Procedure for Offer. Subject to the terms of this Section 1.2, Landlord shall notify Tenant (the “First Offer Notice”) at such time as Landlord intends to market the First Offer Space for lease to third parties, provided that no Superior Right Holder wishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and shall set forth the “First Offer Rent,” as that term is defined in Section 1.2.3 below, and the other economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant have no right to exercise its right under this Section 1.2) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.2.5, below, is anticipated by Landlord to occur at any time during the last two (2) years of the Lease Term.
Appears in 2 contracts
Sources: Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Procedure for Offer. Subject to the terms of this Section 1.21.3, Landlord shall notify Tenant (the “First Offer Notice”) at such from time as Landlord intends to market time when the First Offer Space or any portion thereof will become available for lease to third parties, provided that no subject to the rights of any Superior Right Holder wishes to lease such spaceHolder. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and shall set forth the “First Offer Rent,” as that term is defined in Section 1.2.3 1.3.3 below, and the other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.21.3) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.2.5, 1.3.4 below, is anticipated by Landlord to occur at any time during on or after the last two date which is three (23) years of prior to the Lease TermExpiration Date (the “ROFO Expiration”).
Appears in 2 contracts
Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Procedure for Offer. Subject to the terms of this Section 1.21.3, Landlord shall notify Tenant (the “First Offer Notice”) at such time as Landlord intends to market when the First Offer Space or any portion thereof becomes available for lease to third parties, provided that no Superior Right Holder wishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and Tenant, shall set forth the “First Offer Rent,” as that term is defined in Section 1.2.3 1.3.3 below, and the other economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant have no right to exercise its right under this Section 1.21.3) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.2.51.3.5, below, is anticipated by Landlord to occur at any time during on or following the last two date which is three (23) years prior to the expiration of the then Lease Term.
Appears in 1 contract
Sources: Office Lease (Docusign Inc)
Procedure for Offer. Subject to the terms of this Section 1.21.3, Landlord shall notify Tenant (the “"First Offer Notice”") at such time as Landlord intends prior to market leasing the applicable portion of the First Offer Space for lease to a third partiesparty during the period from the Effective Date until the third (3rd) anniversary of the Lease Commencement Date only, provided that no subject to the rights of any Superior Right Holder wishes to lease such spaceHolder. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and shall set forth the “First Offer Rent,” as that term is defined in Section 1.2.3 belowbase rent, and the other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant(the "First Offer Terms"). In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.21.3) to on or after the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.2.5, below, is anticipated by Landlord to occur at any time during the last two third (23rd) years anniversary of the Lease TermCommencement Date (the "ROFO Expiration").
Appears in 1 contract
Sources: Lease (Pliant Therapeutics, Inc.)
Procedure for Offer. Subject to the terms of this Section 1.2, Landlord shall notify Tenant (the “First Offer Notice”) at such from time as Landlord intends to market time when the First Offer Space or any portion thereof becomes available for lease to third parties, provided that no Superior Right Holder wishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and shall set forth the “First Offer Rent,” as that term is defined in Section 1.2.3 2.3.3, below, and the other economic terms upon at which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant have no right to exercise its right under this Section 1.22.3) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.2.52.3.5, below, is anticipated by Landlord to occur at any time during the last two (2) years of the Lease Termthen term of the Lease, as amended.
Appears in 1 contract
Sources: Office Lease Agreement (Esterline Technologies Corp)
Procedure for Offer. Subject to During the terms initial Lease Term and during the first twenty four (24) months of this Section 1.2the Option Term (if applicable), Landlord shall notify Tenant (the “First Offer Notice”) at such from time as to time when Landlord intends to market determines that marketing for any portion of the First Offer Space will commence because such portion of the First Offer Space shall become available for lease to third parties, provided that no holder of a Superior Right Holder wishes to lease such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant Tenant, shall set forth the date (“Anticipated First Offer Date”) upon which Landlord anticipates that the First Offer Space shall become available for lease to third parties (subject to any holdover of any then existing tenant) and shall set forth the “First Offer Rent,” Rent (as that term is defined in Section 1.2.3 below, ) and the other economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant have no right to exercise its right under this Section 1.2) to the extent that the “First Offer Commencement Date,” as that term is defined in Section 1.2.5, below, is anticipated by Landlord to occur at any time during the last two (2) years of the Lease Term.
Appears in 1 contract
Procedure for Offer. Subject to the terms of this Section 1.21.3, Landlord shall notify Tenant (the “"First Offer Notice”") at such from time as Landlord intends to market time when the First Offer Space or any portion thereof will become available for lease to third parties, provided that no subject to the rights of any Superior Right Holder wishes to lease such spaceHolder. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer Space. The First Offer Notice shall describe the space so offered to Tenant and shall set forth the “"First Offer Rent,” " (as that term is defined in Section 1.2.3 1.3.3 below), and the other fundamental material economic terms upon which Landlord is willing to lease such space to Tenant. In no event shall Landlord have the obligation to deliver a First Offer Notice (and Tenant shall have no right to exercise its right under this Section 1.21.3) to the extent that the “"First Offer Commencement Date,” " as that term is defined in Section 1.2.5, 1.3.5 below, is anticipated by Landlord to occur at any time during the last on a date when less than two (2) full calendar years of remain in the Lease TermTerm (the "ROFO Expiration").
Appears in 1 contract
Sources: Office Lease (Retrophin, Inc.)