Common use of Procedure for Acceptance Clause in Contracts

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 (10) business days of delivery of the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election to exercise its right of first offer with respect to the entire space described in the First Offer Notice (other than all of the space, if any, described in the First Offer Notice that is not included in the First Offer Space) on the terms contained in such notice. If Tenant does not so notify Landlord 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, at any time within six months after the expiration of such ten (10) business day period, provided that, prior to entering into a lease of such space on material economic terms that are more than 10% more favorable to the tenant than those set forth in the First Offer Notice (as determined on a net effective basis), Landlord shall first deliver another First Offer Notice to Tenant offering such space to Tenant on such reduced terms. Tenant shall respond to any such “re-offer” within five (5) business days after delivery of such “re-offer” notice. 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 First Offer Space described in the First Offer Notice, then within ten five (105) business days of after delivery of the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election to irrevocable exercise of its right of first offer with respect to all of the entire space First Offer Space described in the First Offer Notice (other than all of the space, if any, described in the First Offer Notice that is not included in the First Offer Space) on the terms contained in such noticeFundamental Terms provided for therein. If Tenant does not so notify Landlord within the ten such five (105) business day periodperiod of Tenant’s exercise of its first offer right, then Landlord shall be free to negotiate and enter into a lease the space described in for the First Offer Notice Space to anyone to whom Landlord it desires on any terms that Landlord desires, at provided that, if Landlord has not entered into any time such lease within six months ninety (90) days after the expiration date of delivery of the First Offer Notice, then, prior to entering into any lease of such ten (10) business day periodFirst Offer Space, Landlord shall first again offer such space to Tenant in accordance with the terms of this Section 1.3, provided that, prior to the entering into a lease of such space on material economic terms that are more than 10% more favorable to the tenant than those set forth in the First Offer Notice (as determined on a net effective basis), Landlord shall first deliver another any other First Offer Officer Notice to Tenant offering such space to Tenant on such reduced terms. Tenant shall respond to any such “re-offer” within five (5) business days after delivery of such “re-offer” notice. 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 its Right Of First Refusal with respect to all of the space described in the First Offer Refusal Notice, then within ten five (105) business days of delivery of the First Offer Refusal Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election to exercise of its right of first offer refusal with respect to the entire space described in the First Offer Notice (other Refusal Space. Tenant shall have no right to elect to lease less than all of the space, if any, described space set forth in the First Offer Notice that is not included in Refusal Notice, or to otherwise modify any aspect of the First Offer Refusal Space) on the terms contained in such notice. If Tenant does not so notify Landlord within the ten such five (105) business day periodperiod of Tenant’s exercise of its right of first refusal, then Landlord shall be free to negotiate and enter into a lease for the Refusal Space and such additional space with the person or entity which has offered to lease the space described in Refusal Space (the “First Offer Notice to anyone to whom Landlord desires Offeror”) on any terms Landlord desires. Before Landlord leases the Refusal Space to a third party, at any time other than the First Offeror, Landlord shall again offer the Refusal Space to Tenant on the terms set forth in a new Refusal Notice and if Tenant does not exercise its right of first refusal within six months after the expiration of such ten five (105) business day period, provided that, prior Landlord shall again be free to entering negotiate and enter into a lease of such for the Refusal space and any additional space with that offeror on material economic any terms that are more than 10% more favorable to the tenant than those set forth in the First Offer Notice (as determined on a net effective basis), Landlord shall first deliver another First Offer Notice to Tenant offering such space to Tenant on such reduced terms. Tenant shall respond to any such “re-offer” within five (5) business days after delivery of such “re-offer” notice. 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 thereofdesires.

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space First Offer Space described in the First Offer Notice, then within ten seven (107) business days of after delivery of the First Offer Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election to irrevocable exercise of its right of first offer with respect to all of the entire space First Offer Space described in the First Offer Notice (other than all of the space, if any, described in the First Offer Notice that is not included in the First Offer Space) on the terms contained in such noticeFundamental Terms provided for therein. If Tenant does not so notify Landlord within the ten such seven (107) business day periodperiod of Tenant’s exercise of its first offer right, then Landlord shall be free to negotiate and enter into a lease the space described in for the First Offer Notice Space to anyone to whom Landlord it desires on any terms that Landlord desires, at provided that, if Landlord has not entered into any time such lease within six months one hundred eighty (180) days after the expiration date of delivery of the First Offer Notice, then, prior to entering into any lease of such ten (10) business day periodFirst Offer Space, Landlord shall first again offer such space to Tenant in accordance with the terms of this Section 1.3, provided that, prior to the entering into a lease of such space on material economic terms that are more than 10% more favorable to the tenant than those set forth in the First Offer Notice (as determined on a net effective present value basis), Landlord shall first deliver another any other First Offer Officer Notice to Tenant offering such space to Tenant on such reduced terms. Tenant shall respond to any such “re-offer” within five (5) business days after delivery of such “re-offer” notice. 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 availability with respect to the space described in the First Offer an Availability Notice, then within ten fifteen (1015) business days of delivery of the First Offer such Availability Notice to Tenant, Tenant shall deliver notice to Landlord of Tenant’s election intention to exercise its right of first offer availability with respect to the entire space described in such Availability Notice, at the First Offer Notice (rent, for the term, and upon the other than all of the spacefundamental economic terms and conditions, if anyincluding, described but not limited to, rental concessions and improvement allowances, set forth in the First Offer Notice Sections 1.4.3, 1.4.5 and 1.4.6 below and for a term that is not included in coterminous with the First Offer Space) on the terms contained in such noticeTerm (an “Exercise Notice”). If Tenant does not so notify Landlord within the ten fifteen (1015) business day period, then subject to the terms of Section 1.4.4, below, Landlord shall be free to lease the space described in the First Offer such Availability Notice to anyone to whom Landlord desires on any terms Landlord desires, at any time within six months after the expiration of such ten (10) business day period, provided that, prior to entering into a lease of such space on material economic terms that are more than 10% more favorable to the tenant than those set forth in the First Offer Notice (as determined on a net effective basis), Landlord shall first deliver another First Offer Notice to Tenant offering such space to Tenant on such reduced terms. Tenant shall respond to any such “re-offer” within five (5) business days after delivery of such “re-offer” notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offeravailability, 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 availability with respect to any space described in an Availability Notice or if Tenant fails to respond to an Availability Notice within fifteen (15) business days of delivery thereof, then subject to the terms of this Section 1.4, including Section 1.4.4., ▇▇▇▇▇▇’s right of availability as set forth in this Section 1.4 shall terminate as to all of the space described in such Availability Notice until the space again becomes available (i.e., until such time as Landlord enters into an Interim Lease and such Interim Lease expires or is terminated early). The rights in this Section 1.4 shall be continuous throughout the Term and any extension thereof.