Common use of Right of First Clause in Contracts

Right of First. Refusal Tenant shall be granted an ongoing right of first ---------------------- refusal on any space that is to be rented in the Building or becomes vacant over the term of the lease. Landlord shall provide Tenant notice of the availability of space not more than one hundred eighty (180) days nor less than forty-five (45) days prior to the date such space will be available for occupancy, which notice shall specify the date such space will be available for occupancy, and Tenant shall provide notice within ten (10) business days from the date it receives Landlord's notice to accept or decline the space. If Tenant provides notice to accept the space, which notice shall be binding, Tenant shall take possession of the space when it is made available for occupancy, with a term to be coterminous with Tenant's existing lease provided a minimum of twenty-four (24) months remains on Tenant s existing lease. The rental rate for such space shall be fixed at the Market Rate at the time Tenant accepts the space. "Market Rate" shall mean the rent that third parties are paying at the time for comparable space in the Raleigh area, and which shall take into account improvements allowances, free rent, base year expense stops, and other terms and incentives offered to such third parties. If Landlord does not receive Tenant's notice within the ten (10) day period or Tenant declines to accept the space, Tenant's right of first refusal shall be null and void and Landlord may lease the space to another tenant in Landlord's sole discretion, provided that if such space again becomes available to be rented or vacant after six (6) months, Tenant's right of first refusal shall again apply.

Right of First. Refusal Tenant If at any time during the Term of this Lease of this Lease, OFFER LESSOR shall be granted an ongoing right desire to Lease Suite 550 consisting of first ---------------------- refusal 7,272 rentable square feet on any space that is to be rented in the fifth floor of the Building or becomes vacant over Suite 530 consisting of 3,364 rentable square feet on the term fifth floor of the lease. Landlord Building as described in Exhibit G1 attached hereto or LESSOR shall provide Tenant notice desire to lease Suite 1000 consisting of 22,664 rentable square feet on the tenth floor of the availability Building as described in Exhibit G2, attached hereto, (the "First Offer Space"), LESSOR shall notify LESSEE and set forth the terms and conditions on which LESSOR is willing to lease the First Offer Space, including, without limitation, rent, build-out allowance and other incentives or inducements to lease, if any. LESSEE acknowledges that LESSOR has granted this Right of space not more than one hundred eighty (180) days nor less than forty-five (45) days First Offer for Suite 1000 to the Yankee Group prior to the date Execution of this Lease. Provided that the time of such exercise (i) there then exists no Default of LESSEE, (ii) this Lease is then if full force and effect, and (iii) LESSEE is in actual occupancy of the entire Premises demised thereunder, LESSEE may, by giving notice in writing to LESSOR within three (3) Business Days after receipt of LESSOR'S notice, elect to lease the First Offer Space on the terms so offered by LESSOR. If LESSEE shall so elect to lease the First Offer Space, it shall within seven (7) days after such election enter into an amendment to this Lease incorporating the terms and contained in LESSOR'S notice. If LESSEE shall not elect to lease the First Offer Space within such three (3) Business Day period, or shall fail to enter into such amendment to this Lease within such seven-day period, LESSEE shall have no further rights under this section with respect to the First Offer Space and LESSOR shall be free to lease any or all of such space will be available for occupancy, which notice shall specify the date such space will be available for occupancy, and Tenant shall provide notice within ten (10) business days from the date it receives Landlord's notice to accept or decline the space. If Tenant provides notice to accept the space, which notice shall be binding, Tenant shall take possession of the space when it is made available for occupancy, with a term to be coterminous with Tenant's existing lease provided a minimum of twenty-four (24) months remains on Tenant s existing lease. The rental rate for such space shall be fixed at the Market Rate at the time Tenant accepts the space. "Market Rate" shall mean the rent that third parties are paying at the time for comparable space in the Raleigh area, and which shall take into account improvements allowances, free rent, base year expense stops, and other terms and incentives offered to such third parties. If Landlord does not receive Tenant's notice within the ten (10) day period or Tenant declines to accept the space, Tenant's right of first refusal shall be null and void and Landlord may lease the space to another tenant in Landlord's sole discretion, provided that if such space again becomes available to be rented or vacant after six (6) months, Tenant's right of first refusal shall again apply.

Right of First. Refusal Tenant If at any time during the Term of this Lease, OFFER LESSOR shall be granted an ongoing right of first ---------------------- refusal on desire to lease any space that is to be rented in consisting on 10,000 square feet or larger located on the Building fifth or becomes vacant over the term seventh floors of the Building, (the "First Offer Space") after any pre-existing rights, LESSOR shall notify LESSEE and set forth the terms and conditions on which LESSOR is willing to lease the First Offer Space, including, without limitation, rent, term, build-out allowance and other incentives or inducements to lease, if any. Landlord Provided that the time of such exercise (i) there then exists no Default of LESSEE beyond applicable notice and cure periods and (ii) this Lease is then if full force and effect, LESSEE may, by giving notice in writing to LESSOR within seven (7) Business Days after receipt of LESSOR'S notice, elect to lease the First Offer Space on the terms so offered by LESSOR. If LESSEE shall provide Tenant notice of so elect to lease the availability of space not more than one hundred eighty (180) days nor less than forty-five (45) days prior to the date such space will be available for occupancyFirst Offer Space, which notice it shall specify the date such space will be available for occupancy, and Tenant shall provide notice within ten (10) business days from after such election enter into an amendment to this Lease incorporating the date it receives Landlord's notice to accept or decline the spaceterms and contained in LESSOR'S notice. If Tenant provides notice LESSEE shall not elect to accept lease the spaceFirst Offer Space within such five (5) Business Day period, which notice or shall be binding, Tenant shall take possession of the space when it is made available for occupancy, with a term fail to be coterminous with Tenant's existing lease provided a minimum of twenty-four (24) months remains on Tenant s existing lease. The rental rate for enter into such space shall be fixed at the Market Rate at the time Tenant accepts the space. "Market Rate" shall mean the rent that third parties are paying at the time for comparable space in the Raleigh area, and which shall take into account improvements allowances, free rent, base year expense stops, and other terms and incentives offered amendment to this Lease within such third parties. If Landlord does not receive Tenant's notice within the ten (10) day period period, LESSEE shall have no further rights under this section with respect to the First Offer Space and LESSOR shall be free to lease any or Tenant declines all of such space to accept other parties. Notwithstanding anything to the spacecontrary contained in this Section 36, Tenant's LESSOR acknowledges and agrees that LESSEE'S right of first refusal offer shall continue to exist during the entire Term of this Lease, and that LESSEE'S failure to exercise such right with respect to any First Offer Space shall not affect LESSEE'S right to exercise such right with respect to any subsequent First Offer Space. LESSEE'S failure to exercise said right with respect to any First Offer Space shall not be null and void and Landlord may lease the space deemed to another tenant in Landlord's sole discretion, provided that if such space again becomes available extinguish said right with respect to be rented or vacant after six (6) months, Tenant's right of first refusal shall again applyany other First Offer Space.