Addendum

TXR 2105 — Commercial Lease Addendum for Tenant's Right of First Refusal

Addendum to the TXR Commercial Lease giving the tenant a right of first refusal on defined additional space in the Property (identified by floors, suites or another description, with rentable area that may include a common-area allocation). When the landlord receives an acceptable written offer from another person to lease that space while the lease is in effect, the landlord notifies the tenant; within 7 days the tenant may elect to lease the space on the offer's terms and must then execute a lease or amendment within a stated number of days, failing which the landlord may lease to the offeror. The parties choose whether the right survives for subsequent offers if the landlord does not lease to the offeror; partial offers affect only the space offered, and a renewal by an occupying tenant is not a triggering offer. Special provisions and the Landlord / Tenant execution blocks.

Source: TXR
Form Number: 2105
Category: Addendum
Revised: July 8, 2022

Used For

COMMERCIAL_LEASING

Form Outline

The TXR 2105 form is organized into the following sections:

  1. Leased Premises
    "ADDENDUM TO THE COMMERCIAL LEASE BETWEEN THE UNDERSIGNED PARTIES CONCERNING THE LEASED PREMISES AT ___." Repeats in the "…Right of First Refusal concerning ___" header on page 2.
  2. A. Additional Space
    "Additional space" means all or part of the following areas along with all its improvements: ❑ (1) the following floors in the Property: ___; ❑ (2) the following suites in the Property, presently identified, as: ___; ❑ (3) ___. The rentable area of the additional space may not equal the actual or useable area and may include an allocation of common areas in the Property.
  3. B. Offers and Exercise of the Right
    If Landlord receives an acceptable written offer from another person to lease the additional space while the lease is in effect, Landlord notifies Tenant. Not later than 7 days after receiving the notice, Tenant may notify Landlord that Tenant will lease the space on the same terms; Tenant must then execute a written lease or amendment "not later than ___ days after Tenant receives Landlord's notice", failing which Landlord may lease to the offeror. If Tenant does not exercise its right and Landlord does not lease to the offeror, "Tenant ❑ does ❑ does not retain the right of refusal under this addendum for any subsequent offers".
  4. C. Partial Offers and Renewals
    Printed only — no blanks. An offer for part of the additional space affects the parties' rights only as to that part; an offer to renew from a tenant occupying the additional space is not an offer to lease it for the purposes of this addendum.
  5. D. Special Provisions
    Any additional terms. The form leaves unruled white space under the heading on page 1; the text is drawn there.
  6. Landlord and Tenant (execution block)
    Page 2: "Landlord: ___" and "Tenant: ___", each followed by two signer blocks — "By: ___" (the person or entity signing for the party), "By (signature): ___" (signed electronically), "Printed Name: ___" and "Title: ___". No "Date" line on this form.

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