Common use of Available Space Clause in Contracts

Available Space. Landlord shall make reasonable efforts to keep --------------- Tenant informed of any space in the Building and in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the "Other Building") that becomes Available (as defined below) during the Term. Tenant, however, has no rights with respect to any space in the Building or the Other Building and Landlord's failure to inform Tenant of the Availability of any such space shall not give Tenant any rights against Landlord or prohibit or otherwise impair Landlord's leasing of any such space. As used herein, "Available" means that the space (i) is not part of the Premises, (ii) is not then subject to a lease, (iii) is not then subject to any rights of any tenant to renew their lease or expand their premises as set forth in their lease, including without limitation any rights of first offer, and (iv) is not then subject to any negotiations between Landlord and a prospective tenant or an existing tenant. The provisions of Paragraph 39 are applicable to this Paragraph. In the event Landlord ceases to own the Other Building, the Paragraph shall no longer apply to the Other Building. LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES.

Available Space. Landlord shall make reasonable efforts to keep --------------- Tenant informed Provided that (a) there is not then in existence an Event of any space in the Building Default and in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the "Other Building"b) that becomes Available there have not been more than two (as defined below2) Events of Default during the Term. Tenant, however, has no rights period of the preceding two (2) years with respect to any obligations of Tenant under this Lease (including, without limitation the payment of any Rent under this Lease), in each case both at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the Term as to the Available Space, as hereinafter defined, and (c) Tenant is then in occupancy of at least seventy percent (70%) of the Demised Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the Available Space, as hereinafter defined, and provided further that the right and option of Tenant hereinafter granted shall be subject and subordinate to (i) the right of Landlord to lease the Available Space to initial tenant(s) thereof [solely pursuant to the initial lease(s) to such initial tenant(s) and any extension or renewal options contained in such initial lease] and (ii) the prior rights and options of all such initial tenants as to said Available Space, then solely during the period commencing on the date of expiration of the tenancy of each such initial Tenant and ending on the last day of the initial Term, Tenant shall have a right to receive from Landlord, an offer to lease the Available Space to Tenant on the terms set forth in Landlord's Offer, which offer shall be accepted or rejected at Tenant's option and which right shall be a one-time right as to each portion of the Available Space which is offered by Landlord to Tenant (or a one-time right as to all of the Available Space if it is offered by Landlord to Tenant in its entirety at one time). "Available Space" means only that office space in which is contiguous to the Demised Premises and located on the ninth (9th) floor of the Building or that office space located on the Other tenth (10th) floor of the Building, or both, as said space may become available for lease after the initial leasing thereof by Landlord to another Tenant; provided, however, that Tenant shall not have the right to lease any Available Space located on the tenth (10th) floor of the Building after the expiration of the seventh (7th) Lease Year of the initial Term unless Tenant simultaneously exercises its Renewal Option as to the entire Demised Premises (that is, the Demised Premises originally demised under this Lease and any other Available Space which has already been leased by Tenant, together with the Available Space located on the tenth (10th) floor of the Building which is the subject of the offer from Landlord) and simultaneously executes an amendment to this Lease with respect to the first (1st) Renewal Period; further provided, that if at the time that Tenant exercises such right to lease Available Space on the tenth (10th) floor of the Building and Landlord's failure to inform Tenant of simultaneously exercises its first Renewal Option, there is less than fifteen (15) months remaining in the Availability of any such space shall not give Tenant any rights against Landlord or prohibit or otherwise impair Landlord's leasing of any such space. As used hereininitial Term, "Available" means that then the space (i) is not part of the Premises, (ii) is not then subject to a lease, (iii) is not then subject to any rights of any tenant to renew their lease or expand their premises as procedures set forth in their lease, including without limitation any rights Paragraph 55 hereof for determining the Prevailing Market Rent for the Renewal Period shall commence fifteen (15) months prior to the expiration of first offer, and (iv) is not then subject to any negotiations between Landlord and a prospective tenant or an existing tenantthe initial Term. The provisions Available Space shall be offered to and accepted (if at all) by Tenant on the terms and conditions set forth in Landlord's offer to Tenant as to such Available Space ("Landlord's Offer"), which may include an offer of Paragraph 39 are applicable to this Paragraph. In all of the event Available Space at one time or offers of portions of the Available Space in multiple offers made by Landlord, as determined by Landlord ceases to own the Other Building, the Paragraph shall no longer apply to the Other Building. LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISESin its sole and absolute discretion.

Available Space. Landlord shall make reasonable efforts to keep --------------- Provided that Tenant informed of any space is not then in the Building default and has not been in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the "Other Building") that becomes Available (as defined below) default more than once during the Term. Tenantperiod of the preceding two (2) years with respect to the payment of Rent under this Lease, howeverand there is then no uncured Event of Default and there have not been more than two (2) Events of Default during the period of the preceding two (2) years, has no rights with respect to any space obligations of Tenant under this Lease other than the payment of any Rent under this Lease, in each case both at the Building or the Other Building and time of Landlord's failure to inform Tenant Offer, as hereinafter defined, and at the time of the Availability commencement of any such space shall the Term as to the Available Space, as hereinafter defined, and has not give Tenant any rights against Landlord or prohibit or otherwise impair then subleased more than twenty percent (20%) of the rentable floor area comprising the Demised Premises at the time of Landlord's Offer, as hereinafter defined, and at the time of the commencement of the term as to the Available Space, as hereinafter defined, then solely during the period commencing on the first day of the fifth (5th) Lease Year and ending on the last day of the seventh (7th) Lease Year (the "Expansion Period"), Tenant shall have a one-time (as to each component of the Available Space) right to receive from Landlord, not earlier than one (1) year, and at least ninety (90) days, prior to the date said Available Space will become available prior to the next leasing of any such space. As used hereinsaid Available Space by Landlord, "Available" means that an offer to lease the space Available Space to Tenant on the terms set forth in Landlord's Offer, which offer (i) is shall not part vary the terms of the Premises, (ii) is not then subject to a lease, (iii) is not then subject to any rights of any tenant to renew their lease or expand their premises this Lease as set forth in their lease, including without limitation any rights of first offer, and (iv) is not then subject to any negotiations between Landlord and a prospective tenant or an existing tenant. The provisions of Paragraph 39 are applicable to this Paragraph. In the event Landlord ceases to own the Other Building, the Paragraph shall no longer they apply to the Other Building. LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISES.original

Available Space. Landlord The term "Available Space" shall make reasonable efforts to keep --------------- Tenant informed of mean any space in the Building which, in Landlord's determination in its sole discretion, as of the date of Tenant's Notice, (i) is not the subject of lease negotiations per a written lease proposal, (ii) is not in a shell condition, (iii) is not the subject of rights or interests conferred to other tenants' space, as contained in any lease, or otherwise, then in effect, including, without limitation, options or rights regarding renewal, extension or expansion, subleases or assignments, and (iv) has in its lease a relocation clause. Notwithstanding the foregoing to the contrary, Landlord agrees to use reasonable efforts to include a Landlord's relocation provision in all leases within the Building containing 5,000 or less rentable square feet; provided, however, that any such relocation clause shall be expressly contingent upon Landlord's ability to relocate such tenant in the building known as Building and if no space exists at the time of Tenant's Notice, then, notwithstanding anything contained in this Para▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇ll have no obligation to relocate any such tenants to create Available Space for Tenant under this Paragraph 35. It is also understood and agreed that the Available Space identified in Landlord's Notice shall be in a configuration and location as determined by Landlord, ▇▇▇▇ ▇▇▇▇▇▇may not be contiguous to the Premises, ▇▇▇▇▇▇▇▇▇▇ (the "Other Building") that becomes Available (as defined below) during the Term. Tenant, however, has no rights with respect to any space may consist of multiple suites in the Building which are not contiguous to one another, and that the suites comprising the Available Space will be provided to Tenant only in their then existing demised rentable square foot increments, which may or may not equal precisely 5,000 rentable square feet. Further, Tenant hereby acknowledges that nothing contained herein shall be deemed to limit or preclude Landlord's right to actively market or lease the Other Building and Landlord's failure to inform Tenant of the Availability of enter into any such space shall not give Tenant and all lease commitments with any rights against Landlord or prohibit or otherwise impair Landlord's leasing of any such space. As used herein, "Available" means that the space (i) is not part of the Premises, (ii) is not then subject to a lease, (iii) is not then subject to any rights of any tenant to renew their lease or expand their premises as set forth in their lease, including without limitation any rights of first offer, and (iv) is not then subject to any negotiations between Landlord and a prospective tenant or an existing tenant. The provisions of Paragraph 39 are applicable to this Paragraph. In the event Landlord ceases to own the Other Building, the Paragraph shall no longer apply party pertaining to the Other Building. LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY EXECUTION OF THIS LEASE, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LANDLORD AND TENANT WITH RESPECT TO THE PREMISESsame.