Common use of Right of First Opportunity Clause in Contracts

Right of First Opportunity. (a) If Landlord provides a written proposal, or is provided with a written proposal that Landlord is prepared to accept, to lease Suite 301 on the third (3rd) floor of the Bank of America Building (the “First Opportunity Space”), to a prospective tenant, including Tenant, Landlord will notify Tenant in writing (“Landlord’s First Opportunity Notice”) and, except as otherwise set forth herein, Tenant shall have the right (“Right of First Opportunity”) to lease such First Opportunity Space on the terms and conditions as outlined in Landlord’s First Opportunity Notice, by notifying Landlord of its exercise of such right in accordance with Section (b) below. (b) In the event Tenant desires to exercise its right to lease the First Opportunity Space, Tenant shall give Landlord unequivocal written notice thereof (“Tenant’s First Opportunity Notice”) within five (5) business days after receipt of Landlord’s First Opportunity Notice. Time is of the essence. If, for any reason, Tenant declines or does not so notify Landlord, then Tenant’s rights with respect to the First Opportunity Space which is the subject of Landlord’s First Opportunity Notice shall be deemed to be waived, and thereafter, after expiration of such five (5) business day period, Landlord may lease such space to any other party.

Right of First Opportunity. (a) If Landlord provides a written proposal, or is provided shall provide Tenant with a written proposal that Landlord is prepared to accept, to lease Suite 301 on the third (3rd) floor of the Bank of America Building (the “First Opportunity Space”), to a prospective tenant, including Tenant, Landlord will notify Tenant in writing (“Landlord’s First Opportunity Notice”) and, except as otherwise set forth herein, Tenant shall have the right (“Right of First Opportunity”) , subject to the existing Right of First Information in favor of Data Dimensions, Stamps.com Right of First Offer or Renewal in favor of Eart▇▇▇▇▇, ▇▇ginning in the 13th month of the Lease Term. In the event additional space becomes available to lease, Landlord shall provide Tenant with notice of availability to lease such and the date thereof. Tenant shall have ten (10) business days from receipt of notice to exercise Right of First Offer in writing to Landlord. If Tenant does not respond in writing to Landlord, this Right of First Opportunity Space on shall be deemed waived for the said space for a period of one (1) year, or until said space becomes available again (to be no sooner than six months). If Tenant does respond and does wish to lease the space, terms and conditions as outlined for space leased under this option shall be consistent with terms and conditions for comparable space in Landlord’s First Opportunity Notice, by notifying the Bellevue area at then prevailing market rents. Should Tenant and Landlord of its exercise of such right in accordance with Section not come terms for the option space within thirty (b30) below. (b) In the event Tenant desires to exercise its right to lease the First Opportunity Space, Tenant shall give Landlord unequivocal written notice thereof (“Tenant’s First Opportunity Notice”) within five (5) business days after Landlord's receipt of Landlord’s First Opportunity Notice. Time is of the essence. If, for any reason, Tenant declines or does not so notify LandlordTenant's notice, then Tenant’s rights with respect to the First Opportunity Space which is the subject of Landlord’s First Opportunity Notice rent shall be deemed to be waived, and thereafter, after expiration determined by arbitration using the same procedures described in Exhibit G of such five (5) business day period, Landlord these Lease. Tenant may lease such space to any other partynot exercise this option if Tenant is then in default under this lease.

Right of First Opportunity. (a) If The Landlord provides a written proposalhereby grants to the Tenant, or is provided with a written proposal that Landlord is prepared prior to acceptthe Commencement Date, and as an ongoing right through term of the Lease and any renewal terms, the first right of opportunity to lease Suite 301 on the third up to five thousand (3rd5,000) floor square feet of the Bank of America Building additional office space (the “First Opportunity Expansion Office Space”), to a prospective tenant, including Tenant, Landlord will notify Tenant from any space that comes available for lease in writing (“Landlord’s First Opportunity Notice”) and, except as otherwise set forth herein, the Building. The Tenant shall have the right (“Right of First Opportunity”) to lease such First Opportunity Space on the terms and conditions as outlined in Landlord’s First Opportunity Notice, by notifying Landlord of its exercise of such right in accordance with Section (b) below. (b) In the event Tenant desires to exercise its right to lease the First Opportunity Space, Tenant shall give Landlord unequivocal written notice thereof (“Tenant’s First Opportunity Notice”) within five (5) business days after receipt of Landlord’s First Opportunity Notice. Time is of following written notification from the essence. If, for any reason, Tenant declines Landlord or does not so notify Landlord, then Tenant’s rights with respect its agent to the First Opportunity Space which is the subject of Landlord’s First Opportunity Notice exercise this right by notice in writing; failing such it shall be deemed to have waived such right of first opportunity. If a period of sixty (60) days has passed between the date that the Landlord provided said written notice to the Tenant of a particular portion of the Expansion Office Space being available, the Landlord shall be waivedrequired to continue to provide renewed notice to the Tenant for its right of first opportunity so that not more than sixty (60) days passes between the Tenant obtaining said written notice and waiving its right of first opportunity and the Landlord leasing said portion of the Expansion Office Space to a third party. Should this right be exercised, the space shall form part of the Premises and thereafterthe same terms and conditions of the Lease shall apply, after expiration including the option to terminate and lease expiry date, but excluding the leasehold improvement allowance, inducements and net rental rate. It is understood that this space will be provided to the Tenant on an “as is” basis. Landlord to advise the Tenant of such five terms and conditions and Tenant shall have (510) business day period, days to accept failing which Landlord may lease to third (3rd) party any time thereafter on such space to any other partyterms or higher.

Right of First Opportunity. (a) If Landlord provides Provided the Tenant is not in material default under the Lease and subject to prior rights previously granted to existing tenants in the Building, the Tenant shall have a written proposal, or is provided with a written proposal that Landlord is prepared to accept, right of first opportunity during the Term to lease Suite 301 all of the office space on the third SIXTEENTH (3rd16(h)) floor of the Bank of America Building (Building, which is or may become available for lease by the “First Opportunity Space”), Landlord. The Landlord undertakes to a prospective tenant, including Tenant, Landlord will notify give the Tenant in writing (“Landlord’s First Opportunity Notice”) and, except as otherwise set forth herein, Tenant shall have the right (“Right of First Opportunity”) written notice containing all relevant information pertaining to any bona fide offer received from others to lease such First Opportunity Space on space, and the terms and conditions as outlined in Landlord’s First Opportunity Notice, by notifying Landlord of its exercise of such right in accordance with Section (b) below. (b) In the event Tenant desires to exercise its right to lease the First Opportunity Space, Tenant shall give Landlord unequivocal written notice thereof (“Tenant’s First Opportunity Notice”) within five thereupon have FIVE (5) business days after receipt in which to confirm in writing to the Landlord that it elects to exercise its right of Landlord’s First Opportunity Noticefirst opportunity and enter into a lease amending agreement covering such space. Time is In the event of such election, the parties shall have an additional period of thirty (30) days to enter into a lease amending agreement covering such space on the same terms and conditions as the Lease and renewal rights, but excluding those dealing with Rent and Tenant inducements and the Term. The term of the essence. If, lease for any reasonsuch space shall be co-terminus with the residue of the Term of the Lease. The present clause shall apply each time space on the 16th floor becomes available, whether or not Tenant declines or does not so notify Landlordhas previously exercised the right herein contained, then the intent being that the Tenant’s rights with respect to the First Opportunity Space which is the subject of Landlord’s First Opportunity Notice right shall be deemed to be waived, and thereafter, after expiration of such five (5) business day period, Landlord may lease such space to any other partya continuing right.