Common use of OPTION TO EXTEND TERM OF LEASE Clause in Contracts

OPTION TO EXTEND TERM OF LEASE. (A) Tenant shall, subject to the terms of paragraph (B) and (C) thereof, have the right to extend the term of the Lease for Two (2) periods of five (5) Lease years each (such five year periods being herein sometimes referred to as the "First Extended Term" and the "Second Extended Term", respectively, and any reference to "Extended Term" shall include both the First and Second Extended Term) from the date upon which the Primary Term of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the Extended Term to be upon the same terms and conditions as those specified in the Lease including the Annual Minimum Rent specified therefor in Section 3 of the Lease. (B) If Tenant elects to exercise its option for either or both of the extended Terms, Tenant shall do so by giving Lessor notice of such election, at lease 180 days before the beginning of the applicable Extended Term. (C) Notwithstanding anything to the contrary contained in paragraph (A) of this Section, if (i) Tenant shall be in default in the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant shall be in default of any of the other terms and provisions to be performed by Tenant under the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current term, and Landlord notifies Tenant that Landlord elects to current term, negate such notice by reason of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant to have elected not to exercise its option for the Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term shall not be deemed or construed to be an exercise of the option for the Extended Term or an extension of the Lease. Any termination of the Lease shall terminate Tenant's rights of further extension hereunder. Notwithstanding anything to the contrary contained in the Lease, the rights granted Tenant named herein under this Section shall be personal to Tenant named herein and, in the event of an assignment of the Lease pursuant to Article XVI of the Lease, the rights granted to Tenant named herein under this Section shall be of no further force and effect.

OPTION TO EXTEND TERM OF LEASE. (A) Landlord hereby grants to Tenant shall, subject to the terms of paragraph (B) and (C) thereof, have the right an option to extend the term of the this Lease for Two three consecutive ten-year renewal terms (2) periods of five (5) Lease years each (such five year periods being herein sometimes referred to as the "First Extended Term" and the Terms"Second Extended Term", respectively, and any reference to "Extended Term" shall include both the First and Second Extended Term) from the date upon which the Primary Term of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the ). Each Extended Term to shall be upon on the same terms and conditions as those specified in set forth herein for the Lease including Fixed Term (including, but not limited to, Tenant's obligation to pay Percentage Rent), except that Base Rent shall be paid at a rate equal to the Annual Minimum then current Fair Market Rental which, unless otherwise mutually agreed to by Landlord and Tenant, shall be determined by appraisal pursuant to the provisions of Article XXV. In no event, however, shall the Base Rent specified therefor in Section 3 for any Extended Term be less than 102%, nor more than 107%, of the Lease. (B) If total amount of Base Rent and Percentage Rent reserved under this Lease for the Base Year for such Extended Term. Tenant elects shall pay to exercise its option for either or both Landlord, on the first day of each Extended Term, an Additional Charge equal to 0.5% of the extended Terms, Landlord's Total Investment. Each such option may only be exercised by Tenant shall do so by giving Lessor notice of such electionif, at lease 180 days before the beginning time such option is exercised, (a) this Lease has not expired or been sooner terminated and (b) an Event of the applicable Extended Term. (C) Notwithstanding anything to the contrary contained in paragraph (A) of this SectionDefault is not continuing, if (i) Tenant and shall be in default in the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant shall be in default of any of the other terms and provisions to be performed exercised by Tenant under the Lease as or the date Tenant shall have give by delivery of Notice to that effect to Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease not less than 180 nor more than 360 days prior to the expiration of the then current term, Term. Tenant's exercise of any option to extend the term of this Lease for an Extended Term pursuant to this Section 3.2 shall constitute Tenant's irrevocable and Landlord notifies Tenant that Landlord elects binding commitment to current term, negate such notice by reason lease the Property on the terms stated in this Lease for the whole of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant to have elected not to exercise its option for the Extended Term. Any holding over or failure If Tenant is unable to vacate exercise any option due to the Leased Premises at provisions of this Lease, the end or any term time during which such option may be exercised shall not be deemed extended or construed enlarged. Time is strictly of the essence with respect to be an the requirement that Tenant give timely Notice of its exercise of the option for the Extended Term or an extension of the Lease. Any termination of the Lease shall terminate any options hereunder, and Tenant's rights of further extension hereunder. Notwithstanding anything failure timely to exercise any option strictly in accordance with its terms shall constitute a material, irredeemable and incurable failure to satisfy a condition precedent to the contrary contained vesting of any rights in the Lease, the rights granted Tenant named herein under this Section shall be personal to Tenant named herein and, in the event of an assignment of the Lease pursuant to Article XVI the option, and Tenant hereby expressly waives any right to claim relief from forfeiture or any other form of equitable relief from the Lease, the rights granted to Tenant named herein under this Section shall be consequences of no further force and effectany untimely exercise of any such option strictly in accordance with its terms.

OPTION TO EXTEND TERM OF LEASE. (A) Tenant shall, subject Subject to the terms provisions of paragraph (B) and (C) thereofthis Section 3.2, have the right Landlord hereby grants to Tenant an option to extend the term of the this Lease for Two three additional ten (210) periods of five year extension terms (5) Lease years each (such five year periods being herein sometimes referred to as the each, an "First Extended Term" and the "Second Extended Term", respectively, and any reference to "Extended Term" shall include both the First and Second Extended Term) from the date upon which the Primary Term of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the ). The first Extended Term to shall be upon on the same terms and conditions as those specified in set forth for the Initial Term with Percentage Rent continuing to be calculated on the Incremental Revenues. Rent for the second Extended Term and for the third Extended Term shall be at the Fair Market Rent as established pursuant to Section 4.3 for the second or third Extended Term as applicable. Such option shall be exercised by Tenant by delivery of Notice to that effect to Landlord not less than one (1) year prior to the date upon which this Lease including otherwise would terminate. Such option may be exercised by Tenant only if (a) at the Annual Minimum Rent specified therefor in Section 3 time such Notice is given, this Lease has not expired or been sooner terminated, (b) the applicable tenant on each Related ALS Lease has exercised its option to renew that Related ALS Lease, and (c) at the time such Notice is given and on the expiration date of the Lease. Initial Term, an Event of Default (Bunder this Lease and/or any or all of the Other ALS Leases) If is not continuing. With respect to Tenant's election to extend this Lease for the Second and Third Extended Term, upon receipt from Tenant of Tenant's notice that Tenant elects to exercise its option for either or both of extend the extended TermsLease, Landlord and Tenant shall do so by giving Lessor endeavor to establish the Fair Market Rent for such Extended Term as provided in Section 4.3 hereof. Unless Tenant gives notice to Landlord pursuant to the last sentence of such electionSection 4.3, at Tenant's exercise of any option to extend the term of this Lease for an Extended Term pursuant to this Section 3.2 shall constitute Tenant's irrevocable and binding commitment to lease 180 days before the beginning Property on the terms stated in this Lease for the whole of the applicable Extended Term. (C) Notwithstanding anything . If Tenant is unable to exercise such option due to the contrary contained in paragraph (A) of this Section, if (i) Tenant shall be in default in the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant shall be in default of any of the other terms and provisions to be performed by Tenant under the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current term, and Landlord notifies Tenant that Landlord elects to current term, negate such notice by reason of such defaultforegoing provisions, the tenant shall time during which such option may be deemed without further notice and without further agreement between landlord and Tenant to have elected not to exercise its option for the Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term exercised shall not be deemed extended or construed enlarged. Time is strictly of the essence with respect to be an the requirement that Tenant give timely Notice of its exercise of the such option for the Extended Term or an extension of the Lease. Any termination of the Lease shall terminate hereunder, and Tenant's rights of further extension hereunder. Notwithstanding anything failure timely to exercise any option strictly in accordance with its terms shall constitute a material, irredeemable and uncurable failure to satisfy a condition precedent to the contrary contained vesting of any rights in the Lease, the rights granted Tenant named herein under this Section shall be personal to Tenant named herein and, in the event of an assignment of the Lease pursuant to Article XVI of the Leaseoption, the rights granted and Tenant hereby expressly waives any right to Tenant named herein under this Section shall be of no further force and effect.claim relief from forfeiture, or any other

OPTION TO EXTEND TERM OF LEASE. 3A.1 Tenant shall have two (A2) respective options to extend the Lease Term from and including the day next following the last day of the Lease Term for successive extensions periods of five (5) years each. Each such period is referred to in this Lease as an "Extension Period". If Tenant shall, subject elects to exercise any or all of the terms of paragraph (B) and (C) thereof, have the right options to extend the term of the Lease for Two an Extension Period, the option shall be exercised in the following manner: not less than three (23) periods of five calendar months before the first Extension Period and six (56) Lease years each (such five year periods being herein sometimes referred to as calendar months before the "First Extended Term" and the "Second Extended Term", respectivelysecond Extension Period, and any reference not more than twelve (12) calendar months next prior to "Extended Term" shall include both the First and Second Extended Term) from the date upon which the Primary Term first day of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the Extended Term to be upon the same terms and conditions as those specified in the Lease including the Annual Minimum Rent specified therefor in Section 3 of the Lease. (B) If Extension Period for which Tenant elects desires to exercise its option for either or both of to extend the extended TermsLease Term, Tenant shall do so by giving Lessor serve written notice of such election, at lease 180 days before on Landlord that Tenant thereby exercises the beginning of option to extend the applicable Extended Lease Term. (C) Notwithstanding anything . Any attempt to exercise the option to extend the Lease Term which is not strictly in compliance with the procedure and during the time periods set forth in Article 3A shall be ineffective and void. The Tenant's right to exercise the foregoing options to extend the Lease Term is subject to the contrary contained in paragraph following conditions: (A) Tenant shall have exercised each and all of this Sectionits options to extend the Lease for each prior Extension Period, if any; (iB) Tenant shall be in default in actual occupancy of the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant's Space; and (C) Tenant shall not be in default of under this Lease. If Tenant is in default under this Lease at the time Tenant attempts to exercise any option to extend the Lease Term, such attempt to exercise the option to extend the Lease Term shall be ineffective and void and any subsequent cure of the other terms and provisions to be performed by Tenant Tenant's default under the this Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current term, and Landlord notifies Tenant that Landlord elects to current term, negate such notice by reason of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant to have elected not to exercise its option for the Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term shall not be deemed or construed to be an have the effect of making such attempted exercise of the option to extend the Lease Term effective. 3A.2 The Basic Rent to be paid for each month during the First Extension Period shall be increased in proportion to the percentage increase of the Consumer Price Index during the last five years of the initial Lease Term. For this purpose, the Consumer Price Index for the Extended Term or an extension month in which the sixth anniversary of the LeaseCommencement Date falls shall be used as the Base Month. Any termination In order to determine the Basic Rent for the First Extension Period, the percentage increase in the Consumer Price Index from the Base Month to the second month prior to the month in which the First Extension Period commences shall be multiplied by the Basic Rent for the sixth through tenth years of the Lease shall terminate Tenant's rights of further extension hereunder. Notwithstanding anything to Term and the contrary contained in the Lease, the rights granted Tenant named herein under this Section result shall be personal added to Tenant named herein and, in such Basic Rent to determine the event of an assignment of Basic Rent for the Lease pursuant to Article XVI of the Lease, the rights granted to Tenant named herein under this Section shall be of no further force and effect.First

OPTION TO EXTEND TERM OF LEASE. (Aa) Tenant shall, subject Subject to the terms provisions of paragraph Paragraph (Bc) and (C) thereofbelow, have the right Landlord hereby grants to Tenant an option to extend the term of the Lease Lease, for Two three additional consecutive ten-year renewal terms (2) periods of five (5) Lease years each (such five year periods being herein sometimes referred to as the "First Extended Term" and the "Second Extended Term"each, respectively, and any reference to an "Extended Term," shall include both and collectively, the First and Second "Extended Term) from the date upon which the Primary Term Terms"). Each of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the Extended Term to Terms shall be upon the same terms and conditions as those specified in set forth for the Lease including the Annual Minimum Fixed Term except that Base Rent specified therefor in Section 3 of the Lease. (B) If Tenant elects to exercise its option for either or both of the extended Terms, Tenant shall do so by giving Lessor notice of such election, at lease 180 days before the beginning of the applicable Extended Term. (C) Notwithstanding anything to the contrary contained in paragraph (A) of this Section, if (i) Tenant shall be in default in the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant shall be in default of any of the other terms and provisions to be performed by Tenant under the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current termFair Market Rental which, unless otherwise mutually agreed to by Landlord and Landlord notifies Tenant that Landlord elects to current termTenant, negate such notice by reason of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant determined by appraisal pursuant to have elected not to exercise its option the provisions of Article XXV; provided that the annual Base Rent for the each Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term Term shall not be deemed or construed to be an exercise less than 102 1/2% of the option sum of Base Rent payable during the last year of the Fixed Term or preceding Extended Term, as the case may be. The Base Rent for the Extended Term or an extension provided for herein for the second and each subsequent Lease Year of the Lease. Any termination Extended Term shall be increased to an amount equal to one hundred two and one-half percent (102 1/2%) of the Base Rent for the preceding twelve month period, calculated by applying such percentage increases on a cumulative basis to the Base Rent payable during each of the preceding Lease Years. Each such option may only be exercised by Tenant if, at the time such option is exercised, an Event of Default shall terminate not exist and be continuing, and shall be exercised by Tenant by delivery of Notice to that effect to Landlord not less than 180 days but not more than 360 days prior to the date upon which this Lease otherwise would terminate. Tenant's rights exercise of further extension hereunderany option to extend the term of this Lease for an extended term pursuant to this Section 3.2 shall constitute Tenants' irrevocable and binding commitment to lease the Property on the terms stated in this Lease for the whole of such Extended Term. Notwithstanding anything If Tenant is unable to exercise any option due to the contrary contained in the provisions of this Lease, the rights granted time during which such option may be exercised shall not be extended or enlarged. The failure of Tenant named herein under to exercise any of the options for the Extended Terms within the respective times specified in this Section shall be personal thereby terminate any remaining such options. (b) Time is strictly of the essence with respect to the requirement that Tenant named herein andgives timely Notice of its exercise of any options hereunder, including, but not limited to, the options for the Extended Terms, and Tenant's failure timely to exercise any option strictly in accordance with its terms shall constitute a material, irredeemable and incurable failure to satisfy a condition precedent to the event vesting of any rights in Tenant pursuant to such option, and Tenant hereby expressly waives any right to claim relief from forfeiture, or any other form of equitable relief, from consequences of an assignment untimely exercise of the Lease pursuant to Article XVI of the Lease, the rights granted to Tenant named herein under this Section shall be of no further force and effect.any such option strictly in

OPTION TO EXTEND TERM OF LEASE. (Aa) Tenant shall, subject Subject to the terms provisions of paragraph Paragraph (Bc) and (C) thereofbelow, have the right Landlord hereby grants to Tenant an option to extend the term of the Lease Lease, for Two three additional consecutive ten-year renewal terms (2) periods of five (5) Lease years each (such five year periods being herein sometimes referred to as the "First Extended Term" and the "Second Extended Term"each, respectively, and any reference to an "Extended Term," shall include both and collectively, the First and Second "Extended Term) from the date upon which the Primary Term Terms"). Each of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the Extended Term to Terms shall be upon the same terms and conditions as those specified in set forth for the Lease including the Annual Minimum Fixed Term except that Base Rent specified therefor in Section 3 of the Lease. (B) If Tenant elects to exercise its option for either or both of the extended Terms, Tenant shall do so by giving Lessor notice of such election, at lease 180 days before the beginning of the applicable Extended Term. (C) Notwithstanding anything to the contrary contained in paragraph (A) of this Section, if (i) Tenant shall be in default in the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant shall be in default of any of the other terms and provisions to be performed by Tenant under the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current termFair Market Rental which, unless otherwise mutually agreed to by Landlord and Landlord notifies Tenant that Landlord elects to current termTenant, negate such notice by reason of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant determined by appraisal pursuant to have elected not to exercise its option the provisions of Article XXV; provided that the annual Base Rent for the each Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term Term shall not be deemed or construed to be an exercise less than 102 1/2% of the option sum of Base Rent payable during the last year of the Fixed Term or preceding Extended Term, as the case may be. The Base Rent for the Extended Term or an extension provided for herein for the second and each subsequent Lease Year of the Lease. Any termination Extended Term shall be increased to an amount equal to one hundred two and one-half percent (102 1/2%) of the Base Rent for the preceding twelve month period, calculated by applying such percentage increases on a cumulative basis to the Base Rent payable during each of the preceding Lease Years. Each such option may only be exercised by Tenant if, at the time such option is exercised, an Event of Default shall terminate not exist and be continuing, and shall be exercised by Tenant by delivery of Notice to that effect to Landlord not less than 180 days but not more than 360 days prior to the date upon which this Lease otherwise would terminate. Tenant's rights exercise of further extension hereunderany option to extend the term of this Lease for an extended term pursuant to this Section 3.2 shall constitute Tenants' irrevocable and binding commitment to lease the Property on the terms stated in this Lease for the whole of such Extended Term. Notwithstanding anything If Tenant is unable to exercise any option due to the contrary contained in the provisions of this Lease, the rights granted time during which such option may be exercised shall not be extended or enlarged. The failure of Tenant named herein under to exercise any of the options for the Extended Terms within the respective times specified in this Section shall be personal thereby terminate any remaining such options. (b) Time is strictly of the essence with respect to the requirement that Tenant named herein andgives timely Notice of its exercise of any options hereunder, including, but not limited to, the options for the Extended Terms, and Tenant's failure timely to exercise any option strictly in accordance with its terms shall constitute a material, irredeemable and incurable failure to satisfy a condition precedent to the event vesting of any rights in Tenant pursuant to such option, and Tenant hereby expressly waives any right to claim relief from forfeiture, or any other form of equitable relief, from consequences of an assignment untimely exercise of the Lease pursuant to Article XVI any such option strictly in accordance with its terms. The implied covenant of the Lease, the rights granted to Tenant named herein good faith and fair dealing under this Section Lease shall not be of no further force and effect.construed to impose upon

OPTION TO EXTEND TERM OF LEASE. (A) Tenant shall, subject to the terms of paragraph (B) and (C) thereof, have the right may elect to extend the term Term of the Lease (“Extension Option(s)”) for Two all (but not less than all) of the Premises for two (2) periods of additional periods, the first period to be for five (5) Lease years each (such “First Extension Period”), and the second period to be for five year (5) years (the “Second Extension Period" and collectively with the First Extension Period, the “Extension Periods"), provided that either at the time of the exercise of the options set forth herein or at the time of the commencement of the extension periods being herein sometimes referred to hereunder (a) an Event of Default does not then exist under the Lease; (b) Tenant has made the investments required in Section 5.2 and Section 7 of the Work Letter attached as Exhibit D; (c) Tenant is actually operating across the street from the Premises in the Liberty Hotel building a full service restaurant and bar of the same quality and service as the "Tenant’s Concord restaurant or has opened a full service restaurant and bar of the same quality and service as the Tenant’s Concord restaurant in the Premises within eighteen (18) months after the closing of the Tenant's restaurant and bar operation in the Liberty Hotel building; and (d) Tenant had transferred its brewing operation to the Premises. The Tenant may exercise an Extension Option by delivering to Landlord not earlier than twelve (12) months and no later than nine (9) months before the end of the initial Term of this Lease or the First Extended Term" Extension Period, as applicable, a written notice (the “Option Notice”) of such election. The First Extension Period shall commence on the day immediately following the last day of the Term and the "Second Extended Term", respectively, and any reference to "Extended Term" Extension Period shall include both commence on the day immediately following the last day of the First Extension Period and Second Extended Term) from shall be subject to all the date upon which the Primary Term of the Lease, or the term terms and conditions of the Lease except that the Base Rent for the applicable Extension Period shall be the Fair Market Rent as extended by the First Extended Term, would otherwise expire; the Extended Term to be upon the same terms and conditions as those specified determined in accordance with Section 4 below. If an Event of Default does exist under the Lease including at the Annual Minimum Rent specified therefor in Section 3 time of the Lease. (B) If Tenant elects to exercise its option for either or both of the extended Terms, Tenant shall do so by giving Lessor notice of such election, at lease 180 days before the beginning commencement of the applicable Extended Term. (C) Notwithstanding anything to the contrary contained in paragraph (A) of this Section, if (i) Tenant shall be in default in the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant shall be in default of any of the other terms and provisions to be performed by Tenant under the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current term, and Landlord notifies Tenant that Landlord elects to current term, negate such notice by reason of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant to have elected not to exercise its option for the Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term shall not be deemed or construed to be an Extension Periods following Tenant’s proper exercise of the option for the Extended Term or an extension Extension Option, Landlord shall have, in addition to all of the Lease. Any termination of the Lease shall terminate Tenant's Landlord’s other rights of further extension hereunder. Notwithstanding anything to the contrary contained and remedies provided in the Lease, the rights granted Tenant named herein under this Section shall be personal right to terminate the Extension Option upon written notice to Tenant named herein and, in the event of an assignment given promptly after receipt of the Lease pursuant to Article XVI option exercise or the time of the Leasecommencement of the Extension Period, the rights granted to Tenant named herein under this Section shall be of no further force and effectas applicable.

OPTION TO EXTEND TERM OF LEASE. (A) Tenant shall, subject Notwithstanding anything in the Lease to the terms of paragraph (B) and (C) thereofcontrary, Tenant shall have the right to exercise its options to extend the term Term of the Lease for Two (2) periods of five (5) Lease years each (such five year periods being herein sometimes referred either with respect to as the "First Extended Term" and entire Premises, or solely with respect to the "Second Extended Term", respectivelyExisting Premises, and any reference otherwise in accordance with the terms and conditions of Section 1.2 of the Existing Lease; provided that if Tenant timely exercises its first Extension Term solely with respect to "Extended Term" the Existing Premises, Tenant shall include both thereafter have no further right to extend the First and Second Extended Term) from the date upon which the Primary Term of the Lease, or Lease with respect to the term of the Lease as extended by the First Extended Term, would otherwise expire; the Extended Term to be upon the same terms and conditions as those specified Expansion Premises. Tenant shall specify in the Lease including the Annual Minimum Rent specified therefor in Section 3 of the Lease. (B) If applicable Extension Notice whether Tenant elects to exercise its extend the Term for the entire Premises or only the Existing Premises; provided, however if Tenant does not do so, then Tenant will be considered to have elected to extend the Term for the entire Premises. If Tenant exercises Tenant’s option for either or both the applicable Extension Term for less than the entire Premises, then on the date immediately preceding the first day of the extended Termsapplicable Extension Term, Tenant shall do so by giving Lessor notice surrender to Landlord possession of such election, at lease 180 days before the beginning Expansion Premises in the condition required in accordance with the provisions of this Lease on the Expiration Date. On the date immediately preceding the first day of the applicable Extended Term. Extension Term (C) Notwithstanding anything to each such date, the contrary contained “Extension Surrender Date”), Tenant’s lease of the Expansion Premises shall end and expire, and Tenant’s estate in paragraph (A) and possession of the Expansion Premises shall terminate and be extinguished as if the Expansion Premises were the Expiration Date with respect thereto. From and after the applicable Extension Surrender Date, Tenant’s Share of Taxes, Tenant’s Share of Operating Costs, the number of Tenant’s Parking Spaces and all other rights of Tenant under this SectionLease which are calculated on a pro rata or proportionate share basis, if (i) Tenant each shall be in default in reduced on a per square foot, pro rata basis to reflect the payment of Annual Minimum Rent or any other charge payable under the Lease or if Tenant shall be in default of any removal of the other terms and provisions to be performed by Tenant under Expansion Premises from the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current term, and Landlord notifies Tenant that Landlord elects to current term, negate such notice by reason of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant to have elected not to exercise its option for the Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term shall not be deemed or construed to be an exercise of the option for the Extended Term or an extension of the Lease. Any termination of the Lease shall terminate Tenant's rights of further extension hereunder. Notwithstanding anything to the contrary contained in the Lease, the rights granted Tenant named herein under this Section shall be personal to Tenant named herein and, in the event of an assignment of the Lease pursuant to Article XVI of the Lease, the rights granted to Tenant named herein under this Section shall be of no further force and effectPremises.

OPTION TO EXTEND TERM OF LEASE. (A) Landlord hereby grants to Tenant shall, subject to the terms of paragraph (B) and (C) thereof, have the right three consecutive options to extend the term of the this Lease for Two (2) periods of five (5) Lease years each (such additional five year periods being herein sometimes referred to as the renewal terms (each an "First Extended Term" and the "Second Extended Term", respectively, ). The first Extended Term shall commence immediately upon the expiration of the Fixed Term and any reference to "each subsequent Extended Term shall commence upon the expiration of the immediately prior Extended Term" shall include both the First and Second Extended Term) from the date upon which the Primary Term of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the . Each Extended Term to shall be upon on the same terms and conditions as those specified set forth for the Fixed Term except that Rent shall be paid at a rate equal to the then current Fair Market Rental which, unless otherwise mutually agreed to by Landlord and Tenant, shall be determined by appraisal pursuant to the provisions of Article 25 (subject however to the restrictions stated in the Lease including the Annual Minimum Rent specified therefor in Section 3 definition of the Lease. (B) If "Fair Market Rental"). Each such option may only be exercised by Tenant elects to exercise its option for either or both of the extended Terms, Tenant shall do so by giving Lessor notice of such electionif, at lease 180 days before the beginning of the applicable Extended Term. (C) Notwithstanding anything to the contrary contained in paragraph (A) of this Sectiontime such option is exercised, if (i) Guarantor irrevocably commits to cause each Tenant under a Lease executed pursuant to the Facility Agreement to exercise the next option for an Extended Term with respect to all property leased by Landlord or its Affiliates to either (x) any wholly-owned subsidiary of Guarantor or (y) any Person previously owned by Guarantor, (ii) the Lease is in full force and effect, and (iii) an Event of Default is not continuing. Each such option shall be exercised by Tenant, if at all, by delivery of Notice to that effect to Landlord not less than 270 days but not more than 450 days prior to the date upon which this Lease otherwise would terminate. If Tenant is unable to exercise any option due to the provisions of this Section 3.2, the time during which such option may be exercised shall not be extended or enlarged. Time is strictly of the essence with respect to the requirement that Tenant give timely Notice of its exercise of any options hereunder, and Tenant's failure timely to exercise any option strictly in default accordance with its terms shall constitute a material, irredeemable and incurable failure to satisfy a condition precedent to the vesting of any rights in Tenant pursuant to the payment of Annual Minimum Rent option, and Tenant hereby expressly waives any right to claim relief from forfeiture, or any other charge payable form of equitable relief from consequences of an untimely exercise of any such option strictly in accordance with its terms. The implied covenant of good faith and fair dealing under this Lease shall not be construed to impose upon Landlord any obligation to notify Tenant in advance of the Lease or if impending deadline for the exercise of any option hereunder, nor shall it obligate Landlord to excuse the tardy exercise of any Option, however slight. The failure of Tenant shall be in default of to exercise any of the other terms and provisions to be performed by Tenant under the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or (iii) Tenant having given such notice thereafter defaults under the Lease prior to the expiration of the then current term, and Landlord notifies Tenant that Landlord elects to current term, negate such notice by reason of such default, the tenant shall be deemed without further notice and without further agreement between landlord and Tenant to have elected not to exercise its option options for the Extended Term. Any holding over or failure to vacate Terms within the Leased Premises at the end or any term shall not be deemed or construed to be an exercise of the option for the Extended Term or an extension of the Lease. Any termination of the Lease shall terminate Tenant's rights of further extension hereunder. Notwithstanding anything to the contrary contained respective times specified in the Lease, the rights granted Tenant named herein under this Section shall be personal thereby terminate any option with respect to Tenant named herein and, in the event of an assignment of the Lease pursuant to Article XVI of the Lease, the rights granted to Tenant named herein under this Section shall be of no further force and effectany remaining Extended Terms.

OPTION TO EXTEND TERM OF LEASE. (Aa) Provided that Tenant shallhas not breached or defaulted under any of the terms of the Lease, Tenant may, subject to the conditions set forth in the Lease and this Amendment, at its option (the "Option to Extend"), renew the term of the Lease (including any Expansion Space) for one (1) additional five (5) year renewal period (the "Renewal Term") which shall commence immediately following the expiration of the initial Term of the Lease, as extended (the "Initial Term"), provided, however, that such renewal option must be exercised only by written notice given by Tenant, and received by Landlord, not more than twelve (12) months nor less than six (6) months prior to the termination of the Initial Term. Strict compliance with the terms of exercise of this option is required, and there shall be no implied or inferred exercises, regardless of the conduct or actions of Tenant or Landlord. Any renewal pursuant to the provisions of this paragraph (B) shall be on the terms and (C) thereofconditions contained in the Lease, have as hereafter modified. In addition, in the right event that the Tenant has timely and properly exercised the Refusal Right, so that Expansion Space is included in the Demised Premises pursuant to extend the Lease, the term of the Lease for Two (2) periods the Expansion Space shall be automatically conformed to the Renewal Term, so that all space then being rented by Tenant will be part of five (5) Lease years each (such five year periods being herein sometimes referred to as the "First Extended Term" one and the "Second Extended same Lease with the same expiration date. (b) The monthly Fixed Minimum Rent for the first year of the Renewal Term shall be adjusted, upward only, to the fair market rental value of the Demised Premises as of the commencement of the Renewal Term", respectivelyprovided, however, that the new monthly Fixed Minimum Rent shall be no less than one hundred three percent (103%) of the monthly Fixed Minimum Rent then in effect, and any reference to "Extended Term" shall include both the First and Second Extended Term) from the date upon which the Primary Term of the Lease, or the term of the Lease as extended by the First Extended Term, would otherwise expire; the Extended Term to be upon the same terms and conditions as those specified in the Lease including the Annual monthly Fixed Minimum Rent specified therefor during the Renewal Term shall be adjusted annually thereafter in Section 3 accordance with Paragraph 8 of the Lease. (Bc) If Tenant elects to Upon Tenant's timely and proper exercise its option for either or both of the extended TermsOption to Extend, Landlord and Tenant shall do so negotiate in good faith to reach agreement as to the fair market rental value of the Demised Premises. If, after good faith negotiations, the parties are unable to reach agreement within thirty (30) days after the date Tenant exercised the option, either party (in its discretion) may elect to proceed to arbitration, by giving Lessor delivering written notice to the other party, as follows: (i) Within fifteen (15) days of such election, at lease 180 each party shall select a disinterested real estate broker who shall be actively engaged and shall have been actively engaged in commercial leasing of properties comparable to the Demised Premises for a period of not less than five (5) years. Within ten (10) days before the beginning of the applicable Extended Termselection of both brokers, the two brokers shall then select a third broker with the same qualifications; provided, however, that if either Landlord or Tenant shall not have appointed a broker as aforesaid and shall have still failed to appoint such broker within five (5) days after written notice from the other party of such failure, that party shall have waived its right to appoint a broker. (Cii) Notwithstanding anything Each of the three brokers (or the sole broker if one party has waived its right to appoint a broker) shall make their own independent determination of the fair market rental value of the Demised Premises, taking into account comparable space in the immediate vicinity of the Demised Premises. The fair market rental value of the Demised Premises shall be an amount equal to the contrary contained sum of the highest value, the lowest value, and two times the middle value, divided by four (or the sole broker's determination if one party has waived its right to appoint a broker). The determination of the fair market rental value shall at all times be subject to the monthly Fixed Minimum Rent increase set forth in paragraph Section 5(b) above Each party shall be responsible for fees of the broker they select, and the fees of the third broker shall be shared equally. Within ten (A10) days of this Sectionthe final determination of the fair market rental value of the Demised Premises, if (i) Tenant shall be in default in the payment of Annual Minimum Rent or pay to Landlord any other charge payable under the Lease or if Tenant shall be in default of any additional accrued amounts of the other terms and provisions to be performed by Tenant under the Lease as or the date Tenant shall have give Landlord notice of its election to exercise its option for the Option Period or (ii) Tenant fails to give Landlord notice of its election to exercise its option for the Option Period in the manner required in paragraph (B) above, or rental adjustments. (iii) Tenant having given such notice thereafter defaults under the Lease At any time prior to the expiration determination by the broker(s), the parties may, by mutual agreement in writing, revoke the authority of the then current term, and Landlord notifies Tenant that Landlord elects broker(s) if they have otherwise reached agreement on the fair market rental value. The determination of the brokers (or the sole broker if one party has waived its right to current term, negate such notice by reason of such default, the tenant appoint a broker) shall be deemed without further notice final and without further agreement between landlord and Tenant to have elected not to exercise its option for binding on the Extended Term. Any holding over or failure to vacate the Leased Premises at the end or any term shall not be deemed or construed to be an exercise of the option for the Extended Term or an extension of the Lease. Any termination of the Lease shall terminate Tenant's rights of further extension hereunder. Notwithstanding anything to the contrary contained in the Lease, the rights granted Tenant named herein under this Section shall be personal to Tenant named herein and, in the event of an assignment of the Lease pursuant to Article XVI of the Lease, the rights granted to Tenant named herein under this Section shall be of no further force and effectparties.