Common use of Procedure for Acceptance Clause in Contracts

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇’s right of first offer with respect to the space described in the First Offer Notice, then within ten (10) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s exercise of its right of first offer with respect to the entire space described in the First Offer Notice, and the Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer within the ten (10) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Notice provided that, if Landlord does not lease the First Offer Space on the same terms on which it was offered to Tenant, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond to the First Offer Notice, the First Office Space shall be re-offered to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided in Section 1.4.1. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇’s Tenant's right of first offer with respect to the space described in the First Offer Notice, then within ten five (105) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's unconditional exercise of its right of first offer with respect to the entire space described in the First Offer Notice in accordance with the terms contained in the First Offer Notice (the "Exercise Notice, and "). If Tenant does not deliver its Exercise Notice (with unconditional acceptance of the Economic Terms shall be as set forth terms contained in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer ) to Landlord within the ten five (105) business day periodperiod with respect to the entire space contained in the First Offer Notice, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any substantially the same terms Landlord desires (in all material respects) offered to Tenant and Tenant’s 's right of first offer shall terminate as with respect to the that particular First Offer Space described in the First Offer Notice provided that, if and be of no force or effect. If Landlord does not lease the First Offer Space on within 120 days after the same terms on which it was offered to Tenant, within ninety expiration the aforesaid five (90) days of the end of the ten (105) business day period for Tenant period, then any further attempt by Landlord to respond to lease the First Offer Notice, the First Office Space shall again be re-offered subject to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided in this Section 1.4.12.7. Notwithstanding anything to the contrary contained herein, (a) Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular timeTenant, and Tenant may not elect to lease only a portion thereof, and (b) Tenant's rights under this Section 2.7 shall automatically terminate and be of no force or effect with respect to the subject space being offered if Tenant does timely and properly deliver its Exercise Notice, and (c) in no event shall the basic rent for the First Offer Space be less than the then current Monthly Basic Rent (on a per rentable square foot basis).

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇Tenant’s right of first offer with respect to the space described in the First Offer NoticeSpace, then within ten seven (107) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s election to exercise of its right of first offer with respect to on the entire space described in the First Offer Notice, and the Economic Terms shall be as set forth terms contained in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer notify Landlord within the ten seven (107) business day periodperiod set forth above, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer with respect to the purchase of the Building shall terminate as and Landlord shall be free to sell the First Offer Space described to a third party. If Tenant elects to consummate the sale in accordance with this Section 38, then, within twenty (20) days after Tenant has delivered Tenant’s notice stating that Tenant elects to consummate the sale, Landlord and Tenant shall execute a purchase and sale agreement mutually acceptable to Landlord and Tenant which shall incorporate the terms and conditions of the First Offer Notice provided thatNotice. If despite commercially reasonable, if good-faith efforts, Landlord does not lease and Tenant fail to execute a purchase and sale agreement within such twenty (20) day period, then Tenant shall be deemed to have declined to consummate the sale and, thereafter, Landlord shall be free to sell the First Offer Space on the same terms on which it was offered to Tenantany other party(ies) without any further obligation to Tenant under this Section 38, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond but otherwise subject to the First Offer Noticeterms and conditions of this Lease, the First Office Space shall be re-offered to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided in including, without limitation, Section 1.4.1. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof39 below.

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇’s Tenant's right of first offer with respect to the space described in the First Offer Notice, then within ten five (105) business days (in the event the First Offer Notice pertains to space on the fourth (4th) floor) or three (3) business days (in the event the First Offer Notice pertains to space on the fifth (5th) floor) after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's exercise of its right of first offer with respect to the entire space described in the First Offer Notice, and the First Offer Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer within the ten (10) business day applicable time period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s 's right of first offer shall terminate as to the First Offer Space described in the First Offer Notice provided that, if Landlord does not but shall be deemed reinstated upon the expiration or sooner termination of any lease the for such First Offer Space on the same terms on which it was offered to Tenant, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond to the First Offer Notice, the First Office Space shall be re-offered to Tenant as provided herein when entered into by Landlord elects to provide and a First Offer Notice to Tenant as provided in Section 1.4.1third party tenant. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇Tenant’s right of first offer with respect to the space described in the First Offer NoticeSpace, then within ten seven (107) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s election to exercise of its right of first offer with respect to on the entire space described in the First Offer Notice, and the Economic Terms shall be as set forth terms contained in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer notify Landlord within the ten seven (107) business day periodperiod set forth above, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer with respect to the purchase of the Building shall terminate as and Landlord shall be free to sell the First Offer Space described to a third party. If Tenant elects to consummate the sale in accordance with this Section 38, then, within twenty (20) days after Tenant has delivered Tenant’s notice stating that Tenant elects to consummate the sale, Landlord and Tenant shall execute a purchase and sale agreement mutually acceptable to Landlord and Tenant which shall incorporate the terms and conditions of the First Offer Notice provided thatNotice. If despite commercially reasonable, if good-faith efforts, Landlord does not lease and Tenant fail to execute a purchase and sale agreement within such twenty (20) -day period, then Tenant shall be deemed to have declined to consummate the sale and, thereafter, Landlord shall be free to sell the First Offer Space on the same terms on which it was offered to Tenantany other party(ies) without any further obligation to Tenant under this Section 38, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond but otherwise subject to the First Offer Noticeterms and conditions of this Lease, the First Office Space shall be re-offered to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided in including, without limitation, Section 1.4.1. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof39 below.

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇’s right -------------------------- Tenant's Right of first offer First Offer with respect to the space described in the First Offer Notice, then then, within ten fifteen (1015) business days after of delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's intention to exercise its Right of its right of first offer First Offer with respect to the entire space described in the First Offer Notice, and Notice on the Economic Terms shall be as set forth terms contained in the such First Offer Notice. If Tenant does not unconditionally exercise its right of first offer so notify Landlord within the ten fifteen (1015) business day period, then then, subject to the terms of SECTION 19.37, above, and Section ------------- 20.3, below, for a period of two hundred twenty-five (225) days Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right desires, provided that, prior to leasing a portion of first offer shall terminate as to the First Offer Space described in which is less than the First Offer Notice provided that, if Landlord does not lease the First Offer Space on the same terms on which it was portion offered to Tenant, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond pursuant to the First Offer Notice, Landlord shall offer such reduced portion of the First Office Offer Space shall be re-offered to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided set forth in Section 1.4.1SECTION 20.2.1, -------------- above. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right Right of first offerFirst Offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇’s Tenant's right of first offer with respect to the space described in the First Offer Notice, then within ten five (105) business days after of delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's intention to exercise of its right of first offer with respect to the entire space described in the First Offer Notice, and Notice on the Economic Terms shall be as set forth in the First Offer NoticeTerms. If Tenant does not unconditionally exercise its right of first offer so notify Landlord within the ten five (105) business day period, then Landlord shall be free to lease the space described in the First Offer Notice (as well as the balance of the First Offer Space, if the space described in the First Offer Notice is less than the entirety of the First Offer Space) from time to time to anyone to whom Landlord desires on any terms Landlord desires desires, and Tenant’s Tenant shall no longer have any right to lease the First Offer Space; provided, however, in the event Landlord has not entered into a lease for the applicable First Offer Space within one hundred eighty (180) days after the date of first a First Offer Notice, then prior to offering such space to a third party after the expiration of such 180-day period, Landlord shall re-offer shall terminate as to the First Offer Space described in the to Tenant pursuant to a new First Offer Notice provided that, if Landlord does not lease and the First Offer Space on the same terms on which it was offered to Tenant, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond to the First Offer Notice, the First Office Space shall be re-offered to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided procedures set forth in Section 1.4.141.1 and this Section 41.2 shall apply once again. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular timein the First Offer Notice and upon the precise terms set forth in the First Offer Notice, and Tenant may not elect to lease only a portion thereofthereof or modify any terms set forth in the First Offer Notice. Any modification by Tenant of the Economic Terms shall constitute Tenant's election not to exercise the first offer right.

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇’s Tenant's right of first offer with respect to the space described in the First Offer Notice, then within ten twenty-one (1021) business calendar days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's election to exercise of its right of first offer with respect to the entire space described in the First Offer Notice, and Notice on the Economic Terms shall be as set forth terms contained in the First Offer Noticesuch notice. If Tenant does not unconditionally exercise its right of first offer so notify Landlord within the ten twenty-one (1021) business calendar day period, then Landlord shall be free to lease the space described in the such First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as desires, provided that (i) prior to entering into any lease on economic terms that, on a net effective, present value basis, are more than 5% more favorable to such third party than the terms contained in the First Offer Space Notice, (ii) prior to entering into any lease of less than all of the space described in the First Offer Notice provided thatNotice, if Landlord does and (iii) prior to entering into any such lease on a date that is more than six (6) months after Tenant's election not to lease the First Offer Space on the same terms on which it was offered to TenantSpace, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond to the First Offer Notice, the First Office Space Landlord shall be re-offered first again offer such space to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided on any such reduced terms in accordance with this Section 1.4.11.4. Notwithstanding anything to the contrary contained herein, subject to the foregoing, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. If Tenant does not exercise its right of first offer with respect to any space described in a First Offer Notice or if Tenant fails to respond to a First Offer Notice within twenty-one (21) calendar days of delivery thereof, then Tenant's right of first offer as set forth in this Section 1.4 shall terminate as to all of the space described in such First Offer Notice.

Procedure for Acceptance. If Tenant wishes to exercise ▇▇▇▇▇▇Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within ten thirty (1030) business days after of delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s election to exercise of its right of first offer with respect to the entire space described in the First Offer Notice, and Notice on the Economic Terms shall be as set forth terms contained in the First Offer Noticesuch notice. If Tenant does not unconditionally exercise its right of first offer so notify Landlord within the ten thirty (1030) business day period, then for the remainder of the Lease Term Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires desires, and Tenant’s right of first offer Landlord shall terminate as have no obligation to the provide further First Offer Space described in the First Offer Notice provided that, if Landlord does not lease the First Offer Space on the same terms on which it was offered to Tenant, within ninety (90) days of the end of the ten (10) business day period for Tenant to respond to the First Offer Notice, the First Office Space shall be re-offered Notices to Tenant as provided herein when Landlord elects to provide a First Offer Notice to Tenant as provided in Section 1.4.1such space. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right the Right of first offerFirst Offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof. In the event the First Offer Commencement Date (as defined in Section 1.2.5) occurs after the first (1st) year of the Lease Term and Tenant disputes, in good faith, the First Offer Rent stated in the First Offer Notice, then Tenant shall state its opinion of the First Offer Rent in its notice, and the same shall be determined by the parties in accordance with the procedure set forth in clauses (i) through (v) of Section 2.2.2; provided, however, the parties shall endeavor to complete such process and determine the First Offer Rent not later than fifteen (15) days after Tenant’s notice is given.