Common use of First Offer Right Clause in Contracts

First Offer Right. Subject to the provisions of this Paragraph 6, throughout the New Term (but not during the final two (2) years of the New Term, unless the Lease term has been further extended in writing), Tenant shall have a continuing right of first offer (the “First Offer Right”) to lease space in Building 3 or Building 8 that becomes “available for lease,” as defined below (each a “First Offer Space”). The First Offer Space shall not be deemed “available for lease” if the tenant under an expiring lease of the First Offer Space desires to renew or extend its lease, whether pursuant to a renewal option or a new arrangement with Landlord, or if any tenant of the Building exercises an option or right of first offer to lease such space, which option or right of first offer existed as of the date of this Lease. Upon Landlord obtaining knowledge that a First Offer Space will be available for lease, Landlord shall send Tenant a written notice (the “First Offer Notice”) which identifies the First Offer Space (including the rentable square footage thereof), sets forth Landlord’s good faith determination of the Prevailing Market rate (as defined in Paragraph 5.e. above) for the First Offer Space and, if Prevailing Market terms include a tenant improvement allowance or other leasing concessions, Landlord’s good faith determination of such allowance and other leasing concessions.

First Offer Right. Subject to the provisions of this Paragraph 658, throughout the New Term Lease term, (but not during the final two thirty-six (236) years months of the New TermLease term, unless the Lease term has been or may be further extended in writing, it being understood that exercise of the Right of First Offer during such thirty-six (36) month period shall, concurrent with Tenant’s expansion into the First Offer Space, be deemed to automatically extend this Lease as set forth in Paragraph 57 above) (the “Right of First Offer Period”), Tenant shall have a continuing right of first offer to lease space within the low-rise elevator bank of the Building (exclusive of the first floor) (the “First Offer RightSpace”) to lease space in Building 3 or Building 8 that becomes if the First Offer Space is “available for lease,” as defined below below, or will become available for lease within twelve (each a “12) months after Landlord’s receipt of Tenant’s Right of First Offer Space”Rental Notice (as defined below). The First Offer Space shall not be deemed “available for lease” if the tenant under an expiring lease of the First Offer Space desires to renew or extend its lease, whether pursuant to a renewal option or a new arrangement with Landlord, or if any tenant of the Building exercises an option or right of first offer to lease such space, which option or right of first offer existed as of prior to the date of this Lease. Upon Landlord obtaining knowledge that a First Offer Space will be available for lease, Landlord shall send Tenant a written notice (the “First Offer Notice”) which identifies the First Offer Space (including the rentable square footage thereof), sets forth Landlord’s good faith determination of the Prevailing Market rate (as defined in Paragraph 5.e. above) for the First Offer Space and, if Prevailing Market terms include a tenant improvement allowance or other leasing concessions, Landlord’s good faith determination of such allowance and other leasing concessions.

First Offer Right. Subject to the provisions of this Paragraph 658, throughout the New Term initial term of this Lease (but not during the final two twelve (212) years months of the New Termterm, unless the Lease term has been further extended in writing), Tenant shall have a continuing right of first offer to lease any leasable area located on the forty-first (41st) floor of the Building (the “First Offer RightSpace”) to lease space in Building 3 if the First Offer Space (or Building 8 that any increments thereof) becomes “available for lease,” as defined below (each a “First Offer Space”). below, The First Offer Space shall not be deemed “available for lease” if the tenant under an expiring lease of the First Offer Space desires to renew or extend its lease, whether pursuant to a renewal option or a new arrangement with Landlord, or if any tenant of the Building exercises an option or right of first offer to lease such space, which option or right of first offer existed as of the date of this Lease. Upon Landlord obtaining knowledge that a the First Offer Space (or some portion thereof) will be available for lease, Landlord shall send Tenant a written notice (the “First Offer Notice”) which identifies sets forth the availability date (or estimated availability date) and other economic terms on which Landlord is prepared to offer the available First Offer Space for lease (including the rentable square footage thereof), sets forth Landlord’s good faith determination of the Prevailing Market rate (as defined in Paragraph 5.e. above) for the “First Offer Space and, if Prevailing Market terms include a tenant improvement allowance or other leasing concessions, Landlord’s good faith determination of such allowance and other leasing concessionsTerms”).