Right of Availability Sample Clauses

Right of Availability. Subject to the terms set forth in this SECTION 1.6, Landlord hereby grants to Tenant a continuing right of availability to the “Available Space,” as that term is defined below, on the terms and conditions set forth in this SECTION 1.6. Such right of availability shall be subject to the terms and conditions (including expansion and first offer rights) of leases existing in the Building as of the date of this Lease as such rights are set forth in EXHIBIT F attached hereto (the “EXISTING TENANT’S RIGHTS”), and further subject and subordinate to any and all present and future rights of other current and future tenants of the Building (collectively the “SUPERIOR RIGHT HOLDERS”) with respect to such space, other than rights of first offer, first refusal, first availability or any right to expand which does not contain the right to expand into a predetermined amount of space at a predetermined time period benefiting future tenants or benefitting current tenants (unless contained in leases in existence as of the date of this Lease).

Right of Availability. Landlord hereby grants to the Tenant named in this Lease (the “Original Tenant”) a right of availability with respect to the entire eighth (8th) floor of the Building (the “Designated Area”). Tenant’s right of availability shall be on the terms set forth in this Section 1.2.

Right of Availability. Tenant shall has e a right of availability with respect to any then available space in the Building that is not subject to the right of first refusal under Section 1.5 above ("Availability Space") upon the terms and conditions set forth in this Section 1.6. Tenant's right of availability shall be subject and subordinate to any then-existing expansion, extension, first offer, first refusal or similar rights granted under lease to any other tenant of the Building and any potential tenant with whom Landlord has signed or is negotiating a request for proposal or a letter of intent (collectively and for purposes of this Section 1.6 only, the "Superior Rights"). Landlord shall, every six (6) months during the Term, deliver to Tenant a notice (the "Availability Notice") indicating which of the Availability Space is then available or is expected to become available in the next six (6) months. If Tenant desires to lease any portion of the Availability Space described in the 4

Right of Availability. Landlord and Tenant acknowledge and agree that (a) Landlord would not pursue the Suite 2100 Recapture but for Tenant's agreement to lease Suite 2100 pursuant to the terms of this Eleventh Amendment, (b) upon the Suite 2100 Lease Commencement Date, the terms of this Eleventh Amendment are intended to, and shall, supersede any expansion right or right of first offer Tenant may have with respect to space on the 21st floor of the Building contained in the Lease, as amended hereby, including but not limited to Section 1.4 of the Original Lease, and (c) upon the Suite 2100 Lease Commencement Date, any such expansion rights or rights of first offer with respect to the 21st floor shall be deleted in their entirety and of no further force or effect, and (d) effective as of the Suite 2100 Lease Commencement Date, Tenant's sole right to expand the Premises into the 21st Floor shall be pursuant to the terms of this Eleventh Amendment.

Right of Availability. Tenant shall be entitled to request from Landlord from time to time a report (an “Availability Report”) with respect to the availability of space on the third (3rd), fourth (4th), ▇▇▇▇▇▇▇ (▇▇▇), ▇▇▇▇▇▇ (8th) and ninth (9th) floors of the Building, and the date as of which each such space will be available. Space shall be “available” only to the extent it is not subject to expansion, extension, first offer, first refusal or any other rights of other tenants in the Building which do not contradict Tenant’s expansion options/rights under this Lease. Landlord shall provide Tenant such report within ten (10) business days after Tenant delivers its request to Landlord. Tenant shall have the option, exercisable by notice delivered to Landlord within thirty (30) days after Tenant’s receipt of Landlord’s notice of available space in the Building, to add any such available space to the Premises as it first becomes available. Any such available space shall be leased to Tenant at the Prevailing Market Rent for the same for a term coterminous with the balance of the then-current term of this Lease provided that two (2) years remain in the Term (as the same then exists, including any Renewal Period with respect to which Tenant has exercised its Renewal Option, even if said Renewal Period is not commenced) (or such shorter time period as may be necessary to prevent any conflict with another tenant’s rights to such space or to prevent a conflict with Tenant’s expansion options under Lease, if they have not expired). Notwithstanding anything to the contrary set forth in this Section 47.B.2, Tenant may not exercise during the fifth (5th) Lease Year or the sixth (6th) Lease Year its option to add available space to the Premises pursuant to this Section 47.B. unless Tenant has either waived or failed to timely exercise its right to terminate this Lease effective as of the last day of the seventh (7th) day Lease Year pursuant to Section 49 below, unless Tenant has either waived or failed to timely exercise its right to terminate this Lease with respect to a portion of the Premises effective as of the last day of the seventh (7th) Lease Year pursuant to Section 50 below. Nothing contained herein shall reduce the amount of space subject to the expansion options granted to Tenant under this Lease. If a Material Default exists at the time Tenant delivers to Landlord notice of Tenant’s exercise of an option/right set forth in this Section 47.B, then Landlord may elect to invalidate...

Right of Availability. Landlord hereby grants to the Original Tenant and any Permitted Transferee Assignee, a one-time right of availability with respect to any office space located on the third (3rd) floor of the Building (the "Available Space"). Tenant's right of availability shall be on the terms and conditions set forth in this Article 33. Notwithstanding the foregoing, such right of availability of Tenant shall commence only following the expiration or earlier termination of all existing leases (including renewals and extensions, whether pursuant to rights currently existing or hereafter granted) of the Available Space, and such right of first availability shall be subordinate to all rights of tenants under leases of the Available Space existing as of the date hereof, and all rights of other tenants of the Project, which rights relate to the Available Space and which rights are set forth in leases of space in the Project existing as of the date hereof, each including any renewal, extension, expansion, first offer, first negotiation and other similar rights, regardless of whether such rights are executed strictly in accordance with their respective terms or pursuant to lease amendments or new leases executed prior to the expiration of such existing rights in such existing leases (all such tenants under existing leases of the Available Space and other tenants of the Project, collectively, the "Superior Right Holders").