Common use of Extension of Term Clause in Contracts

Extension of Term. (a) Subject to Section 2.2(e) below, Tenant shall have the right to extend the Term for all of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth below.

Appears in 2 contracts

Samples: Lease (Neurocrine Biosciences Inc), Lease (Neurocrine Biosciences Inc)

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Extension of Term. (a) Subject to Section 2.2(e) below, Tenant shall have the right to extend the Term for all The term of the Lease is hereby extended with respect to the entire Premises (including the Second Expansion Premises) beyond October 31, 2018, for the period beginning on November 1, 2018, and ending on October 31, 2023 (the Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Additional Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Additional Term shall be subject to and on upon all of the same terms and conditions of this the Lease in effect as of the date hereof except as otherwise set forth herein. Tenant acknowledges and agrees that it currently occupies the Existing Premises and is familiar with the condition thereof and that (without in any way limiting or derogating from Landlord’s ongoing repair and maintenance obligations set forth in the Lease), the Existing Premises is leased to Tenant in “as-is” condition without any representation or warranty, express or implied, as to the same may be amended, supplemented condition or modified from time to timefitness for Tenant’s use thereof. Tenant agrees that, except that Monthly Rental as provided in the immediately following sentence, Landlord has no work to perform in or on the Premises (as defined belowincluding the Second Expansion Premises) shall be to prepare same for Tenant’s use and occupancy. Landlord agrees to modify Tenant’s dedicated air handling unit and/or the base building chilled water plant, as determined by this Section 2.2 belowLandlord in its sole and absolute discretion, and Monthly Rental will automatically increase by 3.0% to a design that is configured to provide air at a 55 degree discharge temperature at the unit on each anniversary a design day of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option 91 degrees dry bulb/74 degrees wet bulb (“Extension NoticeLandlord’s Second Amendment Work”). Within thirty (30) days after Tenant acknowledges that Landlord will require access to portions of the Premises in order to perform Landlord’s receipt of Second Amendment Work. Landlord and its contractors and agents shall have the Extension Notice, Landlord shall determine right to enter the Fair Market Rental Rate Premises at reasonable times and upon reasonable notice (as defined below) by using its good faith judgment and deliver written which notice thereof (“Option Rent Notice”need not be in writing) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing perform Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord Second Amendment Work and Tenant shall attempt cooperate with Landlord in connection with the same. Landlord shall reasonably coordinate its performance of Landlord’s Second Amendment Work with Tenant. Landlord shall use reasonable efforts to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of minimize interference with Tenant’s Review Period operations in the Premises during the performance of Landlord’s Second Amendment Work; provided, however, that Landlord shall not have any obligation to incur any overtime costs with respect to Landlord’s Second Amendment Work unless Tenant agrees to pay for any actual incremental overtime costs (“Outside Agreement Date”over and above what the cost would otherwise have been for regular time), then each party shall place . Tenant acknowledges that Landlord’s performance of Landlord’s Second Amendment Work may adversely and temporarily affect Tenant’s use and occupancy of the Premises. Tenant waives all claims against Landlord for rent abatement in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance connection with the procedure set forth belowLandlord’s Second Amendment Work.

Appears in 1 contract

Samples: Lease (Invivo Therapeutics Holdings Corp.)

Extension of Term. (a) Subject to Section 2.2(e) below, 38.1 If Tenant shall have the right to extend the Term for all not then be in default in observing or performing any of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms terms, covenants and conditions of this Lease, Tenant shall have the option to extend the Term for three (3) additional periods of four (4) years at a Fixed Rent determined in accordance with Paragraph 38.2 below (instead of the Fixed Rent herein reserved for the original Term), and otherwise upon the terms, covenants and conditions of the Lease in effect at the expiration of the original Term. The first such four (4) year period herein referred to as the same "First Extended Period", the second such period herein referred to as the "Second Extended Period" the third such period herein referred to as the "Third Extended Period". Such option to extend may be amendedexercised only by Tenant giving written notice to Landlord of its election to extend the term at lease on (1) year before the expiration of the lease period immediately preceding such Extended Period. Upon Tenant's giving such notice, supplemented or modified from time to time, except that Monthly Rental (as defined below) the Term shall be as determined by this Section 2.2 below, and Monthly Rental will extended automatically increase by 3.0% on each anniversary without the execution of an extension agreement or other instrument. It is expressly agreed that Tenant shall not have an option to extend the Term beyond the expiration of the Renewal Date throughout the Renewal TermFourth Extended Period. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, If Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt be in default in observing or performing any of the Extension Noticeterms, Landlord covenants and conditions of this Lease at the time of the commencement of any Extended Period, or if this Lease shall determine be terminated before the Fair Market Rental Rate (as defined below) commencement of the next Extended Period, Tenant's option to Extend the Term, or its exercise thereof, or the Extended Period created by using its good faith judgment any such exercise, shall be abrogated and deliver written notice thereof (“Option Rent Notice”) rendered null an void. In default of such notice, Tenant's options to extend this Lease shall terminate and be deemed waived by Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt may not exercise its option to extend hereunder independent of an assignment of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth belowLease.

Appears in 1 contract

Samples: Agreement (Comfort Systems Usa Inc)

Extension of Term. Provided the Company has first obtained from the applicable planning authority any consent required pursuant to the subdivision control provisions of The Planning Act (aManitoba) Subject to Section 2.2(e) belowor The City of Winnipeg Charter Act (Manitoba), Tenant whichever shall be applicable, the Company shall have the right to extend the Term for all of the Premises Lease for a further period of twenty-one (“Renewal Option(s)”)21) years less one (1) day under the same terms, conditions and covenants herein contained, including this provision for two extension which shall, however, be limited to five (25) consecutive ten (10)-year periods (each a “Renewal Term”)such extensions to be granted to the Company, provided however, the Land Acquisition Payment and First Year Payment shall not be payable anew in connection with any extension. The Renewal Options granted herein may be exercised by For greater certainty, only the original Tenant and Ongoing Payments will continue in connection with any Permitted Assignee who occupies more than half of extension. If the Premises. The Expiration Date and Company has the date that the first Renewal Term expires shall be referred right to herein as a “Renewal Date.” Any such extension of extend the Term shall be subject of this Lease as aforesaid and if the Company elects to and on all of exercise its right to extend the same terms and conditions Term of this Lease, as it shall do so by giving the same may be amendedLessor notice, supplemented or modified from time in writing, of its intention to time, except that Monthly Rental do so not later than three (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (123) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt expiration of the Extension Noticethen current Term, Landlord provided however that if the Company has first obtained from the applicable planning authority any consent required pursuant to the subdivision control provisions of The Planning Act (Manitoba) or The City of Winnipeg Charter Act (Manitoba), whichever shall determine be applicable, for a period that is greater than one (1) extension term the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant Company shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice right, at its sole option, to accept in writing Landlord’s determination of elect to exercise multiple extensions, provided that no extension or extensions so exercised shall exceed any time limitations imposed under or pursuant to the Fair Market Rental Rateapplicable planning authority consent. In the event Tenant objects toan extension or extensions so exercised shall exceed any time limitations imposed under or pursuant to the applicable planning authority consent, or fails until any further required consent is obtained from the applicable planning authority, the Company’s rights and entitlements under the Lease shall, including rights and entitlements to accept, Landlord’s determination extensions of the Fair Market Rental Rate within Term, shall, notwithstanding anything elsewhere contained in this Lease to the Tenant’s Review Periodcontrary, Landlord be deemed to extend only for so long as permitted under or pursuant to the applicable planning authority consent and Tenant shall attempt any extension or extensions so exercised are hereby deemed to agree upon such Fair Market Rental Rate, using their best good faith effortsbe modified accordingly. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination The Company shall be submitted responsible for applying for any consent and responsible for all costs and expense imposed, charged or levied as a result of such application and in order to arbitration in accordance obtain such consent. The Lessor shall cooperate with the procedure set forth belowCompany in all respects in making such application.

Appears in 1 contract

Samples: docs2.cer-rec.gc.ca

Extension of Term. (a) Subject to Section 2.2(e) belowProvided that no Event of Default exists at the time of exercise, Tenant shall have the right to may extend the Term for all of this Lease (the Premises (Renewal Option(s)Extension Option)) for the entire Premises for up to two (2) consecutive ten (10)-year periods (each, an “Extension Period”) of five (5) years each. Tenant must make each a “Renewal Term”). The Renewal Options granted herein may be exercised such election by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred written notice to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, Landlord at least twelve (12) ), but no more than twenty four (24), full calendar months prior to the end of the Term (as may have been extended), failing which the Extension Option shall be deemed null and void and of no further force and effect. Each extension of the Term will be on the same terms, covenants and conditions as in this Lease, other than Annual Fixed Rent. Annual Fixed Rent for the first year of each Extension Period will be equal to ninety-five percent (95%) of the then Prevailing Market Rate (as hereinafter defined) per rentable square foot for the Premises. Annual Fixed Rent during the Extension Period shall increase annually, in accordance with the increases assumed in the determination of Prevailing Market Rate. Annual Fixed Rent attributable to the Premises shall be payable in monthly installments in accordance with the terms and conditions of Article IV of this Lease. If Tenant timely and properly exercises an Extension Option, Landlord, within the later of thirty (30) days of such election and the sixteenth (16th) full calendar month prior to the end of the Term (as may have been extended), shall provide Tenant written notice of its determination of the Annual Fixed Rent for the applicable Renewal DateExtension Period. Tenant, within twenty (20) days after the date on which Landlord advises Tenant of the applicable Annual Fixed Rent for the Extension Period, shall either (i) give Landlord fmal written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice stating that Tenant is exercising its extension option of rejection (the Extension Rejection Notice”). Within thirty If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such twenty (3020) days after Landlord’s receipt of the Extension Noticeday period, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) Tenant will be deemed to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing rejected Landlord’s determination of Annual Fixed Rent for the Fair Market Rental RateExtension Period. In the event If Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Periodprovides Landlord with a Binding Notice, Landlord and Tenant shall attempt enter into an amendment to agree upon such Fair Market Rental Ratethis Lease setting forth the modified Annual Fixed Rent, using their best good faith effortsthe applicable Expiration Date and other applicable terms for the applicable Extension Period. If Tenant provides Landlord with a Rejection Notice, or is deemed to have rejected Landlord’s determination, Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth below.

Appears in 1 contract

Samples: Lease (Bluestem Brands, Inc.)

Extension of Term. (a) Subject to Section 2.2(e) below, The Tenant shall have the right right, as its sole option, by in each instance giving notice thereof to the Landlord at least nine (9) and not more than fifteen (15) months prior to the expiration of the then existing Term, to extend the Term for all of the Premises (“Renewal Option(s)”)) this Lease for two (2) consecutive ten additional successive periods of five (10)-year periods 5) years each (each a “Renewal Term”). The Renewal Options granted herein may be exercised by commencing upon the original Tenant and any Permitted Assignee who occupies more than half expiration of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred initial ten-year term to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and maximum twenty-year Term) on all of the same terms and conditions of this Leaseconditions, except Basic Rent, as the same may be amended, supplemented or modified from time herein set forth. The failure to time, except that Monthly Rental (as defined below) give such notice in a timely fashion shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% deemed an irrevocable election on each anniversary the part of the Renewal Date throughout Tenant not to exercise such extension option and a waiver of any successive option. The Basic Rent during each such extended period shall be ninety-five percent (95%) of the Renewal Termfair market net rental for the Premises determined as of the commencement of such extended period. To exercise a Renewal Option, If the Landlord and the Tenant are unable to agree upon the Basic Rent for either such extended period at least twelve eight (12) 8) months prior to its commencement, the applicable Renewal Date, Tenant Basic Rent for such period shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”)be determined by appraisal as hereinafter provided. Within thirty (30) days after Landlord’s receipt the date for commencement of appraisal proceedings pursuant to the Extension Noticeprovisions of this Paragraph 25, the Landlord and the Tenant shall determine each simultaneously give written notice to the Fair Market Rental Rate other setting forth its "best offer" for such annual rate of Basic Rent and designating an Appraiser (as defined below) by using its good faith judgment that term is hereinafter qualified and deliver written notice thereof defined). The two Appraisers so designated shall, within twenty (“Option Rent Notice”) to Tenant. Tenant shall have thirty (3020) days after their designation, select a third Appraiser and give notice to both the landlord and the Tenant identifying the third Appraiser. The three Appraisers shall within sixty (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (3060) days after the expiration selection of Tenant’s Review Period the third Appraiser report to the Landlord and the Tenant in writing, informing them of the annual rate of Basic Rent determined by them, or by a majority of them, to be payable by the Tenant to the Landlord for the Premises during such 5-year extended period. The Appraiser's report shall be accompanied by an explanation of the method used to arrive at the value or values assigned and the pertinent date (“Outside Agreement Date”), then each or a summary thereof) considered by the Appraisers in reaching their decision. All expenses of the appraisal process (including Appraisers' fees) shall be payable by the party whose "best offer" set forth in the notice as above provided varied the most from the annual rate of Basic Rent established in the Appraisers' report. The Appraisers shall place in a separate sealed envelope their final proposal not be informed by either party as to Fair Market Rental Rate and such determination the "best offer" of either or as to the provisions of this paragraph with respect to the allocation of expenses of the appraisal process. An "Appraiser" shall be submitted to arbitration a person who as an MAI (Member of the Appraisal Institute) designation, is independent of the Landlord and the Tenant, and has at least eight (8) years' experience in accordance with appraising commercial and industrial real estate in suburban Boston and vicinity. Notwithstanding the procedure set forth belowforegoing procedure, in no event will the Basic Rent be less than $636,000.00 per year.

Appears in 1 contract

Samples: Insulet Corp

Extension of Term. If Tenant is Cranium Technologies Ltd. or a Permitted Transferee, and is itself in occupation of the whole of the Premises throughout the Term in accordance with the Lease and if Tenant is not in default and has not been in default during the Term, and Tenant has delivered a written Notice to Landlord not more than twelve (a12) Subject months and not less than nine (9) months before the expiration of the Term that Tenant wishes to Section 2.2(eextend the Term, then Landlord shall extend the Term of the Lease for the entire Premises at the expiration of the Term for a period of two (2) belowyears (the "Extended Term"). The Basic Rent rate for the Extended Term shall be the Fair Market Rent (as defined in the following sentence). "Fair Market Rent" shall be the prevailing net rental rate being quoted at the applicable time, for premises for tenants with comparable financial covenants in comparable buildings in an "A" Class building in the financial core in Downtown Halifax, which premises are comparable with respect to size, location, term and leasehold improvements. In no event, however, shall such rate be less than the Basic Rent payable during the 12 month period immediately preceding the commencement of the Extended Term. All other terms and conditions of the Lease will apply to the Extended Term, except that there will be no leasehold improvement allowance, no free rent, no Landlord's work and no further right to extend the Term. If the parties are unable to agree on the Basic Rent to be paid during the Extended Term within 60 days of the date of the Tenant's Notice, then this right to Extend the Term and the Extended Term shall be null and void and neither party shall have any rights or obligations towards the other arising therefrom. If the parties are able to agree upon a Basic Rent rate within such 60 day period, then Tenant shall have sign Landlord's then current standard form of net lease for the Building to document the Extended Term or, at Landlord's option, a Lease Extension and Amending Agreement prepared by Landlord to reflect the terms of the Extended Term. It is understood and agreed that Tenant, in exercising this right, shall be deemed to be exercising a right to extend the Term for all of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that space which Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of occupying in the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth belowBuilding.

Appears in 1 contract

Samples: Net Lease (Biologix Hair Inc.)

Extension of Term. (a) Subject If the term of the Facility Lease is extended pursuant to Section 2.2(e) below4.3 thereof, Tenant shall have the right to extend the Term for all of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of then the Term shall be subject extended for an equal period of time. If (a) the Ground Lease has terminated for a reason other than (i) an Event of Default (as defined in the Ground Lease) or (ii) pursuant to RIDA’s exercise of a right to terminate the Ground Lease (for example, by reason of a casualty event as provided in the Ground Lease) and on all (b) in accordance with law, RIDA remains in possession of the same Ground Lease Property notwithstanding the termination (for example, pursuant to Section 365(h) of the Bankruptcy Code), then, on the date that is the 37th anniversary of the Commencement Date, this Sublease shall be extended for 29 years on the terms and conditions set forth in this Sublease with such modifications to the provisions with respect to the payment of Rent so that for any period of time following such extension, the sum of the Rent to be paid under this Lease, as Sublease and the same may be amended, supplemented or modified from time to time, except that Monthly Rental Rent (as defined belowunder the Ground Lease) to be paid under the Ground Lease will equal the Rent (as defined under the Ground Lease) that would have been paid under the Ground Lease as if the Expansion Date had occurred and the Ground Lease had not been terminated. If any Ground Lease Expansion Amendment (as defined in the Ground Lease) is not executed before the expiration or termination of this Sublease (except for any termination pursuant to Section 5.1(d), Section 5.2(b) or Section 8.2(a)), then the Term shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each extended to the date that is the 66th anniversary of the Renewal Date throughout Commencement Date, on the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior terms and conditions set forth in this Sublease with such modifications to the applicable Renewal Dateprovisions with respect to the payment of Rent of that for any period of time following such extension, Tenant shall provide Landlord with written notice stating the Rent to be paid under this Sublease will be the amount equal to the difference between (x) the Rent (as defined under the Ground Lease) that would have been paid under the Ground Lease as if the Expansion Date had occurred and (y) the amount of Rent (as defined under the Ground Lease) that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of required to pay under the Extension Notice, Landlord shall determine Ground lease without the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth belowExpansion Date having occurred.

Appears in 1 contract

Samples: Sublease Agreement

Extension of Term. 39.01 Tenant shall have the option (the "Renewal Option") to extend the Term for two (2) additional 57 61 periods of ten (10) years each (the "Renewal Terms"), shall (i) commence on the original Expiration Date and end on the date preceding the tenth (10th) anniversary of the original Expiration (the "First Renewal Term"), and (ii) commence on the date immediately succeeding the last day of the First Renewal Term and end on the date preceding the twentieth (20th) anniversary of the original Expiration Date (the "Second Renewal Term") provided that (a) Subject this Lease shall not have been previously terminated and (b) no material Event of Default shall have occurred and be continuing as of the date Tenant shall give the Renewal Notice (hereinafter defined). Each Renewal Option may be exercised with respect to the entire Demised Premises only and shall be exercisable by Tenant delivering to Landlord written notice (the "Renewal Notice") of Tenant's election to exercise the applicable Renewal Option at least nine (9) months prior to the original Expiration Date with respect to the First Renewal Term, and at lease nine (9) months prior to the tenth (10th) anniversary of the Commencement Date with respect to the Second Renewal Term. Upon the giving of the Renewal Notice with respect to the Second Renewal Term, Tenant shall have no further option or right to extend the Term. If Tenant exercises a Renewal Option, the Renewal Term with respect to which Tenant shall exercise the Renewal Option shall be on the same terms, covenants, and conditions as those contained in this Lease, except (i) the Fixed Rent payable for the Demised Premises during each Renewal Term shall be determined as provided in Section 2.2(e39.03 hereof, and (ii) below, the provisions of Section 39.01 hereof with respect to Tenant's right to renew the Term of this Lease shall not be applicable during the Second Renewal Term. It is expressly understood that during the First Renewal Term that Tenant shall have the right as set forth in Section 39.01 only with respect to extend the Term for all of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Second Renewal Term”). The Renewal Options granted herein may be exercised by , that during the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Second Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice no further right to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth belowrenew this Lease.

Appears in 1 contract

Samples: Agreement (Paine Webber Group Inc)

Extension of Term. The term of the Facility and the Maturity Date may be extended for an additional term of one (a1) Subject to Section 2.2(e) belowyear, Tenant provided that no default or Event of Default shall have occurred and be continuing in the right Lender’s reasonable opinion and that the Lender is satisfied with the Borrower’s ability to extend pay the Term for all outstanding balance of the Premises Facility and to perform its obligations under the Facility Documents and that none of the Security granted by the Borrower to the Lender is or is about to be impaired or in jeopardy in any material respect, and further provided that the Borrower shall have given the Lender not less than 30 days’ prior written notice of a request for such extension (the date such notice is received is the Renewal Option(s)Notice Date”), together with payment of an extension fee equal to three and one half percent (3.5%) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and outstanding balance of the Facility as at the date that of such notice (the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of "Extension Fee"), which for greater certainty will include the Term shall be subject to outstanding principal amount and on all of the same terms accrued but unpaid interest, bonus and conditions of this Leaseother costs, as the same may be amended, supplemented fees or modified charges payable hereunder from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary payable in common shares of the Renewal Date throughout Borrower (the Renewal Term. To exercise "Extension Fee Shares") issued at a Renewal Option, at least twelve deemed price (12subject to all required regulatory approvals) months equal to a 10% discount to the volume weighted average trading price of the Borrower's common shares as they trade on the Exchange for the five trading days immediately prior to the Notice Date. The Extension Fee Shares shall be subject to a maximum hold period under applicable Renewal Date, Tenant Canadian securities laws of four months and one day from their date of issue. The Extension Fee Shares shall provide Landlord with written notice stating that Tenant is exercising its extension option (be Extension Notice”). Within thirty (30) days after Landlord’s receipt restricted securities” under the Rule 144 of the Extension Notice, Landlord shall determine U.S. Securities Act and will be subject to a minimum six-month hold period pursuant to the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt provisions of Rule 144 of the Option Rent Notice to accept in writing Landlord’s determination of U.S. Securities Act. If for any reason the Fair Market Rental Rate. In the event Tenant objects to, Borrower is unable or fails to acceptdeliver the Extension Fee Shares to the Lender as contemplated in this Section 5, Landlord’s determination the Borrower may pay the Extension Fee in cash. The Extension Fee is only incurred if the Lender extends the term of the Fair Market Rental Rate within Facility as contemplated in this Section 5, and, if incurred, the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement Extension Fee is due on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement original Maturity Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth below.

Appears in 1 contract

Samples: Credit Agreement (Vista Gold Corp)

Extension of Term. Provided Tenant has not been in material default ----------------- under this Lease (ai) Subject to Section 2.2(emore than three (3) belowtimes during the twelve (12) months preceding the time the "Extension Notice" (as hereinafter defined) is received ---------------- by Landlord or (ii) one (1) time thereafter until the commencement of the applicable "Option Term" (as hereinafter defined), Tenant shall have the right option ----------- to extend the Term of this Lease for all three (3) additional terms (each an "Option ------ Term") of five (5) years following the expiration of the initial Term and each ---- applicable Option Term, exercisable by delivering written notice (the "Extension --------- Notice") to Landlord of Tenant's desire to so extend the Term by the Option ------ Term, no later than nine (9) months prior to the expiration of the initial Term or the then current Option Term. Tenant's occupancy of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and during any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Option Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) the monthly Base Rent payable by Tenant during each Option Term shall be adjusted as of the commencement date of the applicable Option Term to an amount equal to ninety-five percent (95%) of the then fair market rental rate for comparable premises in comparable buildings, as reasonably determined by this Section 2.2 belowLandlord, and Monthly Rental located in the geographic area in which the Project is located (ie -- Westlake Village). In determining the fair market rental rate for an Option Term, Landlord shall not consider amortization of tenant improvement costs or brokerage commissions, unless such amounts will automatically increase be incurred by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, Landlord at least twelve (12) months prior to Tenant's request in connection with the applicable Renewal DateOption Term, Tenant in which case such costs shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”)be considered in calculating the fair market rental rate. Within thirty (30) days after Landlord’s receipt following Tenant's valid exercise of the Extension Noticeoption to extend the Term by an Option Term, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver to Tenant written notice thereof (“of the monthly Base Rent which shall be applicable as of the commencement of the Option Rent Notice”) Term, and Landlord and Tenant shall enter into an amendment to Tenantthis Lease, prepared by Landlord, memorializing the terms of such extension of the Term by the Option Term; provided that the failure to execute such an amendment shall not affect the validity of the exercise of the applicable Option Term. Tenant shall have contest, if at all, Landlord's determination of the fair market rental in writing within five (5) days following Landlord's notice of the monthly Base Rent, and Tenant's failure to do so shall constitute Tenant's acceptance of Landlord's determination. If Tenant contest Landlord's determination as provided above, Landlord and Tenant shall within thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord thereafter meet and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith effortsthe Base Rent payable by Tenant for the applicable Option Term. If Landlord and Tenant fail to reach agreement agree on the Fair Market Rental Rate new Base Rent within such thirty (30) days after day period, the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination Base Rent payable for the Option Term shall be submitted to arbitration determined by judicial reference as provided in accordance with Section 35 below, using the procedure guidelines set forth belowin this Section 30. Tenant will be considered to have been in material default for purposes of determining Tenant's ability to exercise its rights under this Section 30, Section 2(D)(3) above, and Sections 31, 32 and 33 below if Tenant fails to cure a default after one (1) business day's notice from Landlord; except that if Tenant begins to cure within the one (1) business day period but cannot reasonably complete its cure within such period, then, so long as Tenant continues to diligently attempt to cure its failure, the one (1) day period shall be extended to thirty (30) days, or such lesser period as is reasonably necessary to complete the cure. The foregoing shall only apply to Tenant's default in the payment of regularly scheduled Rent and other obligations for which no notice is required by Landlord under this Lease; and all express notice and cure periods provided for in this Lease shall otherwise apply.

Appears in 1 contract

Samples: Lease (Pinkertons Inc)

Extension of Term. (a) Subject to Section 2.2(e) below, Tenant shall have the right to extend the Term for all of hereof (the Premises (“Renewal Option(s)”)"Extension Option") for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on upon all of the same terms terms, conditions, covenants and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, agreements herein contained (except that Monthly Base Rental (as defined below) for the first year of such extended period shall be as the greater of (a) the Base Rental in effect immediately prior to such extended period or (b) the Fair Market Rent, which shall be determined by this Section 2.2 in accordance with the procedure set forth below and thereafter shall be adjusted in accordance with the provisions set forth below), for one (1) additional period of five (5) years (such period, the "Extended Term") provided that Tenant is not in default beyond any applicable notice and Monthly Rental will automatically increase by 3.0% on each anniversary cure periods at either the time of delivery of the Renewal Date throughout Exercise Notice or at the Renewal commencement of the Extended Term. To If Tenant desires to exercise a Renewal the Extension Option, at least Tenant shall give notice (the "Exercise Notice") to Landlord not later than twelve (12) months prior to the Term Expiration Date. Upon the giving of notice by Tenant to Landlord exercising Tenant's Extension Option and provided the conditions as to no default beyond applicable Renewal Datenotice and cure periods by Tenant are satisfied, Tenant the Term in accordance with the provisions of this Section shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt be extended for the Extended Term without the necessity of the Extension Noticeexecution of any additional documents; and in such event all references herein to the Term shall be construed as referring to the Term, Landlord shall determine as so extended, unless the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Ratecontext clearly requires otherwise. In the event Tenant objects tothat Fair Market Rent has not been determined by the commencement of the Extended Term, or fails to acceptBase Rental for the first year of such Extended Term shall be the Base Rental in effect immediately preceding the Extended Term, Landlord’s and shall be retroactively adjusted upon the final determination of the Fair Market Rental Rate within Rent, if applicable. For purposes of this Lease, the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such term "Fair Market Rent" shall mean the Base Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market date on which the Base Rental Rate within thirty (30) days after will become effective for the expiration Extension Option that is being negotiated in so-called "triple net" leases or is reflected in triple net leases which have been recently executed, in arm's length transactions between other landlord and tenants, each acting in its own best interest and without duress, for comparable space and for a comparable term located in the Hudson, New Hampshire area, with such adjustment as is necessary in order to reflect the business terms and obligations of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal the parties as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure are set forth belowin this Lease.

Appears in 1 contract

Samples: Lease Agreement (Spire Corp)

Extension of Term. (a) Subject This Mortgage may be renewed or extended by an agreement in writing at maturity for any term with or without an increased rate of interest notwithstanding that there may be subsequent encumbrancers, and it shall not be necessary to Section 2.2(e) below, Tenant shall have register any such agreement in order to retain priority for this Mortgage so altered over any instrument registered subsequently to this Mortgage. If the right Mortgagor makes any payments to extend the Term for all Mortgagee after expiration of the Premises (“Renewal Option(s)”)) original term of this Mortgage or any subsequent term agreed to in writing between the Mortgagor and the Mortgagee without first having agreed in writing with the Mortgagee as to the terms of payment of the balance of the money then repaid, any such payment shall not be deemed to have renewed the term of this Mortgage for two (2) consecutive ten (10)-year periods (each a “Renewal Term”)the unexpired term of years based on the remaining amortization of this Mortgage. The Renewal Options granted herein may be exercised Mortgagor shall pay to the Mortgagee the amount of any renewal or extension fee charged by the original Tenant Mortgagee in connection with the renewal or extension of this Mortgage, and any Permitted Assignee who occupies more than half of all solicitor's charges or commissions on a solicitor and its client basis incurred by the PremisesMortgagee in connection with the renewal or extension. The Expiration Date and If the date that Mortgagor does not pay the first Renewal Term expires renewal or extension fee and/or the Mortgagee's solicitor's charges or commissions, such amounts shall be referred added to herein as the Principal Amount and shall bear interest at the Mortgage Interest Rate and shall, with such interest, be a “Renewal Date.” Any such extension of charge on the Term Mortgaged Premises prior to all claims thereon subsequent to this Mortgage, and shall be subject to and payable on all demand. Nothing contained in this paragraph shall confer any right of renewal or extension upon the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth belowMortgagor.

Appears in 1 contract

Samples: www.rbcroyalbank.com

Extension of Term. The term (athe “Term”) Subject to Section 2.2(e) below, Tenant shall have the right to extend the Term for all of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”)Lease is presently due to expire on September 30, 2021. The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half Term of the Premises. The Expiration Date and Lease is hereby extended through the date that ending sixty-four ( 64) months after the first Renewal Term expires shall be referred to herein 11th Floor Premises Commencement Date, such ending date being known as a the Renewal Expiration Date.” Any such extension As used herein, the “11th Floor Premises Commencement Date” shall mean the date upon which Landlord delivers to Tenant the premises measuring approximately 5,473 rentable square feet located on the eleventh (11th) floor of the Term shall be subject to Building and shown on all of Exhibit A attached hereto and made a part hereof (the same terms “11th Floor Premises”) vacant and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Termbroom-clean. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine use commercially reasonable efforts to deliver the Fair Market Rental Rate 11th Floor Premises to Tenant by December 1, 2018 (as defined below) by using its good faith judgment and deliver written notice thereof (the Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement 11th Floor Premises Target Delivery Date”), but Tenant shall have no claim against Landlord for failure to deliver the 11th Floor Premises to Tenant by such date. Notwithstanding the foregoing, (a) if the 11th Floor Premises Commencement Date has not occurred by December 31, 2018, then each party shall place in a separate sealed envelope their final proposal the Rent Abatement Period (as to Fair Market Rental Rate and such determination hereinafter defined) shall be submitted extended by one day for each day after December 31, 2018 until the 11th Floor Premises Commencement Date has occurred, and (b) if the 11th Floor Premises Commencement Date still has not occurred by January 31, 2019, then the Rent Abatement Period shall be extended by two days for each day after January 31, 2019 until the 11th Floor Premises Commencement Date has occurred or the Lease has been terminated, and ( c) if the 11th Floor Premises Commencement Date still has not occurred by March 31, 2019, Tenant may, at Tenant’s sole option, exercised by written notice to arbitration Landlord given any time after March 31, 2019 (but prior to the date on which the 11th Floor Premises Commencement Date occurs), cancel this Second Amendment, in which case the terms and provisions of this Second Amendment shall be null and void and without recourse to the parties hereto. When the 11th Floor Premises Commencement Date and the Expiration Date have been determined in accordance with the procedure provisions set forth belowin this Second Amendment, the parties hereto shall execute an instrument setting forth such dates, and updating the rent schedules set forth in Section 5 and Section 10 of this Second Amendment to include actual dates, and said instrument shall be deemed a supplement to and part of this Second Amendment.

Appears in 1 contract

Samples: Lease (Flywire Corp)

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Extension of Term. (a) Subject This Mortgage may be renewed or extended by an agreement in writing at maturity for any term with or without an increased rate of interest notwithstanding that there may be subsequent encumbrancers, and it shall not be necessary to Section 2.2(e) below, Tenant shall have register any such agreement in order to retain priority for this Mortgage so altered over any instrument registered subsequently to this Mortgage. If the right Mortgagor makes any payments to extend the Term for all Mortgagee after expiration of the Premises (“Renewal Option(s)”)) original term of this Mortgage or any subsequent term agreed to in writing between the Mortgagor and the Mortgagee without first having agreed in writing with the Mortgagee as to the terms of payment of the balance of the money then repaid, any such payment shall not be deemed to have renewed the term of this Mortgage for two (2) consecutive ten (10)-year periods (each a “Renewal Term”)the unexpired term of years based on the remaining amortization of this Mortgage. The Renewal Options granted herein may be exercised Mortgagor shall pay to the Mortgagee the amount of any renewal or extension fee charged by the original Tenant Mortgagee in connection with the renewal or extension of this Mortgage and any Permitted Assignee who occupies more than half of all solicitor's charges or commissions, on a solicitor and its client basis, incurred by the PremisesMortgagee in connection with the renewal or extension. The Expiration Date and If the date that Mortgagor does not pay the first Renewal Term expires renewal or extension fee and/or the Mortgagee's solicitor's charges or commissions, such amounts shall be referred added to herein as the Principal Amount and shall bear interest at the Mortgage Interest Rate and shall, with such interest, be a “Renewal Date.” Any such extension of charge on the Term Mortgaged Premises prior to all claims thereon subsequent to this Mortgage, and shall be subject to and payable on all demand. Nothing contained in this paragraph shall confer any right of renewal or extension upon the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth belowMortgagor.

Appears in 1 contract

Samples: www.rbcroyalbank.com

Extension of Term. (a) Subject In the event Sublandlord, in its sole and ----------------- absolute discretion, extends the term of the Prime Lease as therein provided and, in its sole and absolute discretion, desires to Section 2.2(e) belowcontinue to sublet the Premises during such extended term, Tenant shall have the right to extend then, so long as Subtenant has not been in default, beyond applicable notice and cure periods, during the Term for all of this Sublease, Sublandlord shall so notify Subtenant promptly, and the Term of this Sublease, upon Subtenant's written notice to Sublandlord within five (5) business days after receipt of Sublandlord's notice, shall be extended coterminous with the extended term(s) of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant Prime Lease and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of upon the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, herein expressed except that Monthly Rental for Basic Rent (as defined below) herein). Basic Rent for any extension Term shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout higher of: (i) the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the then current Fair Market Rental Rate Value (as defined belowherein) of the Premises in its then condition; or (ii) the rate of the Basic Rent to be paid by using its good faith judgment and deliver Sublandlord to Prime Landlord for the extension term at issue under the Prime Lease, calculated to reflect only the premises then constituting the Premises. If Subtenant does not provide a written notice thereof (“Option Rent Notice”) of its election to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate extend within the Tenant’s Review Periodfive (5)- business day period, Landlord Subtenant shall be deemed to have elected not to extend the term of this Sublease, thereafter Sublandlord shall be free to sublease the Premises to a third party or to not sublease the Premises at all, and Tenant the Term of this Sublease shall attempt to agree upon such Fair Market Rental Rate, using their best good faith effortsexpire on the Expiration Date or earlier termination hereof. If Landlord and Tenant fail Subtenant timely elects to reach agreement on extend the Fair Market Rental Rate Term, within thirty (30) days after Subtenant notifies Sublandlord of its election to extend the expiration Term, Sublandlord shall notify Subtenant in writing of Tenant’s Review Period (“Outside Agreement Date”)Sublandlord's reasonable determination of the Basic Rent for the Premises during such extended Term, then each party which amount shall place in a separate sealed envelope their final proposal as to be based on the market rate. Such amount shall be the "Fair Market Rental Rate Value" unless Subtenant objects to Sublandlord's determination within fifteen (15) days from Subtenant's receipt of Sublandlord's notice that Subtenant does not agree with Sublandlord's determination, in which case the phrase "Fair Market Rental Value" shall mean the then prevailing market rate for base minimum rental, calculated on a per square foot basis for leases covering buildings comparable to the Building (as adjusted for any variances between such buildings and the Building) located in the Cranbury, New Jersey metropolitan area (hereinafter referred to as the "Market Area") as determined by the following appraisal procedure: In the event that Subtenant notifies Sublandlord that Subtenant disagrees with Sublandlord's determination of the Fair Market Rental Value for the extension Term, then Subtenant shall specify, in such determination notice to Sublandlord, Subtenant's selection of a real estate appraiser who shall be submitted to arbitration act on Subtenant's behalf in accordance with determining the procedure set forth below.Fair

Appears in 1 contract

Samples: Agreement of Sublease (3 Dimensional Pharmaceuticals Inc)

Extension of Term. (a) Subject to Section 2.2(e) belowProvided that no Event of Default exists either at the time of exercise or at the time for commencement of each extension, Tenant shall have the right to may extend the Term for all of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time Lease for up to time, except that Monthly Rental (as defined below) shall be as determined two consecutive periods of five years each. Tenant must exercise each such right of extension by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary delivering written notice of the Renewal Date throughout the Renewal Term. To Tenant’s exercise a Renewal Option, at least twelve (12) months prior to the expiration of the Term (as it may have been extended). Each extension of the Term will be on the same terms, covenants and conditions as in this Lease as are in effect at the time of the commencement of the applicable Renewal Date, Tenant shall provide Landlord with written notice stating extension (provided that Tenant is exercising its not entitled to an Improvement Allowance with respect to any extension), other than Basic Rent. Basic Rent for each extension option period will be 95% of the Fair Market Basic Rent for the extension period. In no event will the Fair Market Basic Rent for an extension of the Term be less than the Basic Rent (“Extension Notice”)exclusive of temporary abatements) payable by Tenant for the Lease Year immediately prior to commencement of the applicable extension period. Not earlier than sixteen (16) months, nor later than fourteen (14) months, before the date of expiration of the initial Term or of any extension of the Term, as the case may be, Tenant may request in writing that Landlord advise Tenant of Landlord’s estimated Fair Market Basic Rent for the Premises for the next extension of the Term. Within thirty (30) days after Landlord’s receipt of the Extension Noticesuch request, Landlord shall determine respond with a written quotation of the applicable Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof Basic Rent (“Option Rent NoticeLandlord’s Quote”) and if Landlord fails to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt do so, then the deadline for exercising any extension of the Option Rent Notice Term pursuant to accept in writing Landlord’s determination of this Section 1.3 shall be extended to the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within date that is thirty (30) days after the expiration Tenant’s receipt of Landlord’s Quote. Tenant’s failure to timely request that Landlord provide Landlord’s Quote is a waiver of Tenant’s Review Period (“Outside Agreement Date”)right to extend the Term. After receipt of Landlord’s Quote, if Tenant timely gives notice of its exercise of the extension of the Term and does not in such notice contest Landlord’s Quote, then each party shall place in a separate sealed envelope their final proposal as to the applicable Fair Market Rental Rate and such determination Basic Rent during the applicable extension of the Term shall be submitted to arbitration as provided in Landlord’s Quote. After receipt of Landlord’s Quote, if Tenant timely gives notice of its exercise of the extension of the Term and in such notice contests Landlord’s Quote, then the applicable Basic Rent during the applicable extension of the Term shall be determined in accordance with Section 1.4 below. Tenant’s failure to timely give notice to Landlord of Tenant’s election to extend the procedure set forth belowTerm is a waiver of Tenant’s right to extend the Term.

Appears in 1 contract

Samples: Office Lease Agreement (Fender Musical Instruments Corp)

Extension of Term. (a) Subject Unless Lessee purchases the Equipment or renews the Term pursuant to the applicable Schedule, or acquires the Equipment pursuant to Section 2.2(e) below13 hereof, Tenant Lessee shall, at its expense, deinstall, inspect, test, and properly pack the Equipment, and return the Equipment at the expiration of the Term, free of all liens and rights of others, by delivering it on board such common carrier as Lessor may specify with freight prepaid to any destination within the United States of America specified by Lessor. If Lessor so requests, Lessor and its agents shall have the right to extend enter upon any premises where Equipment may be located to perform any of Lessee's tasks noted above in this Section 18, and Lessee shall reimburse Lessor for all costs and expenses Lessor incurs in fulfilling such tasks. Lessee agrees that the Term Equipment, when returned to Lessor, shall be in the same condition as when delivered to Lessee, reasonable wear and tear excepted, and certified as being eligible for Seller's or the manufacturer's generally available maintenance contract at then prevailing rates, without Lessor incurring any expense to repair, rehabilitate or certify such Equipment (Lessee shall be liable for all costs and expenses Lessor incurs to place the Equipment in such condition. If requested by Lessor, Lessee, at its expense, shall store the Equipment on its premises for a reasonable period, during which period the Equipment shall be subject to all of the Premises (“Renewal Option(s)”)) terms and conditions hereof, except for two (2) consecutive ten (10)-year periods (each a “Renewal Term”)the obligation to make Rental Payments. The Renewal Options granted herein may be exercised by In all instances where Lessee is returning Equipment to Lessor, Lessee shall give Lessor written notice thereof in accordance with the original Tenant and any Permitted Assignee who occupies more than half terms of the Premisesapplicable Schedule. The Expiration Date If Lessee fails to provide the aforementioned notice or return the Equipment to Lessor in the time and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of manner provided above, the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration extended in accordance with the procedure set forth belowterms of the applicable Schedule. If any Schedule is extended pursuant to the preceding sentence, Lessee shall continue to pay the higher of the periodic Rental Payments in effect prior to the expiration of the ten existing term of the applicable Schedule (whether it be the Initial Term or any Renewal Term (Applicable Term)) or such other periodic rental payment amount as is specified for such extension period in the Schedule, and all other provisions of this Agreement shall continue to apply.

Appears in 1 contract

Samples: Master Equipment Lease Agreement (Independent Bankshares Inc)

Extension of Term. (a) Subject to Section 2.2(e) belowIn the event Sublandlord extends the term of the Prime Lease as therein provided, Tenant Sublandlord shall have the right to extend so notify Subtenant promptly, and the Term for all of this Sublease, at the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half option of the Premises. The Expiration Date and the date that the first Renewal Term expires Subtenant, shall be referred extended up to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of July 31, 2007 upon the same terms and conditions as herein expressed and at the Basic Rent, which shall be the higher of: (i) a twenty-five percent (25%) discount to the then current Fair Market Rental Value (as hereinafter defined) of this the Subleased Premises in its then condition ; or (ii) the rate of the Annual Fixed Rent paid by Sublandlord to the Prime Landlord under the Prime Lease, as calculated to reflect only the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of premises then constituting the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”)Subleased Premises. Within thirty (30) days after Landlord’s receipt Sublandlord notifies Subtenant of the Extension Noticeextension of the Term, Landlord Sublandlord shall determine also notify Subtenant in writing of Sublandlord's reasonable determination of the Basic Rent for the Subleased Premises during such extended Term, which amount shall be based on the market rate. Such amount shall be the "Fair Market Rental Rate Value" unless Subtenant objects to Sublandlord's determination within fifteen (15) days from Subtenant's receipt of Sublandlord's notice that Subtenant does not agree with Sublandlord's determination, in which case the phrase "Fair Market Rental Value" shall mean the then prevailing market rate for base minimum rental, calculated on a per square foot basis for leases covering buildings comparable to the Building (as defined belowadjusted for any variances between such buildings and the Building) located in the Cambridge, Massachusetts metropolitan area (hereinafter referred to as the "Market Area") as determined by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s following appraisal procedure: In the event that Subtenant notifies Sublandlord that Subtenant disagrees with Sublandlord's determination of the Fair Market Rental RateValue for the extension Term, then Subtenant shall specify, in such notice to Sublandlord, Subtenant's selection of a real estate appraiser who shall act on Subtenant's behalf in determining the Fair Market Rental Value. In Within twenty (20) days after Sublandlord's receipt of Subtenant's selection of a real estate appraiser, Sublandlord, by written notice to Subtenant, shall designate a real estate appraiser, who shall act on Sublandlord's behalf in the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within Value. Within twenty (20) days of the Tenant’s Review Periodselection of Sublandlord's appraiser, Landlord and Tenant the two (2) appraisers shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on render a joint written determination of the Fair Market Rental Rate Value, which determination shall take into consideration any differences between the Building and those buildings comparable to the Building located in the Market Area, including without limitation age, location, setting and type of building. If the two (2) appraisers are unable to agree upon a joint written determination within thirty said twenty (3020) day period, the two appraisers shall select a third appraiser within such twenty (20) period. Within twenty (20) days after the expiration appointment of Tenant’s Review Period (“Outside Agreement Date”)the third appraiser, then each party the third appraiser shall place in render a separate sealed envelope their final proposal as to written determination of the Fair Market Rental Rate and such determination Value. The average of the three determinations shall be submitted to arbitration the final and conclusive Fair Market Rental Value. All appraisers selected in accordance with this Section shall have at least ten (10) years prior experience in the procedure set forth belowcommercial leasing market of the Market Area and shall be members of the American Institute of Real Estate Appraisers or similar professional organization. If either Sublandlord or Subtenant fails or refuses to select an appraiser, the other appraiser shall alone determine the Fair Market Rental Value. Sublandlord and Subtenant agree that they shall be bound by the determination of Fair Market Rental Value pursuant to this Section. Sublandlord shall bear the fee and expenses of its appraiser; Subtenant shall bear the fee and expense of its appraiser; and Sublandlord and Subtenant shall share equally the fee and expenses of the third appraiser, if any.

Appears in 1 contract

Samples: Agreement of Sublease (Ariad Pharmaceuticals Inc)

Extension of Term. 3.2.1 Subtenant named herein (and not any assignee of Subtenant’s interest under this Sublease other than an assignee under common control with Subtenant) shall have the option (the “Renewal Option”) (which is not assignable to any permitted assignee of this Sublease other than an assignee under common control with Subtenant) to extend the Sublease Term for an additional period equal to the Renewal Term described in Article 1. The Renewal Option may be exercised with respect to the entire Premises only and shall be exercisable by Subtenant as follows: By a date not later than ten (10) months prior to the last day of the Initial Term, TIME BEING OF THE ESSENCE, Subtenant shall request, in writing, that Sublandlord notify Subtenant of (a) Subject Sublandlord’s intention to Section 2.2(ere-occupy or not re-occupy the Premises, and (b) belowthe length of the Renewal Term, Tenant if any. Upon receipt of such request, Sublandlord shall notify Subtenant not later than the date which is nine (9) calendar months prior to the last day of the Initial Term (“Sublandlord’s Notice Date”) of its intention to re-occupy or not re-occupy the Premises and of the length of the Renewal Term, if any. If Sublandlord notifies Subtenant that it does not intend to re-occupy the Premises, Subtenant shall have the right to extend exercise the Renewal Option by delivering the renewal notice to Sublandlord with respect to the Renewal Term for all of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more not later than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant which is exercising its extension option (“Extension Notice”). Within thirty (30) days following Sublandlord’s Notice Date, TIME BEING OF THE ESSENCE. Subtenant may not exercise its Renewal Option if it is in default hereunder after Landlord’s receipt notice and expiration of the Extension Notice, Landlord shall determine applicable grace period on the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt date of the Option Rent Notice to accept in writing Landlord’s determination giving of the Fair Market Rental Rate. In the event Tenant objects to, renewal notice or fails to accept, Landlord’s determination it is in occupancy of less than one hundred percent (100%) of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement Premises on the Fair Market Rental Rate within thirty (30) days after first day of the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth belowRenewal Term.

Appears in 1 contract

Samples: Sublease (Coley Pharmaceutical Group, Inc.)

Extension of Term. (a) Subject to Section 2.2(e) belowUpon the First Must-Take Effective Date, Tenant shall have the right to extend the Term for all of this Lease shall be automatically extended and shall terminate on the last day of the Premises eighty-fourth (84th) full calendar month following the First Must-Take Effective Date (the Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal TermExtended Expiration Date”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half That portion of the Premises. The Term commencing the day immediately following the Expiration Date (“Extension Date”) and ending on the date that the first Renewal Term expires Extended Expiration Date shall be referred to herein as a the Renewal Date.Extended TermAny such extension and the portion of the Term commencing on the First Must-Take Effective Date and ending on the Extended Expiration Date is hereinafter referred to as the “First Must-Take Space Term”. The Base Rent rate per rentable square foot for the First Must -Take Space shall be subject to and on all of the same terms and conditions of this Lease, as the Base Rent rate per rentable square foot for the Initial Premises on the First Must-Take Effective Date. During the First Must-Take Space Term, the Base Rent rate for the First Must-Take Space shall increase at such times and in such amount as Base Rent for the Initial Premises, it being the intent of Landlord and Tenant that the Base Rent rate per rentable square foot for the First Must-Take Space shall be the same may be amendedas the Base Rent rate per rentable square foot for the Initial Premises. During the Extended Term, supplemented or modified from time to timethe Base Rent rate for the entire Premises (that is, except that Monthly Rental (as defined belowthe Initial Premises and the First Must-Take Space) shall be increased by an amount equal to one hundred three percent (103%) of the Base Rent rate then in effect as determined by this Section 2.2 belowof the Expiration Date. Thereafter, and Monthly Rental will automatically the monthly Base Rent for the entire Premises shall increase by 3.0% on each anniversary of three percent (3%) annually through the Renewal Date throughout the Renewal Extended Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after the expiration of Tenant’s Review Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration in accordance with the procedure set forth below.

Appears in 1 contract

Samples: Office Lease (Stitch Fix, Inc.)

Extension of Term. (a) Subject to Section 2.2(e) below16.01. Provided Subtenant is not then in default of this Sublease beyond applicable grace periods as set forth in this Sublease, Tenant Subtenant shall have two (2) options to extend the term for an additional five (5) years per option. If Subtenant elects to exercise either such option, it shall do so by delivering written notice of such election to Sublandlord no later than one hundred eighty (180) days prior to expiration of the then existing Term. Subtenant agrees that it shall have forever waived its right to exercise any such option if it shall fail for any reason whatsoever to give such written notice to Sublandlord by the time provided for the giving of such notice, time being of the essence as to the exercise of such option. If Subtenant effectively elects to exercise said options, the Term shall be automatically extended for the applicable Extended Period without execution of an agreement of extension or renewal lease. Within ten (10) days after request of either party after the effective exercise of any such option, Sublandlord and Subtenant shall execute, acknowledge and deliver to each other duplicate originals of an instrument in recordable form confirming that such option was effectively exercised provided however, a failure of the parties to execute such instrument within ten (10) days shall not affect the validity of Subtenant's exercise of its option. Except as herein otherwise provided, the applicable Extended Period shall be upon the same terms and conditions as are in effect immediately preceding the commencement of such applicable Extended Period, except that Subtenant shall have no right or option to extend the Term for all any period of the Premises (“Renewal Option(s)”)) for two (2) consecutive ten (10)-year periods (each a “Renewal Term”). The Renewal Options granted herein may be exercised by the original Tenant and any Permitted Assignee who occupies more than half of the Premises. The Expiration Date and the date that the first Renewal Term expires shall be referred to herein as a “Renewal Date.” Any such extension of the Term shall be subject to and on all of the same terms and conditions of this Lease, as the same may be amended, supplemented or modified from time to time, except that Monthly Rental (as defined below) shall be as determined by this Section 2.2 below, and Monthly Rental will automatically increase by 3.0% on each anniversary of the Renewal Date throughout the Renewal Term. To exercise a Renewal Option, at least twelve (12) months prior to the applicable Renewal Date, Tenant shall provide Landlord with written notice stating that Tenant is exercising its extension option (“Extension Notice”). Within thirty (30) days after Landlord’s receipt of the Extension Notice, Landlord shall determine the Fair Market Rental Rate (as defined below) by using its good faith judgment and deliver written notice thereof (“Option Rent Notice”) to Tenant. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of the Option Rent Notice to accept in writing Landlord’s determination of the Fair Market Rental Rate. In the event Tenant objects to, or fails to accept, Landlord’s determination of the Fair Market Rental Rate within the Tenant’s Review Period, Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate, using their best good faith efforts. If Landlord and Tenant fail to reach agreement on the Fair Market Rental Rate within thirty (30) days after beyond the expiration of Tenant’s Review the second Extended Period. The Fixed Rent for any Extended Period (“Outside Agreement Date”), then each party shall place in a separate sealed envelope their final proposal as to Fair Market Rental Rate and such determination shall be submitted to arbitration ninety five percent (95%) of the then Fair market Rent for the Demised Premises as determined in accordance with Article 17 of this Sublease, provided, however, that the procedure set forth belowannual Fixed Rent for any Extended Period shall not be less than the annual Fixed Rent paid in the Calendar Year next preceding the first year of the applicable Extended Period. Any termination, expiration, cancellation or surrender of this Sublease * shall terminate any right or option for the Extended Period not yet exercised.

Appears in 1 contract

Samples: Aftermarket Technology Corp

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