Common use of Establishing the Initial Monthly Base Rent for the Extended Term Clause in Contracts

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be the then current market rent for the highest and best use for similar space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises as of the commencement of the Extended Term, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premises, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to the Premises, and located in the competitive market area of the Premises, as reasonably determined by Landlord. If Tenant does not agree with the Fair Rental Value (as reasonably determined by Landlord) for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "broker") with at least five (5) years' full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Rental Value for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Rental Value for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Rental Value. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Rental Value within the time frames set forth below, then the single Fair Rental Value submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Rental Value. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½) of the cost of appointing the third broker and of paying the third broker's fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Rental Values submitted by the first two brokers as the Fair Rental Value for the Extended Term. The determination of the Fair Rental Value by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the "Fair Market Rental Rate" payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable first- class buildings in the vicinity of the Building including other first-class office buildings in the San Francisco Central Business District office market, taking into consideration all relevant factorsfree rent, including length of termtenant improvement allowances, the uses permitted under the Lease, the quality, size, design brokerage commissions and location of the Premisesother out-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that S:\PFG\Castlight Health Lease\Lease_RV11.docx: 5/6/15 would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "broker") with at least five (5) years' full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½) of the cost of appointing the third broker and of paying the third broker's fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended Term. The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any the period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the LeaseLease Term. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the this Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease Term under this Addendum Section 2.2 unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable office buildings in the San Mateo/Xxxxxx City office market, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premisesout-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10l0) days of receipt by Landlord of the Option Notice for the Extended TermNotice, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five ten (5l0) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In in addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the lithe two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' ’ written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½‘IA) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended Term. The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and ‘Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to ninety five percent (95%) of the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premisesout-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five (5) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' ’ written notice to the other party, can apply to the Presiding Judge judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½( 1/2) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended TermTerm (and such third broker shall have no right or ability to average or otherwise compromise the valuations of the first two (2) brokers). The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to the terms outlined above, Landlord and Tenant shall immediately execute execute, at Landlord’s sole option, either the standard lease agreement then in use by Landlord, or an amendment to the Lease. Such amendment new lease agreement or amendment, as the case may be, shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to of further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the highest Extended Term shall mean the Base Rent for a comparable use and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable first-class buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premisesout-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five ten (510) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Termspace and term at issue. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set conclusively determine the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Rental Value Market Renta Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' days written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½1/2) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, selected shall be a person Person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended Termspace and term at issue. The determination of the Fair Market Rental Value Rate by the third broker shall be conclusive and binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the this Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Extened Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to ninety five percent (95%) of the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use permitted by Applicable Requirements for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable first-class buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premises, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the PremisesExtended Term. Within thirty (30) days following Landlord’s receipt of the Option Notice, as reasonably determined by Landlord shall inform Tenant in writing of Landlord. If Tenant does not agree with ’s determination of the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Premises for the Extended Term (“Landlord’s Determination Notice”). Within ten (10) business days following Tenant’s receipt of Landlord’s Determination Notice, Tenant shall elect one of the following: (i) Tenant shall deliver to Landlord a written notice rescinding Tenant’s Option Notice and, thereafter, Tenant shall have no further right or ability to extend the Term of the Lease, and this Addendum shall be of no further force or effect, (ii) Tenant shall inform Landlord in writing of the appointment by Tenant of a broker meeting the qualifications described below (“Appointment Notice”) or (iii) Tenant shall accept in writing Landlord’s determination of the Fair Market Rental Rate and the initial monthly Base Rent for the Extended Term. Tenant’s failure to deliver written notice of (i), (ii) or (iii) above shall conclusively be deemed Tenant’s election to rescind Tenant’s Option Notice. In the event Tenant timely delivers the Appointment Notice, then within ten (10) business days of receipt by Landlord of the Option Notice for the Extended TermAppointment Notice, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five (5) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) business days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If The two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be utilized to set the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) business days after the second broker has been appointedLandlord appoints its broker, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) business days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) business days' ’ written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear the costs of their respective brokers and each shall bear one-half (½1/2) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) business days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as to set the Fair Market Rental Value Rate for the Extended Term. The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute execute, at Landlord’s sole option, either the standard lease agreement then in use by Landlord, or an amendment to the this Lease. Such amendment new lease agreement or amendment, as the case may be, shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the highest and best use Extended Term shall mean the Base Rent for similar comparable warehouse space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term! which comparable space is located in the Building and in other comparable warehouse buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premises, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five (5) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' ’ written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½( 1/2) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended Term. The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to the terms outlined above, Landlord and Tenant shall immediately execute execute, at Landlord’s sole option, either the standard lease agreement then in use by Landlord, or an amendment to the Lease. Such amendment new lease agreement or amendment, as the case may be, shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable first-class buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premises, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. Neither Landlord nor Tenant shall have the right to have a court or any other third party entity establish the Fair Market Rental Rate. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended TermNotice, Landlord and Tenant eachbeing obligated only to act in good faith, this Option shall automatically terminate and the Lease shall terminate at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "broker") with at least five (5) years' full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Rental Value for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name end of its broker, the single broker appointed shall be the sole broker and shall set the Fair Rental Value for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Rental Value. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Rental Value within the time frames set forth below, then the single Fair Rental Value submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Rental Value. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½) of the cost of appointing the third broker and of paying the third broker's fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Rental Values submitted by the first two brokers as the Fair Rental Value for the Extended Term. The determination of the Fair Rental Value by the third broker shall be binding upon Landlord and Tenantterm. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute execute, at Landlord’s sole option, either the standard lease agreement then in use by Landlord, or an amendment to the this Lease. Such amendment new lease agreement or amendment, as the case may be, shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to ninety five percent (95%) of the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premisesout-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five (5) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' ’ written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½1/2) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended TermTerm (and such third broker shall have no right or ability to average or otherwise compromise the valuations of the first two (2) brokers). The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to the terms outlined above, Landlord and Tenant shall immediately execute execute, at Landlord’s sole option, either the standard lease agreement then in use by Landlord, or an amendment to the Lease. Such amendment new lease agreement or amendment, as the case may be, shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the highest and best use Extended Term shall mean the Base Rent for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, unencumbered space comparable in size, location and quality to the Premises for a similar use and for a comparable term, which comparable space is located in the Building and in other comparable buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premisesout-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area of the Premises, as reasonably determined by Landlord. If Tenant does not agree with the Fair Rental Value (as reasonably determined by Landlord) periodic rental increases that would be included for space leased for the Extended Term within ten (10) days period of receipt by Landlord of the Option Notice for the Extended Term, . Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five (5) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Rental Value for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Rental Value for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Rental Value. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Rental Value within the time frames set forth below, then the single Fair Rental Value submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Rental Value. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant Tenant, by giving ten (10) days' written ’ notice to the other party, can apply to the Presiding Judge office of the Superior Court of American Arbitration Association in the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Rental Values submitted by the first two brokers as the Fair Rental Value for the Extended Term. The determination If either of the first two brokers fails to submit their opinion of the Fair Rental Value by within the third broker time frames set forth above, then the single Fair Rental Value submitted shall automatically be binding upon the initial monthly minimum guaranteed rental for the Extended Term. Upon determination of the initial monthly minimum guaranteed rental for the Extended Term, Landlord and Tenant. In no event Tenant shall immediately execute an amendment to the Lease setting forth the initial monthly Base Rent minimum guaranteed rental for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the LeaseTerm. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the this Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum 1 unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to ninety five percent (95%) of the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the highest and best use Extended Term shall mean the Base Rent for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premises, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. Neither Landlord nor Tenant shall have the right to have a court or any other third party entity establish the Fair Market Rental Rate. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended TermNotice, Landlord and Tenant eachbeing obligated only to act in good faith, this Option shall automatically terminate and the Lease shall terminate at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "broker") with at least five (5) years' full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Rental Value for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name end of its broker, the single broker appointed shall be the sole broker and shall set the Fair Rental Value for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Rental Value. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Rental Value within the time frames set forth below, then the single Fair Rental Value submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Rental Value. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½) of the cost of appointing the third broker and of paying the third broker's fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Rental Values submitted by the first two brokers as the Fair Rental Value for the Extended Term. The determination of the Fair Rental Value by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Leaseterm. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the this Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable first-class buildings in the vicinity of the Building including other first-class office buildings in the San Francisco Central Business District office market, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design free rent and location of the Premisesother out-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located in . The Fair Market Rental Rate shall include the competitive market area periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five ten (510) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' ’ written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½( 1⁄2) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended Term. The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the this Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended TermTerm and such other terms and conditions as may be mutually agreed-upon by Landlord and Tenant. Tenant shall have no other right to further extend the initial term of the Lease Term under this Addendum Section 2.2 unless Landlord and Tenant otherwise expressly agree in writing.

Establishing the Initial Monthly Base Rent for the Extended Term. The initial monthly Base Rent for the Extended Term shall be equal to the then current market rent Fair Market Rental Rate, as hereinafter defined. As used herein, the “Fair Market Rental Rate” payable by Tenant for the Extended Term shall mean the Base Rent for the highest and best use for similar comparable space within the competitive market area of the Premises (the "Fair Rental Value"). "Fair Rental Value" of the Premises means the current market rental value of the Premises at which non-equity tenants, as of the commencement of the lease term for the Extended Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Premises for a comparable term, which comparable space is located in the Building and in other comparable buildings in the vicinity of the Building, taking into consideration all relevant factors, including length of term, the uses permitted under the Lease, the quality, size, design and location of the Premisesout-of-pocket concessions generally being granted at such time for such comparable space, including the condition and value of existing tenant improvements (excluding Tenant's Property or other improvements constructed by Tenant directly and paid by Tenant), and the monthly base rent paid by tenants for premises comparable to in the Premises, and located but excluding the value of any alterations in the competitive market area Building paid for by Tenant. The Fair Market Rental Rate shall include the periodic rental increases that would be included for space leased for the period of the Premises, as reasonably determined by LandlordExtended Term. If Landlord and Tenant does not are unable to agree with on the Fair Market Rental Value (as reasonably determined by Landlord) Rate for the Extended Term within ten (10) days of receipt by Landlord of the Option Notice for the Extended Term, Landlord and Tenant each, at its cost and by giving notice to the other party, shall appoint a competent and impartial commercial real estate broker (hereinafter "“broker"”) with at least five (5) years' ’ full-time commercial real estate brokerage experience in the geographical area of the Premises to set the Fair Market Rental Value Rate for the Extended Term. If either Landlord or Tenant does not appoint a broker within ten (10) days after the other party has given notice of the name of its broker, the single broker appointed shall be the sole broker and shall set the Fair Market Rental Value Rate for the Extended Term. If two (2) brokers are appointed by Landlord and Tenant as stated in this paragraph, they shall meet promptly and attempt to set the Fair Market Rental ValueRate. In addition, if either of the first two (2) brokers fails to submit their opinion of the Fair Market Rental Value Rate within the time frames set forth below, then the single Fair Market Rental Value Rate submitted shall automatically be the initial monthly Base Rent for the Extended Term and shall be binding upon Landlord and Tenant. If the two (2) brokers are unable to agree within ten (10) days after the second broker has been appointed, they shall attempt to select a third broker, meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) brokers are given to set the Fair Market Rental ValueRate. If the two (2) brokers are unable to agree on the third broker, either Landlord or Tenant by giving ten (10) days' ’ written notice to the other party, can apply to the Presiding Judge of the Superior Court of the county in which the Premises is located for the selection of a third broker who meets the qualifications stated in this paragraph. Landlord and Tenant each shall bear one-half (½( 1/2) of the cost of appointing the third broker and of paying the third broker's ’s fee. The third broker, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant. Within fifteen (15) days after the selection of the third broker, the third broker shall select one of the two Fair Market Rental Values Rates submitted by the first two brokers as the Fair Market Rental Value Rate for the Extended Term. The determination of the Fair Market Rental Value Rate by the third broker shall be binding upon Landlord and Tenant. In no event shall the monthly Base Rent for any period of the Extended Term as determined pursuant to this Addendum, be less than the highest monthly Base Rent charged during the initial term of the Lease. Upon determination of the initial monthly Base Rent for the Extended Term pursuant to in accordance with the terms outlined above, Landlord and Tenant shall immediately execute an amendment to the this Lease. Such amendment shall set forth among other things, the initial monthly Base Rent for the Extended Term and the actual commencement date and expiration date of the Extended Term. Tenant shall have no other right to further extend the initial term of the Lease under this Addendum unless Landlord and Tenant otherwise expressly agree in writing.