Common use of Fair Market Rental Rate Clause in Contracts

Fair Market Rental Rate. The “Fair Market Rental Rate” shall be equal to the Base Rent (on a rentable square foot basis), including escalations, extrapolated to the commencement of the applicable Renewal Term, that willing third party tenants would pay, and willing landlords of comparable Class “A” quality office buildings would accept from such third party tenants, in a lease of non-sublease, non-equity, non-expansion (unless the rent for such expansion space was determined in accordance with a comparable definition of Fair Market Rental Rate, if such determination is reasonably available to the Parties) office space comparable in size, location and quality to the 2-4-7 Floor Premises (taking into account the quality and layout of existing tenant improvements in the 2-4-7 Floor Premises), for a similar lease term, in an arms-length transaction, which comparable space is located in the Project or in Comparable Buildings in comparable projects in the Market Area (“Comparable Transactions”), in either case taking into consideration the differences in project amenities, parking rates (with the cost of any such parking being included as a factor in determining the Fair Market Rental Rate), operating expense protections and type of lease, as well as the following concessions: (a) rental abatement concessions, if any, being granted such tenants in connection with such comparable space, (b) tenant improvements or allowances provided or to be provided for such comparable space, taking into account and, as applicable, adjusting for the fact that the 2-4-7 Floor Premises will be “second generation” space at that time, and (c) all other monetary concessions, if any, being granted such tenants in Comparable Transactions. The Fair Market Rental Rate shall in all events, provide for a new “Base Year,” which shall be the calendar year in which the Renewal Term commences (or if the Renewal Term commences at a time when there are less than 6 months remaining in the calendar year, the calendar year following the calendar year in which the Renewal Term commences); provided, however, that in any event the new Base Year shall be factored into the determination of the Fair Market Rental Rate. If in determining the Fair Market Rental Rate for an Renewal Term, Tenant is deemed to be entitled to a dollar allowance for the refurbishment of the 2-4-7 Floor Premises (the “Renewal Term Allowance”), Landlord may, at Landlord’s sole option, elect any or a portion of the following: (A) to grant some or all of the Renewal Term Allowance to Tenant as a lump sum payment to Tenant, and/or (B) in lieu of making a lump sum payment (or portion thereof) to Tenant, to reduce the rental rate component of the Fair Market Rental Rate to be an effective rental rate which takes into consideration that Tenant will not receive a payment of such Renewal Term Allowance, or portion thereof (in which case the Renewal Term Allowance, or portion thereof, evidenced in the effective rental rate shall not be paid to Tenant). If Landlord elects option (B), then in determining the effective rental rate, the parties shall, in recognition that the Renewal Term Allowance is thereby being funded up front by Tenant and “repaid” by Landlord on a monthly basis (in the form of lower monthly Base Rent over the remainder of the Renewal Term), factor in an interest component (on an amortizing basis) on the Renewal Term Allowance, or portion thereof, equal to the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15, published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) (the “Prime Rate”).

Fair Market Rental Rate. The “Fair Market Rental Rate” "FAIR MARKET RENTAL RATE" shall be equal to the Base Rent rent (on a rentable square foot basisincluding additional rent), including all escalations, extrapolated at which tenants, pursuant to leases or related agreements (i) which are executed prior to the commencement of the applicable Renewal Option Term, that willing third party tenants would paybut no more than twelve (12) months prior to the commencement of the Option Term and (ii) which have a term which is reasonably anticipated to commence within the six (6) month period immediately preceding the commencement of the Option Term, and willing landlords of comparable Class “A” quality office buildings would accept from such third party tenants, in a lease of are leasing non-sublease, non-equity, non-expansion renewal (unless the rent for such expansion space was determined in accordance with a comparable definition of Fair Market Rental Rate, if such determination is reasonably available but only to the Parties) office extent Tenant is not represented by a real estate broker with respect to the option), non-encumbered space comparable in size (provided, however, that if there does not exist at least two (2) such leases that are for space greater than 100,000 rentable square feet in size, then leases that are for space at least 75,000 rentable square feet in size shall be considered), location and quality to the 2-4-7 Floor Premises (taking into account the quality and layout of existing tenant improvements in the 2-4-7 Floor Premises), for a similar lease term, in an arms-arms length transaction, which comparable space is located in the Project or and in the Comparable Buildings in comparable projects in the Market Area (“Comparable Transactions”), in either case "COMPARABLE TRANSACTIONS") taking into consideration the differences in project amenities, parking rates (with the cost of any such parking being included as a factor in determining the Fair Market Rental Rate), operating expense protections and type of lease, as well as the following concessions; provided, however, that in the event that the Premises includes the Expansion Space then (i) the "twelve (12)" and "six (6)" month periods provided above shall be deemed to be "eighteen (18)" and "twelve (12)" months, respectively, and (ii) the numbers "100,000" and "75,000" shall be deemed to be "200,000" and "150,000," respectively: (a) rental abatement concessions, if any, being granted such tenants in connection with such comparable space, (b) tenant improvements or allowances provided or to be provided for such comparable space, taking into account and, as applicable, adjusting (c) the amount of available parking for the fact that the 2-4-7 Floor Premises will be “second generation” space at that timeTenant, and (cd) all other monetary and non-monetary concessions, if any, being granted such tenants in connection with such Comparable Transactions; provided, however, that notwithstanding anything to the contrary herein, no consideration shall be given to (1) the fact that Landlord is or is not required to pay a real estate brokerage commission in connection with the applicable term or the fact that the Comparable Transactions do or do not involve the payment of real estate brokerage commissions, and (2) any period of rental abatement, if any, granted to tenants in Comparable Transactions in connection with the design, permitting and construction of tenant improvements in such comparable spaces. In analyzing such comparable spaces, the arbitrators shall give due consideration to the method by which the square footage of such space has been calculated. The Fair Market Rental Rate shall in all eventsadditionally include a determination as to whether, and if so to what extent, Tenant must provide Landlord with financial security, such as a letter of credit or guaranty, for a new “Base Year,” which Tenant's Rent obligations during the term. Such determination shall be made by reviewing the calendar year extent of financial security then generally being imposed in which Comparable Transactions from tenants of comparable financial condition and credit history to the Renewal Term commences then existing financial condition and credit history of Tenant (or if the Renewal Term commences at a time when there are less than 6 months remaining with appropriate adjustments to account for differences in the calendar year, the calendar year following the calendar year in which the Renewal Term commencesthen-existing financial condition of Tenant and such other tenants); provided, however, that in any event the new Base Year shall be factored into the determination of the Fair Market Rental Rate. If in determining the Fair Market Rental Rate for an Renewal TermRate, Tenant is deemed to be entitled to a dollar tenant improvement or comparable allowance for the refurbishment improvement of the 2-4-7 Floor Premises (the “Renewal Term Allowance”total dollar value of such allowance, the "OPTION TERM TI ALLOWANCE"), Landlord may, at Landlord’s 's sole option, elect any or a portion of the following: (A) to grant some or all of the Renewal excess Option Term TI Allowance to Tenant as a lump sum payment to Tenant, and/or (B) in lieu of making a lump sum payment (or portion thereof) to Tenant, to reduce the rental rate component of the Fair Market Rental Rate to be an effective rental rate which takes into consideration that Tenant will not receive a payment of such Renewal excess Option Term TI Allowance, or portion thereof (in which case the Renewal excess Option Term TI Allowance, or portion thereof, evidenced in the effective rental rate shall not be paid to Tenant). If Landlord elects option (B), then in determining the effective rental rate, the parties shall, in recognition that the Renewal Term Allowance is thereby being funded up front by Tenant and “repaid” by Landlord on a monthly basis (in the form of lower monthly Base Rent over the remainder of the Renewal Term), factor in an interest component (on an amortizing basis) on the Renewal Term Allowance, or portion thereof, equal Notwithstanding anything above to the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15contrary, published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant acknowledge and agree that Landlord shall reasonably agree upon if such rate ceases have the right, in Landlord's good faith discretion, to adjust the economic components of the rent in the Comparable Transactions to reflect triple net economic components so that an "apples-to-apples" comparison analysis can be published) (the “Prime Rate”)made.

Fair Market Rental Rate. The “term "Fair Market Rental Rate” " ----------------------- for the First Offer Space shall be equal to mean the Base Rent (on a annual amount per rentable square foot basis), including escalations, extrapolated to the commencement of the applicable Renewal Term, that willing third party tenants would pay, and willing landlords of comparable Class “A” quality office buildings would accept from such third party tenants, in a lease of non-subleasewilling, non-equity, non-expansion (unless the rent sublease tenant would pay and a willing landlord would accept on a non-sublease, non-renewal basis, at arm's length, for such expansion unencumbered space was determined in accordance with a comparable definition of Fair Market Rental Rate, if such determination is reasonably available to the Parties) office space comparable First Offer Space in size, location and quality to the 2-4-7 Floor Premises Comparable Buildings (taking into account the quality and layout of existing tenant improvements in the 2-4-7 Floor Premisesas that term is defined below), for a similar giving appropriate consideration to all economic terms, such as annual rental rates per rentable square foot, escalation clauses (including type, such as net, base year or expense stop), length of lease term, size and location of premises being leased and other generally acceptable terms and conditions for the tenancy of the space in an arms-length transactionquestion, which comparable space is located in the Project or in Comparable Buildings in comparable projects in the Market Area (“Comparable Transactions”), in either case taking into consideration the differences in project amenities, parking rates (with the cost of any such parking being included as a factor in determining the Fair Market Rental Rate), operating expense protections and type of lease, as well as the following concessions: (a) rental abatement including all appropriate concessions, if any, being granted such tenants provided in connection with such comparable space ("Rent Concessions"), but only to the extent such Rent Concessions are being granted to tenants having financial strength and personal liability comparable to Tenant. Such Rent Concessions shall include, to the extent applicable with respect to the First Offer Space and the comparable space, (b) abatement provisions reflecting free rent, tenant improvements or tenant improvement allowances provided or to be provided for such comparable space, taking into account and, as applicable, adjusting for the fact that the 2-4-7 Floor Premises will be “second generation” space at that time, and (c) all other monetary concessions, if any, being granted such tenants in Comparable Transactions. The Fair Market Rental Rate shall in all events, provide for a new “Base Year,” which shall be the calendar year in which the Renewal Term commences (or if the Renewal Term commences at a time when there are less than 6 months remaining in the calendar year, the calendar year following the calendar year in which the Renewal Term commences)First Offer Space; provided, however, that in any event the new Base Year amount of such improvements or allowances shall be factored into reduced, when calculating the determination First Offer Rent, by deducting the value of the Fair Market Rental Rate. If existing improvements in determining the Fair Market Rental Rate for an Renewal TermFirst Offer Space, Tenant is deemed as of the first day of the commencement date of the term of lease of the First Offer Space, with such value to be entitled to a dollar allowance for based upon the refurbishment age, quality and layout of the 2improvements and the extent to which the same can be utilized by a general office user. The term "Comparable Buildings" shall mean comparable first-4-7 Floor Premises (the “Renewal Term Allowance”), Landlord may, at Landlord’s sole option, elect any or a portion of the following: (A) to grant some or all of the Renewal Term Allowance to Tenant as a lump sum payment to Tenant, and/or (B) in lieu of making a lump sum payment (or portion thereof) to Tenant, to reduce the rental rate component of the Fair Market Rental Rate to be an effective rental rate which takes into consideration that Tenant will not receive a payment of such Renewal Term Allowance, or portion thereof (in which case the Renewal Term Allowance, or portion thereof, evidenced class office buildings in the effective rental rate shall not be paid to Tenant). If Landlord elects option (B), then in determining the effective rental rate, the parties shall, in recognition that the Renewal Term Allowance is thereby being funded up front by Tenant and “repaid” by Landlord on a monthly basis (in the form of lower monthly Base Rent over the remainder of the Renewal Term), factor in an interest component (on an amortizing basis) on the Renewal Term Allowance, or portion thereof, equal to the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15, published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) (the “Prime Rate”)northern Alameda area.

Fair Market Rental Rate. The “Fair Market Rental Rate” shall be equal to the Base Rent rent (on a rentable square foot basisincluding additional rent), including all escalations, extrapolated at which tenants, pursuant to leases or related agreements (i) which are executed not less than three (3) months nor more than eighteen (18) months prior to the commencement of the applicable Renewal Option Term, that willing third party tenants would payand (ii) which have a term which is reasonably anticipated to commence within the six (6) month period immediately preceding or after the commencement of the Option Term, and willing landlords of comparable Class “A” quality office buildings would accept from such third party tenants, in a lease of are leasing non-sublease, non-equity, non-expansion renewal (unless the rent for such expansion space was determined in accordance with a comparable definition of Fair Market Rental Rate, if such determination is reasonably available but renewals are only excluded to the Parties) office extent tenants are not represented by a real estate broker with respect to the subject option), non-encumbered, non-expansion space comparable in size (deals in excess of 100,000 rentable square feet shall be deemed comparable in size), location location, amenities and quality to the 2-4-7 Floor Renewal Premises (taking into account the quality and layout of existing tenant improvements in the 2-4-7 Floor Premises), for a similar lease term, in an arms-arms length transaction, which comparable space is located in the Project or and in the Comparable Buildings in comparable projects in the Market Area (“Comparable Transactions”), in either case ) taking into consideration the differences in project amenities, parking rates (with the cost of any such parking being included as a factor in determining the Fair Market Rental Rate), operating expense protections and type of lease, as well as the following concessions: (a) rental abatement concessions, if any, being granted such tenants in connection with such comparable space, (b) tenant improvements or allowances provided or to be provided for such comparable space, taking into account and(c) base year and/or expense stop or similar operating expense protections, as applicable, adjusting (d) the amount and type of available parking for the fact that the 2-4-7 Floor Premises will be “second generation” space at that timeTenant, and (ce) all other monetary and non-monetary concessions, if any, being granted such tenants in connection with such Comparable Transactions; provided, however, that notwithstanding anything to the contrary herein, no consideration shall be given to (1) the fact that Landlord is or is not required to pay a real estate brokerage commission in connection with the applicable term or the fact that the Comparable Transactions do or do not involve the payment of real estate brokerage commissions, and (2) any period of rental abatement, if any, granted to tenants in Comparable Transactions in connection with the design, permitting and construction of tenant improvements in such comparable spaces. In analyzing such comparable spaces, the arbitrators shall give due consideration to the method by which the square footage of such space has been calculated and all other relevant factors which may be different between Comparable Transactions, including, without limitation, the value, if any, of Tenant’s signage as compared to signs granted to tenants in Comparable Transactions. The Fair Market Rental Rate shall in all eventsadditionally include a determination as to whether, and if so to what extent, Tenant must provide Landlord with financial security, such as a letter of credit or guaranty, for a new “Base Year,” which Tenant’s Rent obligations during the term. Such determination shall be made by reviewing the calendar year extent of financial security then generally being imposed in which Comparable Transactions with tenants of comparable financial condition and credit history to the Renewal Term commences then existing financial condition and credit history of Tenant (or if the Renewal Term commences at a time when there are less than 6 months remaining with appropriate adjustments to account for differences in the calendar year, the calendar year following the calendar year in which the Renewal Term commencesthen-existing financial condition of Tenant and such other tenants); provided, however, that in any event the new Base Year shall be factored into the determination of the Fair Market Rental Rate. If in determining the Fair Market Rental Rate for an Renewal Option Term, Tenant is deemed to be entitled to a dollar tenant improvement or comparable allowance for the refurbishment improvement of the 2-4-7 Floor Renewal Premises (the total dollar value of such allowance, the “Renewal Option Term TI Allowance”), Landlord may, at Landlord’s sole option, elect any or a portion of the following: (A) to grant some or all of the Renewal excess Option Term TI Allowance to Tenant as a lump sum payment to Tenant, and/or (B) in lieu of making a lump sum payment (or portion thereof) to Tenant, to reduce the rental rate component of the Fair Market Rental Rate to be an effective rental rate which takes into WATER’S EDGE [Electronic Arts] -11- EOP Matter ID No. 7467 consideration that Tenant will not receive a payment of such Renewal excess Option Term TI Allowance, or portion thereof (in which case the Renewal excess Option Term TI Allowance, or portion thereof, evidenced in the effective rental rate shall not be paid to Tenant). If Landlord elects option (B), then in determining the effective rental rate, the parties shall, in recognition that the Renewal Term Allowance is thereby being funded up front by Tenant and “repaid” by Landlord on a monthly basis (in the form of lower monthly Base Rent over the remainder of the Renewal Term), factor in an interest component (on an amortizing basis) on the Renewal Term Allowance, or portion thereof, equal Notwithstanding anything above to the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15contrary, published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably acknowledge and agree upon if such rate ceases to adjust the economic components of the rent in the Comparable Transactions to reflect triple net economic components so that an “apples-to-apples” comparison analysis can be published) (the “Prime Rate”)made.

Fair Market Rental Rate. The “Fair Market Rental Rate” "FAIR MARKET RENTAL RATE" shall be equal to the Base Rent rent (on a rentable square foot basisincluding additional rent and considering any "base year" or "expense stop" applicable thereto), including all escalations, extrapolated to the commencement of the applicable Renewal Term, that willing third party tenants would pay, and willing landlords of comparable Class “A” quality office buildings would accept from such third party at which tenants, in a lease of are leasing non-sublease, non-equityencumbered, non-expansion (unless the rent for such expansion space was determined in accordance with a comparable definition of Fair Market Rental Rate, if such determination is reasonably available to the Parties) office nonequity space comparable in size, location and quality to the 2-4-7 Floor Premises (taking into account the quality and layout of existing tenant improvements in the 2-4-7 Floor Premises), for a similar lease term, in an arms-arms length transaction, which comparable space is located in the Project or and in "Comparable Buildings in comparable projects in the Market Area Buildings," as that term is defined, below (“"Comparable Transactions”)") during the twelve (12) month period immediately preceding the exercise by Tenant of the Option Term, in either case taking into consideration the differences in project amenities, parking rates following concessions (with the cost of any such parking being included as a factor in determining the Fair Market Rental Rate), operating expense protections and type of lease, as well as the following concessions: "Concessions"): (a) rental abatement concessions, if any, being granted such tenants in connection with such comparable space, (b) tenant improvements or allowances provided or to be provided for such comparable space, taking into account andaccount, and deducting the value of, the existing improvements in the Premises, such value to be based upon the age, design, quality of finishes, and layout of the improvements and the extent to which the same could be utilized by a general office user as applicable, adjusting for the fact that the 2-4-7 Floor Premises will be “second generation” space at that timecontrasted with this specific Tenant, and (c) all other monetary and non-monetary concessions, if any, being granted such tenants in connection with such comparable space; provided, however, that notwithstanding anything to the contrary herein, no consideration shall be given to (i) the fact that Landlord is or is not required to pay a real estate brokerage commission or the fact that the Comparable TransactionsTransactions do or do not involve the payment of real estate brokerage commissions, and (II) any period of rental abatement, if any, granted to tenants in Comparable Transactions in connection with the design, permitting and construction of tenant improvements in such comparable spaces. In analyzing such comparable spaces, the arbitrators shall give due consideration to the method by which the square footage of such space has been calculated. The Fair Market Rental Rate shall in all eventsadditionally include a determination as to whether, and if so to what extent, Tenant must provide Landlord with financial security, such as a letter of credit or guaranty, for a new “Base Year,” which Tenant's rent obligations during the Option Term. Such determination shall be made by reviewing the calendar year extent of financial security then generally being imposed in which Comparable Transactions from tenants of comparable financial condition and credit history to the Renewal Term commences then existing financial condition and credit history of Tenant (or if the Renewal Term commences at a time when there are less than 6 months remaining with appropriate adjustments to account for differences in the calendar year, the calendar year following the calendar year in which the Renewal Term commencesthen-existing financial condition of Tenant and such other tenants); provided, however, that in any event the new Base Year shall be factored into the determination of the Fair Market Rental Rate. If in determining the Fair Market Rental Rate for an Renewal TermRate, Tenant is deemed to be entitled to a dollar tenant improvement or comparable allowance for the refurbishment improvement of the 2-4-7 Floor Premises (the “Renewal Term Allowance”total dollar value of such allowance, the "OPTION TERM TI ALLOWANCE"), Landlord may, at Landlord’s 's sole option, elect any or a portion of the following: (A) to grant some or all of the Renewal Option Term TI Allowance to Tenant as a lump sum payment to Tenant, and/or (B) in lieu of making a lump sum payment (or portion thereof) to Tenant, to reduce the rental rate component of the Fair Market Rental Rate to be an effective rental rate which takes into consideration that Tenant will not receive a payment of such Renewal Option Term TI Allowance, or portion thereof (in which case the Renewal Option Term TI Allowance, or portion thereof, evidenced in the effective rental rate shall not be paid to Tenant). If Landlord elects option (B), then in determining the effective rental rateFor purposes of this Lease, the parties shall"Comparable Buildings" shall mean comparable first-class, mid-rise office buildings located in recognition that the Renewal Term Allowance is thereby being funded up front by Tenant and “repaid” by Landlord on a monthly basis "West Los Angeles" (which shall include all of its submarkets as set forth in the form of lower monthly Base Rent over the remainder of the Renewal Term), factor in an interest component (on an amortizing basis) on the Renewal Term Allowance, or portion thereof, equal to the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15, published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) (the “Prime Rate”applicable BOMA-Los Angeles publications).

Fair Market Rental Rate. The term “Fair Market Rental Rate” shall be equal to means the Base Rent prevailing market rental rate (on a rentable stated in the form of an annual net rent per square foot basis), including escalations, extrapolated to the commencement of the applicable Renewal Term, rentable area) that a willing third party tenants tenant would pay, and a willing landlords landlord would accept, at the time of comparable Class “A” quality office buildings would accept from such third party tenantsdetermination in arm’s length, in a lease of non-sublease, non-equity, non-expansion (unless the rent bona fide negotiations for such expansion space was determined in accordance with a comparable definition of Fair Market Rental Rate, if such determination is reasonably available to the Parties) contemporaneous office space comparable in size, location and quality to the 2-4-7 Floor Premises (taking into account the quality and layout of existing tenant improvements in the 2-4-7 Floor Premises), for a similar lease term, in an arms-length transaction, which comparable space is located in the Project or in Comparable Buildings in comparable projects in the Market Area (“Comparable Transactions”), in either case taking into consideration the differences in project amenities, parking rates (with the cost of any such parking being included as a factor in determining the Fair Market Rental Rate), operating expense protections and type of lease, as well as the following concessions: (a) rental abatement concessions, if any, being granted such tenants in connection with such comparable space, (b) tenant improvements or allowances provided or to be provided for such comparable space, taking into account and, as applicable, adjusting transaction for the fact that entire Premises for the 2-4-7 Floor Premises will be “second generation” space at that time, and (c) all other monetary concessions, if any, being granted such tenants in Comparable Transactionsapplicable Option Term. The Fair Market Rental Rate shall in all events, provide for a new “Base Year,” which shall be the calendar year in which the Renewal Term commences (or if the Renewal Term commences at a time when there are less than 6 months remaining in the calendar year, the calendar year following the calendar year in which the Renewal Term commences); provided, however, that in any event the new Base Year shall be factored into the determination of the Fair Market Rental Rate. If Rate will be based upon a comparison of the terms of this Lease that will be applicable during the ensuing Option Term to other lease transactions in determining Comparable Buildings, with appropriate adjustments as necessary to equate the Fair Market Rental Rate comparable leases with the applicable terms of this Lease, taking into consideration all relevant factors, including, without limitation, (i) the annual rental rates and operating expense costs per square foot, (ii) the extent of the lessee’s liability for the performance of the covenants set forth in the lease, (iii) abatement provisions reflecting free rent or no rent subsequent to the commencement date as to the premises in question, (iv) length of the lease term, (v) size (provided that each comparable lease transaction involves no less than 50,000 rentable square feet of space), age, quality (including the quality of building systems), layout, site improvements, and location of premises being leased, (vi) building standard work letter or lessee improvement allowances, if any, (vii) other tenant concessions such as leasing commissions paid to the tenants’ brokers or agents (to the extent not already taken into account in item (i) above), lease assumptions and/or moving allowances, if any, (viii) whether or not such comparable tenants (1) have previously occupied the property, (2) have an Renewal Termequity interest in the property, Tenant or (3) are leasing the property directly from its owner (as distinguished from subleasing from a tenant), (ix) term or length of lease, (x) the time the particular rate under consideration was agreed upon and become or is deemed to become effective, (xi) the distinctions between a full service “gross” lease, a “net” lease, and a “triple net” lease; (xii) the extent of services provided or to be entitled to a dollar allowance provided, and (xiii) other generally applicable conditions of tenancy for the refurbishment of the 2-4-7 Floor Premises (the “Renewal Term Allowance”), Landlord may, at Landlord’s sole option, elect any or a portion of the following: (A) to grant some or all of the Renewal Term Allowance to Tenant as a lump sum payment to Tenant, and/or (B) in lieu of making a lump sum payment (or portion thereof) to Tenant, to reduce the rental rate component of the Fair Market Rental Rate to be an effective rental rate which takes into consideration that Tenant will not receive a payment of such Renewal Term Allowance, or portion thereof (in which case the Renewal Term Allowance, or portion thereof, evidenced in the effective rental rate shall not be paid to Tenant). If Landlord elects option (B), then in determining the effective rental rate, the parties shall, in recognition that the Renewal Term Allowance is thereby being funded up front by Tenant and “repaid” by Landlord on a monthly basis (in the form of lower monthly Base Rent over the remainder of the Renewal Term), factor in an interest component (on an amortizing basis) on the Renewal Term Allowance, or portion thereof, equal to the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15, published on the first Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) (the “Prime Rate”)transactions.