Available ROFO Space definition

Available ROFO Space means that (a) such ROFO Space is vacant and free of any present or future possessory right or option existing in favor of any third party (including, but not limited to, the current tenant or occupant of such ROFO Space and/or other occupants of the Building) granted prior to the date of this Lease, whether by rights of first offer, refusal, expansion, renewal, extension or otherwise, or (b) Landlord desires to market such ROFO Space and (i) the then existing tenant or occupant thereof has not exercised an option or negotiated to renew or extend the term of its lease or occupancy agreement and the time by which such tenant must exercise any such option has expired, or (ii) the then existing tenant or occupant thereof is not negotiating with Landlord for renewal or extension of its lease or occupancy agreement (whether or not the lease or occupancy agreement with such existing tenant or occupant contains a renewal or extension option), or (iii) Landlord reasonably expects that Landlord will receive vacant possession thereof, free of any claims or rights of any third party (including, but not limited to, other occupants of the Building) by a certain “Anticipated ROFO Space Commencement Date.” Notwithstanding anything to the contrary contained in this Lease, unless Landlord elects otherwise, no ROFO Space shall be deemed to be Available ROFO Space until after the first lease or leases entered into for each portion of such ROFO Space following the date of this Lease expires or is earlier terminated.

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Available ROFO Space means any office space in the Building which, from time to time during the Lease Term, Landlord desires to lease to parties other than the then existing occupant thereof.

Available ROFO Space means any leasable space on the fourth (4th) and sixth (6th) floors of the Building, after (i) all Superior Occupants have declined or failed to exercise their rights to lease such space, (ii) the expiration or termination of the lease or occupancy agreement (whether or not such tenant or occupant occupies such space pursuant to a written agreement) with the then tenant or occupant of such space and the failure of such tenant or occupant in such space to exercise any extension or renewal rights granted to such party, and (iii) the failure of Landlord to grant any tenant or occupant of the space the right to renew or continue its term of occupancy whether or not such rights are expressly granted by a lease or other written instrument and whether or not such right to renew or continue its term of occupancy is subsequently memorialized in a lease or written instrument (any such party described in ACTIVE/91437610.6 clauses (ii) and (iii) being an “Existing Tenant”). Tenant acknowledges and agrees that the Available ROFO Space is currently available for lease and the term “Initial Available ROFO Space Lease Up” shall refer to the initial leases (and any extensions or renewals thereof) entered into by Landlord with third party tenants for all or any portion of the Available ROFO Space (any such tenant or occupant of leases entered into as part of the Initial Available ROFO Space Lease-Up being a Superior Occupant for purposes of this Article 17 with respect to the Available ROFO Space leased to such tenant or occupant). The parties agree that the provisions of this Article 17 shall not apply to any Available ROFO Space until after the applicable Available ROFO Space has been leased by Landlord as part of the Initial Available ROFO Space Lease Up, and the tenants of the initial available ROFO Space Lease Up shall be deemed “Superior Occupants” for the purposes of this Lease.

Examples of Available ROFO Space in a sentence

Landlord shall give Tenant written notice (“Landlord’s ROFO Notice”) at the time that Landlord determines, as aforesaid, that an Available ROFO Space will become available for reletting and any applicable Prior Rights have lapsed or been waived.
If Tenant elects to lease the entirety of the Available ROFO Space, Landlord and Tenant agree to enter into an amendment to this Lease memorializing the addition of the Available ROFO Space to this Lease, but failure of the parties to execute such an amendment shall have no effect on the effectiveness of the expansion of the Premises to include the Available ROFO Space, and the economic terms associated therewith, as set forth above.
As more particularly described in, and subject to the terms of, the Lease, prior to accepting any offer to lease Available ROFO Space to a third party other than a third party with Prior Rights, Landlord will first offer such available ROFO Space to Tenant.
Available ROFO Space shall be deemed “available for reletting” when Landlord, in its sole judgment, determines that the then current tenant of the applicable Available ROFO Space will vacate the Available ROFO Space at the expiration or earlier termination of such tenant’s lease and any applicable Prior Rights have lapsed or been waived.
The Annual Fixed Rent in respect of such Available ROFO Space shall be as determined in accordance with the provisions of Section 12.1(C) above.
The Annual Fixed Rent in respect of such Available ROFO Space shall be as set forth in Landlord’s ROFO Notice, unless pursuant to Section 2.3(B) above, Landlord has accepted Tenant’s Determination, in which event the Annual Fixed Rent in respect of such Available ROFO Space shall be the Annual Fixed Rent set forth in Tenant’s Determination.
If Tenant does not timely request the Broker Determination, then the annual fixed rent for the Available ROFO Space shall be equal to the Landlord’s ROFO Space Rent Quotation.
In such event, the commencement of the term of Tenant’s occupancy and lease of such Available ROFO Space (including the obligation to pay rent thereon) shall, in the event of such holding over by such occupant, be deferred until possession of the additional space is delivered to Tenant.
The Base Year with respect to Operating Expenses for such Available ROFO Space shall be the calendar year in which the Commencement Date with respect to such Available ROFO Space occurs.
Landlord’s Special ROFO Notice shall specify the location and rentable area of the Available ROFO Space, the Annual Base Rent for the Available ROFO Space, the Base Amounts for Operating Expenses and Taxes, tenant improvement allowances (if any), and all other material terms and conditions which will apply to the Available ROFO Space.

More Definitions of Available ROFO Space

Available ROFO Space means any office space in the Building or the Additional Building which, from time to time during the Lease Term, becomes “available for reletting” (as hereinafter defined). Available ROFO Space shall be deemed “available for reletting” when Landlord reasonably determines, subject to the provisions of subsection (d) below, that the then current tenant or occupant of the Available ROFO Space will vacate such space at the expiration or earlier termination of such tenant’s lease; provided that in no event shall Landlord determine that any Available ROFO Space is available for reletting (i) more than twelve (12) months prior to the expiration or earlier termination of the existing lease of the Available ROFO Space for any Available ROFO Space consisting of less than 40,000 square feet of rentable floor area or (ii) more than eighteen (18) months prior to the expiration or earlier termination of the existing lease of the Available ROFO Space for any Available ROFO Space consisting of 40,000 square feet of rentable floor area or more.

Available ROFO Space means all rentable space in Building A, Building B, and Building C, whether now existing or hereinafter constructed, subject only to Existing Superior Rights.

Available ROFO Space means any space in the east wing of the Building which, from time to time during the Lease Term, becomes “available for reletting” (as hereinafter defined). Available ROFO Space shall be deemed “available for reletting” when Landlord reasonably determines, subject to the provisions of Section 17.1(C) below, that the then current tenant or occupant of the Available ROFO Space will vacate such space at the expiration or earlier termination of such tenant’s lease.

Available ROFO Space means any separately demised office space on Floors 8 and 11 of the Building, which, from time to time during the Lease Term, becomes “available for reletting” (as hereinafter defined). Available ROFO Space shall be deemed “available for reletting” when Landlord reasonably determines, subject to the provisions of subsection (iii) below, that the then current tenant or occupant of the Available ROFO Space will vacate such space at the expiration or earlier termination of such tenant’s lease and when Landlord intends to offer such Available ROFO Space for lease. To the extent that any of portion of the Available ROFO Space is vacant as of the Commencement Date of this Lease, the parties agree that no such vacant Available ROFO Space shall be deemed “available for reletting” until each such vacant Available ROFO Space has been leased to a third party and thereafter Landlord determines that such third party tenant of such Available ROFO Space will vacate such Available ROFO Space and when Landlord intends to again offer such Available ROFO Space for lease.

Available ROFO Space means any office space in the Building which, from time to time during the Lease Term, becomes “available for reletting” (as hereinafter defined), including, without limitation, the Third Floor Expansion Premises and the East Wing Expansion Premises to the extent not previously leased by Tenant under Sections 17.2 or 17.3 below (but only after Landlord has leased such spaces to third parties). Available ROFO Space shall be deemed “available for reletting” when Landlord reasonably determines, subject to the provisions of subsection (e) below, that the then current tenant or occupant of the Available ROFO Space will vacate such space at the expiration or earlier termination of such tenant’s lease; provided that in no event shall Landlord determine that any Available ROFO Space is available for reletting (i) more than twelve (12) months prior to the expiration or earlier termination of the existing lease of the Available ROFO Space for any Available ROFO Space consisting of less than 10,000 square feet of rentable floor area or (ii) more than eighteen (18) months prior to the expiration or earlier termination of the existing lease of the Available ROFO Space for any Available ROFO Space consisting of 10,000 square feet of rentable floor area or more.