Grant of right of first offer clause samples

(a) Grant of Right of First Offer. So long as this Lease is in full force and effect; no Default has occurred during the twelve (12) month period prior to the date on which a Notice of Availability, defined below, would otherwise be forwarded by Landlord to Tenant; and no Default exists, either at the time of exercise of the right set forth herein or on the date the Option Space, as defined below, is to become a part of the Premises, Tenant shall have the right of first offer (the “Right of First Offer”) to lease any space on the third (3rd) floor of the Building that is then contiguous to the Premises (the “Option Space”) if it becomes Available, defined below, on or after the Commencement Date and during the Option Term, defined below, subject to all of the terms and conditions set forth herein. Tenant’s Right of First Offer shall be subject and subordinate to the right of the existing tenant of all or any portion of the Option Space to renew or otherwise extend the term of its lease for such space, whether such right is granted before or after the Effective Date hereof, and to any other rights of any other parties to lease all or any portion of the Option Space, if such rights were granted in writing prior to the Effective Date hereof.

19.1Grant of Right of First Offer.Subject to the terms and conditions of this Article 19 and the Exempt Transactions, following December 31, 2017, if any space in the Building becomes available for lease (other than the initial lease of such space to the extent that such space is vacant as of the Effective Date (any such lease, an “Initial Lease”), Landlord shall provide written notice of such availability (the “Landlord’s Offer Notice”) to Tenant and Tenant shall have an ongoing right of first offer (“ROFO”) to add such space (the “ROFO Space”) to the Premises on the then-existing terms of this Lease, except as otherwise provided in this Article.Landlord’s ROFO Notice shall set forth the approximate size, approximate configuration and approximate location (but including the specific floors) of the ROFO Space, Landlord’s quotation of a proposed Base Rent, tenant improvement allowance, and free rent, if any, for the ROFO Space, and the date estimated by Landlord as the anticipated commencement date (the “Anticipated Inclusion Date”) for such ROFO Space. The term for the ROFO Space shall be coterminous with the Term for the Premises (including the Extension Option pursuant to Article 17), provided, however, if as of the date of either Landlord’s Offer Notice or the Anticipated Inclusion Date there is or will be less than five (5) full years remaining in the then Term of this Lease, then (1) Tenant shall have no right to lease the ROFO Space unless Tenant simultaneously with Tenant’s delivery of its Offer Response Notice to Landlord exercises the Extension Option pursuant to Article 17, and (2) if the time period for Tenant to exercise the Extension Option has expired without exercise by Tenant, Landlord shall have no obligation to offer the ROFO Space to Tenant and Tenant shall have no right to lease such space.As used in this Article, the term “available for lease” shall mean office space in the Building which is anticipated to, or becomes, vacant and is not an Exempt Transaction.

(i) Grant of Right of First Offer.Subject to the terms of this Paragraph 31(b), if at any time during the Right of First Offer Term (as defined below) the Other Building becomes available for lease, Tenant shall have a one-time right of first offer (“Right of First Offer”) to lease the Other Building in its entirety.For the purposes of this Paragraph 31(b), the Other Building shall not be deemed available for lease, and this Right of First Offer shall not apply, if the Existing Tenant is leasing the Other Building or has the right to lease the Other Building (by virtue of an option to lease, an option to extend, a right of first refusal, a right of first offer, a right of first negotiation, or otherwise) pursuant to a lease or other agreement entered into prior to the date hereof, regardless of whether such rights are executed strictly in accordance with their respective terms or pursuant to a lease amendment or a new lease, or if Landlord and the Existing Tenant otherwise hereafter agree to extend the term of the Existing Tenant’s lease (collectively, the “Superior Rights”).Tenant acknowledges and agrees that Landlord shall have the right to hereafter negotiate and to enter into lease amendments or other agreements with the Existing Tenant (or any affiliate of the Existing Tenant) pursuant to which the term of the Existing Tenant’s lease is extended, shortened, or otherwise modified, and any such modifications shall constitute Superior Rights.