Common use of Initial Procedure for Determining Prevailing Market Clause in Contracts

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Term. Tenant, within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day period, Tenant shall be deemed to have provided a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 3 contracts

Samples: Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc), Office Lease Agreement (Imprivata Inc)

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Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "Arbitration Notice") within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 3 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc), Office Lease Agreement (Jamdat Mobile Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "Arbitration Notice") within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 3 contracts

Samples: Office Lease Agreement (Lecg Corp), Office Lease Agreement (Autonomy Corp PLC), Office Lease Agreement (Ziprealty Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day period, Tenant shall be deemed to have provided a Rejection Binding Notice. If Tenant provides or is deemed to have provided Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 2 contracts

Samples: Office Lease Agreement (Stealth BioTherapeutics Corp), Office Lease Agreement (Karyopharm Therapeutics Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no force and effect.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Exponential Interactive, Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within Within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, Tenant shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise agreement with Landlord’s determination of its Extension Optionthe Prevailing Market rate for the Renewal Term, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day fifteen (15) day period, Tenant shall will be deemed to have provided delivered a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides (or is deemed to have provided) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the a Rejection Notice (or is deemed to have provided a Rejection Noticethe “Negotiation Period”), then the Prevailing Market rate shall will be determined in accordance with the arbitration procedures described in Section D below.

Appears in 2 contracts

Samples: Office Lease Agreement (ForgeRock, Inc.), Office Lease Agreement (ForgeRock, Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 30 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 30 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below{QuinStreet, Inc. -6-00004264.] May 30, 2003 Matter ID Number: 7329

Appears in 2 contracts

Samples: Office Lease Agreement (Quinstreet, Inc), Office Lease Agreement (Quinstreet, Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant in writing (“Landlord’s Notice”) of Landlord’s good faith estimate of the applicable Base Rent rate for the Premises for the Fourth Extended subject Renewal Term. Tenant, within fifteen thirty (1530) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension OptionRenewal Option based on the terms set forth in Landlord’s Notice, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day twenty (20) day period, Tenant shall be deemed to have provided delivered a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides (or is deemed to have provided) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed Notice, Tenant, by written notice to have provided a Rejection Notice), then Landlord may either require that the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D belowsubparagraph (d) below (the “Arbitration Notice”), or rescind the Initial Renewal Notice (“Rescission Notice”) within ten (10) days after the expiration of such thirty (30) day period. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the thirty (30) day period described and Tenant fails to timely exercise its right to arbitrate or its right to rescind the Initial Renewal Notice, Tenant shall be deemed to have provided Landlord with an Arbitration Notice.

Appears in 2 contracts

Samples: Lease, Lease (Autodesk Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 2 contracts

Samples: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.), Office Lease Agreement (Open Text Corp)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after After receipt of a Renewal Notice from Tenant’s Initial Extension Notice, Landlord shall advise Tenant in writing of Landlord’s determination of the applicable Base Rent Prevailing Market rate for the Premises for the Fourth Extended applicable Renewal Term. Tenant, within Within fifteen (15) days after the date on which Landlord advises delivers such notice, Tenant of the applicable Base Rent rate for the Fourth Extended Term, shall either (i) give Landlord final binding written notice of Tenant’s exercise of the applicable Renewal Option (“Binding Notice”) of Tenantupon the terms set forth in Landlord’s exercise of its Extension Optionnotice, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or a Rejection Notice within such fifteen-(15)-day fifteen (15) day period, Tenant shall be deemed to have provided delivered a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension a Renewal Amendment (as defined below) upon the terms and conditions set forth hereinin Landlord’s notice to Tenant. If Tenant provides (or is deemed to have provided) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during for the Fourth Extended applicable Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension a Renewal Amendment (defined below) in accordance with the terms and conditions hereofagreed upon. Notwithstanding the foregoingHowever, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the a Rejection Notice (or is deemed to have provided a Rejection Noticethe “Negotiation Period”), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 2 contracts

Samples: Lease (Zendesk, Inc.), Lease (Zendesk, Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day period, Tenant shall be deemed to have provided a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides or is deemed to have provided Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 2 contracts

Samples: Office Lease Agreement (Oxford Immunotec Global PLC), Office Lease Agreement (Oxford Immunotec Global PLC)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (15) 10 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 10 day period, Tenant Tenant’s Extension Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if If Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 2 contracts

Samples: Lease (Wave2Wave Communications, Inc.), Lease (Wave2Wave Communications, Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, . Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant falls to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Medicinova Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Second Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Second Renewal Term, shall either (i) give Landlord final binding written notice (for purposes of this Second Renewal Option, “Binding Notice”) of Tenant’s exercise of its Extension Second Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the for purposes of this Second Renewal Option, “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Second Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Second Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Second Renewal Term. Upon agreement, Tenant shall provide Landlord with Binding Notice and Landlord and Tenant shall enter into the Extension Second Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date on which Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then Tenant, by written notice to Landlord (for purposes of this Second Renewal Option, “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Second Renewal Option shall be null and void and of no force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's First Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended First Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended First Renewal Term, shall either (i) give Landlord final binding written notice ("First Binding Notice") of Tenant’s 's exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a First Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's First Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a First Binding Notice, Landlord and Tenant shall enter into the Extension First Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended First Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension First Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "First Arbitration Notice") within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's First Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Northern Empire Bancshares)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30-day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within such 30-day period and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Coinstar Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (( 15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day period, Tenant shall be deemed to have provided a Rejection Binding Notice. If Tenant provides or is deemed to have provided Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Office Lease Agreement (Clementia Pharmaceuticals Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "Arbitration Notice") within 10 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Lease Agreement (Aerogen Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended First Renewal Term. Tenant, within fifteen (15) 30 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended First Renewal Term, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension First Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 30 day period, Tenant shall be deemed to have provided a Rejection NoticeNotice within such 30 day period. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice (or is deemed to have provided a Rejection Notice) (or is deemed to have provided a Rejection Notice), Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended First Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a provided) Landlord with the Rejection Notice), then either party may, by written notice to the other (the "Arbitration Notice") within 5 days after the expiration of such 30 day period, shall have the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described, an Arbitration Notice will be deemed delivered on such 30th day and the Prevailing Market rate will be determined in accordance with Section VI. D below.

Appears in 1 contract

Samples: Office Lease Agreement (Expedia Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date on which Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D 1.04 below.

Appears in 1 contract

Samples: Office Lease Agreement (Informatica Corp)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended First Renewal Term including any increases during the First Renewal Term, and the amount of the Renewal Allowance ("First Renewal Provisions"). Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended TermFirst Renewal Provisions, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension First Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's First Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended First Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "Arbitration Notice") within 10 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D 3.D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's First Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Umpqua Holdings Corp)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after After receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Renewal Premises for the Fourth Extended Renewal Term. Tenant, within Within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, Tenant shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise agreement with Landlord’s determination of its Extension Optionthe Prevailing Market rate for the Renewal Term, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day fifteen (15) day period, Tenant shall will be deemed to have provided delivered a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides (or is deemed to provide) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Renewal Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the a Rejection Notice (or is deemed to have provided a Rejection Noticethe “Negotiation Period”), then the Prevailing Market rate shall will be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Office Lease Agreement (RPX Corp)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended TermRenewal Term as well as any other provisions relevant to the renewal (e.g., improvement allowances, rent concessions, etc.) (collectively, the “Renewal Terms”). Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate Renewal Terms for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.conditions

Appears in 1 contract

Samples: Office Lease Agreement (Magma Design Automation Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial 's Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. The renewal rate shall increase in accordance with the Greater Boston CPI rate over the last year of the Term. Tenant, within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15-day period, Tenant Tenant's Extension Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect and the Lease shall terminate on the Termination Date. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if If Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then Tenant may elect, in its sole discretion, by providing Landlord with written notice thereof no later than 2 Business Days after the expiration of such 30 day period, to (i) rescind its Extension Notice or (ii) have the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Tenant fails to provide such written notice within such two (2) Business Day period described in the immediately preceding sentence, Tenant shall be deemed to have rescinded its Extension Notice and the Lease shall terminate on the Termination Date.

Appears in 1 contract

Samples: Office Lease Agreement (Echo Therapeutics, Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Second Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Second Renewal Term. Tenant, within fifteen (15) 30 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Second Renewal Term, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension Second Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 30 day period, Tenant shall be deemed to have provided a the Rejection NoticeNotice within such 30 day period. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice (or is deemed to have provided a Rejection Notice), Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Second Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a provided) Landlord with the Rejection Notice), then either party may, by written notice to the other (the "Arbitration Notice") within 5 days after the expiration of such 30 day period, shall have the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D VII.D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described, an Arbitration Notice will be deemed delivered on such 30th day and the Prevailing Market rate will be determined in accordance with Section VII.D. below.

Appears in 1 contract

Samples: Office Lease Agreement (Expedia Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”"BINDING NOTICE") of Tenant’s 's exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the “Rejection Notice”"REJECTION NOTICE"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "ARBITRATION NOTICE") within 5 Business Days after the expiration of such 30-day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within such 30-day period and Tenant fails to timely exercise its right to arbitrate, Tenant's Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Bsquare Corp /Wa)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of Landlord’s good faith estimate of the applicable Base Rent Prevailing Market rate for the Premises for the Fourth Extended applicable Extension Term. Tenant, within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent Prevailing Market rate for the Fourth Extended applicable Extension Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day period, Tenant shall be deemed to have provided a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides or is deemed to have provided Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended such Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Office Lease Agreement (Zipcar Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant in writing (the “Rent Notice”) of Landlord’s determination of the applicable Base Renewal Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 30 days after the date on which Landlord advises Tenant of Landlord’s determination of the applicable Base Renewal Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (the “Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if give Landlord notice that Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection is not exercising the Renewal Option (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 30 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord’s determination of the Renewal Rent as set forth in the Rent Notice shall be conclusive and binding, and Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein, unless upon and concurrent with such exercise, Tenant objects to the Renewal Rent contained in Landlord’s Rent Notice, in which case the parties shall follow the procedure, and the Renewal Rent shall be determined, as set forth below. If Tenant provides Landlord with a Rejection Binding Notice, but Tenant objects to Landlord’s determination of the Renewal Rent, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementagreement (or, if applicable, following the determination of the Renewal Rent in accordance with Section X.E of this Exhibit F), Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Binding Notice (or is deemed to have provided a Rejection Noticethe “Outside Agreement Date”), then the parties shall each make a separate determination of the Prevailing Market rate and shall submit the same to the arbitrators pursuant to the terms of Section X.E of this Exhibit F. The submittals shall be determined made concurrently with the selection of the arbitrators pursuant to Section X.E of this Exhibit F and shall be submitted to arbitration in accordance with Sections X.E.1 through X.E.7 of this Exhibit F, but subject to the arbitration procedures described in terms, when appropriate, of Section D below.X.G of this Exhibit F.

Appears in 1 contract

Samples: Office Lease Agreement (Boingo Wireless Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended TermExtension Term (“Prevailing Market rate”). Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice that Tenant accepts Landlord’s Base Rent for the Extension Term (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15-day period, Tenant shall be deemed to have provided a Rejection Binding Notice. If Tenant provides or is deemed to have provided Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth hereinherein and in Landlord’s notice as to Base Rent for the Extension Term. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if If Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Lease Agreement (Medicines Co /De)

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Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended First Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended First Renewal Term, shall either (i) give Landlord final binding written notice (for purposes of this First Renewal Option, “Binding Notice”) of Tenant’s exercise of its Extension First Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the for purposes of this First Renewal Option, “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s First Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension First Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended First Renewal Term. Upon agreement, Tenant shall provide Landlord with Binding Notice and Landlord and Tenant shall enter into the Extension First Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date on which Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then Tenant, by written notice to Landlord (for purposes of this First Renewal Option, “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s First Renewal Option shall be null and void and of no force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Drugstore Com Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice that Tenant accepts Landlord’s Base Rent for the Extension Term ("Binding Notice") of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15-day period, Tenant shall be deemed to have provided a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth hereinherein and in Landlord’s notice as to Base Rent for the Extension Term. If Tenant provides or is deemed to have provided Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if If Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Office Lease Agreement (Ambient Corp /Ny)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant shall be deemed to have provided a delivered Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides (or is deemed to have provided) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding If, within 30 days after delivery of a Tenant’s Rejection Notice, the foregoing, if Landlord and Tenant parties fail to agree in writing upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice)rate, then the Prevailing Market rate shall be determined in accordance with the arbitration procedures procedure described in Section D 8.4 below.

Appears in 1 contract

Samples: Lease Agreement (Netsuite Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) days 20 Business Days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 Business Day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 Business Days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D (d) below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Virgin America Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant in writing of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Tenant receives notice from Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Cardica Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen Within thirty (1530) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, Tenant shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise agreement with Landlord’s determination of its Extension Optionthe Prevailing Market rate for the Renewal Term, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day thirty (30) day period, Tenant shall will be deemed to have provided delivered a Rejection Notice. If Tenant provides (or is deemed to have provided) Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides (or is deemed to have provided) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided provided) Landlord with a Rejection NoticeNotice (the “Negotiation Period”), then the Prevailing Market rate shall will be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Office Lease Agreement (Velti PLC)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant shall be deemed to have provided a delivered Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides (or is deemed to have provided) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect. In addition, notwithstanding anything in the foregoing to the contrary, if Landlord and Tenant are unable to agree on the Prevailing Market rate for the applicable premises under any existing ROFO Lease within the 30 day period corresponding with the 30 day period described above, and Tenant fails to timely exercise its corresponding right to arbitrate with respect to any such premises pursuant to a ROFO Lease, then Tenant’s exercise of its Renewal Option hereunder shall also be deemed null and void.

Appears in 1 contract

Samples: Lease Agreement (Netsuite Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after After receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within Within fifteen (15) business days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, Tenant shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise agreement with Landlord’s determination of its Extension Optionthe Prevailing Market rate for the Renewal Term, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day fifteen (15) business day period, Tenant shall will be deemed to have provided delivered a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides (or is deemed to provide) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the a Rejection Notice (or is deemed to have provided a Rejection Noticethe “Negotiation Period”), then the Prevailing Market rate shall will be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Lease (RPX Corp)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or the “Arbitration Notice”) at any time after the expiration of such 30 day period but before the date that is deemed 6 months prior to the expiration of the initial Term, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Audiocodes LTD)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension Notice, Landlord Expansion Exercise Notice shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Term. Tenant, within fifteen (15) days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Term, shall include either (i) give Landlord final binding written notice (“Binding Notice”) to Landlord of Tenant’s exercise acceptance of its Extension Optionthe Base Rent and Expansion Allowance for the Expansion Space (the “Notice of Acceptance of Terms”), or (ii) if Tenant disagrees written notice to Landlord of Tenant’s disagreement with Landlord’s determination, provide Landlord with written notice of rejection determination (the “Rejection NoticeNotice of Disagreement on Terms”). If Tenant fails to provide Landlord with either a Binding Notice of Acceptance of Terms or Rejection a Notice within such fifteen-(15)-day periodof Disagreement on Terms with Tenant’s Expansion Exercise Notice, Tenant shall be deemed to have provided given a Rejection NoticeNotice of Acceptance of Terms. If Tenant provides Landlord with a Binding NoticeNotice of Acceptance of Terms (or is deemed to have so provided), Landlord and Tenant shall enter into the Extension Expansion Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection NoticeNotice of Disagreement on Terms, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate and Expansion Allowance for the Premises during Expansion Space, whereupon when Landlord and Tenant have agreed upon the Fourth Extended Term. Upon agreementPrevailing Market rate and Expansion Allowance for the Expansion Space, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Expansion Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Expansion Space within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice of Disagreement on Terms, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within ten (10) Business Days after the expiration of such thirty (30) day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be and Expansion Allowance determined in accordance with the arbitration procedures described in Section D 29.05 below.

Appears in 1 contract

Samples: Office Lease Agreement (Investment Technology Group Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Second Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Second Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Second Renewal Term, shall either (i) give Landlord final binding written notice ("Second Binding Notice") of Tenant’s 's exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Second Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's Second Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Second Binding Notice, Landlord and Tenant shall enter into the Extension Second Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Second Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Second Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "Second Arbitration Notice") within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's Second Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Northern Empire Bancshares)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Second Renewal Term including any increases during the Second Renewal Term, and the amount of the Renewal Allowance ("Second Renewal Provisions"). Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended TermSecond Renewal Provisions, shall either (i) give Landlord final binding written notice ("Binding Notice") of Tenant’s 's exercise of its Extension Second Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the "Rejection Notice"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's Second Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Second Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "Arbitration Notice") within 10 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D 4.D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's Second Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Umpqua Holdings Corp)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s 's Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”"BINDING NOTICE") of Tenant’s 's exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s 's determination, provide Landlord with written notice of rejection (the “Rejection Notice”"REJECTION NOTICE"). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant's Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the "ARBITRATION NOTICE") within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D 3.04 below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant's Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Evergreenbancorp Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after After receipt of an Expansion Renewal Notice from Tenant’s Initial Extension Notice, Landlord shall advise Tenant in writing of Landlord’s determination of the applicable Base Rent Prevailing Market rate for the Added Premises for the Fourth Extended Expansion Renewal Term;. Tenant, within Within fifteen (15) days after the date on which Landlord advises delivers such notice, Tenant of the applicable Base Rent rate for the Fourth Extended Term, shall either (i) give Landlord final binding written notice of Tenant’s exercise of the Expansion Renewal Option (“Binding Notice”) of Tenantupon the terms set forth in Landlord’s exercise of its Extension Optionnotice, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or a Rejection Notice within such fifteen-(15)-day fifteen (15) day period, Tenant shall be deemed to have provided delivered a Rejection Notice. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension an Expansion Renewal Amendment (as defined below) upon the terms and conditions set forth hereinin Landlord’s notice to Tenant. If Tenant provides (or is deemed to have provided) Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Added Premises during for the Fourth Extended Expansion Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Extension an Expansion Renewal Amendment in accordance with the terms and conditions hereofagreed upon. Notwithstanding the foregoingHowever, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided provide) Landlord with a Rejection NoticeNotice (the “Negotiation Period”), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Lease (Zendesk, Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (15) days 15 Business Days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 Business Days period, Tenant Tenant’s Extension Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth hereinherein within 15 Business Days thereafter. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 Business Days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 30 day period described above and Tenant fails to timely exercise its right to arbitrate, Tenant’s Extension Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Centrexion Therapeutics Corp)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Notice, Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Extension Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) 30 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Extension Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Pro Pharmaceuticals Inc)

Initial Procedure for Determining Prevailing Market. Within thirty (30) days after receipt of Tenant’s Initial Extension NoticeNotice (but no sooner than twelve (12) months prior to the expiration of the Term), Landlord shall advise Tenant of the applicable Base Rent rate for the Premises for the Fourth Extended Extension Term. Tenant, within fifteen (15) business days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Extension Term, shall either (i) give Landlord final binding written notice that Tenant accepts Landlord’s Base Rent for the Extension Term (“Binding Notice”) of Tenant’s exercise of its Extension Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day fifteen-(15)-business day period, Tenant shall be deemed to have provided a Rejection Notice. If Tenant provides or is deemed to have provided Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Amendment (as defined below) upon the terms and conditions set forth hereinherein and in Landlord’s notice as to Base Rent for the Extension Term. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Extension Term. Upon agreement, Landlord and Tenant shall enter into the Extension Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within thirty (30) days after the date Tenant provides Landlord with the Rejection Notice (or is deemed to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below.

Appears in 1 contract

Samples: Lease (Akebia Therapeutics, Inc.)

Initial Procedure for Determining Prevailing Market. Within thirty (30) 30 days after receipt of Tenant’s Initial Extension Renewal Notice, Landlord shall advise Tenant of the applicable Base Rent rate and Base Year for the Premises for the Fourth Extended Renewal Term. Tenant, within fifteen (15) 15 days after the date on which Landlord advises Tenant of the applicable Base Rent rate for the Fourth Extended Renewal Term, shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Extension Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such fifteen-(15)-day 15 day period, Tenant Tenant’s Renewal Option shall be deemed to have provided a Rejection Noticenull and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Extension Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Fourth Extended Renewal Term. Upon agreementWhen Landlord and Tenant have agreed upon the Prevailing Market rate for the Premises, such agreement shall be reflected in a written agreement between Landlord and Tenant, whether in a letter or otherwise, and Landlord and Tenant shall enter into the Extension Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail are unable to agree upon the Prevailing Market rate for the Premises within thirty (30) 45 days after the date Tenant provides Landlord with the Rejection Notice Notice, Tenant, by written notice to Landlord (or is deemed the “Arbitration Notice”) within 10 Business Days after the expiration of such 45 day period, shall have the right to have provided a Rejection Notice), then the Prevailing Market rate shall be determined in accordance with the arbitration procedures described in Section D below. If Landlord and Tenant are unable to agree upon the Prevailing Market rate for the Premises within the 45 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.

Appears in 1 contract

Samples: Office Lease Agreement (Salesforce Com Inc)

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