Common use of Termination of Right of First Offer Clause in Contracts

Termination of Right of First Offer. The rights contained in this Section 1.5 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Original Tenant’s interest in this Lease) if the Original Tenant and any Permitted Transferee Assignee occupies seventy-five percent (75%) of the entire Premises as of the date of the attempted exercise of the right of first offer by Tenant and as of the scheduled date of delivery of such First Offer Space to Tenant. Tenant shall not have the right to lease First Offer Space, as provided in this Section 1.5, if, as of the date of the attempted exercise of any right of first offer by Tenant, or, as of the scheduled date of delivery of such First Offer Space to Tenant, Tenant is in material default under this Lease beyond the applicable notice and cure periods provided in this Lease or Tenant has previously been in material default under this Lease more than once during the prior twelve (12) month period.

Termination of Right of First Offer. The rights contained in this Section 1.5 5 shall be personal to the Original Tenant and any transferee pursuant to Section 14.7 of the Lease (a “Permitted Transferee AssigneeTransferee”), and may only be exercised by the Original Tenant and or any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of the Original Tenant’s interest in this Lease) if the Original Tenant and any or such Permitted Transferee Assignee occupies seventy-five percent (75%) of the entire Premises as of the date of the attempted exercise of the Premises. The right of first offer granted herein shall terminate on August 31, 2023, or upon any earlier failure by Tenant and as to exercise its right of the scheduled date of delivery of such first offer with respect to First Offer Space to Tenantas offered by Landlord. Tenant shall not have the right to lease First Offer Space, as provided in this Section 1.51.2, if, as of the date of the attempted exercise of any right of first offer by Tenant, or, or as of the scheduled date of delivery of such First Offer Space to Tenant, Tenant is in material default under this the Lease beyond the applicable notice and cure periods provided in this Lease periods, or Tenant has previously been in material default beyond applicable notice and cure periods under this Lease more than once during the prior twelve (12) month periodonce.

Termination of Right of First Offer. The Tenant’s rights contained in under this Section 1.5 1.3 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and any or a Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of the Original Tenant’s interest in this Lease) if the Original Tenant and any or a Permitted Transferee Assignee physically occupies seventy-five percent (75%) of the entire Premises as of the date of the attempted exercise of the Premises. The right of first offer granted herein shall terminate as to any space described in a First Offer Notice upon the failure by Tenant and to exercise its right of first offer with respect to such space as of the scheduled date of delivery of such First Offer Space to Tenantoffered by Landlord. Tenant shall not have the right to lease First Offer Space, as provided in this Section 1.51.3, if, as of the date of the attempted exercise of any right of first offer by Tenant, or, at Landlord’s option, as of the scheduled date of delivery of such First Offer Space to Tenant, Tenant is in material default under this Lease beyond the applicable notice and cure periods provided in this Lease or Tenant has previously been in material default under this Lease more than once during the prior in any twelve (12) month period.

Termination of Right of First Offer. The Tenant’s rights contained in under this Section 1.5 1.2 shall be personal to the Original Tenant and any Permitted Transferee Assignee, and may only be exercised by the Original Tenant and or any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Original the Tenant’s interest in this Lease) if the Original Tenant and any or its Permitted Transferee Assignee occupies seventy-five percent (75%) of the entire Premises as of the date of the attempted exercise of the Premises. The right of first offer granted herein shall terminate upon the failure by Tenant and to exercise its right of first offer as offered by Landlord, subject to the terms of the scheduled date of delivery of such First Offer Space to TenantSection 1.2.2 above. Tenant shall not have the right to lease First Offer Space, as provided in this Section 1.51.2, if, as of the date of the attempted exercise of any right of first offer by Tenant, or, at Landlord’s option, as of the scheduled date of delivery of such First Offer Space to Tenant, Tenant is in material default under this Lease beyond the applicable notice and cure periods provided in this Lease or Tenant has previously been in material default beyond the applicable notice and cure periods under this Lease more than once during the prior twelve (12) month periodLease.

Termination of Right of First Offer. The Tenant's rights contained in under this Section 1.5 1.3 shall be personal to the Original Tenant and any or a Permitted Transferee Assignee, Assignee and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of the Original Tenant’s 's interest in this the Lease) if the Original Tenant and any or a Permitted Transferee Assignee occupies seventynot less than sixty-five six percent (7566%) of the entire Premises as of the date of the attempted exercise of the Premises. The right of first offer by Tenant and granted herein shall terminate as of the scheduled date of delivery of such to particular First Offer Space upon Tenant's failure to Tenanttimely exercise its right of first offer with respect to such particular First Offer Space. Tenant shall not have the right to lease First Offer Space, as provided in this Section 1.51.3, if, as of the date of the attempted exercise of any right of first offer by Tenant, or, at Landlord's option, as of the scheduled date of delivery of such First Offer Space to Tenant, Tenant is in material default under this Lease beyond the applicable notice and cure periods provided in this Lease Lease, or Tenant has previously been in material default under this the Lease more than once twice during the prior twelve Lease Term (12) month periodbeyond the expiration of any applicable notice and cure period set forth in the Lease).

Termination of Right of First Offer. The rights contained in this Section 1.5 1.3 shall be personal to the Original Tenant and any Permitted Transferee AssigneeTransferee, and may only be exercised by the Original Tenant and any Permitted Transferee Assignee (and not by any other assignee, sublessee or other transferee of Original Tenant’s interest in this the Lease) if the Original Tenant and any Permitted Transferee Assignee occupies seventy-five percent at least three (75%3) of full floors in the entire Premises Building (whether under this Lease and/or the existing “Sublease” (as that term is defined in Section 2.1 below)) as of the date of the attempted exercise of the right of first offer by Tenant and as of the scheduled date of delivery of such First Offer Space to Tenant. Tenant shall not have the right to lease First Offer Space, as provided in this Section 1.51.3, if, as of the date of the attempted exercise of any right of first offer by Tenant, or, as of the scheduled date of delivery of such First Offer Space to Tenant, Tenant is in material default under this Lease beyond the applicable notice and cure periods provided in this Lease or Tenant has previously been in material default under this Lease beyond any applicable notice and cure period set forth in this Lease more than once during the prior twelve (12) month period.