Common use of Grant and Exercise of Option Clause in Contracts

Grant and Exercise of Option. Provided that (i) no Default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "Extension Term(s)"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend in accordance with the terms hereof, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve six (126) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Event of Default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable has not materially declined relative to Landlord its creditworthiness as of the date hereof, and (iii) Tenant originally named herein or a Permitted Transferee Related Entity remains in possession of and has been continuously operating in the Leased entire Premises throughout the term immediately preceding Term of the Extension Term (as defined below)Lease, Tenant shall have the one (1) option to extend the Term of the Lease Term for two one (21) additional periods period of five (5) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Base Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve two hundred seventy (12270) months days prior to the expiration of the preceding termcurrent Term of the Lease, written notice of Tenant's ’s desire to extend the Lease TermTerm of the Lease. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereof, extend. Landlord and Tenant shall execute an amendment to the Lease prepared by Landlord (or, at Landlord’s option, a new lease on the form then in use for the Building prepared by Landlord) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) ’s exercise of the Rent Adjustmentits option to extend.

Grant and Exercise of Option. Provided that The Xxxxxx Parties hereby grant to Dow an irrevocable option (the “Option”) to purchase, on the terms and subject to the conditions set forth herein, the Interests at a cash purchase price equal to the Fair Market Enterprise Value (the “Purchase Price”). The Option may be exercised by Dow upon written notice (the “Option Exercise Notice”) to the Xxxxxx Parties at any time after the first anniversary of the Closing Date and prior to the Termination Date. The Option shall terminate and be of no further force and effect upon the earlier to occur of (i) no Default has occurred the fifth anniversary of the Closing Date, and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession date of the Leased Premises throughout closing of the term immediately preceding first underwritten public offering of the Extension Term equity interests of the Xxxxxx Group (or its successor) (an “IPO”) pursuant to a registration statement filed pursuant to the Securities Act of 1933, as defined belowamended (such date being referred to herein as the “Termination Date”); provided, Tenant shall that Dow will not have the option right to extend exercise the Lease Term Option after the forty-fifth (45th) day following the date on which the Xxxxxx Parties provide written notice (“Xxxxxx Notice”) to Dow that it has filed such a registration statement for two an IPO with the Securities Exchange Commission (2) additional periods it being understood that Dow will have the right to exercise the Option if the Xxxxxx Parties do not consummate an IPO within 180 days of five (5) years each (the "Extension Term(s)"delivery of such Xxxxxx Notice). Each Extension Term Notwithstanding the foregoing sentence, (i) Dow shall be upon entitled to purchase the same terms and conditions contained Interests in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect event that it has exercised the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend Option in accordance with the terms hereof, Landlord and Tenant shall execute an amendment hereof prior to the Lease reflecting Termination Date and (ii) Xxxxxx Parties’ obligation to sell the terms and conditions Interests shall be subject to the restrictive covenants contained in its debt financing agreements as in effect from time to time; provided that such covenants do not adversely materially discriminate against such Interests compared to the assets of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent AdjustmentXxxxxx Parties taken as a whole.

Grant and Exercise of Option. Provided that (i) no Default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord Landlord, and (iii) Tenant originally named herein or a its Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "each an “Extension Term(s)"Term”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by delivering to Landlord, no later than twelve two hundred seventy (12270) months days prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one two hundred eighty forty (180240) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (ia) no Default has occurred This Employee Retention Stock Option Agreement evidences the grant by the Corporation on the Grant Date set forth above to the Grantee of a Non-statutory Stock Option to purchase the Shares set forth above at the Exercise Price Per Share set forth above subject to the terms provided herein and is then continuing (ii) in the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each Plan (the "Extension Term(s)Option"). (b) The Option shall become exercisable, subject to Section 6 of the Plan, at 12:01 a.m. on November 18, 2003. (c) Notwithstanding any other provisions of the Plan or this Employee Retention Stock Option Agreement, the Option will expire 10 years after the Grant Date. (d) Grantee acknowledges that the Options granted hereby are granted to provide an incentive for the Grantee to continue to remain actively involved in the affairs of the Corporation. Each Extension Term Accordingly, if the Grantee ceases to be an Employee as a result of voluntary termination of employment or retirement, the Option will on the date on which the Grantee ceases to be an Employee. An Employee shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall regarded as retired if his or her employment terminates after his or her 65th birthday. The Option may be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable exercised only as to the Leased Premises under the Lease shall not apply number of Shares for which it could have been exercised, pursuant to the Extension TermPlan and this Employee Retention Stock Option Agreement, and at the time the Grantee's employment was terminated as a result of retirement. (ze) If the Minimum Annual Rent shall Grantee ceases to be adjusted as set forth below (an Employee because of Disability or death, the "Rent Adjustment")Option may only be exercised by him or her, or in case of death, by his or her legal representative or by the person who acquired the right to exercise the Option pursuant to the Plan, within 12 months after his or her death or termination of employment due to Disability. Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months The Option will become fully vested if Grantee dies or becomes Disabled prior to the expiration Grantee ceasing to be an Employee as a result of the preceding term, written notice voluntary termination of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty employment or retirement. (180f) days prior The Option will terminate to the commencement of the Extension Term. Tenant shall extent that it no longer can be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend exercised in accordance with the terms hereofPlan or this Employee Retention Stock Option Agreement. (g) Any election to exercise the Option shall be accomplished as provided in the Plan and shall be in writing, Landlord signed by the Grantee or by his legal representative or other person authorized to exercise the Option and Tenant shall execute an amendment be effective when received by the Corporation at its offices in Livonia, Michigan, stating the number of Shares with respect to which it is being exercised, accompanied by payment as required by the Lease reflecting Plan and by such additional reasonable documentation evidencing the terms and conditions right to exercise as the Corporation may require. The purchase price shall be paid by bank check or wire transfer of immediately available federal funds, or such other form of consideration as is designated by the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptancePlan, including the methods provided in Section 9(d) of the Rent AdjustmentPlan if permitted by the Committee at the time of exercise. (h) The Option may not be exercised if the issuance of the Shares upon such exercise would constitute a violation of any applicable federal or state securities or other law or valid regulation. As a condition to exercise of the Option, the Corporation may require the person exercising the Option to make any representation and warranty to the Corporation as may be required by any applicable law or regulation.

Grant and Exercise of Option. Provided that (i) no Default uncured material default by Tenant has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)continuing, Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Base Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by delivering to Landlord, no later than twelve six (126) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty fifteen (3015) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) the Lease is in full force and effect, (ii) no Default has occurred and is then continuing (ii) and no facts or circumstances exist which, with the creditworthiness giving of Tenant is then reasonably acceptable to Landlord notice or the passage of time, or both, would constitute a Default, and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term Tenant’s tangible net worth is at least Ten Million and No/100 Dollars ($10,000,000.00), as defined below)revealed by its most current financial statements, Tenant shall have the one (1) option to extend the initial Lease Term (the “Original Term”) for two one (21) additional periods period of five (5) years each (the "“Extension Term(s)"Term”). Each For the purpose hereof, “tangible net worth” shall mean the value of tangible assets (i.e., assets excluding those which are intangibles such as goodwill, patents and trademarks) over liabilities. The leasing of the Leased Premises for the Extension Term shall be upon the same terms and conditions contained in the Lease for the Original Term except (xi) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and ; (yii) any improvement allowances allowances, termination rights or other concessions applicable to the Leased Premises under during the Lease Original Term shall not apply to the Extension Extended Term, and (ziii) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve one hundred eighty (12180) months days prior to the expiration of the preceding termOriginal Term, written notice of Tenant's ’s desire to extend the Lease Original Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of Minimum Annual Rent for the Rent Adjustment Extension Term no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall have twenty (20) business days following its receipt of Landlord’s notice to notify Landlord in writing that Tenant objects to the Rent Adjustment and therefore that Tenant elects to determine the Fair Market Value Rent (as defined and calculated below). Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty said twenty (3020) days after receipt thereofbusiness day period. If Tenant timely exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term Term, within thirty (30) days after Tenant's acceptance (or deemed acceptance) following the determination of the Minimum Annual Rent Adjustmentfor the Extension Term.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, (ii) the creditworthiness tangible net worth of Tenant is then reasonably acceptable to Landlord not less than $50,000,000, and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Premises, Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the each an "Extension Term(s)Term"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) exercise of the Rent Adjustmentits option to extend.

Grant and Exercise of Option. Provided that (i) no Tenant is not in Default has occurred hereunder, and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a its Permitted Transferee remains in possession of the Leased Additional Space and the Original Premises throughout the term immediately preceding of the Extension Term (as defined below)Additional Space, Tenant shall have the one (1) option to extend the Lease Term for two (2) additional periods term of five (5) years each the Additional Space through May 31, 2012 (the "“Additional Space Extension Term(s)"Term”). Each The Additional Space Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended not have any further option to reflect extend the remaining options to extendterm of the Additional Space only, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises Additional Space under the Lease shall not apply to the Additional Space Extension Term, and (z) the Minimum Annual Rent for the Additional Space shall be adjusted as set forth below (the "“Additional Space Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding termMarch 1, 2010, written notice of Tenant's ’s desire to extend the Lease Termterm of the Additional Space. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofterm of the Additional Space, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Additional Space Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent AdjustmentTerm.

Grant and Exercise of Option. Provided Tenant is hereby granted the option to purchase (the “Purchase Option”) all of Landlord’s right, title and interest in and to the Property on the terms and conditions set forth in this Article 43. The Purchase Option may be exercised by Tenant only by delivery of written notice (the “Purchase Notice”) to Landlord which Purchase Notice must be received by Landlord prior to the date that is two (2) years after the date of this Lease; provided, that such two (2) year period shall be extended by one day for each Final Delay Day that may occur (as provided in Section 2.08 above). The Purchase Option shall be exercisable by Tenant on the express conditions that (i) no at the time of delivery of the Purchase Notice, Tenant shall not be in Default has occurred and under Section 19.01(D) hereof, or in monetary Default under this Lease in excess of Fifteen Thousand Dollars ($15,000) unless (in the case of such a monetary Default) such Default is then continuing in the process of litigation or arbitration pursuant to the other provisions of this Lease, and (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein has not Transferred all or a Permitted Transferee remains in possession any part of the Leased Premises throughout the term immediately preceding the Extension Term or Tenant’s interest in this Lease (as defined below)excluding, Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "Extension Term(s)"clarity, any Permitted Transfer). Each Extension Term shall be upon In the same terms and conditions contained in event of the Lease except (x) this provision giving two (2) extension options shall be amended to reflect failure of any such conditions, the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease Purchase Option shall not apply to be exercisable by Tenant unless and until such conditions are satisfied within the Extension Term, and (z) period of the Minimum Annual Rent shall be adjusted Purchase Option. Upon exercise of the Purchase Option by Tenant as set forth below (above, Landlord agrees to sell to Tenant and Tenant agrees to purchase from Landlord the "Rent Adjustment")Property on the terms and subject to the conditions set forth in this Article 43. If Tenant shall exercise each option by delivering fails to Landlordtimely deliver the Purchase Notice, no later than twelve (12) months or if this Lease is terminated pursuant to any of its other terms or provisions prior to the expiration receipt of the preceding termPurchase Notice, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option Purchase Option shall be deemed a waiver null and void and of such option no further force and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereofeffect. If Tenant exercises its option to extend in accordance with the terms hereofPurchase Option as provided herein, then Landlord and Tenant shall execute an amendment shall, within forty-five (45) days after such exercise, enter into a mutually acceptable purchase and sale agreement pertaining to the Lease Property (the “Purchase and Sale Agreement”), reflecting the terms of this Article 43, as well as other customary matters contained in purchase and conditions of sale agreements for properties similar to the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of Property in the Rent Adjustmentregion in which the Property is located. The parties agree to act reasonably and cooperatively in negotiating, executing and delivering the Purchase and Sale Agreement.

Grant and Exercise of Option. Provided that (i) no Default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below in Section 16.15(b) (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to LandlordLandlord on or before August 31, no later than twelve (12) months prior 2020 with respect to the expiration of first extension term and on or before August 31, 2025 with respect to the preceding second extension term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing and (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Landlord, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five (5) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty thirty (18030) days prior to the commencement after Landlord’s receipt of the Extension TermTenant’s notice. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days 30)days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord Landlord, and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Lease Term, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five three (53) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve one hundred eighty (12180) months days prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty fifty (180150) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Tenant has not been in Default has occurred and is then continuing under the Lease beyond applicable cure periods, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and Landlord, (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding Lease Term and (iv) the Extension Term current use of the Leased Premises is consistent with the Permitted Use hereunder (as defined belowunless a change in Permitted Use has since been approved by Landlord), Tenant shall have the one (1) option to extend the Lease Term for one (1) additional period of two (2) additional periods of five (5) years each (the "Extension Term(s)Term"). Each The Extension Term shall be upon the same terms and conditions contained in the Lease for the original Lease Term except (xi) this provision giving two (2) extension options Tenant shall be amended not have any further option to reflect the remaining options to extend, if any, extend and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (zii) the Minimum Annual Rent shall be adjusted as set forth in subsection (b) below (the "Rent Adjustment"). Tenant shall exercise each such option by delivering to Landlord, no later than twelve six (126) months prior to the expiration of the preceding termLease Term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty fifty (180150) days prior to the commencement of the Extension Term. Tenant shall have five (5) business days following its receipt of Landlord's notice to notify Landlord in writing that Tenant objects to the Rent Adjustment, and therefore that Tenant retracts its option to extend the Lease Term, in which case the Lease Term shall expire on its scheduled expiration date and Tenant's option to extend shall be void and of no further force and effect. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term Term, within thirty (30) days after Tenant's acceptance (exercise of its option to extend, which amendment shall have no force or deemed acceptance) of the Rent Adjustmenteffect until both Tenant and Landlord shall have executed same.

Grant and Exercise of Option. Provided that (i) no Default has occurred Tenant is not in Xxxxxxx hereunder, and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Lease Term (as defined below"Original Term"), Tenant shall have the option to extend the Lease Original Term for two (2) additional periods of five (5) years each (the "Extension Term(s)"). Each Extension Term shall be upon the same terms and conditions contained in the Lease for the Original Term except (xi) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (zii) the Minimum Annual Rent shall be adjusted as set forth below herein (the "Market Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Termterm of the Lease. Tenant's failure to timely properly exercise such option shall be deemed a waiver of such option waive it and any succeeding option. If Tenant properly exercises its option to extends Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty ten (3010) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building so long as the business and legal terms and provisions of this Lease are fully incorporated into such new lease) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent AdjustmentTerm.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee any of its affiliates or subsidiaries (as defined in Article 14 of the Lease) remains in possession of the Leased entire Premises throughout the term immediately preceding the Additional Extension Term (as defined below)) and Tenant has not defaulted with respect to any payment of rent under the Lease, Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Additional Extension Term(s)"”). Each Additional Extension Term shall be upon the same terms and conditions contained in the Lease Lease, as amended, except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Additional Extension Term, and (z) the Minimum Annual Net Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve one hundred twenty (12120) months days prior to the expiration of the then preceding term, written notice of Tenant's ’s desire to extend the Lease Termterm of the Lease. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Additional Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty ten (3010) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Additional Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Tenant has not been in Default has occurred hereunder more than one (1) time during the year preceding the applicable Extension Term, and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession current use of the Leased Premises throughout is consistent with the term immediately preceding the Extension Term (as defined below)Permitted Use hereunder, Tenant shall have the option two (2) options to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Extension Term(s)"Terms”). Each The Extension Term Terms shall be upon the same terms and conditions contained in the Lease for the Term except (xi) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (zii) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding termTerm, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such waive it. If Tenant properly exercises its option and any succeeding option. to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty sixty (18060) days prior to the commencement following Tenant’s exercise of the Extension Termoption. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty ten (3010) business days after receipt thereof. If Tenant exercises its option to extend in accordance with the terms hereof, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, and (ii) the creditworthiness tangible net worth of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)at least $10,000,000.00, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five (5) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty eleven (18011) days months prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing beyond applicable notice and cure periods, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord intentionally omitted, and (iii) Tenant originally named herein or a Permitted Transferee remains in possession is not then subleasing more than 1/3 of the rentable square footage of the Leased Premises throughout or more than one (1) full floor of the term immediately preceding the Extension Term Leased Premises (as defined belowto be determined on a cumulative basis for all subleases then in effect), Tenant shall have one (1) option (the option "Extension Option") to extend the Lease Term for two one (21) additional periods period of five seven (57) years each (the "Extension Term(s)Term"). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances allowances, Landlord construction work to the Leased Premises, or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "Rent Adjustment"). Tenant shall exercise each such option by delivering to Landlord, no later earlier than twelve (12) months and no later than nine (9) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely properly exercise such option the Extension Option shall be deemed a waiver of such the Extension Option. Any reference in this Lease to the "Lease Term" shall mean the initial Lease Term as it may be extended pursuant to this Section. Tenant has no other option and any succeeding optionto extend the Lease Term except as set forth in this Section. Landlord shall notify Tenant of the amount Upon determination of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend in accordance with the terms hereofAdjustment, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term Term. Tenant agrees to execute such amendment to the Lease (or new lease) prepared by Landlord on the terms set forth herein within thirty (30) days after TenantLandlord's acceptance request (or deemed acceptance) time being of the Rent Adjustmentessence).

Grant and Exercise of Option. Provided that (i) Tenant exercises the Expansion Option pursuant to Section 17.01 above, (ii) no Default default has occurred and is then continuing (iiprovided that if there is a default hereunder that has occurred, but the cure period related thereto has not expired, Tenant's exercise of this option to extend shall be valid provided that Tenant does cure such default within such cure period), and (iii) subject to subsection (d) below, the creditworthiness tangible net worth of Tenant is then reasonably acceptable equal to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)greater than $25,000,000.00, Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the each an "Extension Term(s)Term"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Term, together with a copy of Tenant's most recent audited financial statements to the extent not publicly available (the "Extension Notice"). Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (exercise of its option to extend; provided, however, that this Section 17.04 shall be fully effective on the terms and conditions set forth herein, whether or deemed acceptance) not such amendment is executed and delivered. For the purpose of this Section 17.04, "tangible net worth" shall mean the excess of the Rent Adjustment.value of tangible assets (i.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, and (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of a majority of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "Extension Term(s)"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease TermTerm ("Tenant's Notice"). Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty thirty (18030) days prior to the commencement after Landlord's receipt of the Extension TermTenant's Notice. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty ten (3010) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Tenant has not been in Default has occurred and is then continuing at any time during the Lease Term, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and Landlord, (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding Lease Term, and, (iv) the Extension Term (as defined below)current use of the Leased Premises is acceptable to Landlord, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five three (53) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty thirty (18030) days prior after receipt of Tenant’s notice of its exercise of this option to the commencement of the Extension Termextend. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) the Lease is in full force and effect, (ii) no Default has occurred and is then continuing (ii) and no facts or circumstances exist which, with the creditworthiness giving of Tenant is then reasonably acceptable to Landlord notice or the passage of time, or both, would constitute a Default, and (iii) the tangible net worth of Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)is at least $10,000,000.00, Tenant shall have the option to extend the Lease Term for two (2) additional periods of options to extend the prior Lease Term (the “Prior Term”) for five (5) years each (the "each an “Extension Term(s)"Term”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (xi) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (yii) any improvement allowances or other concessions applicable to the Leased Premises under during the Lease Prior Term shall not apply to the Extension Term, and (ziii) the Minimum Annual Rent shall be adjusted as set forth below herein (said adjustment being referred to herein as the "“Rent Adjustment"”). Tenant shall exercise each option by delivering to Landlord, no later than twelve one hundred eighty (12180) months days prior to the expiration of the preceding termPrior Term, written notice of Tenant's ’s desire to extend the Lease Prior Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant timely exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) ’s exercise of the Rent Adjustmentits option to extend.

Grant and Exercise of Option. Provided that (i) no Default has occurred Landlord grants to Tenant, subject to the terms and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains conditions set forth in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for this Article two (2) options (each, the “Option”) to extend the Term for an additional periods term of five sixty (560) years each months (the "Extension Term(s)"). Each Extension Term “Option Term”) each, which Option shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extendexercised, if anyat all, and by written notice (y“Option Notice”) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, Landlord no later earlier than twelve (12) months prior to the expiration of date the preceding term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely Term would expire but for such exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment but no later than one hundred eighty nine (1809) days months prior to the date the Term would expire but for such exercise, time being of the essence for the giving of such notice. If Tenant exercises the Option, all of the terms, covenants and conditions of this Lease shall apply except for the grant of any additional Option pursuant to this Article 5 and except for tenant improvements, improvement allowances or relocation allowances, free rent or other leasing concessions and inducements, and provided that Base Rent for the Premises payable by Tenant during the applicable Option Term shall be the greater of (i) the Base Rent applicable to the period immediately prior to the commencement of the Extension Term. Tenant shall be deemed applicable Option Term (without regard to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty temporary reductions or abatements or reductions then in effect), or (30ii) days after receipt thereof. If Tenant exercises its option to extend in accordance with the terms hereof, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty ninety-five percent (30) days after Tenant's acceptance (or deemed acceptance95%) of the Rent AdjustmentFair Market Rental as hereinafter defined. Notwithstanding anything herein to the contrary, if Tenant is in monetary or material non-monetary Default under any of the terms, covenants or conditions of this Lease either at the time Tenant exercises the applicable Option or at any time thereafter prior to the commencement date of applicable Option Term, then Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the Lease Term shall not be extended pursuant to this Section 5.1. As used herein, the term “Fair Market Rental” is defined as the rental and all other monetary payments, including three percent (3%) annual escalations in years two (2) through five (5) of the applicable Option Term that Landlord could obtain during the applicable Option Term from a third party desiring to lease the Premises, based upon the Permitted Use, as determined by the rents then obtainable for direct, non-equity leases of comparable length for space comparable in size, age and quality to the Premises in the Santa Xxxxx submarket. In setting Fair Market Rental, the appraisers shall be instructed to take into account that there will be no: (i) brokerage commissions, and (ii) rent abatements.

Grant and Exercise of Option. Provided that (i) no Default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is not less than that of Tenant as of the Commencement Date of this Lease (unless Tenant’s creditworthiness is then otherwise reasonably acceptable to Landlord Landlord), and (iii) Tenant originally named herein (or a its Permitted Transferee Transferee) remains in possession of the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two three (23) additional periods of five (5) years each (the "each an “Extension Term(s)"Term”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two three (23) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Landlord’s receipt of Tenant's acceptance ’s notice (or deemed acceptance) provided that each party shall use commercially reasonable efforts to respond promptly in the reasonable negotiation of the Rent Adjustmentspecific lease or amendment form).

Grant and Exercise of Option. Provided that (i) no Default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "Extension Term(s)"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of TenantXxxxxx's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend in accordance with the terms hereof, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord (Tenant’s creditworthiness at the Execution Date qualifies as acceptable to Landlord) and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two three (23) additional periods of five (5) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two three (23) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Tenant may request that Landlord notify Tenant of the amount of Rent Adjustment at any time which is not more than eighteen (18) months prior to the expiration bf the then existing term. Landlord shall notify Tenant of the amount of Rent Adjustment within thirty (30) days after receipt of such request and Landlord and Tenant shall negotiate such Rent Adjustment in good faith. If Landlord fails to provide the amount of the Rent Adjustment no later than one hundred eighty within such thirty (18030) days prior to day period, the commencement date by which Tenant must exercise the option shall be postponed a like number of the Extension Termdays. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty fifteen (3015) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable acceptably to Landlord Landlord, and (iii) Tenant originally named herein [or a its Permitted Transferee Transferee] remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Lease Term, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five three (53) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve six (126) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Tenant has not been in Default has occurred and is then continuing beyond any applicable cure periods at any time during the Lease Term, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and materially the same as or better than on the Commencement Date, (iii) Tenant originally named herein or a Permitted Transferee (as defined herein) remains in possession of and has been continuously operating in substantially the entire Leased Premises throughout the term immediately preceding Lease Term and (iv) the Extension Term (as defined below)current use of the Leased Premises is consistent with the Permitted Use hereunder, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five (5) years each (the "Extension Term(s)Term"). Each The Extension Term shall be upon the same terms and conditions contained in the Lease for the Lease Term except (xi) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under term of the Lease shall not apply to the Extension Term, be five (5) years; and (zii) Tenant shall not have any further option to extend and (iii) the Minimum Annual Rent shall be adjusted as set forth below herein (the "Rent Adjustment"). Tenant shall exercise each such option by delivering to Landlord, no later than twelve six (126) months prior to the expiration of the preceding termLease Term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely properly exercise such option shall be deemed a waiver of such waive it. If Tenant properly exercises its option and any succeeding option. to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term Term, within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default by Tenant has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a its Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Lease Term, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five (5) years each (the "Extension Term(s)Term"). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "Rent Adjustment"). Tenant shall exercise each such option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty ten (3010) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease in the same form as this Lease) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that that: (i) no Default Tenant has occurred not exxxxxxxx its option to change the Expiration Date as set forth in Section 4 above and is then continuing (ii) Tenant concurrently exercises its option to extend the creditworthiness of lease at 2451-2465 Mission College Boulevard; and, and subject to the terms anx xxxxxxxxxx xxx xxxxx xx xxxx Xxxxion 18.A, Landlord grants to Tenant is then reasonably acceptable to Landlord and two (iii2) Tenant originally named herein or a Permitted Transferee remains in possession of options (the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option "Options") to extend the Lease Term for two (2) an additional periods of five (5) years each term (the "Extension Term(s)Option Term"). Each Extension Option Term shall be upon the same terms for a period of sixty (60) months and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extendexercised, if anyat all, and by written notice to Landlord no earlier than fifteen (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (1215) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend date the Lease Term. Tenant's failure to timely Term would expire but for such exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment but no later than one hundred eighty nine (1809) days months prior to the date the Lease Term would expire but for such exercise, time being of the essence for the giving of such notice. If Tenant exercises the Option, all of the terms, covenants and conditions of this Lease except for the grant of additional Options pursuant to this Section, provided that Base Monthly Rent for the Premises payable by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Extension Option Term, and (ii) ninety five percent (95%) of the Fair Market Rental as hereinafter defined. Notwithstanding anything herein to the contrary, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease (beyond applicable notice and cure periods) either at the time Tenant exercises the Option or at any time thereafter prior to the commencement date of the Option Term, then Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the Lease Term shall not be extended pursuant to this Section 18.A. As used herein, the term "Fair Market Rental" is defined as the rental and all other monetary payments, including any escalations and adjustments thereto (including without limitation Consumer Price Indexing) that Landlord could obtain during the Option Term from a third party desiring to lease the Premises, based upon the current use and other potential uses of the Premises, as determined by the rents then being obtained for new leases of space comparable in age and quality to the Premises in the same real estate submarket as the Building. The appraisers shall be deemed instructed that the foregoing five percent (5%) discount is intended to have accepted offset comparable rents that include the Rent Adjustment if it fails to deliver to following costs which Landlord a written objection thereto within thirty (30) days after receipt thereof. If will not incur in the event Tenant exercises its option to extend in accordance with the terms hereof(i) brokerage commissions, Landlord (ii) tenant improvement allowances, (iii) building improvement costs, and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30iv) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustmentvacancy costs.

Grant and Exercise of Option. Provided that (i) no Default has occurred and Tenant is then continuing not in default beyond any applicable cure periods at the time of Tenant’s exercise of the option, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord Landlord, and (iii) Tenant originally named herein (or a its Permitted Transferee Transferee) and/or the Subtenant remains in possession of and has been continuously operating in not less than one hundred percent (100%) of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two three (23) additional periods (the “Extension Term(s)”) of five (5) years each (the "Extension Term(s)")each. Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two three (23) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve one hundred eighty (12180) months days prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord After proper and timely exercise of an option to extend all references in this Lease to “Term” or “Lease Term” shall notify Tenant be considered to mean the Term as extended, and all references in this Lease to termination or to the end of the amount of Term shall be considered to mean the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement termination or end of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend in accordance with the terms hereof, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, (ii) the creditworthiness tangible net worth of Tenant is then reasonably acceptable equal to Landlord or greater than One Hundred Million and No/100 Dollars ($100,000,000.00), and (iii) Tenant originally named herein or has not assigned this Lease (other than to a Permitted Transferee remains in possession Transferee) or sublet fifty percent (50%) or more of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)to a person or entity other than a Permitted Transferee, Tenant shall have the option to extend the Lease Term for two three (23) additional periods of five (5) years each (the "each an “Extension Term(s)"Term”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two three (23) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the initial Lease Term or preceding termExtension Term, as the case may be, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. With respect to the second and third Extension Terms, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty nine (1809) days months prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted rejected the Rent Adjustment and retracted its option to extend if it fails to deliver to Landlord a written objection acceptance or rejection thereto within thirty fifteen (3015) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) the determination of the Rent AdjustmentAdjustment and for all purposes under the Lease, the defined term “Lease Term” shall include such Extension Term.

Grant and Exercise of Option. Provided that (i) no Default has occurred and is then continuing continuing, and (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a any Permitted Transferee remains in possession of and occupying no less than 33% of the Leased entire Premises throughout as of the term immediately preceding the Extension Term (as defined below)date of Tenant’s notice of extension, Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Base Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to Landlord, no earlier than fifteen (15) month and no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty forty-five (18045) days prior to the commencement after Tenant’s notice of the Extension Termextension. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment. Landlord shall not be obligated to provide any rent abatement, allowances, improvements or other monetary concessions of any kind in connection with the Extension Term, provided that Landlord agrees to consider providing one or more such concessions at Tenant’s request if Tenant’s then creditworthiness is acceptable to Landlord in Landlord’s sole discretion.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a its Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Lease Term, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five eight (5) years each 8) months (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve six (126) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (ia) no Default has occurred and is then continuing The Town hereby grants to Lessee an exclusive option to lease the Lease Area (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains “Option”), which Option shall be in possession of effect during the Leased Premises throughout Development Period for so long as the term immediately preceding the Extension Term Option Fees (as defined below), Tenant shall have herein) are paid to the option to Town by Lessee as required herein and the Development Period does not extend the Lease Term for beyond two (2) additional periods of five (5) years each (past the "Extension Term(s)")Effective Date. Each Extension Term Lessee may, at its sole option, terminate this Agreement at any time during the Development Period. Any payments, including the Option Fees, made to the Town before this Agreement is terminated shall be upon the same terms Town’s property and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply be refunded. The Town may terminate this Agreement at any time during the Development Period if Lessee fails to pay the Extension Term, Option Fees as required hereunder and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, Town has provided written notice of Tenant's desire to extend the Lease Term. Tenant's such failure to timely exercise such option shall be deemed a waiver of such option Lessee and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within provided thirty (30) days to cure such failure. Town or Lessee may terminate this Agreement at any time after receipt thereofthe Development Period, only as expressly provided herein. If Tenant exercises Any payments, including the Option Fees, made to the Town before this Agreement is terminated shall be the Town’s property and shall not be refunded. (b) Lessee may exercise its option Option by giving written notice of such exercise to extend the Town (the “Option Notice”) at any time during the Development Period. The Town and Lessee agree that as of the date of exercise of the Option Notice, the lease granted hereunder in accordance with Article 2, Section 2 below shall commence (the terms hereof“Lease Commencement Date”) and the Development Period shall automatically terminate. If Lessee does not exercise the Option, Landlord then this Agreement shall automatically terminate at the end of the Development Period, and Tenant this Agreement shall execute an amendment be of no further force or effect and all rights, duties and obligations of the Town and Lessee under this Agreement shall terminate unless and to the Lease reflecting the extent such terms and conditions expressly survive termination of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustmentthis Agreement.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing (beyond any applicable notice and cure period) (ii) the creditworthiness of Tenant is the same or better than as of the date hereof or otherwise then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for one (1) or two (2) additional periods of five three (53) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment")below. Tenant shall exercise each option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount its estimate of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement Fair Market Rental Value of the Extension TermLeased Premises (the “Rent Adjustment”). Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that Landlord grants to Tenant, subject tx xxx xxrms and conditions set forth in this Section 18.A, two (i2) no Default has occurred and is then continuing options (iithe "Options") the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) an additional periods of five (5) years each term (the "Extension Term(s)Option Term"). Each Extension Option Term shall be upon the same terms for a period of sixty (60) months and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extendexercised, if anyat all, and by written notice to Landlord no earlier than fifteen (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (1215) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend date the Lease Term. Tenant's failure to timely Term would expire but for such exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment but no later than one hundred eighty nine (1809) days months prior to the date the Lease Term would expire but for such exercise, time being of the essence for the giving of such notice. If Tenant exercises the Option, all of the terms, covenants and conditions of this Lease except for the grant of additional Options pursuant to this Section, provided that Base Monthly Rent for the Premises payable by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Extension Option Term, and (ii) ninety five percent (95%) of the Fair Market Rental as hereinafter defined. Notwithstanding anything herein to the contrary, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease (beyond applicable notice and cure periods) either at the time Tenant exercises the Option or at any time thereafter prior to the commencement date of the Option Term, then Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the Lease Term shall not be extended pursuant to this Section 18.A. As used herein, the term "Fair Market Rental" is defined as the rental and all other monetary payments, including any escalations and adjustments thereto (including without limitation Consumer Price Indexing) that Landlord could obtain during the Option Term from a third party desiring to lease the Premises, based upon the current use and other potential uses of the Premises, as determined by the rents then being obtained for new leases of space comparable in age and quality to the Premises in the same real estate submarket as the Building. The appraisers shall be deemed instructed that the foregoing five percent (5%) discount is intended to have accepted offset comparable rents that include the Rent Adjustment if it fails to deliver to following costs which Landlord a written objection thereto within thirty (30) days after receipt thereof. If will not incur in the event Tenant exercises its option to extend in accordance with the terms hereof(i) brokerage commissions, Landlord (ii) tenant improvement allowances, (iii) building improvement costs, and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30iv) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustmentvacancy costs.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable acceptably to Landlord Landlord, and (iii) Tenant originally named herein or a its Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Lease Term, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five (5) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty fifteen (3015) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's Tenants acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing pursuant to Article 13, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein (or a Permitted Transferee under Section 11.02 hereof) remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Extension Term(s)"Terms”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty six (1806) days months prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty ten (3010) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, and (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in at least one (1) entire floor of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (xw) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (x) Landlord may require an additional security deposit or letter of credit for the applicable Extension Term based upon the creditworthiness of Tenant at the time Tenant exercises such option, (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five three (53) years each (the "“Extension Term(s)"”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "“Rent Adjustment"”). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve eight (12) 8) months prior to the expiration of the preceding term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord Landlord, and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five (5) years each (the each an "Extension Term(s)Term"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve three hundred sixty-five (12365) months days prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty ten (3010) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord not less than that of the date hereof and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) additional periods of five three (53) years each (the "Extension Term(s)"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by (i) delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing continuing, (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a its Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Lease Term, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five three (53) years each (the "“Extension Term(s)"Term”). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve nine (129) months prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's ’s desire to extend the Lease Term. Tenant's ’s failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty thirty (18030) days prior after receipt of Tenant’s notice of its exercise of this option to the commencement of the Extension Termextend. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord’s option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's ’s acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that (i) no Default Tenant has occurred and is then continuing not bexx xx Xxfault in the payment of Rent or any other sum due Landlord hereunder more than two (2) times during the immediately preceding two (2) years, (ii) the creditworthiness of Tenant is then reasonably acceptable equal to Landlord or in excess of Tenant's creditworthiness as of the date of this Lease and the letter of credit is still in effect, (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in a majority of the Leased Premises, excluding any Surplus Space that has not been subleased pursuant to Article 11, throughout the Original Term and (iv) the current use of the Leased Premises throughout is the term immediately preceding the Extension Term (as defined below)Permitted Use, Tenant shall have the one (1) option to extend the Lease Term original fifteen year term for two one (21) additional periods period of five (5) years each (the "Extension Term(s)Term"). Each Any Extension Term resulting from the due exercise by Tenant of any Extension Option shall be deemed part of the Lease Term upon the same terms and conditions contained in the Lease for the Original Term except (xi) this provision giving two (2) extension options Tenant shall be amended not have any further option to reflect the remaining options to extend, if any, extend and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (zii) the Minimum Annual Base Rent shall be adjusted as set forth below herein (the "Rent Adjustment"). Tenant shall exercise each such option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding termOriginal Term, written notice ("Tenant's Notice") of Tenant's desire to extend the Lease Original Term. Tenant's failure to timely properly exercise such option shall be deemed a waiver of such waive it. If Tenant properly exercises its option and any succeeding option. to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty thirty (18030) days prior to the commencement after its receipt of the Extension TermTenant's Notice. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term Term, within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that The Xxxxxx Parties hereby grant to Dow an irrevocable option (the “Option”) to purchase, on the terms and subject to the conditions set forth herein, the Interests at a cash purchase price equal to the Fair Market Enterprise Value (the “Purchase Price”). The Option may be exercised by Dow upon written notice (the “Option Exercise Notice”) to the Xxxxxx Parties at any time after the first anniversary of the Closing Date and prior to the Termination Date. The Option shall terminate and be of no further force and effect upon the earlier to occur of (i) no Default has occurred the fifth anniversary of the Closing Date, and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession date of the Leased Premises throughout closing of the term immediately preceding first underwritten public offering of the Extension Term equity interests of the Xxxxxx Group (or its successor) (an “IPO”) pursuant to a registration statement filed pursuant to the Securities Act of 1933, as defined belowamended (such date being referred to herein as the “Termination Date”); provided, Tenant shall that Dow will not have the option right to extend exercise the Lease Term Option after the forty-fifth (45th) day following the date on which the Xxxxxx Parties provide written notice (“Xxxxxx Notice”) to Dow that it has filed such a registration statement for two an IPO with the Securities Exchange Commission (2) additional periods it being understood that Dow will have the right to exercise the Option if the Xxxxxx Parties do not consummate an IPO within 180 days of five (5) years each (the "Extension Term(s)"delivery of such Xxxxxx Notice). Each Extension Term Notwithstanding the foregoing sentence, (i) Dow shall be upon entitled to purchase the same terms and conditions contained Interests in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect event that it has exercised the remaining options to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty (180) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend Option in accordance with the terms hereof, Landlord and Tenant shall execute an amendment hereof prior to the Lease reflecting Termination Date and (ii) Xxxxxx Parties’ obligation to sell the terms and conditions Interests shall be subject to the restrictive covenants contained in its debt EXECUTION COPY financing agreements as in effect from time to time; provided that such covenants do not adversely materially discriminate against such Interests compared to the assets of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent AdjustmentXxxxxx Parties taken as a whole.

Grant and Exercise of Option. Provided that (i) no Default has occurred Tenant is not in default under the Lease beyond any applicable grace, notice or cure period, and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Landlord, Tenant shall have the option three (3) options to extend the term of the Lease Term for two three (2) additional periods of five (53) years each (the "each an “Extension Term(s)"Term”). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (xi) this provision giving two three (23) extension options shall be amended to reflect the remaining options to extend, if any, and (yii) any improvement allowances allowances, termination rights or other concessions applicable to the Leased Premises under during the Lease prior term shall not apply to the Extension Extended Term, and (ziii) the Minimum Annual Rent Base Rental shall be adjusted as set forth below herein (the "“Rent Adjustment"”). Tenant shall exercise each such option by delivering to Landlord, no later than twelve one hundred eighty (12180) months days prior to the scheduled expiration of the preceding termLease, written notice of Tenant's Xxxxxx’s desire to extend the Lease Termterm of the Lease. Tenant's ’s failure to timely exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty fifteen (18015) days prior to after receipt of Tenant’s notice, of Landlord’s determination of the commencement of Minimum Annual Rent for the Leased Premises for the Extension Term, which shall be an amount equal to Landlord’s reasonable determination of market rent (taking into account free rent and other concessions). Tenant shall have five (5) business days following its receipt of Landlord’s notice to notify Landlord in writing that Tenant objects to the Landlord’s determination of the Minimum Annual Rent for the Extension Term and that Tenant elects to determine the Fair Market Value Rent (as defined and calculated below). If Xxxxxx fails to notify Landlord of such election within said 5-day period, Landlord shall send Tenant a reminder notice. Tenant shall have five (5) business days following its receipt of Landlord’s reminder notice to notify Landlord of Tenant’s election. If Xxxxxx fails to notify Landlord of such election within 5-business days following Xxxxxx’s receipt of said reminder notice, Tenant shall be deemed to have accepted the Minimum Annual Rent Adjustment if it fails set forth in Landlord’s notice to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereof. If Tenant exercises its option to extend in accordance with the terms hereof, Landlord and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Xxxx Option to Extend applies to the Additional Space Lease only. Provided that (i) no Default Tenant has occurred and is then continuing not been in default hereunder at any time during the Term of the Additional Space Lease (the "Original Additional Space Term"), (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the Leased Premises Additional Space throughout the term immediately preceding Original Additional Space Term and (iii) Tenant's use of the Extension Term (Additional Space remains the same as defined below)designated in Section XI of the Lease, Tenant shall have the one (1) option to extend the Lease Original Additional Space Term for two one (21) additional periods period of five three (53) years each (the "Additional Space Extension Term(s)Term"). Each The Additional Space Extension Term shall be upon the same terms and conditions contained in the Additional Space Lease for the Original Additional Space Term except (xi) this provision giving two (2) extension options Tenant shall be amended not have any further option to reflect the remaining options to extend, if any, extend and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (zii) the Minimum Annual Base Rent shall be adjusted as set forth below herein (the "Rent Adjustment"). Tenant shall exercise each such option by delivering to Landlord, no later than twelve (12) months prior to the expiration of the preceding termApril 1, 2000, written notice of Tenant's desire to extend the Lease Original Additional Space Term. Tenant's failure to timely properly exercise such option shall be deemed a waiver of such waive it. If Tenant properly exercises its option and any succeeding option. to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty in writing, within twenty (18020) days prior to of receipt by Landlord of Tenant's said notice, of Landlord's proposed Effective Market Base Rent Rate (as hereinafter defined) and Landlord's proposed Minimum Annual Base Rent for the commencement of the Additional Space Extension Term. Tenant The Minimum Monthly Base Rent shall be deemed an amount equal to have accepted one-twelfth (1/12) of the Minimum Annual Base Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty (30) days after receipt thereoffor the Additional Space Extension Term and shall be paid at the same time and in the same manner as provided in the Additional Space Lease. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Additional Space Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent AdjustmentTerm.

Grant and Exercise of Option. Provided that (i) no Default default has occurred and is then continuing (ii) the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of and has been continuously operating in the entire Leased Premises throughout the term immediately preceding the Extension Term (as defined below)Lease Term, Tenant shall have the one (1) option to extend the Lease Term for two one (21) additional periods period of five (5) years each (the "Extension Term(s)Term"). Each The Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options Tenant shall be amended to reflect the remaining options not have any further option to extend, if any, and (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below herein (the "Rent Adjustment"). Tenant shall exercise each such option by delivering to Landlord, no later than twelve one hundred eighty (12180) months days prior to the expiration of the preceding termcurrent Lease Term, written notice of Tenant's desire to extend the Lease Term. Tenant's failure to timely properly exercise such option shall be deemed a waiver of such option and any succeeding option. If Tenant properly exercises its option to extend, Landlord shall notify Tenant of the amount of the Rent Adjustment no later than one hundred eighty ninety (18090) days prior to the commencement of the Extension Term. Tenant shall be deemed to have accepted the Rent Adjustment if it fails to deliver to Landlord a written objection thereto within thirty five (305) business days after receipt thereof. If Tenant properly exercises its option to extend in accordance with the terms hereofextend, Landlord and Tenant shall execute an amendment to the Lease (or, at Landlord's option, a new lease on the form then in use for the Building) reflecting the terms and conditions of the Extension Term within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustment.

Grant and Exercise of Option. Provided that Landlord grants to Tenant, subject xx xxx xerms and conditions set forth in this Section 18.A, two (i2) no Default has occurred and is then continuing options (iithe "Options") the creditworthiness of Tenant is then reasonably acceptable to Landlord and (iii) Tenant originally named herein or a Permitted Transferee remains in possession of the Leased Premises throughout the term immediately preceding the Extension Term (as defined below), Tenant shall have the option to extend the Lease Term for two (2) an additional periods of five (5) years each term (the "Extension Term(s)Option Term"). Each Extension Option Term shall be upon the same terms for a period of sixty (60) months and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extendexercised, if anyat all, and by written notice to Landlord no earlier than fifteen (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and (z) the Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each option by delivering to Landlord, no later than twelve (1215) months prior to the expiration of the preceding term, written notice of Tenant's desire to extend date the Lease Term. Tenant's failure to timely Term would expire but for such exercise such option shall be deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the amount of the Rent Adjustment but no later than one hundred eighty nine (1809) days months prior to the date the Lease Term would expire but for such exercise, time being of the essence for the giving of such notice. If Tenant exercises the Option, all of the terms, covenants and conditions of this Lease except for the grant of additional Options pursuant to this Section, provided that Base Monthly Rent for the Premises payable by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Extension Option Term, and (ii) ninety five percent (95%) of the Fair Market Rental as hereinafter defined. Notwithstanding anything herein to the contrary, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease (beyond applicable notice and cure periods) either at the time Tenant exercises the Option or at any time thereafter prior to the commencement date of the Option Term, then Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the Lease Term shall not be extended pursuant to this Section 18.A. As used herein, the term "Fair Market Rental" is defined as the rental and all other monetary payments, including any escalations and adjustments thereto (including without limitation Consumer Price Indexing) that Landlord could obtain during the Option Term from a third party desiring to lease the Premises, based upon the current use and other potential uses of the Premises, as determined by the rents then being obtained for new leases of space comparable in age and quality to the Premises in the same real estate submarket as the Building. The appraisers shall be deemed instructed that the foregoing five percent (5%) discount is intended to have accepted offset comparable rents that include the Rent Adjustment if it fails to deliver to following costs which Landlord a written objection thereto within thirty (30) days after receipt thereof. If will not incur in the event Tenant exercises its option to extend in accordance with the terms hereof(i) brokerage commissions, Landlord (ii) tenant improvement allowances, (iii) building improvement costs, and Tenant shall execute an amendment to the Lease reflecting the terms and conditions of the Extension Term within thirty (30iv) days after Tenant's acceptance (or deemed acceptance) of the Rent Adjustmentvacancy costs.