Common use of Conditions on Right of First Offer Clause in Contracts

Conditions on Right of First Offer. Notwithstanding the foregoing, Landlord shall not be required to give a First Offer Notice to Tenant if an Event Default exists under this Lease at the time Landlord would otherwise be required to give such notice. In addition, at Landlord’s election, Tenant’s Acceptance Notice shall be of no force or effect if an Event of Default exists under this Lease at the time Tenant delivers such notice to Landlord or on the scheduled date of delivery of the First Offer Space to Tenant. Tenant’s rights under this Article 23 are personal to the original Tenant executing this Lease, and may not be assigned (voluntarily or involuntarily) to, or exercised by, any person or entity other than the original Tenant, and shall be available to and exercisable by Tenant only for so long as the original Tenant remains in actual and physical possession of the entire Premises.