ROFR Space definition
Examples of ROFR Space in a sentence
For the avoidance of doubt, Tenant shall be required to exercise its right under this Section 39(a) with respect to all of the space described in the Pending Deal Notice, including, at Landlord’s option, any space in addition to the ROFR Space that is described in the Pending Deal Notice, which additional space shall be deemed to be included as part of the ROFR Space (the “Identified Space”).
If Landlord receives or enters into a bona fide offer, proposal or letter of intent (each, “Lease Offer”), from or with a third party to leave all or any portion of the ROFR Space, Landlord shall give Tenant a written notice thereof (“Landlord’s Lease ROFR Notice”), setting forth the terms and conditions of such Lease Offer (the “Lease Offer Terms”), including the lease term, the annual Fixed Rent per square foot (including all fixed or indexed increases to said rate) and the annual Additional Rent.
Tenant agrees that Landlord shall have the right to enter the ROFR Space to exhibit same to prospective tenants, subject to the following terms and conditions: (i) Landlord provides Tenant at least one (1) business day’s advance notice prior to such entry; (ii) Landlord shall use reasonable efforts to minimize interference with Tenant’s business operations in connection with such entry; and (iii) such entry shall only occur during reasonable hours.
From and after the Effective Date, Landlord shall have the right to actively market the ROFR Space.
If Tenant fails to timely exercise its right hereunder, then such right shall lapse as to the ROFR Space covered by the applicable Offer Notice, time being of the essence with respect to the exercise thereof, and Landlord may lease the ROFR Space to the third party submitting the applicable offer on the terms set forth in the applicable Offer Notice.