If Landlord does enter into a lease in accordance with this grammatical paragraph, then Tenant shall thereafter have no further right to lease the offered First Offer Space under this Paragraph 2.

Appears in 1 contract

Samples: Lease (Rhythm Pharmaceuticals, Inc.)

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