Common use of First Option Clause in Contracts

First Option. Lessor hereby grants to Lessee the option to extend the term of this Lease for a five (5) year period commencing on the date the prior term expires (the "First Option Period") upon each and all of the following terms and conditions: (a) Lessee gives to Lessor on a date which is prior to the date that the First Option Period would commence (if exercised) by at least six (6) and not more than twelve (12) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. If said notification of the exercise of said option is not so given and received, this option shall automatically expire; (b) The provisions of Paragraph 39, including the provision relating to default of Lessee set forth in Paragraph 39.4, of this Lease are conditions of this option; (c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; (d) Any prior Lessee that has not been expressly released from liability under this Lease, and any guarantor of the Lessee's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and (e) Subject to adjustment as provided in Paragraph 39.8, the monthly Base Rent for each month of the First Option Period shall be ninety-five percent (95%) of the Fair Market Rent (as defined below) of the Premises as of the commencement of the First Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the First Option Period.

Appears in 2 contracts

Samples: Lease (Vans Inc), Lease (Vans Inc)

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First Option. Lessor Landlord hereby grants to Lessee Tenant the option to ------------ extend the term Term of this Lease for a five (5) year period commencing on the date the prior term Term expires (the "First Option Period") upon each and all of the following terms and conditions: (a1) Lessee Tenant gives to Lessor Landlord, and Landlord actually receives, on a date which is prior to the date that the First Option Period would commence (if exercised) by at least six nine (69) and not more than twelve (12) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. If said notification of the exercise of said option is not so given and received, this option shall automatically expire; (b2) The provisions of Paragraph 39, including the provision -- relating to default of Lessee Tenant set forth in Paragraph 39.4, of this Lease ---- are conditions of this option; (c3) All of the terms and conditions of this Lease except where specifically modified by this option shall apply, except that Tenant shall have no further option to extend the Term of this Lease other than for the Second Option Period; (d4) Any prior Lessee Tenant that has not been expressly released from liability under this Lease, and any guarantor of the LesseeTenant's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and (e5) Subject to adjustment as provided in Paragraph 39.8, the The monthly Base Rent for each month of the First Option Period shall be ninety-five percent (equal to 95%) % of the Fair Market Rent (as defined below) of the Premises as of the commencement of the First Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the First Option Period.

Appears in 1 contract

Samples: Lease (Qualstar Corp)

First Option. Lessor Landlord hereby grants to Lessee Tenant the option to extend the term of this Lease for a five (5) year period commencing on the date the prior term expires (the "First Option Period") upon each and all of the following terms and conditions: (a) Lessee Tenant gives to Lessor Landlord, and Landlord actually receives, on a date which is prior to the date that the First Option Period would commence (if exercised) by at least six ten (610) and not more than twelve thirteen (1213) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. Such notice shall be delivered in accordance with Paragraph 23 hereof. If said notification of the exercise of said option is not so given and received, this option shall automatically expire; (b) The provisions of Paragraph 39, including the provision relating to default of Lessee Tenant set forth in Paragraph 39.4, 39.3 of this Lease are conditions of this option; (c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply, except that Tenant shall have no further option to extend the term of this Lease other than for the option provided for in Paragraph 39.5; (d) Any prior Lessee Tenant that has not been expressly released from liability under this Lease, and any guarantor of the LesseeTenant's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and (e) Subject to adjustment as provided in Paragraph 39.8, the The monthly Base Rent for each month of the First Option Period shall be ninety-five percent (95%) of the Fair Market Rent (as defined below) of the Premises as of the commencement of the First Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the First Option Period.

Appears in 1 contract

Samples: Lease (Brooks Automation Inc)

First Option. Lessor hereby grants to Lessee the option to extend the term of this Lease for a five (5) year period commencing on the date the prior term expires (the "First Option Period") upon each and all of the following terms and conditions: (a) Lessee gives to Lessor, and Lessor actually receives, on a date which is prior to the date that the First Option Period would commence (if exercised) by at least six (6) and not more than twelve nine (129) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. If said notification of the exercise of said option is not so given and received, this option shall automatically expire; (b) The provisions of Paragraph 39, including the provision relating to default of Lessee set forth in Paragraph 39.439.7, of this Lease are conditions of this option; (c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply, except that Lessee shall have no further option to extend the term of this Lease other than for the option provided for in Paragraph 39.4; (d) Any prior Lessee that has not been expressly released from liability under this Lease, and any guarantor of the Lessee's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and (e) Subject to adjustment as provided in Paragraph 39.8, the The monthly Base Rent for each month of the First Option Period shall be ninety-five percent (95%) of the Fair Market C.P.I. Adjusted Option Rent (as defined below) of the Premises as of the commencement of the First Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the First Option Period).

Appears in 1 contract

Samples: Lease (Skechers Usa Inc)

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First Option. Lessor hereby grants to Lessee the option to extend the term of this Lease for a five (5) year period commencing on the date the prior term expires (the "First Option Period") upon each and all of the following terms and conditions: (a) Lessee gives to Lessor, and Lessor actually receives, on a date which is prior to the date that the First Option Period would commence (if exercised) by at least six (6) and not more than twelve nine (129) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. If said notification of the exercise of said option is not so given and received, this option shall automatically expire; (b) The provisions of Paragraph 39, including the provision relating to default of Lessee set forth in Paragraph 39.439.7, of this Lease are conditions of this option; (c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply, except that Lessee shall have no further option to extend the term of this Lease other than for the option provided for in Paragraph 39.4; (d) Any prior Lessee that has not been expressly released from liability under this Lease, and any guarantor of the Lessee's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and (e) Subject to adjustment as provided in Paragraph 39.8, the The monthly Base Rent for each month of the First Option option Period shall be ninety-five percent (95%) of the Fair Market C.P.I. Adjusted Option Rent (as defined below) of the Premises as of the commencement of the First Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the First Option Period).

Appears in 1 contract

Samples: Lease Agreement (Skechers Usa Inc)

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