Common use of Extension Option Clause in Contracts

Extension Option. Landlord grants to Tenant an option (the “Option”) to extend the term of this Lease for two (2) additional periods of three (3) years (the “Renewal Term”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Pc Connection Inc)

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Extension Option. Landlord grants to Tenant an Subtenant shall have one option (the “Option”) to extend the term of this Lease for two the Sublease to expire on March 31, 2017 (2) additional periods of three (3) years (the Renewal Extension Term”) under ). This option is personal to the terms set forth below. Tenant Subtenant originally named herein and shall not be entitled to exercise the Option unless each of the following conditions exercisable and shall be fully satisfied deemed void if Subtenant is in default under this Sublease at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease exercise of such option, or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have if Subtenant has been in material default under (after any of applicable notice and cure period) at any time during the material termsterm hereof. The option must be exercised, provisionsif at all, covenants or conditions of by written notice (the Lease. In order “Commitment Notice”) to exercise the Option, Tenant must first give written request to Landlord, Sublandlord not less than six nine (69) months prior to the Expiration Date expiration of the Lease Term. All of the terms and conditions of this Sublease shall continue to apply during the term of such option, for delivery of Landlord’s determination of Market Rent, as defined below. except that Base Rent for the Renewal first (1st) year of the Extension Term shall be equal the “Fair Market Rent” for the Sublease Premises as determined pursuant to this Section 2(b) and, if applicable, Exhibit C. On each anniversary of the commencement date of the Extension Term, the Base Rent shall increased by three and one-half percent (3.5%), compounded. Upon receipt of the Commitment Notice, Sublandlord shall determine the Fair Market Rent for the Sublease Premises, which shall be based on comparable rents then charged and collected for non-renewing tenants for comparable space in the Sorrento Mesa area of San Diego County, taking into account items that professional real estate brokers customarily consider including location, whether the space is subleased or direct leased, rental rates, tenant improvements, office space availability, tenant size and other relative factors affecting properties in such area. In the event Subtenant objects to Sublandlord’s determination of the Fair Market Rent, as determined Sublandlord and Subtenant shall attempt to agree in accordance with this section (“good faith upon the Fair Market Rent”). Within If Sublandlord and Subtenant fail to reach agreement within thirty (30) days following its receipt of TenantSubtenant’s request, Landlord shall advise Tenant of Market Rent for each year delivery of the Renewal Term. Landlord Commitment Notice (the “Outside Agreement Date”), then each party shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s make a separate determination of the Fair Market Rent within five (5) business days after the Outside Agreement Date, concurrently exchange such determinations and such determinations shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable submitted to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent arbitration in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.Exhibit C.

Appears in 1 contract

Samples: Sublease (Ardea Biosciences, Inc./De)

Extension Option. Landlord grants Tenant shall have the option to Tenant an option renew the Lease as to the entire Premises for one period of five (the “Option”) to extend the term of this Lease for two (2) additional periods of three (35) years (the a “Renewal Term”) under at the terms set forth belowthen current market rental rate for comparable space in similar office buildings in the market where the Building is located taking into consideration all relevant factors, including, without limitation, the amount, on a per square foot basis, that a willing, comparable, non-equity tenant with a creditworthiness comparable to Tenant would pay given appropriate consideration to market rental rates, escalations, abatement provisions, free rent, if any, length of the Extension Term, and the location and size of the Premises (the “Market Rate”). Tenant shall not be entitled exercise its renewal option by written notice to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, Landlord given not less than six nine (69) months prior to the Expiration Date of the Term of the Lease Term, for delivery of Landlord’s determination of (the “Renewal Notice”). The Market Rent, as defined below. Base Rate shall be reasonably determined by agreement between Landlord and Tenant and shall be used to establish the Annual Minimum Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each first year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon have not agreed on the Market RentRate within forty-five (45) days after Tenant gives the Renewal Notice, then such exercise shall be automatically rescinded and the Lease shall not be extended for the Renewal Term. Tenant may nevertheless exercise its option by notifying Landlordto renew and Texxxx’x exercise of such option shall be effective only if, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation time of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent exercise and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by LandlordTerm, the next due payment or payments Lease is in full force and effect and Tenant is not in default under the Lease beyond any applicable cure period. Upon timely exercise of Rent the renewal option and mutual agreement on the Market Rate, the parties shall be appropriately adjusted enter into an amendment to reflect such overpayment or underpayment retroactive the Lease to commencement of extend the Term for the Renewal Term. If Landlord shall have no obligation to improve the Premises or provide further TI Contribution as an inducement to Tenant exercises exercising the Option as provided, Renewal Term. The Annual Minimum Rent for each year after the Expiration Date first year of the Lease Extension Term then exercised shall be extended one hundred three percent (103%) of the Annual Minimum Rent for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leasepreceding year.

Appears in 1 contract

Samples: Lease (Lightpath Technologies Inc)

Extension Option. Landlord grants to Tenant an option (shall have the “Option”) right to extend the term of this ---------------- Lease for two one additional period of five (25) additional periods years, to begin immediately upon the expiration of three (3) years the original term of this Lease (the “Renewal Term”) under "extended term"). All of the terms set forth terms, covenants and provisions of this Lease shall apply to such extended term except that the Annual Fixed Rent Rate for such extended term shall be the market rate at time of Tenant's exercise notice hereunder timely given during the months specified below, as designated by Landlord. If Tenant shall not be entitled elect to exercise the Option unless each aforesaid option, it shall do so by giving Landlord notice in writing of its intention to do so either during the fifty-first (51st) month or the seventy-fifth (75th) month of the following conditions shall be fully satisfied at original term of this Lease. If Tenant timely gives such notice, the time extension of its exercise: (i) the this Lease shall be in full force automatically affected without the execution of any additional documents. The original term and effect; (ii) the extended term are hereinafter collectively called the "term." If the Tenant originally named in this Lease or a permitted assignee shall be in possession disagrees with Landlord's designation of the entire Premises; market rate, and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree upon the market rate, then the market rate shall be submitted to arbitration as follows: market rate shall be determined by impartial arbitrators who shall be real estate professionals with experience in writing on Market Rent leasing similar properties, one to be chosen by the Landlord, one to be chosen by Xxxxxx, and a third to be selected, if necessary, as below provided. The unanimous written decision of the two first chosen, without selection and participation of a third arbitrator, or otherwise, the written decision of a majority of three arbitrators chosen and selected as aforesaid, shall be conclusive and binding upon Landlord and Tenant. Landlord and Tenant timely exercises shall each notify the Optionother of its chosen arbitrator within ten (10) days following the call for arbitration and, then unless such two arbitrators shall have reached a unanimous decision within thirty (30) days after Tenant’s exercise their designation, they shall so notify the then President of the OptionBoston Bar Association and request him to select an impartial third arbitrator, Tenant who shall be a real estate professional with experience in leasing like types of properties, to determine market rate as herein defined. Such third arbitrator and Landlord the first two chosen shall each select a licensed MAI appraiser with at least ten hear the parties and their evidence and render their decision within thirty (1030) years substantial commercial leasing expertise particularly in this area days following the conclusion of Palm Beach County, Florida such hearing and notify the other party of such selectionLandlord and Tenant thereof. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties Landlord and Tenant shall share equally the cost expense of the third appraiserarbitrator (if any). If either party fails the dispute between the parties as to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on a market rate has not been resolved before the commencement of Tenant's obligation to pay Fixed Rent based upon such market rate, then Tenant shall pay Fixed Rent under the Renewal Term begin paying Base Lease based upon the market rate designated in good faith by Landlord until either the agreement of the parties as to the market rate, or the decision of the arbitrators, as the case may be, at which time Tenant shall pay any underpayment of Fixed Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent any overpayment shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of credited against the Renewal TermFixed Rent next payable by Tenant hereunder. If Tenant exercises In no event, however, shall the Option as provided, the Expiration Date of the Lease shall be extended Annual Fixed Rent Rate for the length of the Renewal Extended Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leaseless than $400,000.

Appears in 1 contract

Samples: Commencement Date Agreement (Averstar Inc)

Extension Option. Landlord grants to Tenant an shall have the option (the “Option”) to extend the term of this Lease Term for two (2) additional periods of three five-year extension terms (3) years (the each an Renewal Extension Term”) under by notice given to Landlord at least twelve (12) months before the terms Term Expiration Date. Tenant’s election shall be exercised, and Annual Fixed Rent for the Extension Term shall be determined, as set forth below. If Tenant fails timely to exercise its option for any Extension Term, Tenant shall not be entitled have no further extension rights hereunder. Tenant’s option so to exercise extend the Option unless each of the following conditions Term shall be fully satisfied void, at Landlord’s election, if Tenant is in default (subject to any applicable notice and cure periods set forth in this Lease) at the time of its exercise: (i) Tenant elects to extend the Lease shall be in full force and effect; (ii) Term or at the Tenant originally named in this Lease or a permitted assignee shall be in possession time the Term would expire but for such extension. The extension of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be applicable to the entire Premises and Tenant shall have no right to extend the Term for only a portion of the Premises. During the Extension Term, if any, all provisions of this Lease shall apply except that Tenant shall have no further option to extend the Term after the last Extension Term. During the Extension Term, Tenant shall pay Annual Fixed Rent equal to ninety-five percent (95%) of the Market Rentthen prevailing market rate for a five (5) year lease of an entire office building in the market of Route 128 in Waltham comparable to the Premises in terms of location, finish (excluding any finishes that are not provided by Landlord or are not paid for by the Improvement Allowance), age, building quality and amenities for a tenant of equal size and financial strength as determined Tenant, under terms and conditions substantially the same as those of this Lease as though then available for single occupancy for the Permitted Uses (or any higher and better use then being made by Tenant) in accordance with this section “as-is” condition or such better condition in which Tenant is required to maintain the Premises (the Fair Market Rent”). Within thirty (30) days following In addition, if Tenant exercises its receipt right to extend the Term of Tenant’s requestthis Lease for an Extension Term, the base year for the purpose of determining Base Operating Expenses Per Square Foot of Rentable Floor Area and Base Taxes Per Square Foot of Rentable Floor Area shall be adjusted to equal the actual amount for the year immediately prior to the applicable Extension Term. Further, if Tenant exercises its right to extend the Term of this Lease for an Extension Term, Landlord shall advise provide Tenant with an allowance for the costs (“Expansion Allowance”) of Market Rent for redecorating the Premises in an amount not to exceed five and xx/100 dollars ($5.00) per square foot of rentable floor area, which Expansion Allowance shall be used by Tenant not later than the twelfth (12th) month of each year of Extension Term. The Expansion Allowance shall be disbursed in the Renewal Termsame manner and pursuant to the same terms and conditions as the Improvement Allowance. Landlord shall determine notify Tenant of its estimate of the Fair Market Rent within ten (including escalations for each successive year 10) days after Tenant exercises the applicable extension option. In the event that Landlord fails to notify Tenant of such estimate within ten (10) days after Tenant exercises such extension option, Tenant shall provide Landlord with a written notice requesting such estimate and Landlord shall have an additional five (5) Business Days following Tenant’s notice to notify Tenant of Landlord’s estimate of the Renewal Term) in its reasonable judgmentFair Market Rent. Tenant shall have the option to accept or reject by written notice Landlord’s determination estimate, or to withdraw its exercise of the extension option, in any case within fifteen (15) Business Days following delivery of Landlord’s estimate. Tenant’s failure to respond within such period shall be deemed to constitute rejection of Landlord’s estimate. In the event Tenant rejects Landlord’s estimate then the Fair Market Rent shall be basedarbitrated in accordance with the following procedure. In the event Landlord fails to notify Tenant of its estimate as provided above, the Tenant shall have the option to (i) determine Fair Market Rent by arbitration as Landlord reasonably deems appropriate, upon then current and projected rents for space in set forth below or (ii) withdraw its exercise of the Building, adjusted for any special conditions applicable extension option by written notice to such space and leases, for location, length Landlord. Each of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant, within twenty (20) days after notice by Tenant are unable to agree upon disputing Landlord’s estimate of the Fair Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed appoint as an arbitrator an MAI appraiser with at least ten (10) years substantial experience as an appraiser of office buildings in the Greater Boston area, including first class suburban office buildings, and shall give notice of such appointment to the other party. If either Landlord or Tenant shall fail timely to appoint an arbitrator, the other may apply to the Boston office of the American Arbitration Association (“AAA”) for appointment of such an arbitrator five (5) Business Days, as such term is defined in Section 8.20, after notice of such failure to the delinquent party if such arbitrator has not then been appointed. The two arbitrators shall, within five (5) Business Days after appointment of the second arbitrator, appoint a third arbitrator who shall be similarly qualified. If the two arbitrators are unable to agree timely on the selection of the third arbitrator, then either arbitrator on behalf of both may request such appointment from the Boston office of the AAA. The arbitration shall be conducted in accordance with the commercial leasing expertise particularly arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The arbitrators shall be charged to reach a majority written decision in accordance with the standards for the Fair Market Rent as provided in this area Section 2.4.1, within twenty (20) days after the third arbitrator is appointed, by selecting either of Palm Beach County, Florida the final estimates of the Fair Market Rent provided by Landlord and notify Tenant at the commencement of the hearing. The arbitrators shall have no authority or jurisdiction to make any other party determination of such selectionamount. The cost of the arbitration (exclusive of each party’s witness and attorneys fees, which shall be paid by such party) shall be borne equally by the parties. If the AAA shall cease to provide arbitration for commercial disputes in Boston, the second or third arbitrator, as the case may be, shall be appointed by any successor organization providing substantially the same services, and in the absence of such an organization, by a court of competent jurisdiction under the arbitration act of The Commonwealth of Massachusetts. If Landlord should delay in giving the notice which begins the valuation procedures of this Section 2.4.1, or if the process should otherwise be delayed for any reason, then such procedures shall nevertheless remain in effect and be applicable when and as invoked with respect to Annual Fixed Rent payable (during the Extension Term; but until such procedures are completed, Tenant shall pay on account of Annual Fixed Rent at the rate established for Annual Fixed Rent for the last twelve (12) months of the Term (and upon Fair Market Rent being established, Tenant shall pay the same within ten (10) days of such determination, retroactively to the beginning of the Extension Term). Each party shall bear the costs of the arbitrator selected appraisers by it and shall share equally in turn select a similar the costs of the third appraiser who will determine Market Rentarbitrator selected in accordance herewith. The parties shall share equally adjust for over or under payments within twenty (20) (days after the cost decision of the third appraiserarbitrators is announced. Promptly after the Annual Fixed Rent is determined for the Extension Term, Landlord and Tenant shall enter into an amendment of this Lease confirming the extension of the Term and the new rate for Annual Fixed Rent. Tenant’s rights under this Section 2.4.1 are personal to Tenant and shall not apply to any Transferee of Tenant (other than a Transferee under a Permitted Transfer). If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on at the commencement of an Extension Term Tenant has Transferred more than thirty-five percent (35%) of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by LandlordPremises (not including Permitted Transfers), the next due payment or payments of Rent then Tenant’s rights under this Section 2.4.1 shall be appropriately adjusted to reflect such overpayment null and void and of no further force or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leaseeffect.

Appears in 1 contract

Samples: Office Lease (Altus Pharmaceuticals Inc.)

Extension Option. Landlord grants Provided that at the time the Tenant gives notice of the exercise of its rights under this Section 2.5, and at the time the Term would have otherwise expired but for the exercise of such rights, the Tenant is in Good Standing, the Tenant shall have the right to Tenant an option extend the Term hereof (the “Extension Option”) to extend the term of this Lease for two one (21) additional periods period of three (3) years (the “Renewal Extension Term”) under the terms set forth below). Tenant shall not be entitled to exercise the The Extension Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) exercised by notice given by the Tenant originally named in this Lease or a permitted assignee shall be in possession of to the entire Premises; and Landlord at least twelve (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (612) months prior to the Expiration Date expiration of the Initial Term. Upon the Tenant’s giving such notice, this Lease and the Term hereof shall be extended for the applicable Extension Term without the necessity of execution of any additional documents. The Extension Term shall be upon all the terms, conditions and provisions of this Lease, except that the Annual Fixed Rent during the Extension Term shall be the fair market rental value (the “Fair Rental Value”) of the Premises as of the commencement of such Extension Term, determined as provided below. Tenant shall have no option to extend the Term for delivery any further Extension Term beyond the one provided for by this Section 2.5. The term “Fair Rental Value” shall mean the market rental value per annum and shall take into account the base rent and all other related and relevant factors for comparable office space in the Xxxxxx-Xxxxxxx area as are typically considered when determining such base rent (including, without limitation, the condition of the premises, any applicable tenant allowances, and the size of the tenant and leasing commissions, among other things). The Landlord shall exercise reasonable and good faith judgment in establishing the Fair Rental Value of the Premises for the Extension Term and, shall within forty-five (45) days of Tenant’s exercise of the Extension Option for the Extension Term notify Tenant in writing of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationproposed Fair Rental Value. If Tenant does not notify Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenantits receipt of Landlord’s exercise proposed Fair Rental Value that Tenant does not agree with such proposed Fair Rental Value then Landlord’s proposed Fair Rental Value shall be the Fair Rental Value of the OptionPremises, and the parties shall be bound to such amount. If on the other hand, Tenant does so notify Landlord within said thirty (30) days that it does not agree, then Landlord and Tenant shall negotiate in good faith to attempt to agree on Fair Rental Value by the date that is nine (9) months prior to the date on which the Extension Term is to commence. If the parties are not able to timely reach an agreement, such Fair Rental Value shall be determined in accordance with the arbitration procedure set forth in Exhibit I. If the applicable Fair Rental Value has not been determined as of the date the same is to become effective, the Tenant shall pay Annual Fixed Rent at the rate quoted by the Landlord as the Fair Rental Value until such determination is made. In the event it shall subsequently be determined that the Fair Rental Value quoted (and reasonably determined) by the Landlord was in excess of the Fair Rental Value, the Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify credit the other party amount of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market overpayment against the next installments of Annual Fixed Rent. The parties In the event it shall share equally subsequently be determined that the cost of Fair Rental Value quoted by the third appraiser. If either party fails to timely select an appraiser and notify Landlord was less than the other party of such selectionFair Rental Value, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on promptly pay the commencement of difference to the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.

Appears in 1 contract

Samples: Sublease (TripAdvisor, Inc.)

Extension Option. Landlord grants to Provided this Lease is in full force and effect and Tenant is not then in Default under any term or condition of this Lease, and provided further that Tenant is occupying substantially all of the Premises as set forth herein, Tenant shall have the options (each, an option (the Extension Option”) ), at the expiration of the initial Term or Extension Period, as the case may be, to extend the term of this Lease Term for up to two (2) additional consecutive periods of five (5) years each (each, an “Extension Period”), such extensions to be on the same terms, covenants and conditions as are herein contained, except that the Base Rent payable during the first (1st) year of each Extension Period shall be ninety-seven percent (97%) of Fair Market Rental Value, as defined below, with three percent (3%) years (annual escalations each year thereafter for the “Renewal Term”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each balance of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Leasesuch Extension Period. In order to validly exercise the an Extension Option, Tenant must first give provide written request notice to LandlordLandlord of Tenant’s intent to exercise the Extension Option at least nine (9) months, but not less more than six twelve (612) months months, prior to the Expiration Date expiration of the initial Term or Extension Period, as applicable. Without further instrument, lease or agreement, the Term of this Lease Termshall be so extended upon the giving of such written notice by Tenant; provided, however, Tenant agrees to execute such reasonable documentation as Landlord may reasonably request memorializing such extension. Within sixty (60) days following Tenant’s notice to Landlord of exercise of an Extension Option, Landlord shall notify Tenant in writing of the Fair Market Rental Value proposed by Landlord for delivery of the applicable Extension Period (“Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Proposed Rent”). Within If Tenant disagrees with Landlord’s Proposed Rent, Tenant shall notify Landlord in writing of such disagreement within thirty (30) days following its receipt of Landlord’s Proposed Rent and shall contemporaneously notify Landlord in writing of what Tenant believes is the Fair Market Rental Value for the upcoming Extension Period (“Tenant’s request, Proposed Rent”). Landlord and Tenant shall advise Tenant meet during the sixty (60) day period following the receipt of Market the written notice exercising the Extension Option and shall attempt to agree on the Base Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationExtension Period. If Landlord and Tenant are unable agree on the Base Rent for such Extension Period by the last day of such sixty (60) day period, Landlord and Tenant will forthwith execute a written agreement confirming the Base Rent for such Extension Period which has been agreed upon. If Landlord and Tenant fail to so agree upon Market Rentby the last day of the month following the written notice exercising the option, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised determination of the Base Rent for the applicable Extension Period shall be submitted to binding arbitration by Landlord and Tenant. Each of its initial determination Landlord and Tenant shall submit to the arbitrator copies of Market Landlord’s Proposed Rent and Tenant’s Proposed Rent, that Tenant has elected to exercise the Option . Such arbitration shall be filed at the Market Rent determined regional office of the American Arbitration Association in Atlanta, Georgia and conducted in Atlanta, Georgia before a single arbitrator and shall be administered by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent the American Arbitration Association in accordance with this Sectionits rules, procedures and protocols then in effect for the Real Estate Industry (the “AAA Rules”). If The arbitrator shall be an impartial professional selected in accordance with the AAA Rules. In the interest of expediting matters and reducing costs, the parties canto the arbitration shall not agree be entitled to file motions or conduct discovery. In rendering his/her decision, the arbitrator shall have the obligation to select either Landlord’s Proposed Rent or Tenant’s Proposed Rent as the Base Rent to be paid by Tenant. The arbitrator’s award shall be binding upon all parties to the arbitration and a judgment upon the award may be entered in writing on Market any court having jurisdiction thereof. The out-of-pocket attorneys’ fees and costs of Landlord and Tenant, the out-of-pocket costs of any appraiser or consultant engaged by Landlord or Tenant and the fees and costs of the American Arbitration Association and the arbitrator shall be paid by the party whose determination of Base Rent and Tenant timely exercises the Option, then was not selected within thirty (30) days after Tenant’s exercise of receipt of an invoice. If, by virtue of any delay, Fair Market Rental Value is not determined by the expiration or termination of the Optionthen-applicable Term, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine then until Fair Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market RentRental Value is determined, Tenant shall nonetheless on continue to pay Base Rent during the applicable Extension Period in the same amount which it was obligated under this Lease to pay prior to the commencement of such Extension Period. When Fair Market Rental Value is determined, the appropriate Base Rent shall be calculated retroactive to the commencement of the Renewal Term begin paying Base Rent at applicable Extension Period and Tenant shall either receive a refund from Landlord (in the case of an overpayment) or shall pay any deficiency to Landlord (in the case of an underpayment). In determining Fair Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than Rental Value, the Landlord and Tenant shall determine the amount initially determined by Landlordthat a willing tenant would pay, and a willing landlord of comparable flex warehouse/office spaces, at arm’s length, to rent premises of comparable size and quality as the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the LeasePremises.

Appears in 1 contract

Samples: Lease Agreement (GS Acquisition Holdings Corp II)

Extension Option. Landlord grants to Provided Tenant an is not in default of its obligations under this Lease, Tenant shall have one (1) five (5) year option (the “Option”) to extend the term of this Lease for two (2) additional periods of three (3) years (the “Renewal Term”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each Term of the following conditions shall be fully satisfied Premises in "as is" condition at the time of its exercise: (i) then current market rate. The option to extend is personal to the Tenant stated in the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease will not survive any assignment or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions sublet of the Lease. In order no event will the monthly rental be less than the rental for the last month of the previous term. Tenant shall give Landlord written notice of its intent to exercise the Option, Tenant must first give written request to Landlord, its option at least one hundred eighty (180) days but not less more than six two hundred seventy (6270) months days prior to the Expiration Date expiration of the current Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”)term. Within thirty (30) days following after Tenant exercises its receipt of Tenant’s requestoption to release, Landlord shall advise will provide Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be basedwith fair market rental, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option determined by notifying Landlord, within 30 as well as terms and conditions for the extended term. Tenant shall have thirty (30) days from the date on which Tenant was first advised notification by Landlord of its initial determination of Market Rentcurrent rent and terms and conditions to accept Landlord's fair market rent, that Tenant has elected terms and conditions. The parties are obligated to exercise negotiate in good faith to agree on the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Sectionmarket rental for any option period. If the parties canhave not agree in writing mutually agreed on Market Rent and Tenant timely exercises the Option, then market rental adjustment for any option period provided herein within thirty (30) days after Tenant’s exercise from notification by Landlord to Tenant of the OptionLandlord's rental determination, Tenant and Landlord each party hereto shall each select appoint one representative who shall be a licensed MAI appraiser real estate broker with at least a minimum of ten (10) years substantial commercial experience in leasing expertise particularly industrial space in this area of Palm Beach CountySunnyvale, Florida and notify California, to determine the other party of such selectionfair market rental for the Premises. The selected appraisers two (2) representatives so appointed shall in turn select a similar third appraiser who will determine Market Rentthe current rental value for the subsequent option period for the use to which Tenant is then utilizing the Premises pursuant to the terms and conditions of this Lease. The parties determination of said current rental value shall share equally be made by said two (2) representatives within sixty (60) days from notification by Landlord to Tenant of Landlord's rental determination and they shall submit said determination in writing to Landlord and Tenant. If the cost two (2) representatives of the parties hereto cannot agree on the rental value for the Premises herein, said two (2) representatives shall choose a third appraiserlicensed real estate broker with a minimum of ten (10) years experience in the leasing of industrial space in Sunnyvale, California, to act as an arbitrator. If the two representatives cannot or do not agree on a third representative, either party fails to timely select an appraiser and notify may have the other party of such selection, third representative chosen by the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement American Arbitration Association or by a judge of the Renewal Term begin paying Base Rent at Market Rent Santa Clarx Xxxnty Superior Court. The current rental value for the subsequent option period shall be independently determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlordarbitrator, the next due payment or payments of Rent which said determination shall be appropriately adjusted made within ninety (90) days from notification by Landlord to reflect such overpayment or underpayment retroactive to commencement Tenant of Landlord's rental determination. The role of the Renewal Term. If Tenant exercises arbitrator shall then be to immediately select from the Option as provided, the Expiration Date fair market rent proposals of the Lease representatives the one that most closely approximates the arbitrator's determination of fair market rental value. The arbitrator shall have no right to adopt a compromise or middle ground or any modification of either of the two fair market rent proposals. The proposal the arbitrator chooses as most closely approximating his determination of the question in issue shall constitute the decision and award and shall be extended for final and binding upon the length parties. Each party shall pay the charges of the Renewal Term representative appointed by such party. The charges and Base Rent expenses of the arbitrator, as provided herein, shall be adjusted to Market Rent. If Tenant shall fail to timely exercise paid by the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leaseparties hereto in equal shares.

Appears in 1 contract

Samples: Lease (Symyx Technologies Inc)

Extension Option. Landlord grants to Provided Tenant an is not in default of its obligations under this Lease, Tenant shall have one (1) five (5) year option (the “Option”) to extend the term of this Lease for two (2) additional periods of three (3) years (the “Renewal Term”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each Term of the following conditions shall be fully satisfied Premises in “as is” condition at the time of its exercise: (i) then current market rate. The option to extend is personal to the Tenant stated in the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease will not survive any assignment or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions sublet of the Lease. In order no event will the monthly rental be less than the rental for the last month of the previous term. Tenant shall give Landlord written notice of its intent to exercise the Option, Tenant must first give written request to Landlord, its option at least one hundred eighty (180) days but not less more than six two hundred seventy (6270) months days prior to the Expiration Date expiration of the current Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”)term. Within thirty (30) days following after Tenant exercises its receipt of Tenant’s requestoption to release, Landlord shall advise will provide Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be basedwith fair market rental, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option determined by notifying Landlord, within 30 as well as terms and conditions for the extended term. Tenant shall have thirty (30) days from the date on which Tenant was first advised notification by Landlord of its initial determination of Market Rent, that Tenant has elected current rent and terms and conditions to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate accept Landlord’s determination of Market Rent fair market rent, terms and conditions. The parties are obligated to negotiate in accordance with this Sectiongood faith to agree on the market rental for any option period. If the parties canhave not agree in writing mutually agreed on Market Rent and Tenant timely exercises the Option, then market rental adjustment for any option period provided herein within thirty (30) days after Tenantfrom notification by Landlord to Tenant of Landlord’s exercise of the Optionrental determination, Tenant and Landlord each party hereto shall each select appoint one representative who shall be a licensed MAI appraiser real estate broker with at least a minimum of ten (10) years substantial commercial experience in leasing expertise particularly industrial space in this area of Palm Beach CountySunnyvale, Florida and notify California, to determine the other party of such selectionfair market rental for the Premises. The selected appraisers two (2) representatives so appointed shall in turn select a similar third appraiser who will determine Market Rentthe current rental value for the subsequent option period for the use to which Tenant is then utilizing the Premises pursuant to the terms and conditions of this Lease. The parties determination of said current rental value shall share equally be made by said two (2) representatives within sixty (60) days from notification by Landlord to Tenant of Landlord’s rental determination and they shall submit said determination in writing to Landlord and Tenant. If the cost two (2) representatives of the parties hereto cannot agree on the rental value for the Premises herein, said two (2) representatives shall choose a third appraiserlicensed real estate broker with a minimum of ten (10) years experience in the leasing of industrial space in Sunnyvale, California, to act as an arbitrator. If the two representatives cannot or do not agree on a third representative, either party fails to timely select an appraiser and notify may have the other party of such selection, third representative chosen by the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement American Arbitration Association or by a judge of the Renewal Term begin paying Base Rent at Market Rent Santa Xxxxx County Superior Court. The current rental value for the subsequent option period shall be independently determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlordarbitrator, the next due payment or payments of Rent which said determination shall be appropriately adjusted made within ninety (90) days from notification by Landlord to reflect such overpayment or underpayment retroactive to commencement Tenant of Landlord’s rental determination. The role of the Renewal Term. If Tenant exercises arbitrator shall then be to immediately select from the Option as provided, the Expiration Date fair market rent proposals of the Lease representatives the one that most closely approximates the arbitrator’s determination of fair market rental value. The arbitrator shall have no right to adopt a compromise or middle ground or any modification of either of the two fair market rent proposals. The proposal the arbitrator chooses as most closely approximating his determination of the question in issue shall constitute the decision and award and shall be extended for final and binding upon the length parties. Each party shall pay the charges of the Renewal Term representative appointed by such party. The charges and Base Rent expenses of the arbitrator, as provided herein, shall be adjusted to Market Rent. If Tenant shall fail to timely exercise paid by the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leaseparties hereto in equal shares.

Appears in 1 contract

Samples: Lease (Accelrys, Inc.)

Extension Option. Landlord grants to Tenant an shall have the option (the “Option”) to extend the term of this Lease Term for two (2) additional periods of three five-year extension terms (3) years (the each an Renewal Extension Term”) under by notice given to Landlord at least twelve (12) months before the terms Term Expiration Date. Tenant’s election shall be exercised, and Annual Fixed Rent for the Extension Term shall be determined, as set forth below. If Tenant fails timely to exercise its option for any Extension Term, Tenant shall not be entitled have no further extension rights hereunder. Tenant’s option so to exercise extend the Option unless each of the following conditions Term shall be fully satisfied void, at Landlord’s election, if Tenant is in default (subject to any applicable notice and cure periods set forth in this Lease) at the time of its exercise: (i) Tenant elects to extend the Lease shall be in full force and effect; (ii) Term or at the Tenant originally named in this Lease or a permitted assignee shall be in possession time the Term would expire but for such extension. The extension of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be applicable to the entire Premises and Tenant shall have no right to extend the Term for only a portion of the Premises. During the Extension Term, if any, all provisions of this Lease shall apply except that Tenant shall have no further option to extend the Term after the last Extension Term. During the Extension Term, Tenant shall pay Annual Fixed Rent equal to ninety-five percent (95%) of the Market Rentthen prevailing market rate for a five (5) year lease of an entire laboratory building in the market of Route 128 in Waltham comparable to the Premises in terms of location, finish (excluding any finishes that are not provided by Landlord or are not paid for by the Improvement Allowance), age, building quality and amenities for a tenant of equal size and financial strength as determined Tenant, under terms and conditions substantially the same as those of this Lease as though then available for single occupancy for the Permitted Uses (or any higher and better use then being made by Tenant) in accordance with this section “as-is” condition or such better condition in which Tenant is required to maintain the Premises (the Fair Market Rent”). Within thirty (30) days following Further, if Tenant exercises its receipt right to extend the Term of Tenant’s requestthis Lease for an Extension Term, Landlord shall advise provide Tenant with an allowance for the costs (“Expansion Allowance”) of Market Rent for redecorating the Premises in an amount not to exceed five and 00/100 dollars ($5.00) per square foot of rentable floor area, which Expansion Allowance shall be used by Tenant not later than the twelfth (12th) month of each year of Extension Term. The Expansion Allowance shall be disbursed in the Renewal Termsame manner and pursuant to the same terms and conditions as the Improvement Allowance. Landlord shall determine notify Tenant of its estimate of the Fair Market Rent within ten (including escalations for each successive year 10) days after Tenant exercises the applicable extension option. In the event that Landlord fails to notify Tenant of such estimate within ten (10) days after Tenant exercises such extension option, Tenant shall provide Landlord with a written notice requesting such estimate and Landlord shall have an additional five (5) Business Days following Tenant’s notice to notify Tenant of Landlord’s estimate of the Renewal Term) in its reasonable judgmentFair Market Rent. Tenant shall have the option to accept or reject by written notice Landlord’s determination estimate, or to withdraw its exercise of the extension option, in any case within fifteen (15) Business Days following delivery of Landlord’s estimate. Tenant’s failure to respond within such period shall be deemed to constitute rejection of Landlord’s estimate. In the event Tenant rejects Landlord’s estimate then the Fair Market Rent shall be basedarbitrated in accordance with the following procedure. In the event Landlord fails to notify Tenant of its estimate as provided above, the Tenant shall have the option to (i) determine Fair Market Rent by arbitration as Landlord reasonably deems appropriate, upon then current and projected rents for space in set forth below or (ii) withdraw its exercise of the Building, adjusted for any special conditions applicable extension option by written notice to such space and leases, for location, length Landlord. Each of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant, within twenty (20) days after notice by Tenant are unable to agree upon disputing Landlord’s estimate of the Fair Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed appoint as an arbitrator an MAI appraiser with at least ten (10) years substantial experience as an appraiser of laboratory buildings in the Greater Boston area, including first class suburban laboratory buildings, and shall give notice of such appointment to the other party. If either Landlord or Tenant shall fail timely to appoint an arbitrator, the other may apply to the Boston office of the American Arbitration Association (“AAA”) for appointment of such an arbitrator five (5) Business Days, as such term is defined in Section 8.20, after notice of such failure to the delinquent party if such arbitrator has not then been appointed. The two arbitrators shall, within five (5) Business Days after appointment of the second arbitrator, appoint a third arbitrator who shall be similarly qualified. If the two arbitrators are unable to agree timely on the selection of the third arbitrator, then either arbitrator on behalf of both may request such appointment from the Boston office of the AAA. The arbitration shall be conducted in accordance with the commercial leasing expertise particularly arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The arbitrators shall be charged to reach a majority written decision in accordance with the standards for the Fair Market Rent as provided in this area Section 2.4.1, within twenty (20) days after the third arbitrator is appointed, by selecting either of Palm Beach County, Florida the final estimates of the Fair Market Rent provided by Landlord and notify Tenant at the commencement of the hearing. The arbitrators shall have no authority or jurisdiction to make any other party determination of such selectionamount. The cost of the arbitration (exclusive of each party’s witness and attorneys fees, which shall be paid by such party) shall be borne equally by the parties. If the AAA shall cease to provide arbitration for commercial disputes in Boston, the second or third arbitrator, as the case may be, shall be appointed by any successor organization providing substantially the same services, and in the absence of such an organization, by a court of competent jurisdiction under the arbitration act of The Commonwealth of Massachusetts. If Landlord should delay in giving the notice which begins the valuation procedures of this Section 2.4.1, or if the process should otherwise be delayed for any reason, then such procedures shall nevertheless remain in effect and be applicable when and as invoked with respect to Annual Fixed Rent payable (during the Extension Term; but until such procedures are completed, Tenant shall pay on account of Annual Fixed Rent at the rate established for Annual Fixed Rent for the last twelve (12) months of the Term (and upon Fair Market Rent being established, Tenant shall pay the same within ten (10) days of such determination, retroactively to the beginning of the Extension Term). Each party shall bear the costs of the arbitrator selected appraisers by it and shall share equally in turn select a similar the costs of the third appraiser who will determine Market Rentarbitrator selected in accordance herewith. The parties shall share equally adjust for over or under payments within twenty (20) (days after the cost decision of the third appraiserarbitrators is announced. Promptly after the Annual Fixed Rent is determined for the Extension Term, Landlord and Tenant shall enter into an amendment of this Lease confirming the extension of the Term and the new rate for Annual Fixed Rent. Tenant’s rights under this Section 2.4.1 are personal to Tenant and shall not apply to any Transferee of Tenant (other than a Transferee under a Permitted Transfer). If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on at the commencement of an Extension Term Tenant has Transferred more than thirty-five percent (35%) of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by LandlordPremises (not including Permitted Transfers), the next due payment or payments of Rent then Tenant’s rights under this Section 2.4.1 shall be appropriately adjusted to reflect such overpayment null and void and of no further force or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leaseeffect.

Appears in 1 contract

Samples: Altus Pharmaceuticals Inc.

Extension Option. Landlord grants to Provided that as of the date of the notice specified below, Tenant an option (is not in default and has not previously been in default of its obligations under this Lease beyond any applicable grace period more than once, Tenant shall have the “Option”) right to extend the term of this Lease for two one additional period of five (25) additional periods years, to begin immediately upon the expiration of three (3) years the original term of this Lease (the “Renewal Term”) under "extended term"). All of the terms, covenants and provisions of this Lease shall apply to such extended terms set forth belowexcept that the Annual Fixed Rent Rate for such extension period shall be the fair market rate at the commencement of such extended term, as designated by Landlord for comparable buildings in the greater Burlington area. If Tenant shall not be entitled elect to exercise the Option unless each aforesaid option, it shall do so by giving Landlord notice in writing of its intention to do so not later than one (1) year prior to the expiration of the following conditions shall be fully satisfied at original term of this Lease. If Tenant gives such notice, the time extension of its exercise: (i) the this Lease shall be in full force automatically effected without the execution of any additional documents. The original term and effect; (ii) the extended term are hereinafter collectively called the "term". If the Tenant originally named in this Lease or a permitted assignee shall be in possession disagrees with Landlord's designation of the entire Premises; market rate, and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent upon the market rate, then the market rate shall be submitted to arbitration as follows: market rate shall be determined by impartial arbitrators, one to be chosen by the Landlord, one to be chosen by Xxxxxx, and a third to be selected, if necessary, as below provided. The unanimous written decision of the two first chosen, without selection and participation of a third arbitrator, or otherwise, the written decision of a majority of three arbitrators chosen and selected as aforesaid, shall be conclusive and binding upon Landlord and Tenant. Landlord and Tenant timely exercises shall each notify the Optionother of its chosen arbitrator within ten (10) days following the call for arbitration and, then unless such two arbitrators shall have reached a unanimous decision within thirty (30) days after Tenant’s exercise their designations, they shall so notify the then President of the OptionBoston Bar Association and request him to select an impartial third arbitrator, Tenant who shall be another office building owner, a real estate counselor or a broker dealing with like types of properties, to determine market rate as herein defined. Such third arbitrator and Landlord the first two chosen shall each select a licensed MAI appraiser with at least ten hear the parties and their evidence and render their decision within thirty (1030) years substantial commercial leasing expertise particularly in this area days following the conclusion of Palm Beach County, Florida such hearing and notify the other party of such selectionLandlord and Tenant thereof. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties Landlord and Tenant shall share equally the cost expense of the third appraiserarbitrator (if any). If either party fails the dispute between the parties as to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on a market rate has not been resolved before the commencement of Tenant's obligation to pay Fixed Rent based upon such market rate, then Tenant shall pay Fixed Rent under the Renewal Term begin paying Base Lease based upon the market rate designated by Landlord until either the agreement of the parties as to the market rate, or the decision of the arbitrators, as the case may be, at which time Tenant shall pay any underpayment of Fixed Rent at Market to Landlord, or Landlord shall refund any overpayment of Fixed Rent determined by Landlordto Tenant. If Market In any event, the Annual Fixed Rent is ultimately determined to Rate for the extended term shall not be other less than the amount initially determined by Landlord, the next due payment or payments of Annual Fixed Rent shall be appropriately adjusted Rate in effect immediately prior to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leaseterm.

Appears in 1 contract

Samples: Ibasis Inc

Extension Option. Landlord grants to Tenant an shall have the option (the “Option”) to extend the Term for one additional three year extension term of this Lease for two (2) additional periods of three (3) years (the “Renewal "Extension Term") under by notice given to Landlord at least six months before the terms Term Expiration Date. Tenant's election shall be exercised, and Annual Fixed Rent for each Extension Term shall be determined, as set forth below. If Tenant fails timely to exercise its option for the Extension Term, Tenant shall not be entitled have no further extension rights hereunder. Tenant's option so to exercise extend the Option unless each of the following conditions Term shall be fully satisfied void, at Landlord's election, if Tenant is in default (continuing beyond any applicable cure period) at the time Tenant elects to extend the Term or at the time the Term would expire but for such extension. The extension of its exercise: (i) the Lease Term shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of applicable to the entire Premises; and (iii) . During the Extension Term, if any, all provisions of this Lease shall apply except that Tenant shall not have been in default under any no further option to extend the Term after the Extension Term. During the Extension Term, Tenant shall pay Annual Fixed Rent equal to 95% of the material termsthen-prevailing market rate for three to five year leases of office space in the greater Boston, provisionsMassachusetts "Metro-West" area comparable to the Premises in terms of location within a building, covenants or conditions finish, age, building quality and amenities for a tenant of equal size and financial strength as Tenant. Landlord shall notify Tenant of its estimate of the Leaseprevailing market rate within ten (10) days after Tenant exercises the extension option. Tenant shall have the option to accept or reject by written notice Landlord's estimate, or to withdraw its exercise of the extension option. In order to exercise the Option, event Tenant must first give written request to rejects Landlord, not less than six (6) months prior to 's estimate then the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term prevailing market rate shall be equal to the Market Rent, as determined arbitrated in accordance with this section (“Market Rent”)the following procedure. Within thirty (30) days following its receipt Each of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying LandlordTenant, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty twenty (3020) days after Tenant’s exercise notice by Tenant disputing Landlord's estimate of the Optionprevailing market rate, Tenant and Landlord shall each select a licensed appoint as an arbitrator an MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area experience as an appraiser of Palm Beach CountyBoston office buildings, Florida including first class suburban office buildings, and notify the other party shall give notice of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.appointment

Appears in 1 contract

Samples: Altarex Corp

Extension Option. Tenant may extend the Term as to the entirety of either or both of the Buildings (as more fully described below) for one additional period of 10 years, by delivering written notice of the exercise thereof, including an acknowledgment by the Guarantor that the obligations of Tenant during the extended Term shall be included as part of the obligations guaranteed by Guarantor under the Guarantee, to Landlord grants not earlier than 24 months nor later than 21 months before the expiration of the Term. The Basic Rent payable for each month during such extended Term shall be the then current prevailing net effective rental rate at the commencement date of the extended Term, for extensions of space in buildings (including the Buildings and related complex) of equivalent quality, size, utility and location within the former City of Kanata submarket, with the length of the extended Term and the credit standing of Tenant and the guarantee of the Guarantor to Tenant an option be taken into account, together with any tenant inducements payable or contributed by landlords of such premises/tenancies (such as cash allowances, free rent, landlord’s works) so as to achieve current net effective market rental rates with periodic increases in Basic Rent (the “OptionPrevailing Rental Rate”) to extend multiplied by 95%. In no event, however, shall the term of this Lease for two (2) additional periods of three (3) years Basic Rent in the extended Term be less than the Basic Rent rate per rentable square foot in effect during the last calendar month in the immediately preceding Term (the “Minimum Renewal Term”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market RentRate”). Within thirty (30) 30 days following its after receipt of Tenant’s requestnotice to extend, Landlord shall deliver to Tenant written notice of the Prevailing Rental Rate and all other applicable terms and shall advise Tenant of Market Rent for each year the required adjustment to Basic Rent, if any, and the other terms and conditions offered. Tenant shall, within 15 business days after receipt of the Renewal Term. Landlord’s notice and all supporting documentation and information relating thereto, notify Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. writing whether Tenant accepts or rejects Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationPrevailing Rental Rate. If Tenant timely notifies Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying (within 15 business days of receipt of Landlord, within 30 days from ’s written notice of the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, Prevailing Rental Rate together with all supporting information relating thereto as aforesaid) that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate accepts Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing Prevailing Rental Rate, then, on Market Rent or before the commencement date of the extended Term, Landlord and Tenant timely exercises shall execute an amendment to this Lease extending the Option, then within thirty (30) days after Tenant’s exercise of Term on the Option, Tenant same terms and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly conditions provided in this area of Palm Beach CountyLease, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option except as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.follows:

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Extension Option. Landlord grants to Provided that Tenant is not in default of any monetary or material non-monetary provision of this Lease at the time of exercise of an option to extend provided herein or at any time thereafter prior to the commencement of the applicable “Option Term” (as hereinafter defined), Tenant shall have the “Option”) option to extend the term Term of this Lease for two (2) additional periods terms of three Sixty (360) years (the months, such period being referred to herein as an Renewal Option Term”, only by giving Landlord written notice at least two hundred seventy (270) under days before the terms set forth belowexpiration of the then applicable Term. Tenant All of the terms, covenants, conditions, provisions and agreements applicable to the initial Term shall not be entitled applicable to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base except that the Basic Rent for payable during the Renewal Option Term shall be equal to the Market Rentfair market rental rate or rates for comparable buildings (considering size, age, quality, utility, location, access, improvements and amenities) located within the general geographic location of the Project, as reasonably determined by Landlord. In determining the fair market rental rate, Landlord shall take into account recent leases within the Building. Landlord shall, upon receipt of Tenant’s notice provided for above and at least four (4) months prior to the expiration of the original Term, notify Tenant in accordance with this section (“Market Rent”)writing of its determination of the fair market rental rate or rates and the Basic Rent for the Option Term. Within ten (10) days after such notice is given, Tenant may elect in written notice to Landlord either to (i) accept such Basic Rent for the Option Term as determined by Landlord, or (ii) terminate this Lease as of the expiration of the original Term, or (iii) provide Landlord with Notice that it elects to appoint an independent licensed appraiser to conduct an independent evaluation of the fair market rental rate for comparable offices. Tenant shall have thirty (30) days following to complete the appraisal. Tenant shall then Notify Landlord of its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. intent to accept Landlord’s determination of fair market rent or object to the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationLandlord’s determination thereof. If Landlord and Tenant are unable to agree upon Market Rentthe difference between the Landlord’s determination is less than 5%, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate then Landlord’s determination of Market Rent fair market rental rate shall be the rate used during the Option Term. However, if the difference between Landlord’s estimate of fair market rental rate and that made by the appraiser is 5% or greater, then Landlord may (i) accept the appraiser’s determination of fair market rent rate, or (ii) appoint a second independent licensed appraiser to reconcile the two opinions of value, which reconciliation shall be completed within Thirty (30) days, and the reconciled amount shall be the fair market rental rate. Tenant’s failure to make a written elections strictly in accordance with this Sectionthe preceding sentences shall be deemed to be an acceptance of the Basic Rent as determined by Landlord. If Time is of the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenantessence with respect to Txxxxx’s exercise of the Option, option to extend the Term of this Lease provided herein. The option to extend the Term pursuant hereto by the Option Terms shall be personal to the original Tenant signatory to this Lease and Landlord shall each select not be exercisable by or for the benefit of any assignee or subtenant of Tenant other than an assignee in connection with a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly permitted assignment: pursuant to Article 15 below. All references in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.

Appears in 1 contract

Samples: Office Building Lease (Southwest Community Bancorp)

Extension Option. Landlord grants to Provided that as of the date of the notice specified below, Tenant an option (is not in default and has not previously been in default of its obligations under this Lease beyond any applicable grace period, Tenant shall have the “Option”) right to extend the term of this Lease for two one additional period of five (25) additional periods years, to begin immediately upon the expiration of three (3) years the original term of this Lease (the “Renewal Termextended term) under the terms set forth below). Tenant shall not be entitled to exercise the Option unless each All of the following conditions terms, covenants and provisions of this Lease shall apply to such extended term except that the Annual Fixed Rent Rate for such extension period shall be fully satisfied the market rate at the time commencement of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (6) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rentsuch extended term, as determined in accordance with the procedure set forth in the next paragraph below. If Tenant shall elect to exercise the aforesaid option, it shall do so by giving Landlord notice in writing of its intention to do so not later than one (1) year prior to the expiration of the original term of this section Lease. If Tenant gives such notice, the extension of this Lease shall be automatically effected without the execution of any additional documents, subject to the parties’ agreement on market rate as set forth below. The original term and the extended term are hereinafter collectively called the “term”. If Tenant exercises the aforesaid option, then not later than eleven (“Market Rent”)11) months prior to the expiration of the original term of this Lease Landlord shalt give written notice to Tenant of Landlord’s designation of the market rate. Within fifteen (15) days following Landlord’s notice, Tenant shall either propose its designation of the market rate by giving notice thereof to Landlord or shall accept Landlord’s designation. Failure on the part of Tenant to give such notice of its designation shall bind Tenant to Landlord’s designation. If Tenant proposes its designation of the market rate, then Landlord and Tenant shall attempt to agree upon a market rate. If the parties have been unable to reach agreement within thirty (30) days following its receipt of Tenant’s requestdesignation, Landlord then the market rate may be submitted to arbitration by either party as follows: market rate shall advise Tenant of Market Rent for each year be determined by impartial arbitrators, one to be chosen by the Landlord, one to be chosen by Tenant, and a third to be selected, if necessary, as below provided. The unanimous written decision of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year two first chosen, without selection and participation of a third arbitrator, or otherwise, the Renewal Term) in its reasonable judgment. Landlord’s determination written decision of the Market Rent a majority of three arbitrators chosen and selected as aforesaid, shall be based, as conclusive and binding upon Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationTenant. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from shall each notify the date on which Tenant was first advised by Landlord other of its initial determination of Market Rentchosen arbitrator within ten (10) days following the call for arbitration and, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to unless such two arbitrators shall have reached a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then unanimous decision within thirty (30) days after Tenant’s exercise their designation, they shall so notify the then President of the OptionBoston Bar Association and request him to select an impartial third arbitrator, Tenant who shall be another office building owner, a real estate counselor or a broker dealing with like types of properties, to determine market rate as herein defined. Such third arbitrator and Landlord the first two chosen shall each select a licensed MAI appraiser with at least ten hear the parties and their evidence and render their decision within thirty (1030) years substantial commercial leasing expertise particularly in this area days following the conclusion of Palm Beach County, Florida such hearing and notify the other party of such selectionLandlord and Tenant thereof. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties Landlord and Tenant shall share equally the cost expense of the third appraiserarbitrator (if any). If either party fails the dispute between the parties as to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on a market rate has not been resolved before the commencement of Tenant’s obligation to pay Fixed Rent based upon such market rate, then Tenant shall pay Fixed Rent under the Renewal Term begin paying Base Lease based upon the market rate designated by Landlord until either the agreement of the parties as to the market rate, or the decision of the arbitrators, as the case may be, at which time Tenant shall pay any underpayment of Fixed Rent at Market to Landlord, or Landlord shall refund any overpayment of Fixed Rent determined by Landlordto Tenant. If Market In any event, the Annual Fixed Rent is ultimately determined to Rate for the extended term shall not be other less than the amount initially determined by Landlord, the next due payment or payments of Annual Fixed Rent shall be appropriately adjusted Rate in effect immediately prior to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leaseterm.

Appears in 1 contract

Samples: Infraredx Inc

Extension Option. Landlord grants to Tenant an shall have the option (the “Option”) to extend the term of this Lease for two one (21) additional periods of three (3) years term (the “Renewal Term”) under of five (5) years on the terms and conditions set forth below. herein, provided that Tenant shall is not be entitled to exercise in default under this Lease (and the Option unless each default remains uncured after expiration of the following conditions shall be fully satisfied applicable cure period) at the time of its exercise: (i) exercise and at the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession commencement of the entire Premises; and (iii) Renewal Term. The extension option must be exercised, if at all, by written notice delivered by Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, Landlord not less than six (6) months prior to the Expiration Date expiration of the current Lease Term (a “Renewal Notice”). If Tenant does not provide Landlord with the Renewal Notice prior to such date, or if Tenant is in default of this Lease beyond any cure period at the time of exercise or at the commencement of the Renewal Term, then such option to extend shall automatically expire and Tenant shall have no additional option or other right to extend the term of this Lease. Tenant acknowledges that strict compliance with the deadline for delivery exercise is a material provision of Landlord’s determination of Market Rent, as defined belowthe Lease. The Base Rent for payable by Tenant during the Renewal Term shall be equal to based upon the Market Rentthen current market rental for similar premises in similar buildings in similar locations in Portland, as determined in accordance with this section Oregon (“Market RentComparable Rentals”). Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent In computing the market rent for each year of the Premises during the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent , consideration shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable given to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationthis Lease being a “gross lease”. If Landlord and Tenant are unable to agree upon Market Rentthe Base Rent for the Renewal Term within sixty (60) days after Tenant gives its notice of intention to extend, Landlord and Tenant may nevertheless exercise its option by notifying Landlord, will select an independent appraiser satisfactory to both. If Landlord and Tenant do not agree upon an appraiser within 30 days from the date on which sixty (60) day period after Tenant was first advised by Landlord gives notice of its initial determination of Market Rentintention to extend, that Tenant has elected to exercise the Option at the Market Rent determined by then Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises will each independently select and compensate an appraiser, and the Optiontwo appraisers will then select a third appraiser. The third appraiser, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such appraiser’s selection, will determine the then current market rental as defined above. The selected appraisers shall in turn select a similar market rate established by the third appraiser who will determine Market Rent. The parties shall share equally be the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of rental rate hereunder for the Renewal Term. If Tenant exercises Each appraiser selected pursuant to this paragraph must be licensed as a real estate appraiser in the Option as provided, the Expiration Date State of Oregon. The costs of the Lease shall third appraiser will be extended for the length of the Renewal Term paid 50% by Landlord and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease50% by Tenant.

Appears in 1 contract

Samples: Lease (Pixelworks, Inc)

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Extension Option. Landlord grants to Tenant an option (the “Option”) may elect to extend the term of this Lease for two (2) additional five (5) year periods (each such period being referred to herein as an "Extension Term"), by giving Landlord notice of three such election no later than twelve (3) years (the “Renewal Term”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (612) months prior to before the Expiration Date then scheduled expiration of the Lease Term, for delivery provided that on the date such notice is given and on the commencement date of Landlord’s determination the Extension Term, Tenant is not in default after the expiration of Market Rentall applicable notice and/or grace periods and Tenant is in occupancy of the majority of the original Premises leased hereunder. Such extension shall be upon the same terms, as defined below. covenants, and conditions contained in this Lease except that Tenant shall have no further right to extend the Lease Term beyond the 2nd Extension Term and except that the Base Rent for the Renewal Extension Term shall be at the greater of (a) the then current Annual Fixed Rent Rate or (b) a rate equal to the then fair market rent. Fair market rent shall be equal to the Market Rent, as determined value of comparable space in accordance with this section (“Market Rent”)comparable properties in the immediate area of the Property. Within thirty (30) days following its receipt of Tenant’s requestUpon Tenant election to extend, Landlord shall advise Tenant of Market Rent promptly provide in writing the rent (the "Landlord's Rental Rate") at which Landlord is willing to lease the Premises for each year of the Renewal Extension Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option on the amount of such fair market rent by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within is thirty (30) days after the date Landlord has provided Xxxxxxxx's Rental Rate, then Tenant may either (a) revoke its notice to extend by written notice to Landlord given on or before the end of such 30 day period, or (b) proceed to determine the fair market rent as follows. If Tenant does not provide a revocation notice within 30 days of its exercise notice, Tenant shall promptly specify in writing the rent (the "Tenant’s exercise 's Rental Rate") which Tenant is willing to pay for the Premises for the Extension Term and the amount of the Option, fair market rent shall be established by appraisal in the following manner. The Landlord and Tenant and Landlord shall each select a licensed MAI appoint one qualified real estate appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area within 45 days of Palm Beach County, Florida Tenant's election notice and notify the other party two appraisers so appointed shall determine the fair market rent. If such appraisers are unable to agree on the amount of such selectionfair market rent within the 30-day period after the appointment of the latter, they shall appoint a third appraiser within 10 days of the expiration of such period, who shall be instructed to select, as between the rents chosen by the two appraisers, the rent that is closest to the third appraiser's estimate of fair market rent. The fair market rent shall be the amount so selected appraisers shall in turn select a similar by the third appraiser who will determine Market Rentand the rent so determined shall be conclusive on Landlord and Tenant. The parties Each party shall share equally bear the cost of its appraiser, and the cost of the third appraiserappraisal shall be split equally between the parties; provided that if the rental rate as so determined is equal to or greater than Landlord's Rental Rate, then Tenant shall pay the entire cost of all appraisers and if such rate as so determined is equal to or less than Tenant's Rental Rate, then Landlord shall pay the entire cost of all appraisers. If either party fails to timely select an appraiser and notify Until such time as the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rentfair market rent is so determined, Tenant shall nonetheless on pay monthly Base Rent during the commencement Extension Term at the rate in effect during the last month of the Renewal original Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent with an appropriate adjustment once the fair market rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leasedetermined.

Appears in 1 contract

Samples: Millipore Corp /Ma

Extension Option. Landlord grants Tenant shall have the option to Tenant an option extend the Term for one (1) additional five (5) year extension term (the “Option”) to extend the term of this Lease for two (2) additional periods of three (3) years (the “Renewal Extension Term”) under by notice given to Landlord at least twelve (12) months before the terms Term Expiration Date. Tenant’s election shall be exercised, and Annual Fixed Rent for the Extension Term determined, as set forth below. If Tenant fails timely to exercise its option for the Extension Term, Tenant shall not be entitled have no further extension rights hereunder. Tenant’s option so to exercise extend the Option unless each of the following conditions Term shall be fully satisfied void, at Landlord’s election, if Tenant is in default (subject to any applicable notice and cure periods set forth in this Lease) at the time Tenant elects to extend the Term or at the time the Term would expire but for such extension. The extension of the Term shall be applicable to the entire Premises and Tenant shall have no right to extend the Term for only a portion of the Premises. During the Extension Term, if any, all provisions of this Lease shall apply except that Tenant shall have no further option to extend the Term after the Extension Term. During the Extension Term, Tenant shall pay Annual Fixed Rent equal to the greater of (y) the then prevailing market rate for renewals of first class mixed use office buildings (specifically excluding consideration of rents attributable to space which is not office space) in the greater Waltham/Lexington market comparable to the Premises in terms of location within a building, finish (excluding any finishes not provided by Landlord but including finishes made using the Improvement Allowance), age, building quality and amenities for a tenant of equal size and financial strength as Tenant, under terms and conditions substantially the same as those of this Lease as though then available for occupancy for the Permitted Uses (or any higher and better use then being made by Tenant) in “as-is” condition or such better condition in which Tenant is required to maintain the Premises (the “Fair Market Rent”), or (z) $55.00 per rentable square foot. Landlord shall notify Tenant of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession estimate of the entire PremisesFair Market Rent within ten (10) days after Tenant exercises the extension option; and (iii) provided, however, in no event shall Landlord be obligated to provide Tenant shall not have been in default under any with its estimate of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less Fair Market Rent more than six twelve (612) months prior to the Expiration Date expiration of the Lease then current Term. Tenant shall have the option to accept or reject by written notice Landlord’s estimate, for or to withdraw its exercise of the extension option, in any case within fifteen (15) Business Days following delivery of Landlord’s determination of Market Rent, as defined belowestimate or within twenty-five (25) Business Days after Tenant exercises the extension option if Landlord does not provide Landlord’s estimate within such ten (10) day period. Base Rent for the Renewal Term Failure to respond within such period shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt deemed a rejection of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of estimate. In the event Tenant rejects Landlord’s estimate then the Fair Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent arbitrated in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leasefollowing procedure.

Appears in 1 contract

Samples: Pegasystems Inc

Extension Option. Landlord hereby grants to Tenant an option (the “Option”) to extend the term of this Lease Term for two (2) additional periods of three five (35) years each (each an "Extension Period"). The first Extension Period shall commence on the “Renewal Term”day following the initial Lease Term ("First Extension Commencement Date") under and shall expire on the day preceding the 5th anniversary of the First Extension Commencement Date ("First Extension Expiration Date"), unless sooner terminated in accordance with the terms and provisions of the Lease. The second Extension Period shall commence on the day following the First Extension Expiration Date ("Second Extension Commencement Date") and shall expire on the day preceding the 5th anniversary of the Second Extension Commencement Date, unless sooner terminated in accordance with the terms and provisions of the Lease. Each of the Extension Periods shall be upon the same terms, covenants, and conditions as set forth below. Tenant shall not be entitled in the Lease with respect to exercise the Option unless initial Lease Term, except that Base Rent payable during each of the following conditions Extension Periods shall be fully satisfied at equal to the time of its exercise: Fair Market Rental Rate (as defined below) for lease terms commencing on or about the applicable Extension Commencement Date, as reasonably determined by Landlord. Notwithstanding anything contained herein to the contrary, in no event shall (i) the annual rate of Base Rent for the first Extension Period be less than the annual rate of Base Rent under the Lease shall be in full force and effect; immediately prior to the First Extension Commencement Date or (ii) the annual rate of Base Rent for the second Extension Period be less than the annual rate of Base Rent under the Lease immediately prior to the Second Extension Commencement Date. Tenant originally named in this Lease or a permitted assignee shall be required to pay Tenant's Pro Rata Share of Basic Costs and Taxes during each Extension Period, if Tenant has elected to extend the Lease Term. If Tenant desires to exercise either option to extend, Tenant shall deliver a written notice (the "Extension Period Rental Rate Request") to Landlord requesting that Landlord advise Tenant in possession writing of Landlord's determination of the entire Premises; and Fair Market Rental Rate for the applicable Extension Period. The Extension Period Rental Rate Request shall be delivered by Tenant no earlier than twelve (iii12) Tenant shall not have been in default under any months prior to the expiration of the material termsinitial Lease Term or the first Extension Period, provisionsas the case may be, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less and no later than six (6) months prior to the Expiration Date end of the initial Lease Term, for delivery of Landlord’s determination of Market RentTerm or the first Extension Period, as defined belowthe case may be, time being of the essence. Base Rent Landlord shall, in response to such request by Tenant, notify Tenant in writing of the rental rate for the Renewal applicable Extension Period (the "Extension Period Rental Rate"), no later than five (5) months prior to the expiration of the initial Lease Term on the First Extension Period, as the case may be. If Tenant desires to extend the Lease Term for the applicable Extension Period, at the applicable Extension Period Rental Rate, Tenant shall deliver written notice ("Extension Notice") to Landlord to such effect no later than six (6) months prior to the expiration of the initial Lease Term or the first Extension Period, as the case may be, time being of the essence. If not so exercised, Tenant's option to extend shall thereupon automatically expire. Once Tenant delivers the Extension Notice to the Landlord, as provided above, Tenant's election to extend the Lease Term shall be equal irrevocable by Tenant. Unless Landlord, in its sole and absolute discretion, otherwise agrees in writing, Tenant may only exercise its option to extend and an exercise thereof shall only be effective, if at the time of Tenant's exercise of the option and on the applicable Extension Commencement Date, the Lease is in full force and effect and no uncured default by Tenant under the Lease shall then exist, and, inasmuch as the option is intended only for the original Tenant named in the Lease, Tenant has not assigned the Lease or sublet any portion of the Premises. Upon the valid exercise by Tenant of an option to extend, Landlord and Tenant shall promptly enter into a written supplement to the Market RentLease confirming the terms, conditions and provisions applicable to the applicable Extension Period, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt the provisions of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.

Appears in 1 contract

Samples: Lease (MRS Fields Financing Co Inc)

Extension Option. Landlord grants to Tenant an shall have the right and option (the “Option”) to extend the term of this Lease for two one (21) additional periods consecutive period of three four (34) years (the “Renewal Term”) under the same terms set forth belowand conditions as stated in the Lease (“Extension Option”), with the exceptions that (a) no further extension options shall exist and (b) monthly rental for such extension term shall be based on the then prevailing market rental rate as determined by Landlord in good faith based on then recent lease extensions within the Building and in surrounding buildings of comparable quality, condition and age for space approximately the same size and location within comparable buildings in the Austin marketplace and taking into consideration any allowances and concessions offered with such rental, Tenant’s use and financial strength and other relevant factors (“Market Rental Rate”). Tenant shall not be entitled may reject the Extension Option granted herein within ten (10) days following delivery to exercise the Option unless each Tenant of Landlord’s determination of the following conditions Market Rental Rate (“Rate Notice”). The Extension Option shall be fully satisfied exercisable by Tenant, if at the time all, only by timely delivery to Landlord of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession written notice of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than election at least six (6) months prior to the Expiration Date expiration of the then current Lease Term, for delivery but no earlier than nine (9) months prior to the expiration of Landlord’s determination of Market Rent, as defined belowthe then current Lease Term. Base Rent for the Renewal Term The option herein granted shall be equal deemed to be personal to Tenant, and if Tenant subleases any portion of the Premises or otherwise assigns or transfers any interest thereof to another party (other than a Permitted Transfer), such option shall lapse. In the event that Tenant is then in default of any term or condition at the time of its exercise notice beyond any applicable notice, cure or grace period, then there shall be no extension of this Lease as provided herein. If Tenant desires to continue with the extension, but objects to the Market RentRental Rate determined by Landlord, as determined in accordance with this section then Tenant must object to the same within said ten (“Market Rent”)10) business day period. Within thirty No later than five (305) business days following its receipt of Tenant’s requestthereafter, Landlord and Tenant shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) meet in its reasonable judgment. Landlord’s determination of an effort to negotiate, in good faith, the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions Rental Rate applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationPremises. If Landlord and Tenant are unable have not agreed upon the Market Rental Rate applicable to the Premises within five (5) business days after meeting, then Landlord and Tenant shall each appoint a broker not later than forty-five (45) days following Landlord’s delivery of the Rate Notice. If Landlord’s broker and Tenant’s broker have failed to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Rental Rate within sixty (60) days following delivery of the Rate Notice, the two appointed brokers shall appoint a third broker (within five (5) business days following the expiration of said sixty (60) day period), and the Market Rental Rate shall be the arithmetic average of two (2) of the three (3) determinations which are the closest in amount, and the third determination shall be disregarded. If either Landlord subject or Tenant fails to appoint a reservation broker within the prescribed time period, the failing party shall pay to the other party as liquidated damages $100.00 per day for each day following the deadline that such party fails to appoint a broker, not to exceed a total of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section$500.00. If the parties cannot two (2) appointed brokers fail to agree in writing on Market Rent and Tenant timely exercises the Optionupon a third (3rd) broker, then within thirty (30) days after Tenant’s exercise the parties shall have the local office of the Option, Tenant American Arbitration Association appoint the third (3rd) broker and Landlord the parties shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly share equally in this area of Palm Beach County, Florida and notify the other party cost of such selectionarbitration. The selected appraisers Each party shall in turn select a similar third appraiser who will determine Market Rent. The bear the costs of its own broker, and the parties shall share equally the cost of the third appraiserbroker, if applicable. If either party fails to timely select an appraiser Each broker shall have at least ten (10) years’ experience in the leasing of similar commercial buildings in the submarket in which the Building is located and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leasea licensed real estate broker.

Appears in 1 contract

Samples: Lease Agreement (Everspin Technologies Inc)

Extension Option. Landlord hereby grants to Tenant an one (1) option to extend the Term of the Lease (the “Extension Option”) to extend on the term same terms, conditions and provisions as contained in the Lease, except as otherwise provided herein, for a period of this Lease for two five (2) additional periods of three (35) years (the “Renewal Option Term”) under the terms set forth below). Except as provided in this Section 6, Tenant shall not be entitled have no other rights to exercise extend the Term. The Extension Option unless each of the following conditions shall be fully satisfied exercised, if at the time of its exercise: (i) the Lease shall be in full force all, by irrevocable and effect; (ii) the Tenant originally named in this Lease or unconditional written notice to Landlord on a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than date that is between six (6) and twelve (12) months prior to the Expiration Date date of expiration of the Lease Termthen Term of the Lease, for delivery time being of Landlord’s determination the essence. If Tenant fails to give such irrevocable and unconditional written notice of Market Rentits exercise of the Extension Option during such six (6) month period, as defined belowthe Extension Option shall thereupon expire of its own terms and without any further action by Landlord or Tenant. The monthly installment of Base Rent for to be paid during the Renewal Option Term shall be equal to the “Fair Market Rent” (as defined below); provided, however, in no event shall the monthly installment of Base Rent during any Option Term be less than the monthly installment of Base Rent payable during the last full month immediately prior to the Option Term. As used herein, the term “Fair Market Rent” for the Premises shall mean the total rent (taking into account known or, if not known, market-consistent additional rent obligations, and considering any “base year” or “expense stop” applicable thereto), including all escalations, at which tenants as of the commencement of the Option Term are entering into “true leases” (specifically excluding financing, sublease and non- encumbered leases) for premises comparable in size, floor location and quality of improvements to the Premises for a comparable term, and located in office buildings that are comparable to the Building in terms of age, quality of construction, level of services and amenities, size and appearance, and located in the same submarket area, giving appropriate consideration to the annual rental rates per rentable square foot, the standard of measurement by which the rentable square footage is measured, the ratio of rentable square feet to usable square feet, and accounting for the value of any tenant incentives and concessions provided to the comparison tenant (versus those provided to Tenant), if any, including, but not limited to: (a) rental abatement concessions or build-out periods granted to such tenant; (b) tenant improvements or construction allowances, taking into account the value of the existing improvements in the Premises, such value to be based upon the age, quality and layout of the improvements and the extent to which the same could be utilized by general office users as contrasted with Tenant; and (c) other monetary concessions being granted such tenant in connection with such comparable space; provided, however, that in calculating the Fair Market Rent, as determined no consideration shall be given to the fact that Landlord is or is not required to pay a real estate brokerage commission in accordance connection with this section Xxxxxx’s exercise of its right to extend the Lease Term, or the fact that landlords are or are not paying real estate brokerage commissions in connection with such comparable space. On or before five (“Market Rent”). Within thirty (305) business days following its receipt after Tenant provides Landlord notice of TenantXxxxxx’s requestexercise of the Extension Option, Landlord and Tenant shall advise Tenant of commence negotiations to agree upon the Fair Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationthereto. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date reach agreement on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Fair Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within thirty (30) days after Tenant’s exercise of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach Countybusiness days after the date negotiations commence, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine then Fair Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option determined as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Lease.follows:

Appears in 1 contract

Samples: Lease Agreement

Extension Option. Landlord grants Subject to the rights of KPMG LLP that exist as of the date of this Lease and provided no Default of Tenant an option has occurred hereunder and the original named Tenant is occupying the entirety of the Premises then demised hereunder both on the date such notice is given and on the commencement date of the Extension Term, Tenant may elect to extend the Lease Term for one (1) five-year period (the “OptionExtension Term) to extend the term ), by giving Landlord notice of this Lease for two (2) additional periods of three (3) years such election (the “Renewal TermExtension Notice”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six twelve (612) months prior to before the Expiration Date expiration of the Lease Term. Such extension shall be upon all of the same terms, for delivery of Landlord’s determination of Market Rentcovenants, as defined below. and conditions contained in this Lease, except that (a) Tenant shall have no further right to extend the Lease Term, (b) the Base Rent for the Renewal Extension Term shall be at a rate equal to the Market Rentfair market rent for the Premises as of the commencement date of the Extension Term, as determined in accordance with this section and (“Market Rent”). Within thirty (30c) days following its receipt of Tenant’s request, Landlord shall advise Tenant have no obligation to make or pay for any improvements to the Premises or to pay any allowances or inducements of Market Rent any kind. Fair market rent for each year the Premises shall be computed as of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year commencement of the Renewal Term) Extension Term and shall be at the then current annual rental charges, including provisions for subsequent increases and other adjustments, for extensions of existing leases then currently being negotiated or executed in its reasonable judgmentcomparable space and buildings located in downtown Boston. Landlord’s determination In determining fair market rent, the following factors, among others, shall be taken into account and given effect: size of the Market Rent shall be basedpremises, as Landlord reasonably deems appropriatecondition of the premises, upon then current location and projected rents for space in age of the Building, adjusted for any special conditions applicable to such space escalation charges, location of the premises, location and leases, for location, length age of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationtenant improvements, concessions or inducements such as tenant improvement allowances, and lease term. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option on the amount of such fair market rent by notifying Landlord, within 30 days from the date on which that is the later of thirty (30) days after the date of delivery of the Extension Notice or eleven (11) months before the expiration of the Lease Term, then the fair market rent shall be established by appraisal in the following manner. Within ten (10) days after the later of the two dates described in the preceding sentence, Landlord and Tenant was first advised shall each appoint one (1) qualified appraiser (as hereinafter defined) and the two (2) appraisers so appointed shall determine the fair market rent within seventy-five (75) days of the date of delivery of the Extension Notice. As used herein, the term “qualified appraiser” shall mean any independent unaffiliated person (a) who is employed by an appraisal firm of recognized competence in the greater Boston area and (b) who has not less than ten (10) years experience in appraising and valuing properties of the general location, type and character as the Premises. If either Landlord of its initial determination of Market Rentor Tenant fails to appoint an appraiser within such ten (10) day period, that Tenant has elected then the other party shall have the power to exercise appoint the Option at appraiser for the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Sectiondefaulting party. If the parties cannot appraisers are unable to agree in writing on Market Rent and Tenant timely exercises the Optionfair market rent within such seventy-five (75) day period, then they jointly shall appoint a third qualified appraiser within ten (10) days of the expiration of such seventy-five (75) day period, and within thirty (30) days after Tenant’s exercise of thereafter all three appraisers shall meet and determine the Optionfair market rent. If all three appraisers are unable unanimously to agree upon the fair market rent, Tenant then the first two appraisers simultaneously shall deliver their final fair market rent numbers to the third appraiser, and Landlord the third appraiser shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify one or the other number as the fair market rent numbers to the third appraiser, and the fair market rent so determined shall be conclusive and binding upon the Landlord and Tenant. Each party shall bear the cost of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally its appraiser, and the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rentbe borne equally between the parties. If Tenant elects to exercise Until such time as the Option subject to its reservation to contest Market Rentfair market rent is so determined, from and after the commencement date of the Extension Term, Tenant shall nonetheless on the commencement of the Renewal Term begin paying pay Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than ’s appraiser’s initial designation of fair market rent, with an appropriate adjustment once the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leasefair market rent has been determined.

Appears in 1 contract

Samples: Lease (Management Network Group Inc)

Extension Option. Landlord grants Subject to Subsections B and C below, Tenant an may at its option (the “Option”) to extend the term Term of this Lease for two the entire Premises for one (21) additional periods period of three five (35) years (the "Renewal Term") under upon the same terms set forth belowcontained in this Lease, excluding the provisions of Appendix C of the Lease and any other applicable provisions pertaining to Initial Improvements and/or Landlord's Contribution, and except for the amount of Base Rent and parking charges payable during the Renewal Term. Tenant shall not have no additional extension option. A. The Base Rent during the Renewal Term shall be entitled the then prevailing market rate for a comparable term, market concessions, and Tenant Improvements subject to exercise adjustments based upon quality of building, size, and credit worthiness of Tenant, commencing on the Option unless each first day of the following conditions shall be fully satisfied at Renewal Term for tenants renewing space in the time of Building and other comparable office buildings (the "Prevailing Market Rate"). B. To exercise its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Optionoption, Tenant must first give written request deliver an initial non-binding notice to Landlord, Landlord not less than six twelve (612) months prior to the Expiration Date of the Lease Term, for delivery of Landlord’s determination of Market Rent, as defined below. Base Rent for the Renewal Term shall be equal to the Market Rent, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year proposed commencement of the Renewal Term. At some point within sixty (60) days after receipt of such non-binding notice, Landlord shall determine Market Rent (including escalations for each successive year calculate and inform Tenant of the Renewal Term) in its reasonable judgmentPrevailing Market Rate for the Premises. Landlord’s determination Tenant shall give Landlord final binding notice of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable intent to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then extend within thirty (30) days after Tenant’s exercise receiving Landlord's determination of the Option, Tenant and Landlord shall each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Prevailing Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market RentRate. If Tenant elects fails to exercise the Option subject to give either its reservation to contest Market Rentinitial non-binding notice or its final binding notice timely, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined will be deemed to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted have waived its option to reflect such overpayment or underpayment retroactive to commencement of the Renewal Termextend. If Tenant exercises the Option as provideddisputes Landlord's determination of Prevailing Market Rate, the Expiration Date Tenant's final binding notice shall set forth Tenant's determination of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Prevailing Market RentRate. If Tenant shall fail fails to timely exercise the Option as providedset forth its determination of Prevailing Market Rate in its final binding notice, then Tenant shall be deemed to have waived accepted Landlord's determination of Prevailing Market Rate. If Tenant timely within thirty (30) days disputes Landlord's determination and Landlord and Tenant fail to agree as to the Prevailing Market Rate within 20 days after the giving of Tenant's final binding notice, then the Prevailing Market Rate shall be determined as follows: Such dispute shall be resolved by arbitration conducted in accordance with the Real Estate Valuation Arbitration Rules (Expedited Procedures) of the AAA, except that the provisions of this Article shall supersede any conflicting or inconsistent provisions of said rules. The party requesting arbitration shall do so by giving notice to that effect to the other party, specifying in said notice the nature of the dispute, and that said dispute shall be determined in Broward County, Florida, by a panel of 3 arbitrators in accordance with this Article. Landlord and Tenant shall each appoint their own arbitrator within 7 days after the giving of notice by either party. If either Landlord or Tenant shall fail timely to appoint an arbitrator, the appointed arbitrator shall select the second arbitrator, who shall be impartial, within 7 days after such party's failure to appoint. Such two arbitrators shall have 7 days to appoint a third arbitrator who shall be impartial. If such arbitrators fail to do so, then either Landlord or Tenant may request the AAA to appoint an arbitrator who shall be impartial within 14 days of such request and both parties shall be bound by any appointment so made within such 14-day period. If no such third arbitrator shall have been appointed within such 14 days, either Landlord or Tenant may apply to any court having jurisdiction to make such appointment. The three arbitrators shall proceed with all reasonable dispatch to determine the Prevailing Market Rate and under all circumstances shall be bound by the terms of this Lease and shall not add to, subtract from or otherwise modify such provisions. The arbitrators' sole discretion in determining the question submitted shall be limited to selecting one of Tenant's or Landlord's Determination. The decision of the THIS THIRD AMENDMENT To LEASE by and between CDR Presidential, L.L.C., a Limited Liability Company organized under the State of Florida ("Landlord") and Concord Camera Corp., a New Jersey corporation ("Tenant"). arbitrators shall be rendered within 14 days after the third arbitrator has been appointed and shall be in writing and delivered to each of Landlord and Tenant. It is hereby agreed that a decision of the majority of the arbitrators shall be binding, final and conclusive upon Landlord and Tenant. The fees and expenses of any arbitration and of the third arbitrator pursuant to this Paragraph shall be borne by the parties equally, but each party shall bear the expense of its right own arbitrator, attorneys and experts and the additional expenses of presenting its own proof. Each arbitrator shall have at least 10 years' experience in leasing and valuation of properties that are similar in character to exercise the Option Building. After a determination has been made of the Prevailing Market Rate, the parties shall execute and deliver an instrument setting forth the Prevailing Market Rate, but the failure to occupy so execute and deliver any such instrument shall not effect the determination of Prevailing Market Rate. If Tenant disputes Landlord's determination and if the final determination of Prevailing Market Rate shall not be made on or before the first day of the applicable Renewal Term, then, pending such final determination, Tenant shall pay, as rent for the Renewal Term, an amount equal to Landlord's determination of the Prevailing Market Rate. C. Tenant's option to extend this Lease is subject to the conditions that: (i) that on the date that Tenant delivers its initial non-binding notice or its final binding notice exercising its option to extend, Tenant is not in monetary or material default beyond any applicable cure period under this Lease after the expiration of any applicable notice and cure periods, and (ii) Tenant shall not have assigned this Lease, or sublet any portion of the Premises beyond under a sublease except to the initial Term of the Leaseextent permissible under Section 17.

Appears in 1 contract

Samples: Concord Camera Corp

Extension Option. Landlord grants to Provided that (i) there exists no default under this Lease, and (ii) this Lease is still in full force and effect, Tenant an shall have the option (the “Option”) to extend the term Term of this Lease for two one (21) additional periods extended term (the “Extended Term”), having a length of three (3) years (the “Renewal Term”) under the terms set forth belowyears. Tenant shall not be entitled to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give such option by giving Landlord written request to Landlordnotice, not less sooner than six twelve (612) months and not later than nine (9) months prior to the Expiration Date expiration of the Lease Term, for delivery it being agreed that time shall be of Landlord’s determination the essence with respect to the giving of Market Rent, as defined belowsuch notice. Base Rent The rent for the Renewal first Lease Year of Extended Term shall be equal to the Prevailing Market RentRate (as hereinafter defined); provided however in no event shall the Base Rent (on a per square rentable square foot basis) for the Extended Term be less than the Base Rent for the final Lease Year of the Term. "Prevailing Market Rate" for the Suite 103A Premises shall mean the rental that Landlord would be able to obtain from a third party desiring to lease the Suite 103A Premises for the Extended Term taking into account the age of the Building, the size, location and floor levels of the Suite 103A Premises, the quality of construction of the Building and the Suite 103A Premises, the services provided under the terms of this Lease, the rental then being obtained for new leases of space comparable to the Suite 103A Premises in the locality of the Building, and all other factors that would be relevant to a third party desiring to lease the Suite 103A Premises for the Extended Term in determining the rental such party would be willing to pay therefor, including free rent, tenant improvement allowances, leasing commissions and signing bonuses. Prevailing Market Rate shall be determined based on new rentals for similar space with standard tenant improvement allowances and standard leasing commissions. No later than one hundred twenty (120) days prior to commencement of the Extended Term, Landlord shall notify Tenant of Landlord's determination of the Prevailing Market Rate to be used to calculate the annual rent for the Extended Term. If Xxxxxx wishes to dispute Xxxxxxxx's determination, Tenant shall give notice to Landlord of Tenant's intent to submit the matter to the appraisal process described below within twenty (20) days after receipt of notice of Xxxxxxxx's determination. If Tenant so elects, then within fifteen (15) days after the date of Tenant's notice of its election to submit the matter to the appraisal process, each party, at its cost, shall engage a real estate appraiser or commercial real estate broker (together “appraisers”) to act on its behalf in determining the Prevailing Market Rate for the Suite 103A Premises for the Extended Term. The appraisers shall have at least five (5) years’ commercial experience in the metropolitan area in which the Buildings are located. If a party does not appoint an appraiser within fifteen (15) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Prevailing Market Rate for the Suite 103A Premises for the Extended Term. If the two appraisers are appointed by the parties as determined stated in accordance with this section Section 2.6, such appraisers shall meet promptly and attempt to set the Prevailing Market Rate for the Suite 103A Premises for the Extended Term. If such appraisers are unable to agree within thirty (30) days after appointment of the second appraiser, if the lower appraisal is ninety percent (90%) or more of the higher appraisal, then fifty percent (50%) of the difference shall be added to the lower appraisal and that total shall be the Prevailing Market Rent”)Rate. If the lower appraisal is less than ninety percent (90%) of the higher appraisal, the appraisers shall elect a third appraiser meeting the qualifications stated in this paragraph within ten (10) days after the last date the two appraisers are given to set the Prevailing Market Rate for the Suite 103A Premises. The cost of the third appraiser shall be apportioned equally between Landlord and Tenant. Within thirty (30) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year after the selection of the Renewal third appraiser, the third appraiser shall render a separate appraisal. The rental values and terms arrived at by the three appraisers shall be averaged, and the resulting average shall be deemed the Prevailing Market Rate for the Suite 103A Premises for the Extended Term. Landlord shall determine However, in the event that the Prevailing Market Rent (including escalations for each successive year Rate arrived at in any of the Renewal Termappraisals is more than ten percent (10%) in its reasonable judgmenthigher or lower than the middle appraised Prevailing Market Rate, such high or low appraisal or appraisals shall be discarded and the remaining two appraised values shall be averaged, if there are two, or the remaining one appraised value shall be used, if there is one. Landlord’s determination If either by agreement of the parties or by appraisal the Prevailing Market Rate is not finally determined by the commencement of the Extended Term, then Tenant shall make monthly payments of Base Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in at the Building, adjusted for any special conditions applicable rate equal to such space and leases, for location, length the mathematical average of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflation. If rate designated by Landlord and Tenant are unable to agree upon the rate proposed by Xxxxxx’s appraiser, until such time as the Prevailing Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent Rate is finally determined by Landlord subject to a reservation agreement of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Sectionthe parties or by an appraiser. If the parties cannot agree in writing on monthly Prevailing Market Rent and Rate as finally determined for the Extended Term exceeds the monthly amount previously paid by Tenant timely exercises for the OptionExtended Term, then Tenant shall forthwith pay the difference to Landlord for each of the months Tenant paid the lesser amount within thirty (30) days after Tenant’s exercise of the Optiondetermination of the Prevailing Market Rate. If the monthly Prevailing Market Rate as finally determined for the Extended Term is less than the monthly amount previously paid by Tenant for the Extended Term, Tenant and Landlord shall forthwith pay the difference to Tenant for each select a licensed MAI appraiser with at least ten (10) years substantial commercial leasing expertise particularly in this area of Palm Beach County, Florida and notify the other party of such selection. The selected appraisers shall in turn select a similar third appraiser who will determine Market Rent. The parties shall share equally the cost of the third appraiser. If either party fails to timely select an appraiser and notify months Tenant paid the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement greater amount within thirty (30) days of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement determination of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Prevailing Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the LeaseRate.

Appears in 1 contract

Samples: Lease (Viridian Therapeutics, Inc.\DE)

Extension Option. Landlord grants to Tenant an option (the “Option”) may elect to extend the term of this Lease for two (2( ) additional periods of three (3( ) years year period (the “Renewal Extension Term”), by giving Landlord notice of such election (the “Election Note”) under the terms set forth below. Tenant shall not be entitled to exercise the Option unless each of the following conditions shall be fully satisfied at the time of its exercise: earlier than fifteen (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (615) months prior to nor later than twelve (12) months before the Expiration Date expiration of the Lease Term, for delivery provided Tenant is not in default on the date such no- xxxx is given or on the commencement date of Landlord’s determination of Market Rentthe Extension Term. Such extension shall be upon the same terms, as defined below. covenants, and conditions contained in this Lease except that Tenant shall have no further right to extend the Lease Term and except that the Base Rent for the Renewal Extension Term shall be at a rate equal to the Market Rent, as determined in accordance with this section greater of $ per an- num or ninety-five percent (“Market Rent”). Within thirty (3095%) days following its receipt of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year of the Renewal Term. Landlord shall determine Market Rent (including escalations fair market rent for each successive year the Premises as of the Renewal Term) in its reasonable judgment. Landlord’s determination commencement of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for space in the Building, adjusted for any special conditions applicable to such space and leases, for location, length of term, amount of space and other factors Landlord deems relevant in computing rents for space in the Building, including adjustments for anticipated inflationExtension Term. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option on the amount of such fair market rent by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on Market Rent and Tenant timely exercises the Option, then within is thirty (30) days after the date of the Election Notice, then Landlord shall promptly specify in writing by such thirtieth day the rent (the “Landlord’s Rental Rate”) at which Landlord is willing to lease the Premises for the Extension Term and Tenant shall promptly specify in writing by such thirtieth day the rent (the “Tenant’s exercise Rental Rate”) which Tenant is willing to pay for the Premises for the Extension Term and the amount of the Option, fair market rent shall be es- tablished by appraisal in the following manner. The Landlord and Tenant and Landlord shall each select appoint one appraiser by the fortieth (40th) day after the Election Notice, and the two appraisers so appointed shall determine the fair market rent within seventy-five (75) days of the Election Notice. If either Landlord or Tenant fails to appoint an appraiser within such 40-day period, then the other party shall have the power to appoint the appraiser for the defaulting party. If such appraisers are unable to agree on the amount of such fair market rent within such 75-day period, they shall ap- point a licensed MAI third appraiser with at least within ten (10) years substantial commercial leasing expertise particularly in this area days of Palm Beach County, Florida and notify the other party expiration of such selectionperiod. The selected fair market rent shall be the amount agreed upon in writing by any two of the three appraisers and the rent so determined shall in turn select a similar third appraiser who will determine Market Rentbe conclusive on Landlord and Tenant. The parties Each party shall share equally bear the cost of its appraiser, and the cost of the third appraiserappraisal shall be split equally be- tween the parties; provided that if the rental rate as so determined is equal to or greater than Landlord’s Rental Rate, then Tenant shall pay the entire cost of all appraisers and if such rate as so determined is equal to or less than Ten- ant’s Rental Rate, then Landlord shall pay the entire cost of all appraisers. If either party fails to timely select an appraiser and notify Until such time as the other party of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rentfair market rent is so determined, Tenant shall nonetheless on the commencement of the Renewal Term begin paying pay Base Rent at Market Rent determined by Landlord. If Market Rent the rate of $ per annum with an appropriate adjustment once the fair market rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leasedetermined.

Appears in 1 contract

Samples: Agreement

Extension Option. Landlord grants to Tenant an option may extend the New Lease Term for one additional term (the “Option”) to extend the term of this Extended New Lease for two (2) additional periods of three (3) years (the “Renewal Term”) under the terms set forth below. for five (5) years, which extension may be exercised by Tenant shall not be entitled to exercise the Option unless each of the following conditions shall be fully satisfied at the time by giving notice of its exercise: election to extend to Landlord at least twelve (i) the Lease shall be in full force and effect; (ii) the Tenant originally named in this Lease or a permitted assignee shall be in possession of the entire Premises; and (iii) Tenant shall not have been in default under any of the material terms, provisions, covenants or conditions of the Lease. In order to exercise the Option, Tenant must first give written request to Landlord, not less than six (612) months prior to the Expiration Date expiration of the New Lease Term, . The Base Rental Rate for delivery of Landlord’s determination of such extension shall be the Market Rent, as Rental Rate (defined below. Base Rent ) for the Renewal Term shall be equal to the Market RentExtended New Lease Term. For purposes of this Section 12, as determined in accordance with this section (“Market Rent”). Within thirty (30) days following its receipt Rental Rate” shall mean the annual effective rental rate per square foot of Tenant’s request, Landlord shall advise Tenant of Market Rent for each year Rentable Floor Area of the Renewal Term. Landlord shall determine Market Rent (including escalations for each successive year Reduced Leased Premises then being charged by landlords under new leases of the Renewal Term) in its reasonable judgment. Landlord’s determination of the Market Rent shall be based, as Landlord reasonably deems appropriate, upon then current and projected rents for office space in the Buildingmetropolitan Madison, adjusted Wisconsin market for any special conditions applicable space similar to such space the Reduced Leased Premises in a building of comparable quality and leases, for location, length of term, amount of space with comparable parking and other factors amenities. In determining the Market Rental Rate, Landlord deems relevant and Tenant (and any appraisers, if applicable) shall take into account the fact that Tenant shall pay Tenant’s share of the annual Operating Expenses. Also, in computing rents for space in determining the BuildingMarket Rental Rate, including Landlord and Tenant (and any appraisers, if applicable) shall compare actual rental rates only (after making appropriate adjustments for anticipated inflationresulting from the foregoing facts) and shall take into consideration any discounts, allowances, free rent, remodeling credits, construction allowances and other concessions and inducements granted by other landlords. If Landlord and Tenant are unable to agree upon Market Rent, Tenant may nevertheless exercise its option by notifying Landlord, within 30 days from the date on which Tenant was first advised by Landlord of its initial determination of Market Rent, that Tenant has elected to exercise the Option at the Market Rent determined by Landlord subject to a reservation of Tenant’s right to arbitrate Landlord’s determination of Market Rent in accordance with this Section. If the parties cannot agree in writing on the amount of such Market Rent and Tenant timely exercises the Option, then Rental Rate within thirty (30) days after Tenant’s exercise Tenant exercises the option to extend the New Lease Term, Landlord and Tenant agree that the determination of the Option, Market Rental Rate for the Extended New Lease Term shall be made in accordance with the following procedure. Landlord and Tenant and Landlord shall each select appoint one (1) appraiser within nine (9) business days after the thirty (30) day period referred to in the preceding sentence. Those two (2) appraisers shall promptly appoint a licensed MAI third (3rd) appraiser. Each appraiser with appointed hereunder shall be a member of the American Institute of Real Estate Appraisers (or successor organization) having at least ten (10) years substantial commercial leasing expertise particularly experience in this appraisal of office buildings and office rental rates in the metropolitan Madison, Wisconsin area. If such appraisers fail to appoint such third (3rd) appraiser within ten (10) business days after notice of their appointment, then either Landlord or Tenant, upon written notice to the other, may request the appointment of a third (3rd) appraiser by the then President of the Board of Realtors in the Madison, Wisconsin area or any then similar existing body. Each appraiser so appointed shall independently make appraisals of Palm Beach Countythe Market Rental Rate of the Leased Premises. Except as hereinafter provided, Florida the Market Rental Rate of the Reduced Leased Premises for the Extended New Lease Term shall be the average of the three (3) appraisals of the Market Rental Rate; provided, however, if the determination of the Market Rental Rate of one (1) appraiser is disparate from the median of all three (3) determinations of Market Rental Rate by more than twice the amount by which the other determination is disparate from the median, then the determination of such appraiser shall be excluded, the remaining two (2) determinations shall be averaged and notify such average shall be binding and conclusive on Landlord and Tenant. If, after notice by either Landlord or Tenant of the appointment of an appraiser by the party giving such notice, the other party to whom such notice is given shall fail, within a period of ten (10) business days after such selectionnotice, to appoint an appraiser, then the appraiser so appointed by the party giving notice shall have the power to proceed as sole appraiser to determine the Market Rental Rate of the Reduced Leased Premises. The selected appraisers Landlord shall in turn select a similar third pay the fees and expenses of the person appointed by Landlord as an appraiser who will determine Market Renthereunder, and Tenant shall pay the fees and expenses of the person appointed by Tenant as an appraiser hereunder. The parties Landlord and Tenant shall share equally each pay one-half (1/2) of the cost fees and expenses of the third appraiser. If either party fails (3rd) appraiser appointed pursuant to timely select an appraiser and notify the other party provisions of such selection, the other party’s timely selected appraiser shall unilaterally determine Market Rent. If Tenant elects to exercise the Option subject to its reservation to contest Market Rent, Tenant shall nonetheless on the commencement of the Renewal Term begin paying Base Rent at Market Rent determined by Landlord. If Market Rent is ultimately determined to be other than the amount initially determined by Landlord, the next due payment or payments of Rent shall be appropriately adjusted to reflect such overpayment or underpayment retroactive to commencement of the Renewal Term. If Tenant exercises the Option as provided, the Expiration Date of the Lease shall be extended for the length of the Renewal Term and Base Rent shall be adjusted to Market Rent. If Tenant shall fail to timely exercise the Option as provided, Tenant shall be deemed to have waived its right to exercise the Option and to occupy the Premises beyond the initial Term of the Leasethis Section.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Viii Lp)

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