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.
Sample 1
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.
Sample 1
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.
Sample 1

Examples of Available ROFO Space in a sentence

  • 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.

  • 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.

  • 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.

  • Following receipt of an Availability Notice, Tenant shall give to Landlord binding written notice of Tenant’s exercise of its option to so lease the Available ROFO Space within fifteen (15) business days after the Tenant’s receipt of the Availability Notice (an “Acceptance Notice”).

  • 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.

  • The ROFO shall apply to the entire Available ROFO Space that is the subject of the ROFO Space Notice, and may not be exercised with respect to only a portion thereof.

  • Except as otherwise provided herein or in the ROFO Space Notice, Tenant’s lease of the Available ROFO Space shall be upon all of the terms and conditions contained in this Lease.

  • Landlord’s ROFO Notice shall set forth the size, configuration and exact location of the Available ROFO Space, Landlord’s quotation of a proposed annual fixed rent for the Available ROFO Space, and all other material terms and conditions which will apply to the Available ROFO Space.

  • Tenant shall have the right, exercisable upon written notice (“Tenant’s ROFO Exercise Notice”) given to Landlord within ten (10) business days after the receipt of Landlord’s ROFO Notice, (i) to lease the Available ROFO Space, on the terms set forth in Landlord’s ROFO Notice, or (ii) to reject Landlord’s ROFO Notice.

  • Except as set forth in the Available ROFO Notice (and this Rider Section 2), the terms and conditions of the Lease as they apply to the Premises shall govern Tenant’s lease of the Available ROFO Space.


More Definitions of Available ROFO Space

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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1
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.
Sample 1

Related to Available ROFO Space

  • Available Space means the balance of the rentable square footage in the Building not already included as part of the Premises, which is not occupied by a tenant or which is occupied by an existing tenant whose lease is expiring within 6 months or less and such tenant does not wish to renew (whether or not such tenant has a right to renew) its occupancy of such space. If there is any Available Space in the Building, Landlord shall, at such time as Landlord shall elect so long as Tenant’s rights hereunder are preserved, deliver to Tenant written notice (the “Expansion Notice”) of such Available Space, together with the terms and conditions on which Landlord is prepared to lease Tenant such Available Space; provided that Base Rent shall be at the Market Rate (as defined in Section 40(a) below) for such Available Space. Tenant shall be entitled to exercise its right under this Section 39(a) only with respect to the entire Available Space described in such Expansion Notice (“Identified Available Space”). Tenant shall have 5 business days following delivery of the Expansion Notice to deliver to Landlord written notification of Tenant’s exercise of the Expansion Right with respect to the Identified Available Space (“Exercise Notice”). Tenant shall be entitled to lease such Identified Available Space upon the terms and conditions set forth in the Expansion Notice. If Landlord and Tenant are unable to agree on the Market Rate for the Available Space after negotiating in good faith within 5 days after Tenant’s delivery of an Exercise Notice, the applicable Market Rate will be determined through arbitration in accordance with Section 40(b). Tenant acknowledges and agrees that, if Tenant has delivered an Exercise Notice pursuant to this Section 39(a), Tenant shall have no right thereafter to rescind or elect not to lease the Available Space. Tenant acknowledges that the Term of the Lease with respect to the Identified Available Space may not be co-terminous with the Term of the Lease with respect to the original Premises. Notwithstanding anything to the contrary contained herein, Tenant shall have no right to exercise the Expansion Right and the provisions of this Section 39(a) shall no longer apply after the date that is 9 months prior to the expiration of the Base Term if Tenant has not exercised its Extension Right pursuant to Section 40. If Tenant fails to deliver an Exercise Notice to Landlord for the Identified Available Space within the required 5 business day period, Tenant shall be deemed to have forever waived its rights under this Section 39(a) to lease the Identified Available Space, and Landlord shall have the right to lease the Identified Available Space to any third party on any terms and conditions acceptable to Landlord.

  • Parking Space The County shall attempt to provide adequate free parking facilities for employees within a reasonable distance of their work locations.

  • Expansion Space means any space in the Building which, at any time during the Lease Term, is occupied by a Person other than Landlord under a written lease with Landlord, and the term “Tenant’s Expansion Space” means Expansion Space which Tenant has elected to lease as provided in this paragraph. Landlord agrees to notify Tenant promptly after Landlord learns that any Expansion Space is or will become available. Subject to the prior rights of other tenants to whom Landlord has granted substantially similar rights, Tenant has the option to lease any Expansion Space which Landlord notifies Tenant is or will become available. If Tenant gives Landlord notice of its exercise of this option within thirty (30) days after notification from Landlord of the availability of the Expansion Space and if no Event of Default exists when Tenant’s notice is given, this Lease will be deemed to be amended to include Tenant’s Expansion Space as part of the Premises for the remainder of the Lease Term upon all of the same terms contained in this Lease except that (i) the Rentable Area of the Premises will be amended to include Tenant’s Expansion Space; (ii) Tenant’s Share will be increased to include the rentable area of Tenant’s Expansion Space; (iii) the Term Commencement Date with respect to Tenant’s Expansion Space will be the earlier of sixty (60) days after the date on which Tenant’s Expansion Space becomes vacant and ready for occupancy (provided that date is at least sixty (60) days after Tenant exercises its option to lease the Expansion Space), or the date on which the Expansion Space is first occupied by Tenant; (iv) if Tenant’s Expansion Space contains a rentable area of 10,000 square feet or more, and if there are less than three (3) Lease Years remaining in the Lease Term, the Lease Term will be extended to include three (3) full years from the Term Commencement Date with respect to Tenant’s Expansion Space; and (v) subject to adjustment during each Fixed Rental Period as provided in Exhibit E, Basic Rent for each year of the remaining Lease Term (as it may be extended) will be the greater of (a) the Basic Rent last paid by the Person most recently occupying Tenant’s Expansion Space or (b) Market Rent determined as provided in the Rent Rider attached as Exhibit E. If Tenant exercises this option, Tenant’s Expansion Space will be leased to Tenant in its “as is” condition and Tenant will, at its expense and in compliance with the provisions of Section 7.06, design and construct all Improvements desired by Tenant for its use and occupancy. Landlord and Tenant agree to execute such amendments to this Lease and other instruments as either of them considers necessary or desirable to reflect Tenant’s exercise of this option.

  • Collocation Space means an area of space located in a building to be used by CLEC to house telecommunications equipment that is necessary for interconnection or access to UNEs. Additionally, roof or wall space used for wireless interconnection shall be included in the definition where applicable.

  • Public space means any real property or structures thereon that are owned, leased, or controlled by a governmental entity.

  • Parking Spaces means spaces in or portions of the ground floor of the new building and also spaces in the open compound at the ground level of the premises for parking of motor cars, two wheelers and other vehicles permitted by the vendor.

  • Habitable room means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping or eating purposes.

  • Lease Period means each of the consecutive periods throughout the Basic Term and any Renewal Term ending on a Lease Period Date, the first such period commencing on and including the Delivery Date.

  • Storage Space means a space where goods of non-hazardous nature are stored and includes cold storage and banking safe vaults;

  • Leased space means a self−service storage unit or a space located within a self−service storage facility that a lessee is enti- tled to use for the storage of personal property on a self−service basis pursuant to a rental agreement and that is not rented or pro- vided to the lessee in conjunction with property for residential use by the lessee.

  • Open space means undeveloped land, a naturally landscaped area, or a formal or man-made landscaped area that provides a connective link or a buffer between other resources.

  • Licensed Space means the indoor and outdoor space on the premises approved by the department for the purpose of providing licensed child care.

  • Rentable Area of the Premises The amount of square footage set forth in Section 1.01(10).