Common use of Procedure for Offer Clause in Contracts

Procedure for Offer. Landlord shall notify Tenant in writing (the “First Offer Notice”) when and if the First Offer Space or any portion thereof becomes available for lease to third parties. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the First Offer Space. A 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 1.5.3 below, and the other material economic terms and non-economic terms upon which Landlord is willing to lease such space to Tenant. Notwithstanding any provision to the contrary contained herein, as Landlord is in the process of negotiating the Current TPT Lease, and as it is contemplated that such Current TPT Lease will contain an option to extend the initial term identified therein, Landlord may deliver a First Offer Notice to Tenant with respect to Suite 525 up to thirteen (13) months prior to the then-scheduled expiration date of the Current TPT Lease. Tenant’s rights with respect to Suite 525 identified in any such First Offer Notice delivered by Landlord to Tenant shall be the same as when Tenant receives any other First Offer Notice (i.e., if Tenant wishes to exercise Tenant’s right of first offer with respect to Suite 525, then within ten (10) days following delivery of such First Offer Notice to Tenant, Tenant shall deliver written notice to Landlord of Tenant’s intention to exercise its right of first offer with respect to the entire space described in such First Offer Notice on the terms contained therein).

Procedure for Offer. Landlord shall notify Tenant in writing (the “First Offer Notice”) from time to time when and if Landlord determines that Landlord shall commence the marketing of any First Offer Space or any portion thereof becomes because such space shall become available for lease to third parties. Pursuant to such First Offer Notice, Landlord shall offer where no holder of a Superior Right desires to lease to Tenant the First Offer Spacesuch space. A 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 1.5.3 below, and the other Landlord’s proposed material economic terms and non-economic terms upon which Landlord is willing conditions applicable to Tenant’s lease of such space to Tenant(collectively, the “ROFO Economic Terms”), including the proposed term of lease and the proposed rent payable for the First Offer Space; such ROFO Economic Terms shall be based on Landlord’s good faith determination of the fair market rental rate for such First Offer Space. Notwithstanding any provision the foregoing, Landlord’s obligation to deliver the contrary contained herein, as Landlord is in the process of negotiating the Current TPT Lease, and as it is contemplated that such Current TPT Lease will contain an option to extend the initial term identified therein, Landlord may deliver a First Offer Notice to Tenant with respect to Suite 525 up to thirteen shall not apply during the last nine (139) months prior to the then-scheduled expiration date of the Current TPT Lease. Tenant’s rights with respect initial Term unless Tenant has delivered an Interest Notice to Suite 525 identified in any such Landlord pursuant to Rider 1 hereto nor shall Landlord be obligated to deliver the First Offer Notice during the last eight (8) months of the initial Term unless Tenant has timely delivered by Landlord to Tenant shall be the same as when Tenant receives any other First Offer Notice (i.e., if Tenant wishes to exercise Tenant’s right of first offer with respect to Suite 525, then within ten (10) days following delivery of such First Offer Exercise Notice to Tenant, Tenant shall deliver written notice Landlord pursuant to Landlord of Tenant’s intention to exercise its right of first offer with respect to the entire space described in such First Offer Notice on the terms contained therein)Rider 1 hereto.

Procedure for Offer. Subject to the terms of this Section 1.2, Landlord shall notify Tenant in writing (the “First Offer Notice”) when and at least thirty (30) days prior to the anticipated “First Offer Commencement Date”, as that term is defined in Section 1.2.5, below, subject to the rights of any Superior Right Holder; provided, however, if the First Offer Space or Existing Tenant’s lease is terminated earlier than the scheduled expiration date of such lease for any portion thereof becomes available for lease reason, then Landlord shall instead deliver the First Offer Notice to third partiesTenant no less than ten (10) days prior to the anticipated First Offer Commencement Date. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the First Offer Space. A 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 1.5.3 1.2.3 below, and the other fundamental material economic terms and non-economic terms upon which Landlord is willing to lease such space the First Offer Space to TenantTenant (collectively, the “Economic Terms”). Notwithstanding any provision anything to the contrary contained herein, as in no event shall Landlord is in have the process of negotiating the Current TPT Lease, and as it is contemplated that such Current TPT Lease will contain an option obligation to extend the initial term identified therein, Landlord may deliver a First Offer Notice to Tenant with respect to Suite 525 up to thirteen (13) months prior to the then-scheduled expiration date of the Current TPT Lease. Tenant’s rights with respect to Suite 525 identified in any such First Offer Notice delivered by Landlord to and Tenant shall be the same as when Tenant receives any other First Offer Notice (i.e., if Tenant wishes to exercise Tenant’s have no right of first offer with respect to Suite 525, then within ten (10) days following delivery of such First Offer Notice to Tenant, Tenant shall deliver written notice to Landlord of Tenant’s intention to exercise its right of first offer with respect under this Section 1.2) to the entire space described in such extent that the First Offer Notice Commencement Date is anticipated by Landlord to occur on or after the terms contained thereintwenty-fourth (24th) month prior to the Lease Expiration Date, as defined in Section 2.1 below (the “ROFO Expiration”).

Procedure for Offer. Tenant acknowledges that Landlord shall notify Tenant in writing (has not yet leased the “First Offer Notice”) when and if Space. Prior to leasing all or any portion of the First Offer Space for the first time, or all or any portion thereof of the First Offer Space once the same becomes available Available for lease Lease (defined below) to third partiesparties after Landlord leases the First Offer Space for the first time, Landlord shall first deliver to Tenant a written notice (the "FIRST OFFER NOTICE") setting forth Landlord's proposed general business and economic terms and conditions upon which Landlord is willing to lease such space to Tenant, including, without limitation, base rent, term, and tenant improvement allowances (if any) (collectively, the "ECONOMIC TERMS"). Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the First Offer Space. A Space described in the First Offer Notice shall describe upon the space so offered to Tenant and shall set forth Economic Terms. For purposes hereof, the “First Offer Rent,” as that term Space shall be deemed to be "AVAILABLE FOR LEASE" after: (i) the expiration or earlier termination of the initial lease (or leases) and all subsequent leases for such space (and after the expiration of any renewal of such initial lease(s), whether or not such renewal is defined pursuant to an express written provision in Section 1.5.3 belowsuch lease(s), and the other material economic terms and non-economic terms upon which Landlord is willing to lease such space to Tenant. Notwithstanding any provision to the contrary contained herein, as Landlord is in the process regardless of negotiating the Current TPT Lease, and as it is contemplated that such Current TPT Lease will contain an option to extend the initial term identified therein, Landlord may deliver a First Offer Notice to Tenant with respect to Suite 525 up to thirteen (13) months prior to the then-scheduled expiration date of the Current TPT Lease. Tenant’s rights with respect to Suite 525 identified in whether any such First Offer Notice delivered by Landlord renewal is consummated pursuant to Tenant shall be the same as when Tenant receives any other First Offer Notice (i.e., if Tenant wishes to exercise Tenant’s right of first offer with respect to Suite 525, then within ten (10) days following delivery of such First Offer Notice to Tenanta lease amendment or a new lease(s), Tenant shall deliver written notice to Landlord of Tenant’s intention acknowledging and agreeing that once Tenant has elected not to exercise its right of first offer with respect to right and Landlord has leased all or any portion of the entire space described in such First Offer Notice on Space to a tenant, Tenant's first offer right shall be subordinate to all rights of the terms contained thereinsubject tenant(s) of the First Offer Space who lease the First Offer Space); and (ii) the vacation of such space by the applicable tenant(s).

Procedure for Offer. Landlord shall notify Tenant in writing (the “First Offer Notice”) when and if from time to time as soon as Landlord determines that any portion of the First Offer Space or any portion thereof becomes will become available for lease to third partiesparties provided, however, such notification shall be given not earlier than the date which is twelve (12) months before the actual date of physical availability of such First Offer Space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the such First Offer Space. A 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 this Section 1.5.3 1.6.1, below, and shall set forth the other material economic terms and non-economic terms upon which Landlord is willing to lease such space to Tenant. The rent payable by Tenant for the First Offer Space (the “First Offer Rent”) shall be at the “Fair Market Rent” for the First Offer Space, as that term is defined in Section 2.2.1.3 of this Lease. Notwithstanding the foregoing, upon request by Tenant, Landlord shall, within five (5) business days thereafter, provide to Tenant in writing a listing (the “Available Space List”) of the First Offer Space that is then available for leasing or which Landlord reasonably believes will become available for leasing in the twenty-four (24) month period following the date of Tenant’s request, and such Available Space List shall set forth the existing term expiration date, the number of any provision renewal options and their respective exercise mechanisms and dates, the term of any renewal options, and a description of the specific additional space rights relating to the contrary contained hereinFirst Offer Space, for each then existing lease. Thereafter, Tenant may request that Landlord deliver to Tenant a First Offer Notice as Landlord is in to any such First Offer Space on the process of negotiating the Current TPT LeaseAvailable Space List, and as it is contemplated that such Current TPT Lease will contain an option to extend the initial term identified therein, Landlord may shall deliver a First Offer Notice to Tenant with respect to Suite 525 up to thirteen within five (135) months prior to the then-scheduled expiration date of the Current TPT Lease. Tenant’s rights with respect to Suite 525 identified in any such First Offer Notice delivered by Landlord to Tenant shall be the same as when Tenant receives any other First Offer Notice (i.e., if Tenant wishes to exercise Tenant’s right of first offer with respect to Suite 525, then within ten (10) business days following delivery of such First Offer Notice to Tenant, Tenant shall deliver written notice to Landlord of Tenant’s intention to exercise its right of first offer with respect to the entire space described in such First Offer Notice on the terms contained therein)Notice.

Procedure for Offer. Landlord shall notify give Tenant in writing written notice (the “"First Offer Notice”") when and if that the First Offer Space shall or has become available for lease by Tenant pursuant to the terms of Tenant's right of first offer, as set forth in this Section II, provided that no holder of the Superior Rights desires to lease all or any portion thereof becomes available for lease to third partiesof such space. Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the then available First Offer SpaceSpace for a term coterminous with the Term. A The First Offer Notice shall describe the space so offered to Tenant Tenant, including, without limitation, Landlord's determination of the rentable square footage thereof, and shall also set forth Landlord's determination of the “First Offer Rent,” as that term is , (defined in Section 1.5.3 II.D below), and the other material economic terms and non-economic terms upon which Landlord is willing to lease such space to Tenant. Notwithstanding any provision to After Landlord delivers the contrary contained herein, as Landlord is in the process of negotiating the Current TPT Lease, and as it is contemplated that such Current TPT Lease will contain an option to extend the initial term identified therein, Landlord may deliver a First Offer Notice to Tenant with respect to Suite 525 up to thirteen (13) months prior to the then-scheduled expiration date of the Current TPT Lease. Tenant’s rights with respect to Suite 525 identified in any such First Offer Notice delivered by Landlord to Tenant shall be the same as when Tenant receives any other First Offer Notice (i.e., if Tenant wishes to exercise Tenant’s right of first offer with respect to Suite 525, then within ten (10) days following delivery of such First Offer Notice to Tenant, Tenant shall deliver may submit a written request to Landlord for access to the First Offer Space to view the First Offer Space. After receiving any such written notice from Tenant, Landlord shall use commercially reasonable efforts to arrange a mutually convenient time for Tenant and a representative of Landlord of Tenant’s intention to exercise its right of first offer with respect to walk through the entire space described in such First Offer Notice on the terms contained therein)Space.