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 the Offering Space shall terminate on the earlier to occur of: (i) August 2, 2009; (ii) Tenant’s failure to exercise its Right of First Offer within the 5-day period provided in Section 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 Offering space (such other portion of the Offering Space subject to such expansion rights is referred to herein as (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 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 the Offering Space shall terminate on the earlier to occur of: (i) August 2, 2009; (ii) Tenant’s 's failure to exercise its Right of First Offer within the 5-5 day period provided in Section 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 Offering space Space (such other portion of the Offering Space subject to such expansion rights is referred to herein as (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 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 the any Offering Space shall terminate on the earlier to occur of: (i) August 2December 31, 20092007; (ii) Tenant’s failure to exercise its Right of First Offer within the 5-5 day period provided in Section A 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 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 (the 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 the 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 the Offering Space shall terminate on the earlier to occur of: (i) August 2January 31, 20092010; (ii) Tenant’s failure to exercise its Right of First Offer within the 5-5 day period provided in Section 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 Offering space Space (such other portion of the Offering Space subject to such expansion rights is referred to herein as (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 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 the Offering Offer Space shall terminate on the earlier to occur of: of (i) August 2, 2009; (ii) Tenant’s 's failure to exercise its Right of First Offer within the 5-5 day period provided in Section 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 portion of the Offering 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 Offering space Offer Space (such other portion of the Offering Offer Space subject to such expansion rights is referred to herein as (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 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 the Offering Space shall terminate on the earlier to occur of: (ia) August 2the date occurring one (1) year before the scheduled Termination Date (unless Tenant has exercised its Renewal Option, 2009in 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 5 Business Day period provided in Section 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 Offering space Space (such other portion of the Offering Space subject to such expansion rights is referred to herein as (the “Encumbered Offering Space”"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 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 the Offering Space shall terminate on the earlier to occur of: (i) August 2, 2009; (ii) Tenant’s failure to exercise its Right of First Offer within the 5-day 5 Business Day period provided in Section 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 Offering space Space (such other portion of the Offering Space subject to such expansion rights is referred to herein as (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 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 the Offering Offer Space shall terminate on the earlier to occur of: of (i) August 2, 2009the date 3 years prior to Termination Date; (ii) Tenant’s 's failure to exercise its Right of First Offer within the 5-5 day period provided in Section 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 portion of the Offering 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 Offering space Offer Space (such other portion of the Offering Offer Space subject to such expansion rights is referred to herein as (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 the Encumbered Offering Offer Space shall be subject and subordinate to all such expansion rights contained in the Advice.