Common use of Amendment to Lease Clause in Contracts

Amendment to Lease. If Tenant timely exercises Tenant’s right to lease First Offer Space as set forth herein, then within fifteen (15) business days thereafter, Landlord and Tenant shall execute an amendment to this Lease upon the terms and conditions as set forth in the First Offer Notice and this Section 1.5 (the “First Offer Space Amendment”). The First Offer Space Amendment shall include an acknowledgment by Landlord’s Portfolio Manager that to the actual knowledge of such person, with any personal liability or duty of investigation, Landlord has not received from the applicable governmental agencies any written notice of violation or violations (or claim thereof) with regard to (x) the First Offer Space, (y) the Building, or (z) the Applicable Laws existing as of the date of the First Offer Space Amendment. Notwithstanding the foregoing, an otherwise valid exercise of Tenant’s right of first offer shall be of full force and effect irrespective of whether such amendment or new lease is timely signed by Landlord and Tenant. Tenant shall commence payment of Rent for the First Offer Space, and the term of the First Offer Space shall commence upon the date set forth in the First Offer Notice (the “First Offer Commencement Date”) and shall terminate upon the date set forth in the First Offer Notice; provided, however, in the event that the expiration of the Lease Term is three (3) or more years from the anticipated First Offer Commencement Date, then the term pertaining to the First Offer Space shall expire coterminously with the expiration or earlier termination of this Lease. The period commencing on the First Offer Commencement Date and ending upon the date set forth in the First Offer Notice or the expiration or earlier termination of this Lease, as applicable based on the foregoing sentence, shall be referred to herein as the “First Offer Term”.

Amendment to Lease. If Tenant timely exercises Tenant’s right to lease the Right of First Offer Space as set forth herein, then within fifteen (15) business days thereafter, Landlord and Tenant shall as soon as reasonably practicable thereafter execute an a lease amendment to this Lease (the “ROFO Amendment”) for such Offer Space upon the terms and conditions as set forth in the First Offer Notice and this Section 1.5 (the “First Offer Space Amendment”). The First Offer Space Amendment shall include an acknowledgment by Landlord’s Portfolio Manager that to the actual knowledge of such person2.9; provided, with any personal liability or duty of investigation, Landlord has not received from the applicable governmental agencies any written notice of violation or violations (or claim thereof) with regard to (x) the First Offer Space, (y) the Building, or (z) the Applicable Laws existing as of the date of the First Offer Space Amendment. Notwithstanding the foregoinghowever, an otherwise valid exercise of Tenant’s the right of first offer shall be of full force and effect irrespective of fully effective whether such or not a lease amendment or new lease is timely signed by Landlord and Tenantexecuted. Tenant shall commence payment of Rent for the First Offer Space, and the term of the Offer Space (the “First Offer Space Term”) shall commence upon the that date set forth in the First Offer Notice (the “First Offer Commencement Date”) and shall terminate upon the date as is set forth in the First Offer Notice; provided, however, in the event that the expiration or as otherwise determined as part of the Lease Term is three (3) or more years from determination of Fair Market Value of the anticipated First Offer Commencement Date, then the term pertaining to the First Offer Space in accordance with Section 2.8(b) above, and shall expire terminate coterminously with the expiration or earlier termination of this Lease. The period commencing Landlord shall use reasonable efforts to deliver the Offer Space to Tenant on the ROFO Target Delivery Date; provided, however, if Landlord is unable to deliver possession of the Offer Space to Tenant on the ROFO Target Delivery Date for any reason whatsoever, neither the Lease nor Tenant’s obligation to lease the Offer Space hereunder shall be void or voidable, nor shall any such delay in delivery of possession of the Offer Space operate to extend the Term with respect to the Offer Space or the balance of the Premises, or amend the First Offer Commencement Date and ending upon or Tenant’s other obligations with respect to the date set forth in Offer Space or under the First Offer Notice or the expiration or earlier termination of this Lease, as applicable based on the foregoing sentence, shall be referred to herein as the “First Offer Term”.

Amendment to Lease. If Tenant timely exercises Tenant’s right to lease the Right of First Offer Space as set forth herein, then then, within fifteen (15) business days thereafterthereafter (or, if the First Offer Rent is determined by arbitration, within fifteen (15) days after such determination), Landlord and Tenant shall execute an amendment to this Lease for such Offer Space upon the terms and conditions as set forth in the First Offer Notice and this Section 1.5 (the “First Offer Space Amendment”). The First Offer Space Amendment shall include an acknowledgment by Landlord’s Portfolio Manager that to the actual knowledge of such person1.3; provided, with any personal liability or duty of investigation, Landlord has not received from the applicable governmental agencies any written notice of violation or violations (or claim thereof) with regard to (x) the First Offer Space, (y) the Building, or (z) the Applicable Laws existing as of the date of the First Offer Space Amendment. Notwithstanding the foregoinghowever, an otherwise valid exercise of Tenant’s right Right of first offer First Offer shall be of full force and effect irrespective of fully effective whether such or not a lease amendment or new lease is timely signed by Landlord and Tenantexecuted. Tenant shall commence payment of Rent for the First such Offer Space, and the term of such Offer Space (the “First Offer Space Term”) shall commence upon the such commencement date set forth in the First Offer Notice (the “First Offer Commencement Date”) and shall terminate expire upon the date set forth in the First Offer Notice. Landlord shall use reasonable efforts to deliver the Offer Space to Tenant in the condition required by Section 1.3.4 above on the ROFO Target Delivery Date; provided, however, if Landlord is unable to deliver possession of the Offer Space to Tenant on the ROFO Target Delivery Date for any reason whatsoever, neither the Lease nor Tenant’s obligation to lease the Offer Space hereunder shall be void or voidable, nor shall any such delay in delivery of possession of the event that the expiration of Offer Space operate to extend the Lease Term is three (3) or more years from the anticipated First Offer Commencement Date, then the term pertaining with respect to the First Offer Space shall expire coterminously with or the expiration balance of the Premises, or earlier termination of this Lease. The period commencing on amend the First Offer Commencement Date and ending upon or Tenant’s other obligations with respect to the date set forth in Offer Space or under the First Offer Notice or the expiration or earlier termination of this Lease, as applicable based on the foregoing sentence, shall be referred to herein as the “First Offer Term”.

Amendment to Lease. If Tenant timely exercises Tenant’s right to lease the First Offer Space as set forth herein, then within fifteen (15) business days thereafter, Landlord and Tenant shall promptly thereafter execute an a lease amendment to this Lease for such First Offer Space upon the terms and conditions as set forth in the First Offer Notice and this Section 1.5 (the “First Offer Space Amendment”). The First Offer Space Amendment shall include an acknowledgment by Landlord’s Portfolio Manager that to the actual knowledge of such person2.6; provided, with any personal liability or duty of investigation, Landlord has not received from the applicable governmental agencies any written notice of violation or violations (or claim thereof) with regard to (x) the First Offer Space, (y) the Building, or (z) the Applicable Laws existing as of the date of the First Offer Space Amendment. Notwithstanding the foregoinghowever, an otherwise valid exercise of Tenant’s such right of first offer shall be of full force and effect irrespective of fully effective whether such or not a lease amendment or new lease is timely signed by Landlord and Tenantexecuted. Tenant shall commence payment of Rent for the First Offer Space, and the term (the “First Offer Term”) of the First Offer Space shall commence upon the such commencement date set forth in the First Offer Notice (the “First Offer Commencement Date”) as is determined as a part of the determination of the Fair Market Value of the First Offer Space in accordance with Section 2.6(c), above, and shall terminate upon on the date set forth in the First Offer Notice; provided, however, provided that in the event that Tenant exercises its right of first offer (i) (x) during the expiration initial Term of this Lease or (y) during the Lease Renewal Term is with respect to First Offer Space consisting of more than 10,000 rentable square feet of space and (ii) the First Offer Notice sets forth a First Offer Term longer than three (3) or more years from the anticipated years, then Tenant, may designate in its First Offer Commencement DateExercise Notice, then the term pertaining that Tenant desires to lease the First Offer Space shall expire coterminously with for a period of three (3) years only. In the expiration or earlier termination of this Lease. The period commencing on event that Tenant fails to make such a designation in the First Offer Commencement Date and ending upon Exercise Notice, then the date First Offer Term shall be as set forth in the First Offer Notice or Notice. In the expiration or earlier termination event that Tenant exercises its right of first offer pursuant to the terms of this LeaseSection 2.6 during the Renewal Term with respect to First Offer Space consisting of 10,000 rentable square feet or less, as applicable based then the First Offer Term shall expire on the foregoing sentence, shall be referred to herein as the “First Offer Term”Renewal Term Expiration Date.

Amendment to Lease. If Tenant timely exercises Tenant’s right to lease the Suite 202 Right of First Offer Space as set forth herein, then then, within fifteen (15) business days thereafter, Landlord and Tenant shall execute an amendment to this the Lease for such Suite 202 Offer Space upon the terms and conditions as set forth in the First Suite 202 Offer Notice and this Section 1.5 (the “First Offer Space Amendment”). The First Offer Space Amendment shall include an acknowledgment by Landlord’s Portfolio Manager that to the actual knowledge of such person8; provided, with any personal liability or duty of investigation, Landlord has not received from the applicable governmental agencies any written notice of violation or violations (or claim thereof) with regard to (x) the First Offer Space, (y) the Building, or (z) the Applicable Laws existing as of the date of the First Offer Space Amendment. Notwithstanding the foregoinghowever, an otherwise valid exercise of Tenant’s right Suite 202 Right of first offer First Offer shall be of full force and effect irrespective of fully effective whether such or not a lease amendment or new lease is timely signed by Landlord and Tenantexecuted. Tenant shall commence payment of Rent for the First such Suite 202 Offer Space, and the term of the First such Suite 202 Offer Space (the “Suite 202 Offer Term”) shall commence upon such commencement date (the “Suite 202 Offer Commencement Date”) and expire upon the date set forth in the First Suite 202 Offer Notice (Notice. Landlord shall use reasonable efforts to deliver the “First Suite 202 Offer Commencement Date”) and shall terminate upon the date set forth Space to Tenant in the First Offer Noticecondition required by Section 8.4 above on the Suite 202 ROFO Target Delivery Date; provided, however, if Landlord is unable to deliver possession of the Suite 202 Offer Space to Tenant on the Suite 202 ROFO Target Delivery Date for any reason whatsoever, neither the Lease nor Tenant’s obligation to lease the Suite 202 Offer Space hereunder shall be void or voidable, nor shall any such delay in delivery of possession of the event that the expiration of Suite 202 Offer Space operate to extend the Lease Term is three (3) or more years from the anticipated First Offer Commencement Date, then the term pertaining with respect to the First Suite 202 Offer Space shall expire coterminously with or the expiration balance of the Premises, or earlier termination of this Lease. The period commencing on amend the First Suite 202 Offer Commencement Date and ending upon or Tenant’s other obligations with respect to the date set forth in Suite 202 Offer Space or under the First Offer Notice or the expiration or earlier termination of this Lease, as applicable based on the foregoing sentence, shall be referred to herein as the “First Offer Term”.

Amendment to Lease. If Tenant timely exercises Tenant’s right to lease the Right of First Offer Space as set forth herein, then then, within fifteen (15) business days thereafterthereafter (or, if the First Offer Rent is determined by arbitration, within fifteen (15) days after such determination), Landlord and Tenant shall execute an amendment to this Lease (the “ROFO Lease Amendment”) for such Offer Space upon the terms and conditions as set forth in the First Offer Notice (i.e., Rent, square footage and any allowances for the Offer Space) and this Section 1.5 (the “First Offer Space Amendment”). The First Offer Space Amendment shall include an acknowledgment by Landlord’s Portfolio Manager that to the actual knowledge of such person1.3; provided, with any personal liability or duty of investigation, Landlord has not received from the applicable governmental agencies any written notice of violation or violations (or claim thereof) with regard to (x) the First Offer Space, (y) the Building, or (z) the Applicable Laws existing as of the date of the First Offer Space Amendment. Notwithstanding the foregoinghowever, an otherwise valid exercise of Tenant’s right Right of first offer First Offer shall be of full force and effect irrespective of fully effective whether such or not a lease amendment or new lease is timely signed by Landlord and Tenantexecuted. Tenant shall commence payment of Rent for the First such Offer Space, and the term of such Offer Space (the “First Offer Space Term”) shall commence upon the such commencement date set forth in the First Offer Notice (the “First Offer Commencement Date”) and shall terminate expire upon the date set forth that is the expiration of the Lease Term. Landlord shall use reasonable efforts to deliver the Offer Space to Tenant in the First Offer Noticecondition required by Section 1.3.4 above on the ROFO Target Delivery Date; provided, however, if Landlord is unable to deliver possession of the Offer Space to Tenant on the ROFO Target Delivery Date for any reason whatsoever, neither the ROFO Lease Amendment nor Tenant’s obligation to lease the Offer Space hereunder shall be void or voidable, nor shall any such delay in delivery of possession of the event that the expiration of Offer Space operate to extend the Lease Term is three (3) or more years from the anticipated First Offer Commencement Date, then the term pertaining with respect to the First Offer Space shall expire coterminously with or the expiration balance of the Premises, or earlier termination of this Lease. The period commencing on amend the First Offer Commencement Date or Tenant’s other obligations with respect to the Offer Space or under the Lease (but the Rent payable for the Offer Space shall be abated for the period from the scheduled First Offer Commencement Date through and ending upon including the day preceding the date set forth in Landlord delivers possession of the First Offer Notice or the expiration or earlier termination of this Lease, as applicable based on the foregoing sentence, shall be referred Space to herein as the “First Offer Term”Tenant).