Common use of Termination of Right of First Offer Clause in Contracts

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any Offering Space shall terminate on the earlier to occur of: (i) December 31, 2007; (ii) Tenant’s failure to exercise its Right of First Offer within the 5 day period provided in Section X.A. above; and (iii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A above. In addition, if Landlord provides Tenant with an Advice for any Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an “Encumbered Offering Space”) and Tenant does not exercise its Right of First Offer to lease the Offering Space described in the Advice, Tenant’s Right of First Offer with respect to such Encumbered Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any the Offering Space shall terminate on the earlier to occur of: (ia) December 31the date occurring one (1) year before the scheduled Termination Date (unless Tenant has exercised its Renewal Option, 2007in which event the date shall be one (1) year before the scheduled expiration date of the Renewal Term); (iib) Tenant’s 's failure to exercise its Right of First Offer within the 5 day Business Day period provided in Section X.A. 6.01 above; and (iiic) with respect to any portion of the Offering Space, the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A 6.01 above. In addition, if Landlord provides Tenant with an Advice for any portion of the Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an “Encumbered Offering Space”the "ENCUMBERED OFFERING SPACE") and Tenant does not exercise its Right of First Offer to lease such portion of the Offering Space described in the Advice, Tenant’s 's Right of First Offer with respect to such the Encumbered Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any Offering the Offer Space shall terminate on the earlier to occur of: of (i) December 31, 2007; (ii) Tenant’s 's failure to exercise its Right of First Offer within the 5 day period provided in Section X.A. above; Subsection a above and (iiiii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A Subsection a above. In addition, if Landlord provides Tenant with an Advice for any Offering portion of the Offer Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Offer Space (such other portion of the Potential Offering Offer Space subject to such expansion rights is referred to herein as an “the "Encumbered Offering Offer Space”") and Tenant does not exercise its Right of First Offer to lease the Offering Offer Space described in the Advice, Tenant’s 's Right of First Offer with respect to such the Encumbered Offering Offer Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any the Offering Space shall terminate on the earlier to occur of: (i) December January 31, 20072010; (ii) Tenant’s failure to exercise its Right of First Offer within the 5 day period provided in Section X.A. A above; and (iii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A above. In addition, if Landlord provides Tenant with an Advice for any portion of the Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an the “Encumbered Offering Space”) and Tenant does not exercise its Right of First Offer to lease the Offering Space described in the Advice, Tenant’s Right of First Offer with respect to such the Encumbered Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any the Offering Space shall terminate on the earlier to occur of: (i) December 31, 2007; (ii) Tenant’s failure to exercise its Right of First Offer within the 5 day Business Day period provided in Section X.A. A above; and (iiiii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A above. In addition, if Landlord provides Tenant with an Advice for any portion of the Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an the “Encumbered Offering Space”) and Tenant does not exercise its Right of First Offer to lease the Offering Space described in the Advice, Tenant’s Right of First Offer with respect to such the Encumbered Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any Potential Offering Space shall terminate on the earlier to occur of: (i) December July 31, 20072010; (ii) Tenant’s failure to exercise its Right of First Offer with respect to such Potential Offering Space within the 5 day period provided in Section X.A. A above; and (iii) the date Landlord would have provided Tenant an Advice for such Potential Offering Space if Tenant had not been in violation of one or more of the conditions set forth in Section A above. In addition, if Landlord provides Tenant with an Advice for any Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an “Encumbered Potential Offering Space”) and Tenant does not exercise its Right of First Offer to lease the such Offering Space described in pursuant to the Advice, Tenant’s Right of First Offer with respect to such the Encumbered Potential Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any Offering the Offer Space shall terminate on the earlier to occur of: of (i) December 31, 2007the date 3 years prior to Termination Date; (ii) Tenant’s 's failure to exercise its Right of First Offer within the 5 day period provided in Section X.A. 2.01 above; and (iii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A 2.01 above. In addition, if Landlord provides Tenant with an Advice for any Offering portion of the Offer Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusaloffer, right of first offer refusal or otherwise) with respect to any other portion of the Potential Offering Offer Space (such other portion of the Potential Offering Offer Space subject to such expansion rights is referred to herein as an “the "Encumbered Offering Offer Space”") and Tenant does not exercise its Right of First Offer to lease the Offering Offer Space described in the Advice, Tenant’s 's Right of First Offer with respect to such the Encumbered Offering Offer Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any the Offering Space shall terminate on the earlier to occur of: (i) December 31, 2007; (ii) Tenant’s 's failure to exercise its Right of First Offer within the 5 day period provided in Section X.A. A above; and (iiiii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A above. In addition, if Landlord provides Tenant with an Advice for any portion of the Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an “the "Encumbered Offering Space”") and Tenant does not exercise its Right of First Offer to lease the Offering Space described in the Advice, Tenant’s 's Right of First Offer with respect to such the Encumbered Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any the Offering Space shall terminate on the earlier to occur of: (i) December 31, 2007the last day of the 96th full calendar month of the Term; (ii) Tenant’s failure to exercise its Right of First Offer within the 5 day period provided in Section X.A. 4.01 above; and (iii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A 4.01 above. In addition, if Landlord provides Tenant with an Advice for any portion of the Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an the “Encumbered Offering Space”) and Tenant does not exercise its Right of First Offer to lease the Offering Space described in the Advice, Tenant’s Right of First Offer with respect to such the Encumbered Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.

Termination of Right of First Offer. The rights of Tenant hereunder with respect to any the Offering Space shall terminate on the earlier to occur of: (i) December 31August 2, 20072009; (ii) Tenant’s failure to exercise its Right of First Offer within the 5 5-day period provided in Section X.A. A above; and (iii) the date Landlord would have provided Tenant an Advice if Tenant had not been in violation of one or more of the conditions set forth in Section A above. In addition, if Landlord provides Tenant with an Advice for any portion of the Offering Space that contains expansion rights (whether such rights are described as an expansion option, right of first refusal, right of first offer or otherwise) with respect to any other portion of the Potential Offering Space space (such other portion of the Potential Offering Space subject to such expansion rights is referred to herein as an (the “Encumbered Offering Space”) and Tenant does not exercise its Right of First Offer to lease the Offering Space described in the Advice, Tenant’s Right of First Offer with respect to such the Encumbered Offering Space shall be subject and subordinate to all such expansion rights contained in the Advice.