This excerpt taken from the RVBD 10-Q filed Jul 30, 2007.
FORM OF OFFER NOTICE
[Insert Date of Notice]
BY TELECOPY AND FEDERAL EXPRESS
Ladies and Gentlemen:
Pursuant to the Right of First Offer set forth in the Lease, enclosed please find an Offer Notice on . The basic terms and conditions are as follows:
Under the terms of the Right of First Offer, you must exercise your rights, if at all, as to the Offer Space described in this Offer Notice within ten (10) days after Landlord delivers such Offer Notice. Accordingly, you have until 5:00 p.m. Pacific time on , 200 , to exercise your rights under the Right of First Offer and accept the terms as contained herein, failing which your rights under the Right of First Offer shall terminate and Landlord shall be free to lease the Offer Space to any third party. If possible, any earlier response would be appreciated. Please note that your acceptance of this Offer Notice shall be irrevocable and may not be rescinded.
Upon receipt of your acceptance herein, Landlord and Tenant shall execute an amendment to the Lease memorializing the terms of this Offer Notice including the inclusion of the Offer Space in the Premises; provided, however, that the failure by Landlord and Tenant to execute such amendment shall not affect the inclusion of such Offer Space in the Premises in accordance with this Offer Notice.
THE FAILURE TO ACCEPT THIS OFFER NOTICE BY (1) DESIGNATING THE ACCEPTED BOX, AND (2) EXECUTING AND RETURNING THIS OFFER NOTICE TO LANDLORD WITHOUT MODIFICATION WITHIN SUCH TIME PERIOD SHALL BE DEEMED A WAIVER OF TENANTS RIGHTS UNDER THE RIGHT OF FIRST OFFER, AND TENANT SHALL HAVE NO FURTHER RIGHTS TO THE OFFER SPACE EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE LEASE. THE FAILURE TO EXECUTE THIS LETTER WITHIN SUCH TIME PERIOD SHALL BE DEEMED A WAIVER OF THIS OFFER NOTICE.
Should you have any questions, do not hesitate to call.
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