Common use of Definition of Prevailing Market Clause in Contracts

Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San Mateo, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 4 contracts

Samples: Sublease (NeurogesX Inc), Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)

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Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San Mateo, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxestaxes (including, without limitation, the base year). The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoRedwood City, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Model N, Inc.), Office Lease (Coherus BioSciences, Inc.)

Definition of Prevailing Market. For purposes of this Second Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoPalo Alto, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease Lease, as amended, and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease, as amended.

Appears in 2 contracts

Samples: Office Lease Agreement (Cardiodx Inc), Office Lease Agreement (Cardiodx Inc)

Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoPalo Alto, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease Lease, as amended, and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease, as amended.

Appears in 2 contracts

Samples: Office Lease Agreement (GigOptix, Inc.), Lease Agreement (GigOptix, Inc.)

Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoPalo Alto, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Cardiodx Inc), Office Lease Agreement (Cardiodx Inc)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the University Towne Centre submarket of San Mateo, California areaDiego. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Conatus Pharmaceuticals Inc), Office Lease Agreement (Conatus Pharmaceuticals Inc)

Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoJose, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 2 contracts

Samples: Office Lease (Xactly Corp), Lease Agreement (Intellon Corp)

Definition of Prevailing Market. For purposes of this Second Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San Mateo, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease Lease, as amended, and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease, as amended.

Appears in 2 contracts

Samples: Office Lease (Marketo, Inc.), Office Lease (Marketo, Inc.)

Definition of Prevailing Market. For purposes of this Third Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoPalo Alto, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease Lease, as amended, and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease, as amended.

Appears in 2 contracts

Samples: Office Lease Agreement (Cardiodx Inc), Office Lease Agreement (Cardiodx Inc)

Definition of Prevailing Market. For purposes of this Extension Option, "Prevailing Market" shall mean the arms-length, fair-market, initial annual rental rate per rentable square foot and other business terms under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office other comparable buildings comparable to the Building in the San Mateo, California areaCelebration Business Center submarket. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Kempharm, Inc)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoBurlington, California Massachusetts area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and this Amendment and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Leasethis Amendment.

Appears in 1 contract

Samples: Lease Agreement (Radview Software LTD)

Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoLarkspur, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 1 contract

Samples: Office Lease (Digital Domain Media Group, Inc.)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” "PREVAILING MARKET" shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the downtown San MateoFrancisco, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Sonoma College Inc)

Definition of Prevailing Market. For purposes of this Second Extension Option, “Prevailing Market” "PREVAILING MARKET" shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building Buildings and office buildings comparable to the Building Buildings in the San MateoCambridge, California areaMassachusetts. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)

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Definition of Prevailing Market. For purposes of this Extension Option, “Prevailing Market” shall mean the arms-length, fair-market, annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoCampbell, California area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office Lease (Graphon Corp/De)

Definition of Prevailing Market. For purposes of this Extension First Renewal Option, “Prevailing Market” shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San Mateo, California areaRedwood City and Redwood Shores submarkets. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Emphasys Medical, Inc.)

Definition of Prevailing Market. For purposes of this First Extension Option, “Prevailing Market” "PREVAILING MARKET" shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building Buildings and office buildings comparable to the Building Buildings in the San MateoCambridge, California areaMassachusetts. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office and Laboratory Lease Agreement (Combinatorx, Inc)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” "PREVAILING MARKET" shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San Mateocentral business district of Bellevue, California areaWashington. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Bsquare Corp /Wa)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension comparable size new and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and other similar class office buildings comparable to the Building in the San MateoHouston, California Texas area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoOrange/Anaheim, California areaOrange, Central County submarket area marketplace. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 1 contract

Samples: Lease Agreement (Premier Commercial Bancorp)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building Project and office buildings comparable to the Building in the San Mateo, California Hayward industrial area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease Lease, as amended hereby, and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease, as amended hereby.

Appears in 1 contract

Samples: Lease Agreement (CymaBay Therapeutics, Inc.)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” ---------------------------------- "PREVAILING MARKET" shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoStamford, California areaConnecticut. The determination of Prevailing Market shall take into account any material economic differences between the terms of the this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Clean Diesel Technologies Inc)

Definition of Prevailing Market. For purposes of this Extension Renewal Option, “Prevailing Market” shall mean the arms-length, fair-market, arms length fair market annual rental rate per rentable square foot under extension and renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and office buildings comparable to the Building in the San MateoKrxxx Xay, California Lake Oswego, Oregon area. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions, concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.

Appears in 1 contract

Samples: Sublease (CarePayment Technologies, Inc.)

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