Common use of Excess Basic Rent; Recalculation of Termination Rights Clause in Contracts

Excess Basic Rent; Recalculation of Termination Rights. Promptly following the expiration of the Relocation Rights Exercise Period for each Coterminous Expansion Space (other than Purchase Agreement Vacate Space), Landlord shall determine whether Tenant has exercised, in whole or in part, the Relocation Rights created by adding such Coterminous Expansion Space to the Leased Premises and, if so, the Net Rentable Area of the Contraction Premises so terminated. If the aggregate Net Rentable Area of the Contraction Premises terminated from this Lease as a result of Tenant’s exercise of the Relocation Rights created by a particular Coterminous Expansion Space is less than the Net Rentable Area of such Coterminous Expansion Space (the Net Rentable Area of any such deficiency, the “Unused Relocation Rights Area”), and if the Fair Market Rental Value of such Coterminous Expansion Space (determined as provided in Section 10.4 and calculated on a cost per Net Rentable Area basis) is greater than the Annual Basic Rent Factor at the time such Coterminous Expansion Space is added to the Leased Premises (the amount of any such excess, expressed in cost per Net Rentable Area, the “FMRV Increment”), Tenant shall pay Landlord additional basic rent (“Excess Basic Rent”) during the Initial Term of this Lease for such Coterminous Expansion Space, calculated as the Unused Relocation Rights Area for such Coterminous Expansion Space multiplied by the FMRV Increment for such Coterminous Expansion Space. The Excess Basic Rent payable by Tenant during the Relocation Rights Exercise Period for each Coterminous Expansion Space shall be payable, lump sum in arrears, at the time Landlord determines that Excess Basic Rent is payable with respect to such Coterminous Expansion Space. Thereafter, and continuing during the remainder of the Initial Term, Excess Basic Rent shall be payable monthly, in advance, at the same time that Annual Basic Rent is payable. Any Excess Basic Rent payable by Tenant shall be increased by one and one-half percent (1.5%) at the beginning of, as applicable, the sixth, eleventh and sixteenth Lease Years; provided that the increase following any period of less than five (5) years shall be pro rata. In the event Tenant is required to pay Excess Basic Rent with respect to any Coterminous Expansion Space as herein provided, effective as of the expiration of the Relocation Rights Exercise Period for such Coterminous Expansion Space, Tenant’s aggregate Termination Rights as described in Section 11.5 shall be increased by an amount equal to the Unused Relocation Rights for such Coterminous Expansion Rights multiplied by six percent (6%), with such product multiplied by a fraction, the numerator of which is the number of Lease Years remaining when the Relocation Rights Exercise Period for such Coterminous Expansion Space commenced and the denominator of which is fifteen (15).

Excess Basic Rent; Recalculation of Termination Rights. Promptly following the expiration of the Relocation Rights Exercise Period for each Coterminous Expansion Space (other than Purchase Agreement Vacate Space), Landlord shall determine whether Tenant has exercised, in whole or in part, the Relocation Rights created by adding such Coterminous Expansion Space to the Leased Premises and, if so, the Net Rentable Area of the Contraction Premises so terminated. If the aggregate Net Rentable Area of the Contraction Premises terminated from this Lease as a result of Tenant’s exercise of the Relocation Rights created by a particular Coterminous Expansion Space is less than the Net Rentable Area of such Coterminous Expansion Space (the Net Rentable Area of any such deficiency, the “Unused Relocation Rights Area”), and if the Fair Market Rental Value of such Coterminous Expansion Space (determined as provided in Section 10.4 and calculated on a cost per Net Rentable Area basis) is greater than the Annual Basic Rent Factor at the time such Coterminous Expansion Space is added to the Leased Premises (the amount of any such excess, expressed in cost per Net Rentable Area, the “FMRV Increment”), Tenant shall pay Landlord additional basic rent (“Excess Basic Rent”) during the Initial Term of this Lease for such Coterminous Expansion Space, calculated as the Unused Relocation Rights Area for such Coterminous Expansion Space multiplied by the FMRV Increment for such Coterminous Expansion Space. The Excess Basic Rent payable by Tenant during the Relocation Rights Exercise Period for each Coterminous Expansion Space shall be payable, lump sum in arrears, at the time Landlord determines that Excess Basic Rent is payable with respect to such Coterminous Expansion Space. Thereafter, and continuing during the remainder of the Initial Term, Excess Basic Rent shall be payable monthly, in advance, at the same time that Annual Basic Rent is payable. Any Excess Basic Rent payable by Tenant shall be increased by one and one-half percent (1.5%) at the beginning of, as applicable, the sixth, eleventh and sixteenth Lease Years; provided that the increase following any period of less than five (5) years shall be pro rata. In the event Tenant is required to pay Excess Basic Rent with respect to any Coterminous Expansion Space as herein provided, effective as of the expiration of the Relocation Rights Exercise Period for such Coterminous Expansion Space, Tenant’s aggregate Termination Rights as described in Section 11.5 shall be increased by an amount equal to the Unused Relocation Rights for such Coterminous Expansion Rights multiplied by six percent (6%), with such product multiplied by a fraction, the numerator of which is the number of Lease Years remaining when the Relocation Rights Exercise Period for such Coterminous Expansion Space commenced and the denominator of which is fifteen twenty (1520).

Excess Basic Rent; Recalculation of Termination Rights. Promptly following the expiration of the Relocation Rights Exercise Period for each Coterminous Expansion Space (other than Purchase Agreement Vacate Space), Landlord shall determine whether Tenant has exercised, in whole or in part, the Relocation Rights created by adding such Coterminous Expansion Space to the Leased Premises and, if so, the Net Rentable Area of the Contraction Vacate Premises so terminated. If the aggregate Net Rentable Area of the Contraction Vacate Premises terminated from this Lease as a result of Tenant’s 's exercise of the Relocation Rights created by a particular Coterminous Expansion Space is less than the Net Rentable Area of such Coterminous Expansion Space (the Net Rentable Area of any such deficiency, the “"Unused Relocation Rights Area”"), and if the Fair Market Rental Value of such Coterminous Expansion Space (determined as provided in Section 10.4 10.3 and calculated on a cost per Net Rentable Area basis) is greater than the Annual Basic Rent Factor at the time such Coterminous Expansion Space is added to the Leased Premises (the amount of any such excess, expressed in cost per Net Rentable Area, the “"FMRV Increment”"), Tenant shall pay Landlord additional basic rent (“"Excess Basic Rent”") during the Initial Term of this Lease for such Coterminous Expansion Space, calculated as the Unused Relocation Rights Area for such Coterminous Expansion Space multiplied by the FMRV Increment for such Coterminous Expansion Space. The Excess Basic Rent payable by Tenant during the Relocation Rights Exercise Period for each Coterminous Expansion Space shall be payable, lump sum in arrears, at the time Landlord determines that Excess Basic Rent is payable with respect to such Coterminous Expansion Space. Thereafter, and continuing during the remainder of the Initial Term, Excess Basic Rent shall be payable monthly, in advance, at the same time that Annual Basic Rent is payable. Any Excess Basic Rent payable by Tenant shall be increased by one and one-half percent (1.5%) at the beginning of, as applicable, the sixth, eleventh and sixteenth Lease Years; provided that the increase following any period of less than five (5) years shall be pro rata. In the event Tenant is required to pay Excess Basic Rent with respect to any Coterminous Expansion Space as herein provided, effective as of the expiration of the Relocation Rights Exercise Period for such Coterminous Expansion Space, Tenant’s 's aggregate Termination Rights as described in Section 11.5 11.4 shall be increased by an amount equal to the Unused Relocation Rights for such Coterminous Expansion Rights multiplied by six percent (6%), with such product multiplied by a fraction, the numerator of which is the number of Lease Years remaining when Year in which the Relocation Rights Exercise Period for such Coterminous Expansion Space commenced and the denominator of which is fifteen twenty (1520).