Option to Expand. On or before expiration of the sixth (6th) month of the term, Tenant shall be required to lease the remainder 3,942 square feet of Rentable Space on the third (3rd) floor, at the same rental rate then being paid for the initial Premises. In addition, Tenant will have the right to expand during the first 6 months by leasing the approximately 15,165 square feet of Rental Space on the fourth (4th) floor (the “4th Floor Space”) as identified on Exhibit “B-1” attached to this Lease and incorporated herein by reference at the same rental rate then being paid in the initial Premises; provided, however, Landlord will continue to keep the 4th Floor Space available for lease to Tenant for one additional period of three (3) months (a total of nine months following the commencement date), but if Tenant elects to lease the 4th Floor Space between the expiration of the sixth (6) month and commencement of the ninth (9th) month following commencement of the Lease, the rental rate shall be increased by twenty-five cents (.25¢) per square foot, and Tenant improvements dollars will decline on a pro rata basis based on the remaining length of the term. If the Tenant does not elect to lease the fourth (4th) floor space during the initial nine (9) months following commencement of the Lease, Tenant shall have the right of first refusal to lease the 4th Floor Space in the event that Landlord receives an offer to lease the space, and any such right of first refusal shall be on the exact terms received and approved by Landlord from a third party offering to lease the 4th Floor Space. Tenant shall have the option to lease at then current market rental rates any additional space which is available in 5,000 rsf increments consisting of the area which is available on the second (2nd) and fifth (5th) floors designated and referred to as the “Expansion Space”, at any time during the lease term (the “Effective Date”) and ending on the expiration of the Lease Term (unless sooner terminated pursuant to the terms of this Lease, and subject to any rights of extension contained in this Lease) by delivering written notice to Landlord, provided that at the time of such notice and on the Effective Date, no event of default, as defined in Paragraph 25 of this Lease, shall have occurred and remain uncured beyond any applicable cure period. Once Tenant shall exercise an expansion option, Tenant may not thereafter revoke such exercise. Tenant’s failure to timely exercise an expansion option for any r...
Option to Expand. Upon providing written notice to the Landlord no later than May 31, 2011, the Tenant shall have the option to lease the entire 3rd floor of the building on the same terms and conditions as the Leased Premises, subject to para 13. The third (3rd) floor of the Building shall be leased to the Tenant on an “as-is, where-is” basis and the Landlord will not be required to complete the Landlord’s Work attached hereto as Schedule “B”.”
Option to Expand. Party A hereby grants to Party B the exclusive right to construct and operate independent mining operations and floatation circuits ("Expansion") using Party A's existing plant or other site, as may be required from time to time, to secure or increase production of raw materials to be supplied to the JVC. Such Expansion may take the form of joint venture between Party A and Party B or an operation wholly owned and operated by Party B. Where such Expansion takes the form of a joint venture, the terms and conditions of this Contract shall apply where applicable.
Option to Expand. Tenant shall have the right, by written notice to Landlord on or before March 1, 1999, time being of the essence, to lease approximately 8,000 rentable square feet of space on the second floor of the Building, shown as the Expansion Space on Exhibit B-1 attached to this Lease, for occupancy on or about September 1, 1999 (the "Delivery Date"). If Tenant timely exercises its right to lease the Expansion Space, such Expansion Space shall be incorporated into the Premises on the terms and conditions set forth in this Lease, except that (i) the Annual Fixed Rent shall be equal to the Fair Market Rent determined in accordance with Article XII (plus Tenant's Electricity Rate) and (ii) the Expansion Space shall be delivered to Tenant on or before the Delivery Date in an "As-Is" condition, free of all occupants and in broom clean condition and free of all personal property not owned by Tenant. Landlord shall not be liable to Tenant for failing to deliver the Expansion Space on or before the Delivery Date as a result of the existing tenant's failure to vacate or vacate timely, provided Landlord shall use its best efforts to vacate such tenant upon the exercise of Tenant's expansion right as set forth herein, which best efforts shall include prosecuting legal actions to evict, if necessary. Upon the request of either party, Landlord and Tenant shall execute and deliver an amendment of lease for the purpose of incorporating the Expansion Space into the Premises on the terms and conditions set forth in this Lease.
Option to Expand. Lessee may request Lessor to expand the demised Premises into additional spaces/buildings/land. Lessor may, at its sole discretion, agree to allow Lessee to expand into such additional spaces/buildings/land. If Lessor agrees to allow Lessee to expand, Lessor shall provide to Lessee, in writing, a description of the proposed additional spaces/buildings/land and the rental rates and other fees to be paid by Lessee for such additional spaces/buildings/land. If Lessee accepts the description and the rates/fees, the demised Premises under this Lease shall be expanded to include such additional spaces/buildings/land as agreed. The terms and conditions of this Lease shall also apply to the additional spaces/buildings/land.
Option to Expand. Provided no event of default exists and is continuing at the time of giving notice of Lessee's exercise of its option, Lessor grants to Lessee, on July 3, 2000, an option to expand the leased Premises to include the 2,533 square foot portion of Building 56 presently occupied by Lessor's calibration laboratory as identified on Exhibit "C". Lessee shall give Lessor ninety (90) days written notice of its intent to exercise this option. The cost of reconfiguring said portion of Building 56 to suit Lessee's needs shall be at Lessee's sole expense. If Lessee does not exercise this option on July 3, 2000, the next time it may be exercised is on July 3, 2001 and every subsequent anniversary thereof, if not already exercised, until the termination date of this Lease as specified in Section 2 herein. Upon the exercise of this option, the monthly base rent shall be increased to reflect the total rentable square footage of Building 56 to be occupied by Lessee, which is 7,708 square feet (95%). The 400 square-foot Communications Equipment Room shown on Exhibit "C" is excluded from this Option, as set forth in Section 15 herein. Lessor's employees, agents, and contractors shall be allowed unrestricted access to and use of the hallway running east-west through Building 56 for purposes of traversing the Complex.
Option to Expand. Tenant shall have the right, to be exercised as hereinafter provided, to expand the Premises ("Expansion Option") into space to be constructed on the Land adjacent to the Premises, which land is more particularly described on Exhibit "A-1" attached hereto and incorporated herein ("Expansion Land") together with certain improvements to be constructed thereon, including an approximately ninety-five thousand (95,000) square foot addition to the Building, depicted as the Expansion Space on Exhibit "A-2" ("Expansion Space"), upon the following terms and conditions and subject to the limitations set forth below.
Option to Expand. See addendum.
Option to Expand. During the period from the Sublease Start Date through the eighteenth (18th) month following the Sublease Start Date (the “Expansion Option Period”), Subtenant shall have an option to expand (the “Expansion Option”) into the remainder of Sublandlord’s Premises which consists of approximately 12,314 square feet located on a portion of the second (2nd) floor of the Cascade Building and approximately 17,062 square feet located on a portion of the second (2nd) floor of the Xxxx Building (collectively, the “Expansion Space”), provided that on the date Subtenant exercises its Expansion Option, Subtenant itself (and not an assignee or sub-subtenant) occupies the entire Subleased Premises and provided further, that no Event of Default has occurred and is continuing. Subtenant shall exercise its Expansion Option upon six (6) months prior written notice to Sublandlord and according to the terms set forth herein. If Subtenant exercises its Expansion Option, the Term of this Sublease shall be extended so that the Sublease Expiration Date will become May 31, 2008 and the parties agree to enter into an amendment to this Sublease, which amendment shall provide for the Expansion Space to be incorporated into the Subleased Premises. Tenant’s Proportionate Share shall be modified to reflect the inclusion of the Expansion space and the Base Rent shall be modified as set forth in Sections 3b and 3c.
Option to Expand. Section 43.1 has been and is hereby amended to delete Section 43.1 in its entirety and place in lieu thereof the following new Section 43.1:
43.1 Lessee has the option to lease and expand the "Premises" under this Lease (the "Expansion Option") to include within its definition up to all of the fourth (4th) floor (as may be leased by Lessee, called the "Expansion Space"), and all of the terms and conditions of this Lease shall apply with full force and effect to the expanded Premises after such expansion except as provided for in this Section 43. To exercise the Expansion Option, Lessee shall deliver written notice to Lessor on or before the Commencement Date which notice shall specify the space to be a part of the expansion. After such exercise and no later than ninety (90) days after the Commencement Date, Lessee shall deliver to Lessor approved plans for the construction of improvements to the Expansion Space (the "Expansion Space Plans"), which Expansion Space Plans shall be of the same or better quality and detail as the Premises Plans. The Lessor's approval of the Expansion Plans shall not be unreasonably withheld, conditioned or delayed. The commencement date for the Expansion Space (the "Expansion Space Commencement Date") shall be the later of (i) the date that is six (6) months after the Commencement Date, or (ii) if Lessee has timely delivered the approved Expansion Space Plans, ten (10) days after substantial completion of the tenant improvements in the Expansion Space, with Lessee's obligation to pay Annual Base Rental, Base Rent, Annual Step Rental, Amounts Due, and Proportionate Share of Common Operating Expenses for such Expansion Space beginning on such Expansion Space Commencement Date, with Annual Base Rental, Base Rent, Annual Step Rental, Amounts Due, and Proportionate Share of Common Operating Expenses paid to Lessor at the rates provided for in the Lease. For the avoidance of doubt, if Lessee fails to deliver timely the approved Expansion Space Plans, the Expansion Space Commencement Date will occur no later than the date that is six (6) months after the Commencement Date, even if the Expansion Space is not ready for occupancy on that date. If Lessee elects to lease less than the entire fourth (4th) floor, then Lessor shall have the right to approve the location of the space that Lessee shall lease pursuant to this Section 43 on the fourth (4th) floor. Lessor's approval right shall not be unreasonably withheld, conditioned or delayed....
