Common use of Agreement on Rent Clause in Contracts

Agreement on Rent. For the purposes of this Lease, the “Fair Market Rental Rate” means the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) expected to prevail as of the commencement of an Extended Term for the entire Extended Term (including appropriate increases) with respect to leases of comparable space in the vicinity of the Project of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extended Term. Within fifteen (15) days after Xxxxxxxx’s receipt of Tenant’s Option Notice, by written notice to Tenant (“Landlord’s Rent Notice”), Landlord shall advise Tenant as to Landlord’s determination of the Fair Market Rental Rate. If Tenant disagrees with Xxxxxxxx’s determination, Tenant shall advise Landlord as to Tenant’s determination of Fair Market Rental Rate by written notice (“Tenant’s Rent Notice”) within fifteen (15) days after Xxxxxx’s receipt of Landlord’s Rent Notice. If Tenant fails to deliver Xxxxxx’s Rent Notice to Landlord within the time period provided above, Tenant shall be bound by Landlord’s determination of the Fair Market Rental Rate as set forth in Landlord’s Rent Notice. If Tenant shall timely deliver to Landlord Tenant’s Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to the Fair Market Rental Rate within fifteen (15) days after Landlord’s receipt of Tenant’s Rent Notice.

Agreement on Rent. For the purposes of this LeaseSection, the “Initial Fair Market Rental RateRent” means the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) ), expected to prevail as of the commencement of an Extended Extension Term for the entire Extended first year of that Extension Term (including appropriate increases) with respect to leases of comparable office space within buildings located in the vicinity of “ Designated Area” (defined as the Project Menlo Park and Palo Alto areas other than the Sand Hill Road area, Stanford Research Park and the Palo Alto central business district) of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extended Extension Term. The term “Average Annual Percentage” shall mean the average annual percentage increase in the monthly base rent (i.e., rent other than operat ing expenses, taxes and insurance premiums) expected to prevail as of the commencement of that particular Extension Term with respect to leases of office space within buildings located in the Designated Area of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extension Term). Within fifteen (15) days after Xxxxxxxx’s receipt of Tenant’s Option Extension Notice, by written notice to Tenant (“Landlord’s Rent Notice”), Landlord shall advise Tenant as to Landlord’s determination of the Initial Fair Market Rental RateRent and Average Annual Percentage. If Tenant disagrees with Xxxxxxxx’s determination, Tenant shall advise Landlord as to Tenant’s determination of Initial Fair Market Rental Rate Rent and Average Annual Percentage by written notice (“Tenant’s Rent Notice”) within fifteen (15) days after Xxxxxx’s receipt of Landlord’s Rent Notice. If Tenant Xxxx nt fails to deliver XxxxxxTenant’s Rent Notice to Landlord Tenant within the time period provided above, Tenant shall be bound by Landlord’s determination of the Initial Fair Market Rental Rate Rent and Average Annual Percentage as set forth in Landlord’s Rent Notice. If Tenant shall timely deliver to Landlord Tenant’s Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to the Initial Fair Market Rental Rate Rent and Average Annual Percentage within fifteen (15) days after Landlord’s Xxxxxxxx’ s receipt of Tenant’s Rent Notice.

Agreement on Rent. For the purposes of this LeaseAmendment, the “----------------- "Initial Fair Market Rental Rate” Rent" means the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) expected to prevail as of the commencement of an Extended the Second Extension Term for the entire Extended first year of the Second Extension Term (including appropriate increases) with respect to leases of office/research and development space of comparable space in the vicinity of the Project of a size, quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, age located in Fremont for a term equal of approximately five (5) years. The term "Average Annual Percentage" shall mean the average annual percentage increase in the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) expected to prevail as of the commencement of the Second Extension Term with respect to leases of office/research and development space of comparable size, quality and age located in Fremont for a term of approximately five (5) years. On or before the ninetieth (90th) day prior to the Extended expiration of the Term. Within fifteen (15) days after Xxxxxxxx’s receipt of Tenant’s Option Notice, by written notice to Tenant (“Landlord’s Rent Notice”), Landlord shall advise Tenant in writing ("Landlord's Rent Notice") as to Landlord’s 's determination of the Initial Fair Market Rental RateRent and Average Annual Percentage. If Tenant disagrees with Xxxxxxxx’s Landlord's determination, Tenant shall advise Landlord as to Tenant’s determination of Fair Market Rental Rate by written notice (“Tenant’s Rent Notice”) then, within fifteen (15) days after Xxxxxx’s Tenant's receipt of Landlord’s 's Rent Notice, Tenant shall advise Landlord in writing ("Tenant's Rent Notice") as to Tenant's determination of the Initial Fair Market Rent and Average Annual Percentage. If Tenant fails shall fail to deliver Xxxxxx’s timely send Tenant's Rent Notice to Landlord within the time period provided aboveNotice, Tenant shall be bound by Landlord’s 's determination of the Initial Fair Market Rental Rate Rent and Average Annual Percentage as set forth in Landlord’s 's Rent Notice. If Tenant shall timely deliver send to Landlord Tenant’s 's Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to the amount of the Initial Fair Market Rental Rate Rent and Average Annual Percentage within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's Rent Notice.

Agreement on Rent. For the purposes of this LeasePARAGRAPH 1, the “"Fair Market Rental Rate” Rent" means the fair market monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) Base Rent expected to prevail as of the commencement of an Extended the Extension Term for the entire Extended Term (including appropriate increases) with respect to leases of comparable general office/research and development space within buildings located in the vicinity of the Project Brisbane, California, of a quality and age and with interior improvementsimprovements (excluding only those interior improvements that were paid for by Tenant out of funds other than the Tenant Improvement Allowance), tenant improvement allowances and other concessions, parking, site amenities, building systems, location, identity and access all comparable to that of the PremisesBuilding, for a term equal to the Extended Termof approximately five (5) years. Within fifteen thirty (1530) days after Xxxxxxxx’s Landlord's receipt of Tenant’s Option 's Extension Notice, by written notice to Tenant (“"Landlord’s 's Rent Notice”"), Landlord shall advise Tenant as to Landlord’s 's determination of the Fair Market Rental RateRent. If Tenant disagrees with Xxxxxxxx’s Landlord's determination, Tenant shall advise Landlord as to Tenant’s 's determination of the Fair Market Rental Rate Rent by written notice to Landlord (“"Tenant’s 's Rent Notice”") within fifteen thirty (1530) days after Xxxxxx’s Tenant's receipt of Landlord’s 's Rent Notice. If Tenant fails shall fail to deliver Xxxxxx’s timely send Tenant's Rent Notice to Landlord within the time period provided aboveNotice, Tenant shall be bound by Landlord’s 's determination of the Fair Market Rental Rate as set forth in Landlord’s 's Rent Notice. If Tenant shall timely deliver sends to Landlord Tenant’s 's Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to agree upon the Fair Market Rental Rate Rent within fifteen (15) days after of Landlord’s 's receipt of Tenant’s 's Rent Notice.

Agreement on Rent. For the purposes of this LeaseSection, the “Initial Fair Market Rental RateRent” means the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) ), expected to prevail as of the commencement of an Extended Extension Term for the entire Extended first year of that Extension Term (including appropriate increases) with respect to leases of comparable office space within buildings located in the vicinity of “Designated Area” (defined as the Project Menlo Park and Palo Alto areas other than the Sand Hill Road area, Stanford Research Park and the Palo Alto central business district) of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extended Extension Term. The term “Average Annual Percentage” shall mean the xxxxx xx annual percentage increase in the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) expected to prevail as of the commencement of that particular Extension Term with respect to leases of office space within buildings located in the Designated Area of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extension Term). Within fifteen (15) days after Xxxxxxxx’s receipt of Tenant’s Option Extension Notice, by written notice to Tenant (“Landlord’s Rent Notice”), Landlord shall advise Tenant as to Landlord’s determination of the Initial Fair Market Rental RateRent and Average Annual Percentage. If Tenant disagrees with Xxxxxxxx’s determination, Tenant shall advise Landlord as to Tenant’s determination of Initial Fair Market Rental Rate Rent and Average Annual Percentage by written notice (“Tenant’s Rent Notice”) within fifteen f ifteen (15) days after Xxxxxx’s receipt of Landlord’s Rent Notice. If Tenant fails to deliver Xxxxxx’s Rent Notice to Landlord Tenant within the time period provided above, Tenant shall be bound by Landlord’s determination of the Initial Fair Market Rental Rate Rent and Average Annual Percentage as set forth in Landlord’s Rent Notice. If Tenant shall timely deliver to Landlord Tenant’s Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to the Initial Fair Market Rental Rate Rent and Average Annual Percentage within fifteen (15) days after LandlordXxxxxxxx’s receipt of Tenant’s Rent Notice.

Agreement on Rent. For the purposes of this Lease, the “Fair Market Rental RateRent” means the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) expected to prevail as of the commencement of an the Extended Term for the entire Extended Term (including appropriate increasesescalations) with respect to leases of comparable space within buildings located in the vicinity of the Project Petaluma, California of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extended Term. Within fifteen (15) days after XxxxxxxxLandlord’s receipt of Tenant’s Option Extension Notice, by written notice to Tenant (“Landlord’s Rent Notice”), Landlord shall advise Tenant as to Landlord’s determination of the Fair Market Rental RateRent. If Tenant disagrees with XxxxxxxxLandlord’s determination, Tenant shall advise Landlord as to Tenant’s determination of Fair Market Rental Rate Rent by written notice (“Tenant’s Rent Notice”) within fifteen (15) days after XxxxxxTenant’s receipt of Landlord’s Rent Notice. If Tenant fails to deliver XxxxxxTenant’s Rent Notice to Landlord within the time period provided above, Tenant shall be bound by Landlord’s determination of the Fair Market Rental Rate Rent as set forth in Landlord’s Rent Notice. If Tenant shall timely deliver to Landlord Tenant’s Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to the Fair Market Rental Rate Rent within fifteen (15) days after Landlord’s receipt of Tenant’s Rent Notice.

Agreement on Rent. For the purposes of this Lease, the “"Fair Market Rental Rate” Rent" means the monthly base rent Base Rent that Landlord has accepted in then-recent transactions with non-affiliated parties for a comparable period of time in the Building and for comparable space (i.e."Comparable Transactions"), rent other than operating expensesor if there are no Comparable Transactions, taxes and insurance premiums) then the monthly Base Rent expected to prevail as of the commencement of an Extended the applicable Extension Term for the entire Extended Term Extension Tenn (including appropriate increasesescalations) with respect to leases of comparable space within office buildings located in the vicinity of same city as the Project Premises of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises. "Fair Market Rent" shall be established by reference to rental terms in leases actually executed for comparable space under primary lease (and not sublease), for taking into consideration the location of the Building and existing amenities, situated in similar buildings engaged in then-prevailing ordinary rental market practices with respect to tenant concessions (if any) (e.g. not offering promotional deals and other concessions to tenants in an effort to alleviate cash flow problems or in response to a term equal to the Extended Termgreater than average vacancy rate in a particular building). Within fifteen (15) days after Xxxxxxxx’s Landlord's receipt of Tenant’s Option 's Extension Notice, by written notice to Tenant (“"Landlord’s 's Rent Notice”"), Landlord shall advise Tenant as to Landlord’s 's determination of the Fair Market Rent, together with the basis for such determination. Tenant shall, within ten (10) business days after Tenant's receipt of Landlora's Rent Notice, either (a) accept the determination of the Fair Market Rent set forth in Landlord's Rental Rate. If Notice; or (b) if Tenant disagrees with Xxxxxxxx’s determinationLandlord's stated Fair Market Rent, Tenant shall advise Landlord as to Tenant’s 's determination of Fair Market Rental Rate Rent, together with the basis for such determination, by written notice (“"Tenant’s 's Rent Notice”") within fifteen or (15c) days after Xxxxxx’s receipt of Landlord’s Rent withdraw Tenant's Extension Notice. If Tenant fails to deliver Xxxxxx’s Rent Notice to Landlord respond as provided above, within the time period provided above, Tenant shall be bound by Landlord’s determination of the Fair Market Rental Rate as set forth in Landlord’s Rent deemed to have rescinded its Extension Notice. If Tenant shall timely deliver to Landlord Tenant’s 's Rent NoticeNotice pursuant to subsection (b), Landlord and Tenant shall attempt in good faith to reach agreement as to the Fair Market Rental Rate Rent within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's Rent Notice.

Agreement on Rent. For the purposes of this Lease, the “Fair Market Rental Rate” means the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) expected to prevail as of the commencement of an Extended Term for the entire Extended Term (including appropriate increases) with respect to for the Premises, based on leases of comparable space in the vicinity of the Project of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extended Term. Fair Market Rental Rate shall take into account Tenant’s obligations to pay additional rent under this Lease and that there will be no free rent, tenant improvement allowance or other concessions during the Extension Term under this Lease, but will not take into consideration any alterations installed in the Premises at Tenant’s expense. Within fifteen (15) days after Xxxxxxxx’s receipt of Tenant’s Option Notice, by written notice to Tenant (“Landlord’s Rent Notice”), Landlord shall advise Tenant as to Landlord’s determination of the Fair Market Rental Rate. If Tenant disagrees with Xxxxxxxx’s determination, Tenant shall advise Landlord as to Tenant’s determination of Fair Market Rental Rate by written notice (“Tenant’s Rent Notice”) within fifteen (15) days after Xxxxxx’s receipt of Landlord’s Rent Notice. If Tenant fails to deliver Xxxxxx’s Rent Notice to Landlord within the time period provided above, Tenant shall be bound by Landlord’s determination of the Fair Market Rental Rate as set forth in Landlord’s Rent Notice. If Tenant shall timely deliver to Landlord Tenant’s Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to the Fair Market Rental Rate within fifteen (15) days after Landlord’s receipt of Tenant’s Rent Notice.

Agreement on Rent. For the purposes of this Lease, the “Fair Market Rental RateRent” means the monthly base rent (i.e., rent other than operating expenses, taxes and insurance premiums) expected to prevail as of the commencement of an Extended Extension Term for the entire Extended Extension Term (including appropriate increases) with respect to leases of comparable space within buildings located in the vicinity of the Project “Designated Area” (defined as Brisbane and South San Francisco) of a quality and with interior improvements, parking, site amenities, building systems, location, identity and access all comparable to that of the Premises, for a term equal to the Extended Extension Term. Within fifteen (15) days after XxxxxxxxLandlord’s receipt of Tenant’s Option Extension Notice, by written notice to Tenant (“Landlord’s Rent Notice”), Landlord shall advise Tenant as to Landlord’s determination of the Fair Market Rental RateRent. If Tenant disagrees with XxxxxxxxLandlord’s determination, Tenant shall advise Landlord as to Tenant’s determination of Fair Market Rental Rate Rent by written notice (“Tenant’s Rent Notice”) within fifteen (15) days after XxxxxxTenant’s receipt of Landlord’s Rent Notice. If Tenant fails to deliver XxxxxxTenant’s Rent Notice to Landlord Tenant within the time period provided above, Tenant shall be bound by Landlord’s determination of the Fair Market Rental Rate Rent as set forth in Landlord’s Rent Notice. If Tenant shall timely deliver to Landlord Tenant’s Rent Notice, Landlord and Tenant shall attempt in good faith to reach agreement as to the Fair Market Rental Rate Rent within fifteen (15) days after Landlord’s receipt of Tenant’s Rent Notice.