Common use of Option to Extend and Rent During the Extended Period Clause in Contracts

Option to Extend and Rent During the Extended Period. Provided that Tenant (i) has not elected to terminate a portion of the Leased Premises under a Partial Surrender as provided above, (ii) is not in default of any term or provision of this Lease, or (iii) has not assigned the Lease or sublet any space or agreed to do so in the future, Tenant shall have two (2) options to extend the term of this Lease for a period of two (2) years each (the first such period shall be referred to as the "First Extension Period" and the second such period as the "Second Extension Period" and any such extension period may be referred to as an "Extension Period") by giving written notice of exercise of such option ("Extension Option Notice") at least one hundred twenty (120) days, but not more than three hundred sixty-five (365) days, prior to the expiration of the applicable term. The First Extension Period shall commence, if at all, immediately following the expiration of the initial term of the Lease, and the Second Extension Period shall commence, if at all, immediately following the expiration of the First Extension Period. If Tenant has defaulted or failed to perform any obligation under this Lease five (5) or more times (after notice and the expiration of the applicable cure period) during the term (including any applicable Extension Period), or if Tenant is in default (after notice and the expiration of the applicable cure period) under any term or provision of this Lease on the date of giving an Extension Option Notice, or if Tenant is in default (after notice and the expiration of the applicable cure period) under any term or provision of this Lease on the date of the applicable Extension Period is to commence, the extended term at the option of Landlord shall not commence and this Lease shall expire at the end of term. Each Extension Period shall be upon all of the terms and provisions of this Lease, except that the minimum monthly rent during such Extension Periods shall be one hundred percent (100%) of then Fair Market Rent.

Appears in 1 contract

Samples: Office Lease Addendum (Software Publishing Corp)

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Option to Extend and Rent During the Extended Period. Provided that Tenant (i) has not elected to terminate a portion of the Leased Premises under a Partial Surrender as provided above, (ii) is not in default of any term or provision of this Lease, or (iii) has not assigned the Lease or sublet any space or agreed to do so in the future, Tenant shall have two (2) options to extend (the term of this "Extension Option") the Lease Term for a period of two five (25) years each (the first such each 5 year period shall be referred to as the "First Extension Period" and the second such period as the "Second Extension Period" and any such extension period may be referred to as an "Extension Period") by giving written notice of exercise of such option ("Extension Option Notice") at least one two hundred twenty seventy (120270) days, but not more than three hundred sixty-five (365) days, prior to the expiration of the applicable initial Lease Term or the extension term, as the case may be. The First Extension Period shall commence, if at all, immediately following the expiration of the initial term of Lease Term or extension term, as the Lease, and the Second Extension Period shall commence, if at all, immediately following the expiration of the First Extension Periodcase may be. If Tenant has defaulted or failed to perform is in default in the payment of any obligation under this Lease five (5) or more times rent (after notice and the expiration of the applicable cure period) during the term (including any applicable Extension Period), or if Tenant is in default (after notice and the expiration expirations of the applicable cure period) under any term or provision of this Lease on the date of giving an Extension Option Notice, or if Tenant is in default in the payment of any rent (after notice and the expiration of the applicable cure period) under any term or provision of this Lease on the date of the applicable Extension Period is to commence, the extended term Extension Period at the option of Landlord shall not commence and this the Lease Term shall expire at the end of initial Term or extension term, as the case may be. Each Extension Period shall be upon all of the terms and provisions of this Lease, except that (i) the minimum monthly rent Base Monthly Rent during such Extension Periods Period shall be one hundred percent (100%) of then Fair Market Rent, (ii) Tenant shall not have any right or option to extend the Lease Term beyond the two (2) Extension Periods, (iii) any work, allowances, free or reduced rent or concession provided, granted or available to Tenant at or in connection with the commencement of the initial Lease Term will not apply. The foregoing option to extend is personal to the original Tenant signing this Lease, but not be assigned or transferred by any assignee, sublessee or transferee under a Transfer (except a Permitted Transfer).

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

Option to Extend and Rent During the Extended Period. Provided that Tenant (i) has not elected to terminate a portion of the Leased Premises under a Partial Surrender as provided above, (ii) is not in default of any term or provision of this Lease, or (iii) has not assigned the Lease or sublet any space or agreed to do so in the future, Tenant shall have two (2) options to extend the term Term of this the Lease for a period successive periods of two five (25) years each (each an “Extension Period” and the first such period shall be referred to as the "First Extension Period" and ” and, if applicable, the second such period as the "Second Extension Period" and any such extension period may shall be referred to as an "the “Second Extension Period") by giving written notice of exercise of such option ("Extension Option Notice") at least one hundred twenty twelve (12012) days, but not more than three hundred sixty-five fifteen (36515) days, months prior to the expiration of the then-current Term. Tenant may request in its Extension Option Notice, for Landlord to advise Tenant of whether Landlord intends to discontinue or maintain the Common Area Amenities during the applicable termExtension Period. The First Each Extension Period shall commence, if at all, immediately following the expiration of the initial term of the Lease, and the Second Extension Period shall commence, if at all, immediately following the expiration of the First Extension Periodthen-current. If Tenant has defaulted or failed to perform any obligation under this Lease five (5) or more times (is in default, after notice and the expiration of the applicable cure period) during the term (including any applicable Extension Period), or if Tenant is in default (after notice and the expiration of the applicable cure period) under any term or provision of this the Lease on the date of giving an Extension Option Notice, or if Tenant is in default (default, after notice and the expiration of the applicable cure period) , under any term or provision of this the Lease on the date of the applicable Extension Period is to commence, the extended term Extension Period at the option of Landlord shall not commence and this the Lease shall expire at the end of terminitial Term. Each Extension Period shall be upon all of the terms and provisions of this the Lease, except that (i) the minimum monthly rent Base Monthly Rent during such Extension Periods Period shall be one hundred percent (100%) of then Fair Market Rent, (ii) any work, allowance, free rent, or concession provided by Landlord in connection with the commencement of the initial Term shall not apply; (iii) Tenant shall not have any additional option to extend after the Second Extension Period.

Appears in 1 contract

Samples: Lease Agreement (IDEAYA Biosciences, Inc.)

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Option to Extend and Rent During the Extended Period. Provided that Tenant (i) has not elected to terminate a portion of the Leased Premises under a Partial Surrender as provided above, (ii) is not in default of any term or provision of this Lease, or (iii) has not assigned the Lease or sublet any space or agreed to do so in the future, Tenant shall have two one (21) options option to extend the term of this initial Lease Term for a period of two five (25) years each (the first such period shall be referred to as the "First Extension Period" and the second such period as the "Second Extension Period" and any such extension period may be referred to as an "Extension Period") by giving written notice of exercise of such option ("Extension Option Notice") at least one hundred twenty eight (120180) days, but not more than three hundred sixty-five (365) days, prior to the expiration of the initial Lease Term. If an Event of Tenant’s Default (as defined in Section 13.1 of the Lease) exists on the date of giving an Extension Option Notice, or if an Event of Tenant’s Default exists on the date of the applicable termExtension Period is to commence, the Extension Period at the option of Landlord shall not commence and the Lease shall expire at the end of initial Lease Term. The First Extension Period shall commence, if at all, immediately following the expiration of the initial term of the Lease, and the Second Extension Period shall commence, if at all, immediately following the expiration of the First Extension PeriodLease Term. If Tenant has defaulted or failed to perform any obligation under this Lease five (5) or more times (after notice and the expiration of the applicable cure period) during the term (including any applicable Extension Period), or if Tenant is in default (after notice and the expiration of the applicable cure period) under any term or provision of this Lease on the date of giving an Extension Option Notice, or if Tenant is in default (after notice and the expiration of the applicable cure period) under any term or provision of this Lease on the date of the applicable Extension Period is to commence, the extended term Extension Period at the option of Landlord shall not commence and this the Lease shall expire at the end of initial term. Each The Extension Period shall be upon all of the terms and provisions of this the Lease, except that the minimum monthly rent Base Monthly Rent during such Extension Periods Period shall be one hundred five-five percent (10095%) of then Fair Market Rent, (ii) Tenant shall not have any right or option to extend the Lease Term beyond the one and only Extension Period, (iv) any work, allowances or concession provided, granted or available to Tenant at or in connection with the commencement of the initial Lease Term will not apply, except that Landlord shall agree, at not cost to Tenant, to recarpet and repaint the Premises.

Appears in 1 contract

Samples: Lease Agreement (Omnicell Inc /Ca/)

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