Common use of Option to Extend Clause in Contracts

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 3 contracts

Samples: Industrial Lease (Bway Corp), Industrial Lease (Bway Corp), Industrial Lease (Bway Corp)

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Option to Extend. (a) Provided that the 29.35.1 Tenant is hereby granted one (1) option to extend the initial Lease Term (the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not then have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default of its obligations under this Lease beyond any applicable notice and cure or grace period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the expiration Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the Termparties and not by exercise of Tenant’s Option to Extend, extend the Term for a then Tenant’s Option to Extend shall be null and void and of no further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Termforce or effect. (b) Provided that Base Rent for the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodOption Term shall be adjusted to fair market Base Rent, the Landlord shall at the expiration as of the First Extension commencement of the Option Term, provided for renewals of comparable term and space in the Tenant has given Building and/or in similar class buildings in the Landlord notice of its exercise of submarket in which the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermPremises is located. (c) The Annual parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during any Extension Term shall be the Current Market Option Term. If the parties agree on the Base Rent for the PremisesOption Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord and to the Tenant have originally named in this Lease and to no other, and is personal as to such entity and shall not mutually agreed on be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the amount Lease. Landlord’s consent to an assignment of the Annual Base Rent at least three (3) months prior Lease shall not also constitute consent to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination assignment of the Annual Base Rent, Option to Extend unless the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateOption to Extend is expressly included in Landlord’s consent.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Option to Extend. (a) Provided that Landlord has not given Tenant notice of default more than two (2) times following the date of execution of this Amendment, and there then exists no event of default by Tenant under the Lease nor any event that with the giving of notice and/or the passage of time would constitute an event of default, Tenant shall have the right and option to extend the Term for one (1) additional period of sixty (60) months. Tenant shall exercise this right by giving Landlord prior written notice, not sooner than fifteen (15) nor later than twelve (12) months in advance of then scheduled expiration of the Term, of Tenant’s election to extend the Term. The parties agree that time is not of the essence and that this option is personal to Tenant and is non-transferable to any assignee or sublessee (regardless of whether any such assignment or sublease was made with or without Landlord’s consent) or other party. (b) Such extension shall be under the same terms and conditions as provided in the Lease except that: (1) the Minimum Annual Rent payable by Tenant shall be at the then fair market value (and in default no event less than the Minimum Annual Rent payable during the immediately preceding Term) and (2) upon exercise of the option to extend, there shall be no further options to extend. (c) For the purposes of this Lease, the term “fair market value” shall mean Landlord’s reasonable determination of fair market value of rent for office/laboratory/warehouse buildings in the Eagleview Corporate Center. Landlord shall notify Tenant in writing within thirty (30) days after Tenant’s exercise of its obligations under this option to extend as to Landlord’s determination of such fair market value rent. Tenant shall execute a lease renewal agreement in form prescribed by Landlord and reasonably acceptable to Tenant utilizing such determination of fair market value within twenty (20) days after Tenant’s receipt of Landlord’s notice; if Tenant does not exercise its option to extend by the date set forth above, or having exercised its option, does not execute a lease renewal agreement within the time period required above, Tenant shall be deemed to have revoked its option to extend, and the Lease beyond any applicable cure or grace periodshall terminate, the Landlord shall without further options to extend, at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension then current Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 3 contracts

Samples: Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Fibrocell Science, Inc.)

Option to Extend. On the conditions (awhich conditions LESSOR may waive, at its election, by written notice to LESSEE at any time) Provided that the Tenant LESSEE is not then in default of its covenants and obligations under this the Lease beyond any applicable notice and cure or grace periodperiods, both as of the Landlord time of exercise of the Option to Extend, as hereinafter defined, and at the commencement of the Extension Period, as hereinafter defined, then LESSEE shall at have the right to extend the term hereof (the “Option to Extend”) for one additional term of five years, ending on March 31, 2019 (the “Extension Period’), to commence immediately upon the expiration of the Term, provided then current term. LESSEE may exercise such Option to Extend by giving written notice to LESSOR (the Tenant has given “Extension Notice”) on or before the Landlord notice of its exercise of the option to extend at least date which no less than twelve (12) months prior to the expiration of the then current Term, extend the Term for a further term of five (5) years (the “First . Such Extension Term”) from the expiration of the Term, Period shall be upon the same terms and conditions contained in of this Lease Lease, except extension options and that the Annual Base Rent to payable shall be paid during set at the First Extension Term. (b) Provided that then fair market effective rent for the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodLeased Premises. In no event, however, shall the Landlord shall Base Rent be less than the then-current Base Rent at the expiration of the First current Term. For the purpose of this Section, fair market effective rent shall mean the Base Rent plus such additional financial terms in the nature of rent and rent adjustments customarily then being included in leases for similar space within the greater Waltham area. LESSEE shall, during the Extension TermPeriod, provided continue to pay its proportionate share of LESSOR’s Real Estate Taxes and Operating Costs. Said fair market effective rent for the Tenant has given the Landlord notice of its exercise Leased Premises shall be agreed upon by LESSOR and LESSEE; provided, however, if LESSOR and LESSEE are unable to agree on said fair market effective rent within thirty (30) days of the option to extend at least twelve (12) months prior to the expiration date of the First Extension TermNotice, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term said fair market effective rent shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least conclusively determined by three (3) months prior to appraisers. Within fifteen (15) days of the commencement expiration of such Extension Termthirty (30) day period, then Annual Base Rent LESSOR and LESSEE shall each select an appraiser, who shall select a third. Should the two appraisers fail to agree on a third within fifteen (15) days of the date on which such appraisers have been appointed, or if either LESSOR or LESSEE shall fail to appoint an appraiser within the time provided, such appraiser shall be decided in appointed by the manner set out in Section 3.3American Institute of Appraisers. Until Each party shall bear the Annual Base Rent has been determinedcost of the appraiser selected by such party, and the cost of the third appraiser shall be shared equally by LESSOR and LESSEE. If the three appraisers are unable to agree upon such fair market effective rent within fifteen (15) days of the appointment of the third appraiser, the Tenant fair market effective rent shall pay the monthly Rent requested be that determined by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateappraiser not selected by either LESSOR or LESSEE.

Appears in 3 contracts

Samples: Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc.), Commercial Lease (Tecogen Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the granted an option to extend at least twelve (12) months prior to the expiration term of the TermLease Agreement for one (1) additional three (3) year period. The extensions described in this Addendum are personal to Tenant and may not be assigned, extend the Term for a further term of five (5) years (the “First Extension Term”) voluntarily or involuntarily, separate from the expiration or as part of the Term, upon Lease. Such extension shall be on the same terms and conditions contained as provided in this the Lease except extension options and Agreement with the Annual exception of Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Monthly Rent. The initial Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Monthly Rent for the Premises. If extension period shall be equal to the Landlord and fair market rental for the Tenant have not mutually agreed on the amount Leased Premises as of the Annual Base Rent at least three date six (36) months prior to the commencement of the applicable expiration period or on or about the date of the final determination by the arbitrators (set forth below), whichever is higher; however, the initial Base Monthly Rent for the applicable extension period shall not be less than the Base Monthly Rent plus three percent (3%) as of the expiration of the initial Lease Term. The fair market rental shall be determined (a) without consideration for the particular use of the Leased Premises by Tenant but shall be for the permitted use of the Lease Premises, (b) shall take into consideration all Leasehold Improvements that are the property of Landlord or that would become the property of Landlord upon expiration or termination of the Lease (upon Landlord’s election for the same), (c) shall take into consideration any concessions that may then be offered for similar properties (i.e. free rent, tenant improvement allowances, etc.), and (d) without discount for the fact that no leasing commissions shall be paid. The Base Monthly Rent for each extension period shall be subject to three percent (3%) annual increases. It shall be a condition precedent to the exercise of this option that Tenant shall not be in default under the Lease Agreement at the time of exercise of the option for the applicable extension period. If Tenant elects to exercise this option, Tenant shall exercise said option only by written notice actually received by Landlord not less than three hundred sixty-five (365) days prior to the expiration date of the initial Lease Term. The burden of actual delivery of such Extension notice is on the Tenant. In the event Tenant exercises the option hereunder, Tenant shall, within a period of one hundred fifty (150) days and one hundred eighty (180) days prior to the expiration date of the initial Lease Term, deliver to Landlord, Tenant’s opinion of the fair market rental value, as set forth above, and Tenant’s support for such figure (i.e. comparable lease information). Landlord shall thereafter promptly communicate with Tenant as to Landlord’s response to Tenant’s opinion as to the rental value and the parties shall thereafter promptly meet and endeavor to agree upon the fair market rental of the Leased Premises. If the rental for the applicable extension period has not been agreed upon, as set forth above, at least One Hundred Twenty (120) days prior to the commencement of said extension period (“Initial Meeting Period”), then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rentrental shall be promptly submitted to arbitration. Tenant shall select, within fifteen (15) days of the expiration of the Initial Meeting Period, referred to above, a licensed real estate agent with at least five years commercial experience in the City in which the Leased Premises are located involving properties similar to the Property under this Lease. Tenant shall provide to Landlord (a) the name, address, company affiliation, and phone number of such agent (b) and a list of the agents qualifications, and (c) a statement that Landlord has fifteen (15) days to nominate Landlord’s own agent, in writing, within such fifteen (15) day period such that such information is actually received by Landlord within such time period. Landlord shall have a period of fifteen (15) days after actual receipt of Tenant’s information, as set forth above, to nominate it’s own agent. Thereafter, said agents shall meet for the purpose of determining the rental, as set forth above, for the applicable extension period. If Tenant fails to so nominate an agent and provide the notice, as set forth above, the Landlord’s reasonable opinion of value shall be the rental value for the applicable extension term. If Landlord fails to nominate an agent, as set forth above, Tenant shall provide to Landlord a written notice setting forth that Tenant’s agent shall determine the rental value if Landlord does not nominate an agent within fifteen (15) additional days. Such notice must be actually received by Landlord before the fifteen (15) days commences to run. If Landlord thereupon fails to so select an agent, the one agent retained by Tenant shall set the fair market rental. If the two agents do not agree upon the rent, as set forth above, within thirty (30) days of their selection, they shall, within fifteen (15) days thereafter, select a third agent with the qualifications, referred to above, and if they do not so agree on a third agent, the third arbitrator shall be appointed by the presiding judge of the Superior Court in the County in which the Leased Premises are located. Tenant shall be required to petition such Court within ten (10) days of the expiration date of the time for the selection of the third agent, as set forth above, requesting the earliest possible determination by the Court. At Landlord’s election, such petition shall be on an ex parte basis with notice and opportunity by Landlord to attend such hearing. The Tenant’s failure to so petition the Court, as set forth herein and within the time period set forth herein, shall void the Tenant’s option exercise. The three agents shall determine whether Landlord’s value or Tenant’s value is closest to the fair market rental, as set forth above, within a thirty (30) day period of the appointment of the third agent and if they cannot agree upon the same, as set forth above, the third agent shall select the fair market rental value as determined by either Landlord’s agent or Tenant’s agent which most closely reflects the fair market rental value as determined by the third agent. Each party shall pay his own agent and the cost of the third agent, if necessary, shall be paid by the Tenant. The determination shall be signed by both parties and shall thereupon become a part of the Lease Agreement. If the Base Monthly Rent for the applicable extension period has not been determined as of the commencement of the applicable extension period, Tenant shall make pay an estimated Base Monthly Rent of One Hundred Fifteen percent (115%) of the appropriate adjustments together with interest at Base Monthly Rent due for the Prime Ratelast month prior to commencement of the applicable extension period. Any deficiency shall be payable by Tenant to Landlord within ten (10) days of the determination of the Base Monthly Rent for the applicable extension period. Any surplus shall be a credit for Base Monthly Rent to become thereafter due.

Appears in 3 contracts

Samples: Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.), Lease Agreement (Dermira, Inc.)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the Upon expiration of the Termprimary term of this Lease, provided the Tenant has given the Landlord notice of its exercise of the is granted an option to extend at least twelve the term of this Lease for one (121) months additional sixty (60) month period, with the same terms and conditions as are included in this Lease, subject, however, to renegotiation of the rent provided in paragraph 4 of this Lease. The primary term and the extension terms will be collectively referred to in this Lease as the “term.” Tenant shall notify Landlord within not less than one hundred twenty (120) days prior to the expiration of the Term, extend the Term for a further primary term of five (5) years (the “First Extension Term”) from this Lease or prior to the expiration of each extension term of Tenant’s exercise of its option to extend this Lease, provided that in the Termcircumstances described in paragraph 13, upon the same terms options to extend the term may be exercised earlier as provided in paragraph 13, and conditions contained if the option to extend is exercised earlier as provided in paragraph 13, nevertheless, the rental payable as provided in paragraph 4 shall be determined at the time and in the manner provided in paragraph 4 and this Lease except extension options paragraph 3. During the following sixty (60) day period, Tenant and Landlord shall negotiate and arrive at an agreement or disagreement of the Annual Base Rent amount of rent to be paid during the First Extension Term. (b) Provided that the applicable extension term. If Landlord and Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, agree upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent rent to be paid during the Second Extension Term. applicable extension term, Landlord and Tenant shall at the end of the sixty (c60) The Annual Base Rent during any Extension Term day period enter into a new written lease or an amendment agreement setting forth the amount of rental Tenant shall be the Current Market Rent required to pay pursuant paragraph 4 for the Premisesapplicable extension term and any other additional terms to which Landlord and Tenant have agreed. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (60) day period of negotiations, a fair market appraisal comparison of comparable properties will be completed by an independent party upon which the Landlord and the Tenant have not mutually agreed on may use to negotiate the amount of rent to be paid during the Annual Base Rent at least three applicable extension term. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (360) months prior day period of negotiations, either Landlord or Tenant may, by written notice to the commencement other party given within the ensuing thirty (30) day period, elect to invoke the arbitration provisions of such Extension Term, then Annual Base Rent this Lease to determine the rent Tenant shall be decided in required to pay pursuant to paragraph 4 for the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateapplicable extension term.

Appears in 3 contracts

Samples: Lease Agreement (Rightnow Technologies Inc), Lease Agreement (Rightnow Technologies Inc), Lease Agreement (Rightnow Technologies Inc)

Option to Extend. Tenant shall have the right, upon written notice to Landlord no more than three hundred (a300) Provided days nor less than one hundred eighty (180) days prior to the end of the Extended Term (“Notice”), to extend the term of the Lease for up to two additional terms of five (5) years each (the “Additional Terms”); provided that the Tenant is not then in default of its obligations any of the terms, covenants, and conditions of the Lease, and that no fact or circumstance exists that with the giving of notice or the passage of time, or both, would constitute such a default, either at the time of exercise of said extension right or as of the effective date of extension. The Additional Term shall be under this Lease beyond any applicable cure or grace periodall of the same terms, covenants and conditions of the Lease, except that the Base Rent during the Additional Term shall be at the “Prevailing Rental Rate” which shall mean the rental rate determined for the most comparable office space located in the Cottonwood Corporate Center Project as of the date of the Notice. Landlord and Tenant shall endeavor in good faith to determine the Prevailing Rental Rate within thirty (30) calendar days after Landlord’s receipt of the Notice. If they cannot agree within thirty (30) calendar days, each shall appoint an appraiser who shall arrive at an estimate of the Prevailing Rental Rate within thirty (30) calendar days. If such estimates are within five percent (5%) of each other, the average of the two shall be the new Base Rent for the Additional Term. If the estimates are more than five percent (5%) apart, each appraiser shall select a third appraiser within five (5) calendar days or, if they fail to do so, Landlord shall at the expiration select a third appraiser. The third appraiser shall prepare an estimate of the Term, Prevailing Rental Rate as provided above within thirty (30) calendar days and the Tenant has given the Landlord notice of its exercise two closest of the option three estimates shall be averaged to extend at least twelve determine the new Base Rent for the Additional Term. No later than one hundred twenty (12120) months calendar days prior to the expiration of the Extended Term, extend Landlord and Tenant shall execute an amendment to the Term for a further term of five (5) years (Lease stating the “First Extension Term”) from the new Base Rent and expiration date of the Lease Term. If such an amendment is not fully executed for any reason as provided above, upon the same terms Lease Term shall not be extended and conditions contained the option granted hereunder shall terminate. The extension rights of Tenant hereunder shall be personal to the originally named Tenant and may be exercised only by the originally named Tenant (and not any assignee, sublessee or other Transferee of Tenant’s interest in this Lease except extension options Lease) and only if the Annual Base Rent to be paid during originally named Tenant occupies the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration majority of the First Extension Term, provided reduced Premises (as shown on Exhibit “A” to this Addendum) as of the Tenant has given the Landlord notice of its exercise of date it exercises the option to extend at least twelve in accordance with the terms hereof. If Tenant fails to deliver a timely Notice, Tenant shall be considered to have elected not to exercise its option to extend. Any termination of the Lease during the initial Lease Term or Extended Term shall terminate all extension rights granted hereunder. The extension rights of Tenant hereunder shall not be severable from the Lease, nor may such rights be assigned or otherwise conveyed in connection with any permitted assignment of the Lease. During the Additional Term: (12a) months prior no abatement or other concession, if any, applicable to the expiration of initial Term or the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Extended Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior apply to the commencement of such Extension Additional Term, then Annual Base Rent ; and (b) all leasehold improvements within the Premises shall be decided provided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest their then-existing condition (on an “as-is” basis) at the Prime Ratetime the Additional Term commences.

Appears in 2 contracts

Samples: Lease Addendum, Lease Addendum (Sonic Innovations Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the have an option to extend and renew the Lease as to all of the Premises (but not as to any portion or portions thereof) for one (1) additional term of five (5) years. In order to exercise such option, Tenant shall notify Landlord in writing at least twelve two hundred seventy (12270) months days prior to the expiration of the Lease Term (i.e., by September 4, 2007) of its election to exercise the option. If Tenant elects not to extend or fails to timely exercise its option, time being of the essence, the option shall automatically terminate and be of no further force and effect and this Lease shall terminate upon the expiration of the initial Term. Upon receipt of such notice from Tenant exercising the renewal option herein granted, Landlord shall submit in writing within thirty (30) days a proposal for the then current Market Base Rental Rate (per rentable square foot per annum, “NNN”) for the renewal term. Tenant shall have thirty (30) days from the receipt of said notice from Landlord to notify Landlord in writing of (i) Tenant’s acceptance of the proposed Market Base Rental Rate, or (ii) Tenant’s rejection of the Market Base Rental Rate and election to initiate the appraisal process set forth below. If Tenant fails to timely accept or reject the Market Base Rental Rate specified in Landlord’s notice or to elect not to extend the term of the Lease as provided in the immediately preceding sentence, Tenant shall be deemed to have elected to extend the Lease Term for the period specified in Tenant’s original notice of exercise of the renewal option at the Market Base Rental Rate specified by Landlord in response to said exercise notice. Any such extension shall be upon all of the terms, conditions and covenants of this Lease except as to (i) the amount of Base Rent, which shall be determined as set forth herein, (ii) options to extend or to expand, which shall not be applicable, and (iii) Tenant shall pay Tenant’s Prorata Share of Operating Expenses throughout the renewal term. As used herein, and subject to the limitations set forth in this paragraph, “Market Base Rental Rate” shall mean as of any date the then annual net rental rate (exclusive of real estate taxes, utilities and operating expenses) per square foot of net rentable area which a further term willing landlord under no compulsion would agree to accept as of such date, and which a willing tenant under no compulsion would agree to accept as of such date, under renewal leases (based on a five (5) years (year term) of space in comparable first class multi-tenant office buildings of comparable size, location and age in the “First Extension Term”) from County of Boulder, Colorado, at such time, taking into account all relevant factors, including, without limitation, use, location and/or floor level within the expiration applicable building, definition of rentable area, leasehold improvements provided, credits or allowances granted, if any, quality, age and location of the Termapplicable building, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodrental concessions, the time the particular rate under consideration became effective, size of tenant, credit of tenant, relative operating expenses, taxes and utilities, relative services provided, and so forth. If Tenant, by written notice delivered no later than thirty (30) days after the date Landlord shall at the expiration notifies Tenant of the First Extension TermMarket Base Rental Rate, provided objects to the Tenant has given Market Base Rental Rate determined by Landlord and elects to submit the Landlord notice of its exercise rate determination to appraisal, then, within seven (7) days of the option to extend date of Tenant’s objection, each party shall appoint a non-affiliated certified M.A.I. Appraiser that has at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years years’ full-time commercial appraisal experience in Boulder County to determine the Market Base Rental Rate, such process to be completed within twenty (20) days after the “Second Extension Term”) from the expiration date of the Termappointment of the last appraiser. If a party does not appoint a qualified appraiser within five (5) days after the other party has given notice of the name of the appraiser, upon then the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term single appraiser shall be the Current sole appraiser and shall set the Market Rent for Base Rental Rate. The appraisers appointed by the Premisesparties shall meet promptly and attempt to set the Market Base Rental Rate. If they are unable to agree on the Market Base Rental Rate within twenty (20) days after the date the second appraiser has been appointed, they shall elect a third appraiser meeting the qualifications stated in this paragraph within seven (7) days after the last day the two (2) appraisers are to set the Market Base Rental Rate. If the Landlord and the Tenant have not mutually agreed appraisers are unable to agree on the amount third appraiser, either of the Annual Base Rent at least parties to this Lease, after giving five (5) days’ prior written notice to the other party, may apply to the then president of the real estate board of Denver, Colorado for the selection of a third appraiser who meets the qualifications stated in this Section, which selection shall be made within three (3) months days. All determinations of Market Base Rental Rate shall be subject to the limitations on Market Base Rental Rate set forth in the first paragraph of this Section. Each of the parties shall pay for the appraiser appointed by it and shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. The appraisers shall be instructed to consider the criteria above stated in determining the Market Base Rental Rate. Within twenty (20) days after the selection of the third appraiser, the third appraiser shall determine the Market Base Rental Rate and all three of the appraiser’s Market Base Rental Rates shall be averaged excluding any single Market Base Rental Rate which is either ten percent (10%) higher or lower than the middle appraisal of Market Base Rental Rate and the remaining appraisals shall then be averaged. If the Market Base Rental Rate is not established for the extended term prior to its commencement, Tenant shall continue to pay the applicable Base Rent required for the last full month of the Lease term until the appraisers have made their determination. The Market Base Rental Rate in question, when finally determined by the appraisers, shall be retroactive to the commencement of such Extension Termthe extension term, then Annual and the first Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon payment becoming due after the determination of the Annual applicable Market Base Rent, Rental Rate shall include the retroactive amounts of monthly Base Rent installments accrued and unpaid. In no event may either Landlord or Tenant elect not to extend the Lease based upon the Market Base Rental Rate established in accordance herewith. This option to extend may not be exercised and the Lease shall not be extended if Landlord has given Tenant shall make the appropriate adjustments together with interest at the Prime Ratenotice of default which default is not cured within any applicable cure periods or waived by Landlord.

Appears in 2 contracts

Samples: Office Lease (Wells Real Estate Fund Ix Lp), Office Lease (Gaiam Inc)

Option to Extend. (a) Provided that Subject to the terms and conditions set forth below, Tenant is not then in default may at its option extend the Term of its obligations under this Lease beyond any applicable cure or grace periodfor One (1) period of TEN (10) years. Such period is called the “Renewal Term.” The Renewal Term shall be upon the same terms contained in this Lease, the except that (i) Landlord shall have no obligation to provide Tenant with any Tenant Improvement Allowance or demolition in connection with the Renewal Term, (ii) the Base Rental during the Renewal Term shall be calculated as set forth below, and (iii) any reference in the Lease to the “Term” of the Lease shall be deemed to include the Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant shall have no additional extension options. The Base Rent during the Renewal Term shall be at the expiration then Fair Xxxxxx Rate (defined hereinafter) for such space for a term commencing of the Term, provided the Tenant has given the Landlord notice of its exercise first day of the option Renewal Term. “Market Rate” shall mean the then prevailing market rate for a comparable term commencing on the first day of the Renewal Term for tenants of comparable size and creditworthiness for comparable space in the Building and other Office buildings in the Alameda Area. In no event shall the Base Rent payable during the first (1st) year of the Renewal Term be less than the Base Monthly Rent of January 2025. Base Rent during the Renewal Term shall increase at four percent (4%) per year. To exercise any option, Tenant must deliver a binding written notice to extend at least Landlord not sooner than twelve (12) months nor later than six (6) months prior to the expiration of the TermInitial Term of this Lease. Thereafter, extend the Market Rate for the Renewal Term for shall be calculated by Landlord and Landlord shall inform Tenant of the Market Rate. If the parties cannot agree on the Market Rate within thirty (30) days following Landlord’s delivery of a further term statement of Fair Market Rent, the parties shall each, within ten (10) business days following the expiration of such thirty (30) day period, appoint a real estate broker (with at least 10 years experience in office leasing in Alameda) to determine the Market Rate, and each such broker will deliver its determination within ten (10) additional business days. If the lower of the two is within 90% of the higher of the two valuations, then the Market Rent shall be the average of the two. If a party fails to timely designate a broker, the broker designated by the other party will determine the Market Rate. If the lower of the two valuations Is less than 90% of the higher valuation, then the two brokers/appraisers originally selected by the parties shall, within five (5) years (business days, select a third broker/appraiser and shall present their final determinations of Market Rate to the “First Extension Term”) from the expiration of the Termthird broker/appraiser, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during third broker/appraiser shall pick one of those two as being the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) Market Rate. The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rentthird broker/appraiser shall be binding on the parties. If Tenant falls to timely give its notice of exercise, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratewill be deemed to have waived its option to extend.

Appears in 2 contracts

Samples: Lease (Penumbra Inc), Lease Agreement (Penumbra Inc)

Option to Extend. (a) Provided that the Landlord hereby grants Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the a single option to extend the Term of the Lease for an additional period of five (5) years (such period may be referred to as the “Option Term”), as to the entire Premises as it then exists, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise of such option (and each Option, if more than one Option is granted): (i) Tenant must be conducting regular, active, ongoing business in, and be in occupancy (and occupancy by a subtenant, licensee or other party permitted or suffered by Tenant shall not satisfy such condition) of at least seventy-five percent (75%) of the Premises; and (ii) there has been no material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease, as certified by Tenant’s chief executive officer or chief financial officer, and as supported by Tenant’s certified financial statements, copies of which shall be delivered to Landlord with Tenant’s written notice exercising its right hereunder. Without limiting the generality of the foregoing, Landlord may reasonably conclude there has been a material adverse change if Tenant’s chief executive officer or chief financial officer do not certify there has been no such change. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve (12) months prior to the expiration of Expiration Date and no later than the date which is nine (9) months prior to the Expiration Date. If Tenant either fails or elects not to exercise the Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void, including, if more than one Option is granted, the then applicable Option to Extend and all further Options to Extend. (c) The Option Term (and each Option Term, extend the Term for a further term of five (5if more than one Option is granted) years (the “First Extension Term”) from shall commence immediately after the expiration of the Term, preceding Term of the Lease. Tenant’s leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in this the Lease except extension options that (i) Tenant shall pay the “Option Term Rent”, defined and determined in the Annual Base manner set forth in the immediately following Subsection; (ii) the Security Deposit shall be increased to an amount that is the same percentage or proportion of Option Term Rent as the prior amount of Security Deposit was in relation to Rent for the Term prior to the Option Term, but in no event shall the Security Deposit be paid during decreased; and (iii) Tenant shall accept the First Extension TermPremises in its “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor, except to the extent tenants leasing space in Comparable Transactions receive an allowance pursuant to the definition of Fair Market Rental Rate defined in Exhibit D hereto, provided, however, Landlord by notice given to Tenant within thirty (30) days after final determination of the Fair Market Rental Rate, may elect to provide, in lieu of such allowance for alterations to the Premises, a rent credit equal to the amount of the allowance that would have otherwise been given, credited toward the rents applicable only to the Premises and due starting after such rent obligation commences. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the preceding Term as extended by the Option Term unless the context clearly requires otherwise. (bd) Provided that The Option Term Rent shall mean the Tenant is not then in default sum of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall Monthly Base Rent at the expiration Fair Market Rental Rate (as defined in Exhibit D) plus Rent Adjustments and/or certain Operating Expenses (if applicable, based upon a step-up to change the base year or base amount for calculation of Operating Expenses in connection with determination of the First Extension TermFair Market Rental Rate) plus other charges pursuant to the Lease payable to Landlord. The determination of Fair Market Rental Rate and Option Term Rent shall be made by Landlord, provided in the Tenant has given the Landlord notice good faith exercise of its Landlord’s business judgment. Within forty-five (45) days after Tenant’s exercise of the option to extend at least twelve (12) months prior to the expiration Option To Extend, Landlord shall notify Tenant of Landlord’s determination of the First Extension Term, extend the First Extension Fair Market Rental Rate and Option Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Tenant may, within fifteen (15) days after receipt thereof, deliver to Landlord a written notice either: (i) accepting Landlord’s determination, in which case the extension shall be effective and binding (subject to Subsection (f) below) at the accepted rate; or (ii) setting forth Tenant’s good faith estimate, in which case Landlord and Tenant will promptly confer and attempt to agree upon the Fair Market Rental Rate and Option Term Rent. Tenant’s failure to timely deliver such notice within such fifteen (15) day period shall be deemed its cancellation of the Option. In the event Tenant has delivered notice setting forth Tenant’s different estimate, but no agreement in writing between Tenant and Landlord on Fair Market Rental Rate and Option Term Rent is reached within thirty (30) days after Landlord’s receipt of Tenant’s estimate, the Fair Market Rental Rate shall be determined in accordance with the terms of Exhibit D. The Preceding Rent shall mean the sum of the Monthly Base Rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the Term preceding the Option Term plus the Rent Adjustments payable by Tenant under the Lease (if applicable, using the base year for calculation of Base Operating Expenses applicable for the last full month of the Term preceding the Option Term), plus other charges pursuant to the Lease payable to Landlord. To the extent that Tenant pays directly the utility or service provider for utilities or services which Tenant is to obtain directly pursuant to the Lease, Tenant shall continue to pay such amounts, but such amounts shall not be counted as part of the Preceding Rent or the Fair Market Rental Rate as used herein. (e) Promptly after final determination of the Fair Market Rental Rate, Landlord shall prepare a memorandum confirming the specific dates, amounts and terms of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend, in the form of an amendment to the Lease, and Tenant shall execute such amendment within five (5) business days after Landlord and Tenant agree to the form of the proposed amendment and Landlord shall execute it promptly after Tenant. Notwithstanding any of the foregoing to the contrary, the failure of Landlord to prepare such amendment or of either party to execute an amendment shall not affect the validity and effectiveness of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend. (f) Upon the occurrence of any of the following events, Landlord shall have not mutually agreed the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, whereupon any prior or subsequent exercise of this Option to Extend shall be of no force or effect: (i) Tenant’s failure to timely exercise or timely to perform the Option to Extend in strict accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of a Default on the amount part of Tenant under the Annual Base Rent at least three Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a Default. (3iii) months Tenant’s third Default under the Lease prior to the commencement of such Extension the Option Term, then Annual Base Rent notwithstanding that all such Defaults may subsequently be cured. (g) Without limiting the generality of any provision of the Lease, time shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rentessence with respect to all of the provisions of this Section. (h) This Option to Extend is personal to Guardant Health, Inc., a Delaware corporation, and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity except with respect to an assignment or sublease to a Permitted Transferee in accordance with the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateprovisions of Section 10.01(e).

Appears in 2 contracts

Samples: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)

Option to Extend. Landlord hereby grants to Tenant the option to extend the term of the Lease for one (1) consecutive two (2) year period (the “Extension Option”). If exercised, the term of the first Extension Option will commence on April 1, 2012. The Extension Option is granted subject to each and all of the following terms and conditions: (a) Provided Tenant shall give to Landlord on a date which is prior to the date that the Tenant is applicable option period would commence (if exercised) by at least one hundred eighty (180) days and not then in default of its obligations under this Lease beyond any applicable cure or grace periodmore than two hundred seventy (270) days, the Landlord shall at the expiration a written notice of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration Lease for said additional term, time being of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration essence. If notification of the Termexercise of an option is not so given and received, upon the same terms and conditions contained in this Lease except extension all options and the Annual Base Rent to be paid during the First Extension Termgranted hereunder shall automatically expire. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration All of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this of the Lease except extension options and the Annual Base Rent where specifically modified by this Amendment shall apply to be paid during the Second Extension Termeach option term. (c) The Annual monthly Base Rent payable during any Extension Term the applicable option term shall be the Current Market Rent Rate on the date the applicable option term commences. (d) The term “Market Rate” shall mean the annual amount per rentable square foot that a willing, comparable renewal tenant would pay and a willing, comparable landlord of a similar office building would accept at arm’s length for similar space, giving appropriate consideration to the Premises. If following matters: (i) annual rental rates per rentable square foot; (ii) the Landlord type of escalation clauses (including, but without limitation, operating expense, real estate taxes, and CPI) and the extent of liability under the escalation clauses (i.e., whether determined on a “net lease” basis or by increases over a particular base year or base dollar amount); (iii) rent abatement provisions reflecting free rent and/or no rent during the lease term; (iv) length of lease term; (v) size and location of premises being leased; and (vi) other generally applicable teens and conditions of tenancy for similar space; provided, however, Tenant have shall not mutually agreed on be entitled to any tenant improvement or refurbishment allowance. The Market Rate may also designate periodic rental increases, a new Base Year and similar economic adjustments. The Market Rate shall be the amount Market Rate in effect as of the Annual Base Rent at least three (3) months prior to beginning of the commencement of such Extension Termapplicable option period, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon even though the determination may be made in advance of that date, and the parties may use recent trends in rental rates in determining the proper Market Rate as of the Annual Base Rent, beginning of the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateoption period.

Appears in 2 contracts

Samples: Standard Business Park Lease (GLAUKOS Corp), Standard Business Park Lease (GLAUKOS Corp)

Option to Extend. (a) Provided that the Landlord hereby grants Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the a single option to extend at least twelve (12) months prior to the expiration initial Term of the Term, extend the Term Lease for a further term an additional period of five (5) years (such period may be referred to as the “First Extension Option Term”), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise of such right: (I) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease, as certified by Tenant’s independent certified public accountants, and as supported by Tenant’s certified financial statements, copies of which shall be delivered to Landlord with Tenants written notice exercising its right hereunder. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve months (12) months before the Expiration Date and no later than the date which is nine (9) months before the Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the Term, initial Term of the Lease. Tenant’s leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in this the Lease except extension options that (i) the Monthly Base Rent, plus payment of Tenant’s Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant’s obligation) shall be amended to equal the “Option Term Rent”, defined and determined in the Annual manner set forth in the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in its “AS-IS” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be paid during no further option or right to extend the First Extension Termterm of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (bd) Provided that The Option Term Rent shall mean the greater of (i) the Monthly Base Rent payable by Tenant is not then in default of its obligations under this Lease beyond any calculated at the rate applicable cure for the last full month of the initial Term, plus payment of Tenant’s Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or grace periodservice provider, which direct payments shall continue to be Tenant’s obligation) (collectively, “Preceding Rent”) or (ii) the “Prevailing Market Rent”. As used in this Section Prevailing Market Rent shall mean the rent and all other monetary payments, escalations and triple net payables by Tenant, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for a term equal to the Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking Into account the following: the size, location and floor levels of the Premises; the type and quality of tenant improvements (including Tenant’s Improvements); age and location of the Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for new leases of space comparable to the Premises in the Project and in comparable buildings in the mid- Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for “Tenant Concessions” (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the preceding sentence, the Landlord term’ “Tenant Concessions” shall at include, without limitation, so-called free rent, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the expiration foregoing criteria shall be made by Landlord, in the good faith exercise of the First Extension Term, provided the Tenant has given the Landlord notice of its Landlord’s business judgment. Within thirty (30) days after Tenant’s exercise of the option to extend at least twelve (12) months prior to the expiration Option To Extend, Landlord shall notify Tenant of the First Extension Term, extend the First Extension Landlord’s determination of Option Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Landlord’s determination of Prevailing Market Rent is greater than the Landlord Preceding Rent, and the Tenant have not mutually agreed on if Tenant, in Tenant’s sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the Annual Base Rent exercise of the option by giving written notice thereof to Landlord within thirty (30) days after notice of Landlord’s determination of Prevailing Market Rent. (e) This Option to Extend is personal to Codex’s Inc. and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity except for a Tenant Affiliate. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at least three any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (3i) months Tenant’s failure to timely exercise the Option to Extend in accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of any default on the part of Tenant under the Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a default. (iii) Tenants third default under the Lease prior to the commencement of such Extension the Option Term, then Annual Base Rent notwithstanding that all such defaults may subsequently be cured. In the event of Landlord’s termination of the Option to Extend pursuant to this Section, Tenant shall reimburse Landlord for all costs and expenses Landlord incurs in connection with Tenants exercise of the Option to Extend including, without limitation, costs and expenses with respect to any brokerage commissions and attorneys’ fees, and with respect to the design, construction or making of any tenant improvements, repairs or renovation or with respect to any payment of all or part of any allowance for any of the foregoing. (g) Without limiting the generality of any provision of the Lease, time shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, essence with respect to all of the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateprovisions of this Section.

Appears in 2 contracts

Samples: Lease Agreement (Codexis Inc), Lease Agreement (Codexis Inc)

Option to Extend. (a) Provided that Tenant shall have the Tenant is not then in default right, to be exercised as hereinafter provided, to extend the term of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration for 1 period of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term of five (5) 3 years (the First Extension Term”) from ), on the expiration of the Term, upon the same following terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior subject to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) limitations hereinafter set forth. The Annual Base Rent during any Extension Term shall be upon the Current same terms, covenants and conditions as in this Lease, except that Basic Rent shall be the Fair Market Basic Rent for the Premises. If the Landlord and the Tenant have not mutually agreed such space on the amount date such Extension Term shall commence. Tenant shall notify Landlord of its desire to extend the Annual Base Rent term for the Extension Term by notifying Landlord in writing (the “Extension Notification”) at least three (3) 9 months prior to the commencement date of such the Extension Term; if Tenant fails to timely deliver the Extension Notification to Landlord, then Annual Base Rent Tenant’s option to extend shall be decided in the manner set out in Section 3.3automatically terminate. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination Upon Landlord’s receipt of the Annual Base RentExtension Notification, the Landlord and the Tenant shall make a good faith effort to agree upon the Fair Market Basic Rent of the Premises for the Extension Term. “Fair Market Basic Rent” shall mean that net annual basic rent per rentable square foot of the Premises as of the commencement of the Extension Term that a willing credit-worthy tenant would pay and that a willing landlord would accept in an arms length bona fide negotiation for space comparable to the Premises in condition, quality, size and location, with neither party under a compulsion for the appropriate adjustments together with interest at term. In determining “Fair Market Basic Rent,” the Prime Rateparties shall consider rental rates, rent concessions, and other economic terms that a comparable landlord, acting reasonably and in good faith, is then offering or would then offer, to a lessee similar to Tenant for a similar term. In the event that Landlord and Tenant fail to agree upon the Fair Market Basic Rent within 90 days of Landlord’s receipt of the Extension Notification, then Tenant’s extension right shall automatically terminate. Tenant’s option to extend as set forth in this Section shall be contingent upon this Lease being in full force and effect and Tenant not being in default in the performance of any of the terms, covenants and conditions herein contained in respect to a matter as to which notice of default has been given hereunder which has not been remedied within the time limited in this Lease.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Option to Extend. (a) Provided that the If Tenant is not then in default Default hereunder on the last day of its obligations under the initial Lease Term hereof, Tenant shall have the option (hereinafter called the "Option") to extend the initial Lease Term hereof for a period of ten (10) years after the last day of the initial Lease Term (herein called the "Extended Lease Term"), upon the same terms and conditions provided in this Lease beyond any applicable cure Lease, except for the Minimum Annual Rent, rent escalations and tenant improvement allowances, collectively, which shall be at fair market rental rate as determined below. The Option shall be exercised by written notice from Tenant to Landlord given on or grace period, before the Landlord shall at date that is six (6) months prior to the expiration of the initial Lease Term. A. The Annual Base Rental rate under this Lease for the Extended Lease Term shall be determined as follows: (i) Within fifteen (15) days following Tenant's written request, provided the Tenant has given the Landlord notice of its exercise of the option to extend made at least nine (9) months, but not more than twelve (12) months prior to the expiration of the initial Lease Term, extend stating that Tenant is considering exercising its Option, Landlord shall deliver written notice to Tenant of Landlord's estimation of the fair market rental rate and shall thereafter negotiate in good faith with Tenant in an attempt to agree upon such fair market rental rate. The Minimum Annual Rent under this Lease for the Extended Lease Term shall be an amount equal to the then "fair market rental rate", as hereinafter defined, as agreed upon by Landlord and Tenant not later than forty-five (45) days after Tenant's delivery to Landlord of its preliminary notice. In the event Landlord and Tenant are unable to agree upon the definition of the fair market rental rate within such forty-five (45) day period, then the Minimum Annual Rent for the Extended Lease Term shall be the then "fair market rental rate" determined by arbitration as provided below. The term "fair market rental rate shall mean the annual rental rate (projected to the date of the commencement of the Extended Lease Term) which Tenant would expect to pay and Landlord would expect to receive under renewal leases for space of comparable size and quality to the Leased Premises for comparable office buildings in the same submarket area and as provided for in, and upon terms and conditions comparable to, this Lease covering renewal lease premises similar to the Leased Premises and taking into account the direct operating expenses payable by Tenant during the Extended Lease Term, concessions offered by landlords, if any, for such comparable renewal lease space to the Leased Premises, commissions paid, lack of any leasing "downtime", increases in base rent and operating expenses and all other relevant factors. If Landlord and Tenant have not reached agreement on a further term fair market rental rate within forty-five (45) days after Tenant's delivery to Landlord of Tenant's preliminary notice, then, within ten (10) days after that date, each party shall appoint and employ, a qualified real estate professional with at least five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months years' experience immediately prior to the expiration date in question, to appraise and establish the "fair market rental rate" for renewal leases. The two real estate professionals, thus appointed, shall meet promptly and attempt to agree upon and establish said rate or, upon failing to do so, shall then jointly designate a third real estate professional within ten (10) days of the First Extension Termappointment of the last two real estate professionals. If they are unable to agree upon the third real estate professional, extend either of the First Extension Term for a further term of parties, after giving five (5) years (days' notice to the “Second Extension Term”) from the expiration other, may apply to judge of the TermSuperior Court of Gwinnett County, upon the same terms Georgia (to whose jurisdiction for this limited purpose both Landlord and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (cTenant hereby consent) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premisesselection of a third real estate professional. If the Landlord and the Tenant have not mutually agreed on the amount Each of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant parties shall pay the monthly Rent requested cost of its own real estate professional and each bear one-half (1/2) of the cost of the third real estate professional. Within thirty (30) days after the selection of the third real estate professional, the third real estate professional shall select as "fair market rental rate" either the rate suggested by Landlord's real estate professional or the Landlord andrate suggested by Tenant's real estate professional, upon but no other amount. In any of said events, the determination of the Annual Base Rentso chosen shall be final, the conclusive and binding upon both Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateTenant.

Appears in 2 contracts

Samples: Office Lease Agreement (KMC Telecom Holdings Inc), Office Lease Agreement (KMC Telecom Holdings Inc)

Option to Extend. The addendum to the Lease captioned “Option to Extend Addendum” is hereby deleted in its entirety. Landlord hereby grants to Tenant the options to extend the term of this Lease for the periods (the “Option Periods”) (1) from December 1, 2010 to November 30, 2015, and (2) from December 1, 2015 to November 30, 2020, under the following terms and conditions. (a) Provided that the In order to exercise an option to extend, Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord must give written notice of its exercise of such election to Landlord and Landlord must receive the option to extend at least twelve same by no later than twenty four (1224) months prior to the expiration of the Term, extend the Term for a further term of five (5) years date (the “First Extension TermLast Exercise Date”) from that the expiration applicable Option Period would commence, but not earlier than thirty (30) months prior to the date that the applicable Option Period would commence. If proper notification of the Termexercise of an option is not given and/or received, upon such option shall automatically expire. The renewal options may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the same terms importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not to exercise the option. Upon the exercise of an option to extend, both parties shall execute an amendment to the Lease evidencing the renewal thereof and conditions contained in this Lease except extension options and setting forth the Annual new Base Rent (as determined pursuant to be paid during Section 8(c) below) no later than eighteen (18) months prior to the First Extension Termdate that the applicable Option Period would commence. (b) Provided that the Tenant shall have no right to exercise an option (i) if Tenant is not then in default of its obligations under this Lease beyond any applicable cure Default. or grace period, (ii) if during the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to month period immediately preceding the expiration exercise of the First Extension Termoption, extend the First Extension Term for a further term three (3) or more Defaults have occurred which were not cured within any applicable notice or grace period. The period of five (5) years (the “Second Extension Term”) from the expiration time within which an option may be exercised shall not be extended or enlarged by reason of Tenant’s inability to exercise an option because of the Term, upon the same terms and conditions contained in provisions of this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Termparagraph. (c) The Annual Base Rent during If an option to extend is exercised, all of the terms and conditions of this Lease shall apply, except that (i) Landlord shall not be required to grant any Extension Term shall be the Current Market Rent for allowance or perform any tenant improvement work in the Premises. If the Landlord , and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3ii) months prior to the commencement of such Extension Termfor each Option Period, then Annual Base Rent shall be decided adjusted to equal fair market rent. After an option to renew is exercised, Landlord and Tenant shall negotiate in good faith to determine the manner set out in Section 3.3. Until the Annual Base Rent has been determinedfor the applicable Option Period. If agreement cannot be reached within thirty (30) days, the then Landlord and Tenant shall pay each, no later than sixty (60) days after the monthly Rent requested by date of exercise of the Landlord andoption, upon the make a reasonable determination of the Annual fair market rental for the Premises for the applicable Option Period and submit such determination, in writing, to arbitration in accordance with the following provisions: (i) No later than ninety (90) days after the option to renew is exercised, Landlord and Tenant shall each select an industrial leasing broker to act as an arbitrator. The two arbitrators so appointed shall, no later then one hundred twenty (120) days after the option to renew is exercised, select a third mutually acceptable industrial leasing broker to act as a third arbitrator. (ii) The three arbitrators, acting by a majority, shall no later then one hundred fifty (150) days after the option to renew is exercised, determine the actual fair market rental for the Premises for the Option Period. The decision of a majority of the arbitrators shall be binding on the parties. The fair market rental determination of Landlord or Tenant which is closest to the fair market rental as determined by the arbitrators shall be the Base RentRent for the Option Period. (iii) If either of the parties fails to appoint an arbitrator within the period required by this Addendum, the Landlord arbitrator timely appointed shall determine the Base Rent for the Option Period. (iv) The entire cost of such arbitration shall be paid by the party whose fair market rental submission is not selected. (d) The renewal options set forth herein are personal to Tenant, cannot be assigned or exercised by anyone other than Tenant and only while Tenant is in full possession of the Tenant shall make Premises and without the appropriate adjustments together with interest at the Prime Rateintention of thereafter assigning or subletting.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Neos Therapeutics, Inc.), Commercial Lease Agreement (Neos Therapeutics, Inc.)

Option to Extend. (a) Provided that Subject to the terms and conditions set forth below, Tenant is not then in default may at its option extend the Terms of its obligations under this Lease beyond any applicable cure or grace periodfor One (1) period of three (3) years. Such period is called the “Renewal Term.” The Renewal Term shall be upon the same terms contained in this Lease, the except that (i) Landlord shall have no obligation to provide Tenant with any Tenant Improvement Allowance or demolition in connection with the Renewal Term, (ii) the Base Rental during the Renewal Term shall be calculated as set forth below, and (iii) any reference in the Lease to the “Term” of the Lease shall be deemed to include the Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant shall have no additional extension options. The Base Rent during the Renewal Term shall be at the expiration then fair market rate (defined hereinafter) for such space for a term commencing of the Term, provided the Tenant has given the Landlord notice of its exercise first day of the option Renewal Term. “Market Rate” shall mean the then prevailing market rate for a comparable term commencing on the first day of the Renewal Term for tenants of comparable size and creditworthiness for comparable space in the Building and other R&D/Office buildings in the East Embarcadero area of Palo Alto Area. In no event shall the rent be less than the 60th month’s rent. To exercise any option, Tenant must deliver a binding written notice to extend at least twelve Landlord not sooner than ten (1210) months nor later than three (3) months prior to the expiration of the Term, extend the initial Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodLease. Thereafter, the Landlord shall at Market Rate for the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Renewal Term shall be first determined by Landlord and Landlord shall inform Tenant of the Current Landlord’s opinion of Market Rent for the PremisesRate. If the Landlord and the Tenant have parties cannot mutually agreed agree on the amount Market Rate, the parties shall each appoint a real estate broker or appraiser (with at least 10 years experience in R&D leasing in Silicon Valley) to determine the Market Rate. If the lower of the Annual Base Rent at least three (3) months prior to two is within 95% of the commencement higher of such Extension Termthe two valuations, then Annual Base the Market Rent shall be decided in the manner set out in Section 3.3average of the two. Until If the Annual Base Rent has been determinedlower of the two valuations is less than 95% of the higher valuation, then the Tenant shall pay the monthly Rent requested two brokers/appraisers originally selected by the Landlord andparties shall select a third broker/appraiser who shall present their final determination of Market Rate to the third broker/appraiser, upon and the third broker/appraiser shall pick one of those two as being the Market Rate. The determination of the Annual Base Rentthird broker/appraiser shall be binding on the parties. The market rent shall be determined within 60 days of the date of Tenant’s exercise of its option. If Tenant fails to timely give its notice of exercise, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratewill be deemed to have waived its option to extend.

Appears in 2 contracts

Samples: Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc)

Option to Extend. Provided that (a) Provided that the this Lease is in full force and effect and Tenant is not then in default of its obligations under this Lease beyond any applicable notice and cure or grace period, periods under any of the Landlord shall other terms and conditions of this Lease at the expiration time of the Termnotification and commencement, provided the and (b) Reveal Imaging Technologies, Inc. has not assigned this Lease except to a Permitted Transferee, Tenant has given the Landlord notice of its exercise of the shall have one (1) option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term this Lease for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon on the same terms and conditions contained set forth in this Lease the Lease, except extension options as modified by the terms, covenants and conditions as set forth below: 40.1 If Tenant elects to exercise said option, then Tenant shall provide Landlord with written notice no earlier than the Annual Base Rent date which is fifteen (15) months prior to be paid during the First Extension Term. (b) Provided that Termination Date, but no later than the Tenant date which is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration Termination Date. If Tenant fails to provide such written notice, Tenant shall have no further or additional right to extend or renew the term of the First Lease. 40.2 The Annual Rent and Monthly Installment in effect as of the day immediately preceding the Termination Date shall be increased to reflect the current fair market rental for comparable space in the Building and in other similar buildings in the same rental market as of the date the Extension TermTerm is to commence, taking into account the specific provisions of the Lease which will remain constant. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment for the Premises no later than thirty (30) days after receipt of Tenant’s notice to extend the First Extension Term Term. Said notification of the new Annual Rent and Monthly Installment may include a provision for its escalation to provide for a further term change in fair market rental between the time of five notification and the commencement of the extension term. If Tenant and Landlord are unable to agree on a mutually acceptable rental rate not later than ninety (590) years days following Tenant’s notice to Landlord to extend the Term (the “Second Extension TermRescission Deadline”) from then Tenant may rescind such notice to extend by providing Landlord with written notice of such rescission on or before the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least date which is three (3) months prior business days following such Rescission Deadline (the “Rescission Notice Deadline”) or, at Tenant’s option (which will be deemed to have been chosen if Tenant fails to provide Landlord with such notice of rescission on or before the commencement Rescission Notice Deadline), Landlord and Tenant shall each appoint a qualified MAI appraiser doing business in the area, in turn those two (2) independent MAI appraisers shall appoint a third (3rd) MAI appraiser and the majority shall decide upon the fair market rental for the Premises as of such Extension Term, then Annual Base Rent the Termination Date. Landlord and Tenant shall equally share in the expense of this appraisal. 40.3 This option is not transferable except to a Permitted Transferee; the parties hereto acknowledge and agree that they intend that the aforesaid option to extend this Lease shall be decided “personal” to Tenant as set forth above and that in no event will any assignee or sublessee other than a Permitted Transferee have any rights to exercise the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateaforesaid option to extend.

Appears in 2 contracts

Samples: Sublease (ConforMIS Inc), Sublease (ConforMIS Inc)

Option to Extend. (a) Provided Landlord hereby grants Tenant a single option to extend the Term of the Lease for an additional period of seven (7) years (such period may be referred to as the “Option Term”), as to the entire Premises as it then exists, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration time of exercise of such Option to Extend Tenant must be conducting regular, active, ongoing business in, and be in occupancy (and occupancy by a subtenant, licensee or other party permitted or suffered by Tenant shall not satisfy such condition) of at least seventy-five percent (75%) of the Term, provided Rentable Area of the Tenant has given the Landlord notice of its Premises. Upon exercise of the option Option to extend at least Extend, Tenant shall deliver to Landlord copies of its most recent certified financial statements and, to the extent there has been a material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease, Landlord may require that, in addition to increasing the Letter of Credit to reflect the increase in the rent due during the Option Term, Tenant increase the Letter of Credit to provide additional security on account of the adverse change in Tenant’s financial position. Without limiting the generality of the foregoing, Landlord may reasonably conclude there has been a material adverse change if Tenant does not timely provide a copy of its most recent certified financial statement. (b) Tenant’s election (the “Extension Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is fifteen (15) months prior to the Expiration Date and no later than the date which is twelve (12) months prior to the expiration of Expiration Date. If Tenant either fails or elects not to exercise the Option to Extend by not timely giving its Extension Election Notice, then the Option to Extend shall be null and void, including, if more than one Option is granted, the then applicable Option to Extend and all further Options to Extend. (c) The Option Term (and each Option Term, extend the Term for a further term of five (5if more than one Option is granted) years (the “First Extension Term”) from shall commence immediately after the expiration of the Term, preceding Term of the Lease. Tenant’s leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in this the Lease except extension options that (i) Tenant shall pay the “Option Term Rent”, defined and determined in the Annual Base Rent manner set forth in the immediately following Subsection; and (ii) Tenant shall accept the Premises in its “AS IS” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor, except to the extent tenants leasing space in Comparable Transactions receive an allowance pursuant to the definition of Fair Market Rental Rate defined in Exhibit F hereto, provided, however, the parties may mutually agree within thirty (30) days after final determination of the Fair Market Rental Rate, to apply, in lieu of such allowance for alterations to the Premises, a rent credit equal to the amount of the allowance that would have otherwise been given, credited toward the rents applicable only to the Premises and due starting after such rent obligation commences. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be paid during deemed to mean the First Extension Termpreceding Term as extended by the Option Term unless the context clearly requires otherwise. (bd) Provided that The Option Term Rent shall mean the Tenant is not then in default sum of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall Monthly Base Rent at the expiration Fair Market Rental Rate (as defined in Exhibit F) plus Rent Adjustments and/or certain Operating Expenses (if applicable, based upon a step-up to change the base year or base amount for calculation of Operating Expenses in connection with determination of the First Extension TermFair Market Rental Rate) plus other charges pursuant to the Lease payable to Landlord. The determination of Fair Market Rental Rate and Option Term Rent shall be made by Landlord, provided in the Tenant has given the Landlord notice good faith exercise of its Landlord’s business judgment. Within thirty (30) days after Tenant’s exercise of the option to extend at least twelve (12) months prior to the expiration Option To Extend, Landlord shall notify Tenant of Landlord’s determination of the First Extension Term, extend the First Extension Fair Market Rental Rate and Option Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Tenant may, within fifteen (15) days after receipt thereof, deliver to Landlord a written notice either: (i) accepting Landlord’s determination, in which case the extension shall be effective and binding (subject to Subsection (f) below) at the accepted rate; or (ii) setting forth Tenant’s good faith estimate, in which case Landlord and Tenant will promptly confer and attempt to agree upon the Fair Market Rental Rate and Option Term Rent. Tenant’s failure to timely deliver such notice within such fifteen (15) day period shall be deemed its cancellation of the Option. In the event Tenant has delivered notice setting forth Tenant’s different estimate, but no agreement in writing between Tenant and Landlord on Fair Market Rental Rate and Option Term Rent is reached within thirty (30) days after Landlord’s receipt of Tenant’s estimate, the Fair Market Rental Rate shall be determined in accordance with the terms of Exhibit F. (e) Promptly after final determination of the Fair Market Rental Rate, Landlord shall prepare a memorandum confirming the specific dates, amounts and terms of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend, in the form of an amendment to the Lease, and Tenant shall execute such amendment within five (5) business days after Landlord and Tenant agree to the form of the proposed amendment and Landlord shall execute it promptly after Tenant. Notwithstanding any of the foregoing to the contrary, the failure of Landlord to prepare such amendment or of either party to execute an amendment shall not affect the validity and effectiveness of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend. (f) Upon the occurrence of any of the following events, Landlord shall have not mutually agreed the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, whereupon any prior or subsequent exercise of this Option to Extend shall be of no force or effect: (i) Tenant’s failure to timely exercise or timely to perform the Option to Extend in strict accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of a Default on the amount part of Tenant under the Annual Base Rent at least three Lease. (3iii) months Tenant’s third Default under the Lease prior to the commencement of such Extension the Option Term, then Annual Base Rent notwithstanding that all such Defaults may subsequently be cured. (g) Without limiting the generality of any provision of the Lease, time shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rentessence with respect to all of the provisions of this Section. (h) This Option to Extend is personal to Accolade, Inc., a Delaware corporation, and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity, except a Permitted Transferee which is an assignee of the Landlord Lease and which has satisfied the Tenant shall make the appropriate adjustments together with interest at the Prime Raterequirements of Sections 10.01 and 10.05 of this Lease.

Appears in 2 contracts

Samples: Office Lease (Accolade, Inc.), Office Lease (Accolade, Inc.)

Option to Extend. (a) Provided that the So long as Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of applicable notice and cure periods, Tenant shall have an option to renew the Term, provided terms and conditions of the Lease for one (1) five (5) year period upon the same terms and conditions contained herein except for rental. Tenant has given the shall provide Landlord notice of its exercise of the option to extend at least twelve (12“Tenant’s Notice”) in writing not less than nine (9) months prior to the expiration of the Termterm hereof of its intention to exercise said option, extend in which event the Term Base Rent for such renewal period shall be equal to the fair market rental then being charged in the West Suburban East West Corridor in comparable buildings for a renewal lease of comparable size and condition of space, taking into consideration all relevant factors, including but not limited to creditworthiness of Tenant, amenities, location, submarkets, duration of term, commissions, operating costs, tenant improvements, and other incentives, if any. Failure to so elect in the manner and time aforesaid shall render such option null and void and of no further term of five force or effect. Landlord shall reply to such Xxxxxx’s notice within thirty (530) years days from receipt thereof setting forth the rent and other relevant terms (the First Extension TermRenewal Terms”) from for the expiration applicable renewal period. If Landlord fails to reply with Xxxxxxxx’s determination of the TermRenewal Terms for the applicable renewal period within such thirty (30) day period, upon or if Tenant does not agree with Landlord’s determination of the same terms and conditions contained Renewal Terms for the applicable renewal period, Tenant may elect to withdraw its exercise said option, in which event this Lease except extension options and shall expire on the Annual Base Rent to be paid during last day of the First Extension TermLease Term or the applicable shall expire renewal term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of not withdrawn its exercise of said option, the option parties shall have thirty (30) days from the date of Landlord’s response to extend Xxxxxx’s notice to agree on the proposed Renewal Terms. In the event the parties are unable to agree upon the Renewal Terms within such thirty (30) day period of Tenant’s exercise, the parties shall then proceed as follows: within twenty (20) days after the end of said thirty (30) day period, each party shall appoint an MAI appraiser who shall be licensed in the State of Illinois and specializes in evaluation of commercial real estate and office rents in the West Suburban East West Corridor area for property of similar age, size, and location, and has at least twelve ten (1210) months prior to years experience. Such two (2) MAI appraisers shall each determine within thirty (30) days after their appointment the expiration amount of the First Extension Termfair market rent based upon the Renewal Terms for renewal transactions to be in effect during the subject extended term. If the two (2) MAI appraisers chosen by the parties are unable to agree on fair market rent, extend then the First Extension Term for a further term of two (2) MAI appraisers shall, within five (5) years days after conclusion of such twenty (20) day period, together, appoint a third similarly qualified MAI appraiser. The third MAI appraiser shall, within ten (10) days after his or her appointment, review the “Second Extension Term”reports prepared by the first two (2) from the expiration MAI appraisers, conduct such additional analysis as may be appropriate, and make a determination of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual fair market rent. The annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If allocable extended period shall be equal to the Landlord and the Tenant have not mutually agreed on the amount average of the Annual Base Rent at least three two (32) months prior to the commencement of determinations which are closest together, and such Extension Term, then Annual Base Rent determination shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determinedfinal, the Tenant shall pay the monthly Rent requested by the Landlord andbinding, and conclusive upon the determination parties hereto. The parties shall execute an amendment to this Lease incorporating such terms. Each party shall bear the cost of its MAI appraiser and shall equally share the cost of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratethird MAI appraiser.

Appears in 2 contracts

Samples: Office Lease (Ameriquest, Inc.), Office Lease (Ameriquest, Inc.)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the Upon expiration of the Termprimary term of this Lease, provided the Tenant has given the Landlord notice of its exercise of the is granted an option to extend at least twelve the term of this Lease for two (122) months additional sixty (60) month periods, each (each an “extension term”) upon the same terms and conditions as are included in this Lease, subject, however, to renegotiation of the rent provided in paragraph 4 of this Lease. The primary term and the extension terms will be collectively referred to in this Lease as the “term.” Tenant shall notify Landlord within not less than one hundred twenty (120) days prior to the expiration of the Term, extend the Term for a further primary term of five (5) years (the “First Extension Term”) from this Lease or prior to the expiration of each extension term of Tenant’s exercise of its option to extend this Lease, provided that in the Termcircumstances described in paragraph 13, upon the same terms options to extend the term may be exercised earlier as provided in paragraph 13, and conditions contained if the option to extend is exercised earlier as provided in paragraph 13, nevertheless, the rental payable as provided in paragraph 4 shall be determined at the time and in the manner provided in paragraph 4 and this Lease except extension options paragraph 3. During the following sixty (60) day period, Tenant and Landlord shall negotiate and arrive at an agreement or disagreement of the Annual Base Rent amount of rent to be paid during the First Extension Term. (b) Provided that the applicable extension term. If Landlord and Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, agree upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent rent to be paid during the Second Extension Term. applicable extension term, Landlord and Tenant shall at the end of the sixty (c60) The Annual Base Rent during any Extension Term day period enter into a new written lease or an amendment agreement setting forth the amount of rental Tenant shall be the Current Market Rent required to pay pursuant paragraph 4 for the Premisesapplicable extension term and any other additional terms to which Landlord and Tenant have agreed. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (60) day period of negotiations, a fair market appraisal comparison of comparable properties will be completed by an independent party upon which the Landlord and the Tenant have not mutually agreed on may use to negotiate the amount of rent to be paid during the Annual Base Rent at least three applicable extension term. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (360) months prior day period of negotiations, either Landlord or Tenant may, by written notice to the commencement other party given within the ensuing thirty (30) day period, elect to invoke the arbitration provisions of such Extension Term, then Annual Base Rent this Lease to determine the rent Tenant shall be decided in required to pay pursuant to paragraph 4 for the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateapplicable extension term.

Appears in 2 contracts

Samples: Lease Agreement (Rightnow Technologies Inc), Lease Agreement (Rightnow Technologies Inc)

Option to Extend. (a) Provided that the Tenant is not then in default pursuant to the terms of its obligations under the Lease at the relevant time and provided that Tenant has not effected any assignment of this Lease beyond or sublet any applicable cure or grace periodpart of the Leased Premises, the Landlord Tenant shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of have the option to extend at least twelve (12) months prior to the expiration Term of the Term, extend Lease (the Term “Option to Extend”) for a further an additional term of five (5) years (the “First Extension Term”) from the expiration of the Term), upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, exercised by prior written notice to the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least no later than twelve (12) months but no earlier than eighteen (18) months prior to the expiration expiry date of the First Extension TermLease, extend whereupon the First Extension Term Lease shall be extended for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon such additional period on the same terms and conditions contained in this Lease conditions, except extension options and that: (i) there shall be no further option to extend or right to renew the Annual Base Rent Lease; (ii) there shall be no pre-occupancy periods, free rent period, rental credit, allowances or leasehold improvements to be paid effected by Landlord or other inducements whatsoever; (iii) the Tenant shall accept the Leased Premises “as is, where is” without any work to be performed by Landlord; and (iv) the annual rate of Basic Rent during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be at the Current Market then current market rental, for similar space as the Leased Premises in similar buildings in the vicinity of the Building but shall not be less than the Basic Rent for payable by the Tenant during the last year of the initial Term of the Lease. In the event Tenant does not exercise its Option to Extend by prior written notice to the Landlord within the prescribed delay indicated above, the Option to Extend will be null and void and of no further effect. The rights granted under this Option to Extend are personal to PHARMASCIENCE INC. and shall subsist and apply so long as PHARMASCIENCE INC. is occupying and operating the entire Leased Premises and has not assigned the Lease or sublet the Leased Premises. If These rights may not be transferred or assigned by the Landlord and Tenant. In the Tenant have not mutually agreed event that the parties fail for any reason to agree in writing on the amount of Basic Rent to be applied during the Annual Base Rent Extension Term at least three (3) months prior to its commencement, Landlord and Tenant will, within fifteen (15) days thereafter, exchange final sealed written offers, each quoting the commencement of annual Basic Rent which the party who makes the offer considers to be applicable for the Extension Term. If a party fails to submit its offer within such delay, the offer submitted by the other party will prevail for all intents and purposes in order to determine the Basic Rent to apply during such Extension Term. If the Tenant’s offer exceeds Landlord’s offer, then Annual Base the offer submitted by Tenant will prevail for all intents and purposes in order to determine the Basic Rent shall to apply during such Extension Term. If Landlord’s offer does not exceed Tenant’s offer by more than ten percent (10%) then the Basic Rent in question will be decided the arithmetic average of Landlord’s and Tenant’s offered annual rental rates. If Landlord’s offer exceeds Tenant’s offer by more than ten percent (10%), Tenant will have the right, within ten (10) days after the expiration of such fifteen (15) day delay, to either advise Landlord in writing that it has elected to withdraw its offer and has accepted Landlord’s offer, to proceed with arbitration or to cancel its Option to Extend and vacate the manner set out in Section 3.3. Until Leased Premises at the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination expiry date of the Annual Base RentTerm, without any further right or recourse by one party against the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateother.

Appears in 2 contracts

Samples: Lease (Repare Therapeutics Inc.), Lease (Repare Therapeutics Inc.)

Option to Extend. (a) Provided that the Tenant is not then no Event of Default shall have occurred which remains uncured and provided that Lessee shall be in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration possession of the Termleased property, provided Lessee shall have the Tenant has right, exercisable by given the Landlord written notice of its exercise of the option ("First Renewal Notice") thereof to extend Lessor at least nine (9) months but not before twelve (12) months prior to the expiration of the Termoriginal term of this Lease, to extend the Term for a further term of five this Lease for an additional term of thirty-six (536) years calendar months (the “"First Extension Term”Renewal Period") from the expiration upon all of the Termterms, upon the same terms covenants and conditions contained in this Lease Lease, except extension options and that the Annual Base annual fixed rent shall be Market Rent. Market Rent to be paid during for the First Extension Term.Renewal Period shall be determined as follows: (bi) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration After timely receipt by Lessor of the First Extension TermRenewal Notice, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve Lessor and Lessee shall have a period which will end sixty (1260) months days prior to the expiration of the First Extension Term, extend original term of this Lease ("Initial Rent Determination Period") in which to agree on Market Rent for the First Extension Term Renewal Period. If Lessor and Lessee agree on Market Rent for the First Renewal Period, then they shall immediately execute an amendment to this Lease stating and incorporating such agreed upon Market Rent. (ii) If Lessor and Lessee are unable to agree on Market Rent for the First Renewal Period, subject to the limitation set forth in subsection (iv) below, Lessor and Lessee shall proceed as follows: (1) Not later than ten (10) days after the expiration of the Initial Rent Determination Period, each party shall appoint an appraiser ("Appraiser") and notify the other party of such appointment by identifying the appointee; provided, however, that if either party fails to give notice of its designation of an Appraiser within such ten (10) day period, the appraiser designated by the other party shall act as the sole Appraiser and shall 29 determine Market Rent for the First Renewal Period. For purposes of this Lease, an "Appraiser" means a further term Michigan licensed MAI appraiser who (i) shall be an independent, disinterested party (i.e. the appraiser shall not be an affiliate of any party and the total fees paid to the appraiser by any party and affiliates of any party during the preceding five (5) years shall not exceed one (the “Second Extension Term”1%) from the expiration percent of the Termappraiser's gross income for such period), upon and (ii) shall have not less than five (5) years experience in appraising properties comparable to the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Termleased premises. (c2) The Annual Base Rent during any Extension Term Not later than twenty (20) days after both Appraisers are appointed, the two appraisers shall be determine, in accordance with standard appraisal practices and procedures and the Current requirement of this Lease, the Market Rent for the Premises. If First Renewal Period, and their decision shall be final and binding upon the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three parties. (3) months prior If the two Appraisers are unable to agree on Market Rent for the commencement of such Extension TermFirst Renewal Period within twenty (20) days after appointment, then Annual Base the Appraisers shall inform the parties. Unless the parties shall both otherwise then direct, the appraisers shall select a third Appraiser, not later than ten (10) days after the expiration of said twenty(20) day period. If no third Appraiser is selected within such ten (10) day period, then either party may request the then president of the board of realtors for the Plymouth, Michigan, area (or any similar organization) to appoint the third appraiser. The third Appraiser shall have the qualifications set forth in subsection (ii) (1) above. Within twenty (20) days after appointment, the third appraiser shall determine Market Rent for the First Renewal Period in accordance with standard appraisal practices and procedures and the requirements of this Lease and the Market Rent shall be decided the average of the two closest appraisals. (4) Each party shall be responsible for the costs, charges and/or fees of its Appraiser and the parties shall share equally in the manner set out in Section 3.3. Until the Annual Base Rent has been determinedcosts, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination charges and/or fees of the Annual Base third Appraiser. The decision of the Appraiser(s) shall be stated and incorporated into an amendment to this Lease, which shall be executed by both parties. (iii) The term "Market Rent" shall mean the annual amount of fixed rent that a willing, comparable, non-equity, non-expansion tenant would pay and a willing, comparable owner of an warehouse facility in Plymouth, Michigan comparable to the Landlord leased premises would accept, at arm's length, on a "net lease" basis, giving appropriate consideration to brokerage commissions, if any, length of lease term, size and location of the Tenant shall make leased premises, and any other generally applicably terms and conditions for tenancy of industrial facilities similar to the appropriate adjustments together with interest at the Prime Rateleased premises.

Appears in 2 contracts

Samples: Lease Agreement (Spartan Stores Inc), Lease Agreement (Spartan Stores Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the Upon expiration of the Termprimary term of this Lease, provided the Tenant has given the Landlord notice of its exercise of the is granted an option to extend at least twelve the term of this Lease for three (123) months additional sixty (60) month periods, each (each an "extension term") upon the same terms and conditions as are included in this Lease, subject, however, to renegotiation of the rent provided in paragraph 4 of this Lease. The primary term and the extension terms will be collectively referred to in this Lease as the "term." Tenant shall notify Landlord within not less than one hundred twenty (120) days prior to the expiration of the Term, extend the Term for a further primary term of five (5) years (the “First Extension Term”) from this Lease or prior to the expiration of each extension term of Tenant's exercise of its option to extend this Lease, provided that in the Termcircumstances described in paragraph 13, upon the same terms options to extend the term may be exercised earlier as provided in paragraph 13, and conditions contained if the option to extend is exercised earlier as provided in paragraph 13, nevertheless, the rental payable as provided in paragraph 4 shall be determined at the time and in the manner provided in paragraph 4 and this Lease except extension options paragraph 3. During the following sixty (60) day period, Tenant and Landlord shall negotiate and arrive at an agreement or disagreement of the Annual Base Rent amount of rent to be paid during the First Extension Term. (b) Provided that the applicable extension term. If Landlord and Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, agree upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent rent to be paid during the Second Extension Term. applicable extension term, Landlord and Tenant shall at the end of the sixty (c60) The Annual Base Rent during any Extension Term day period enter into a new written lease or an amendment agreement setting forth the amount of rental Tenant shall be the Current Market Rent required to pay pursuant paragraph 4 for the Premisesapplicable extension term and any other additional terms to which Landlord and Tenant have agreed. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (60) day period of negotiations, a fair market appraisal comparison of comparable properties will be completed by an independent party upon which the Landlord and the Tenant have not mutually agreed on may use to negotiate the amount of rent to be paid during the Annual Base Rent at least three applicable extension term. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (360) months prior day period of negotiations, either Landlord or Tenant may, by written notice to the commencement other party given within the ensuing thirty (30) day period, elect to invoke the arbitration provisions of such Extension Term, then Annual Base Rent this Lease to determine the rent Tenant shall be decided in required to pay pursuant to paragraph 4 for the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateapplicable extension term.

Appears in 2 contracts

Samples: Lease Agreement Modification (Rightnow Technologies Inc), Lease Agreement (Rightnow Technologies Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under Lessor hereby grants to Lessee two successive options to extend this Lease beyond any applicable cure or grace period, for additional terms of five (5) years each commencing on the Landlord shall at first day after the expiration Expiration Date of the Term, provided the Tenant has given the Landlord notice of its previous term. Lessee must exercise of the option to extend extend, if at least all, by giving Lessor written notice of such exercise not less than twelve (12) months prior to the expiration date of the Termthen current term. Upon the exercise of the option to extend, extend the Term for a further term of five (5) years (the “First Extension Term”) from this Lease shall be extended through the expiration date of the Term, upon Renewal Term on the same terms and conditions as contained in this Lease herein, except extension options and that there shall be no option to extend the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default term of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Second Renewal Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Monthly Rent to be paid during the Second Extension Term. (c) The Annual Renewal Terms shall be determined pursuant to this Section. Base Monthly Rent during any Extension for each Renewal Term shall be the Current Market greater of (a) the Base Monthly Rent scheduled for the final month of the preceding term (the initial term or the First Renewal Term, as the case may be), or (b) the fair market base rental value of the Premises. Lessor and Lessee agree to be reasonable in their negotiation of rent for the option periods. Lessor and Lessee shall have thirty (30) days after Lessee provides Lessor of its notice to exercise its Option to Renew to set the rent for the option period(s). If Lessor and Lessee are unable to establish the rent for the option period(s) within the thirty (30) day period then Lessor and Lessee shall each appoint an appraiser with not less than ten (10) years experience in real estate appraisal in the Bellevue real estate market, to set the rent for the option period(s). If the Landlord and rents proposed by each appraiser are within ten (10%) percent of each other, then the Tenant have not mutually agreed on rent for the amount option period(s) shall be the average of the Annual Base Rent two rents. If the rents proposed by each appraiser are greater than ten (10%) percent from each other then the two appraisers will select a third appraiser who shall also have at least three (310) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided years real estate appraisal experience in the manner Bellevue real estate market, to set out in Section 3.3the rent for the option period(s). Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested The rent established by the Landlord and, upon third appraiser will be binding on Lessor and Lessee and will be no less than the determination rent proposed by Lessee and no higher than the rent proposed by Lessor. The total cost of all of the Annual Base Rent, appraiser's fees will be the Landlord and responsibility of the Tenant shall make party whose proposed rental rate is farthest from that of the appropriate adjustments together with interest at final rental rate established by the Prime Rateappraisers.

Appears in 2 contracts

Samples: Industrial Lease (Icos Corp / De), Industrial Lease (Icos Corp / De)

Option to Extend. (a) Provided that the Tenant there is not then no uncured Event of Default (as defined in default of its obligations Paragraph 22) by Lessee under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration time of exercise, or at the Termtime the Option Period commences, provided the Tenant has given the Landlord notice of its exercise of Lessee shall have the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term of this Lease for a further term one (1) additional period of five (5) years (the First Extension TermOption Period”) from the expiration of the Term, upon on the same terms and conditions contained set forth in this Lease Lease, except extension options and that (i) the Annual Monthly Base Rent for the Option Period shall be determined as provided in Paragraph 3(b) below, (ii) Lessor shall have no obligation to provide Lessee with an allowance for, or otherwise construct any, improvements to the Property, and (iii) Lessor shall not be paid during required to pay any leasing commissions to any brokers in connection with the First Extension Term. Option Period. Lessee shall exercise its option by giving Lessor written notice (bthe “Option Notice”) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months months, but not more than fifteen (15) months, prior to the expiration of the First Extension Terminitial Term of this Lease. The option to extend is personal to SiTime Corporation and may not be transferred or assigned to any third party other than a Permitted Transferee (as defined in Paragraph 17(g) below). (b) The Monthly Base Rent for the Option Period shall be determined as follows: (1) Lessor and Lessee shall have thirty (30) days after Lessor receives Lessee’s Option Notice within which to agree on the Monthly Base Rent for the Option Period based upon the then fair market rental value of the Property as defined in Paragraph 3(b)(2). If Lessor and Lessee agree on the Monthly Base Rent for the Option Period within thirty (30) days, extend they shall immediately execute an amendment to this Lease stating the First Extension Term Monthly Base Rent for the Option Period. If the parties are unable to agree on the Monthly Base Rent for the Option Period within thirty (30) days, then, the initial Monthly Base Rent for the Option Period shall be the then current fair market rental value of the Property as determined in accordance with Paragraph 3(b)(3). On the first anniversary of the first day of the Option Period, Monthly Base Rent for the Option Period shall be increased to an amount equal to 103% of the Monthly Base Rent payable for the first year of the Option Period, and such 3% annual increases shall continue to be applied to Monthly Base Rent on each subsequent anniversary of such date throughout the Option Period. (2) The “then fair market rental value of the Property” shall be defined to mean the fair market rental value of the Property as of the commencement of the applicable Option Period, taking into consideration the uses permitted under this Lease, the quality, size, design and location of the Premises, and the rent for comparable buildings located in Santa Clara, California. When determining the fair market rental value of the Property by reference to comparable transactions, the base rents provided for in such comparable transactions shall be adjusted to reflect the differences between the other terms of such comparable transactions and the other terms of the renewal or expansion to which the fair market rental value is to be applicable. For example: (a) if such comparable transactions provided for any allowance and/or free rent, then in determining the fair market rental value of the Property for the Option Period if Lessee does not receive any allowance and/or free rent (or a further term smaller allowance and/or free rent) the base rents provided for in such comparable transactions shall be adjusted downward, or (b) if such comparable transactions provided for the tenant thereunder to pay its pro-rata share of increases in operating expenses and/or taxes over a base year different from the triple net payments to be applicable to the Option Period, then in determining the fair market rental value of the Property for the Option Period, the base rents provided for in such comparable transactions shall be adjusted upward or downward, as appropriate. (3) Within seven (7) days after the expiration of the thirty (30) day period set forth in Paragraph 3(b)(1), each party, at its cost and by giving notice to the other party, shall appoint an MAI appraiser with at least five (5) years (years’ full time commercial appraisal experience with similar commercial/industrial properties in Santa Clara, California, to appraise and set the “Second Extension Term”) from the expiration then fair market rental value of the TermProperty for the Option Period. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term single appraiser appointed shall be the Current Market Rent sole appraiser and shall set the then fair market rental value of the Property for the PremisesOption Period. If the Landlord two (2) appraisers are appointed by the parties as stated in this paragraph, they shall meet promptly and attempt to set the Tenant have not mutually agreed then fair market rental value of the Property for the Option Period. If they are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) appraisers are given to set the then fair market rental value of the Property for the Option Period. If they are unable to agree on the amount third appraiser, either of the Annual Base Rent at least parties to this Lease, by giving ten (10) days’ notice to the other party, can apply to the then Presiding Judge of the Santa Xxxxx County Superior Court, for the selection of a third appraiser who meets the qualifications stated in this paragraph. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the then fair market rental value of the Property for the Option Period. If a majority of the appraisers are unable to set the then fair market rental value of the Property for the Option Period within the stipulated period of time, the three (3) months prior to appraisals shall be added together and their total divided by three (3); the commencement resulting quotient shall be the then fair market rental value of such Extension Termthe Property for the Option Period. If, however, the low appraisal and/or the high appraisal are/is more than ten percent (10%) lower and/or higher than the middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If only one appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the then fair market rental value of the Property for the Option Period. If both the low appraisal and the high appraisal are disregarded as stated in this paragraph, then Annual only the middle appraisal shall be used as the result of the appraisal. After the then fair market rental value of the Property for the Option Period has been set, the appraisers shall immediately notify the parties and the parties shall amend this Lease to set forth the Monthly Base Rent shall be decided in for the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateOption Period.

Appears in 2 contracts

Samples: Lease (SITIME Corp), Lease (SITIME Corp)

Option to Extend. Tenant shall have one (a1) Provided that option to extend the term of this Lease for two (2) years at market rate (“Option Term”). Tenant is not then in default shall give written notice to landlord no later than December 31, 2014. Option Term Rent: Tenant shall pay the following rent for the Leased Premises: Landlord and Tenant will attempt to agree upon a Fair Market Rental Value of the Leased Premises satisfactory to both parties within thirty (30) days of Tenant’s exercise of its obligations under this Lease beyond any applicable cure or grace option. If no agreement can be reached by the parties during that period, then the Base Monthly Rental for the Option Term shall be determined by the Fair Market Rental Value of the Leased Premises as determined by comparison to premises of similar size located in or near the City of Fort Xxxxxxx, Colorado, having comparable development, use and density capability and such other characteristics as may be deemed relevant by a subject appraiser whose selection is outlined herein. Landlord shall select an independent MAI real estate appraiser with at least ten (10) years experience in appraising commercial real property in the City of Fort Xxxxxxx, Colorado (a “Qualified Appraiser”). The Qualified Appraiser selected by the Landlord shall at be referred to as the expiration “Landlord’s Appraiser”. Within thirty (30) days of being selected by the Landlord, the Landlord’s Appraiser shall determine the Fair Market Rental Value of the Term, provided Leased Premises in accordance with the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms appraisal standards set forth above and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If immediately give the Landlord and the Tenant have not mutually agreed on written notification of his determination. If the amount Tenant agrees with the Landlord’s Appraiser’s determination of the Annual Fair Market Rental Value, the new Base Rent at least three (3) months prior to Monthly Rental shall become effective beginning with the commencement first month of such Extension the Option Term, then Annual Base Rent shall be decided in . If the manner set out in Section 3.3. Until Tenant does not agree with the Annual Base Rent has been determinedLandlord’s Appraiser’s determination of Fair Market Rental Value, the Tenant shall pay have the monthly Rent requested by right to select its own Qualified Appraiser to determine the Landlord andFair Market Rental Value. If the Tenant does elect to appoint a Qualified Appraiser (the “Tenant’s Appraiser”), upon the Tenant shall select the Tenant’s Appraiser within thirty (30) business days after receiving the Landlord’s Appraiser’s determination of the Annual Base RentFair Market Rental Value. The Tenant’s Appraiser shall make his own determination of the Fair Market Rental Value in accordance with the provisions set forth above, within 30 business days of being selected by the Tenant and shall immediately give the Landlord and the Tenant written notice of his determination. If the Fair Market Rental Value as determined by the Landlord’s Appraiser and the Tenant’s Appraiser, respectively, differ by an amount which is equal to or less than 5% of the Fair Market Rental Value determined by the Landlord’s Appraiser, then the arithmetic mean of the two Fair Market Rental Values shall make constitute the appropriate adjustments together Fair Market Rental Value used to calculate the new Base Monthly Rental which will in effect for the Option Term. If the Fair Market Rental Value determined by the Landlord’s Appraiser and the Tenant’s Appraiser, respectively, differ by an amount which is greater than 5% then, within ten (10) business days after the Landlord’s Appraiser and the Tenant’s Appraiser’s determination of the Fair Market Rental Value, the Landlord’s Appraiser and the Tenant’s Appraiser shall agree upon and select a third Qualified Appraiser who shall be independent of and have no prior or existing affiliation or relationship with interest either the Landlord or the Tenant (the “Independent Appraiser”). Within ten (10) business days of being appointed, the Independent Appraiser shall, after exercising his best professional judgment, choose either the Landlord’s Appraiser’s or the Tenant’s Appraiser’s determination of Fair Market Rental Value which the Independent Appraiser believes, in his best professional judgment, best represents the Fair Market Rental Value at that point in time. Upon making such a selection, the Prime RateIndependent Appraiser shall immediately give the Landlord and the Tenant written notice of this selection of the Fair Market Rental Value. The Fair Market Rental Value selected by the Independent Appraiser shall be used to calculate the new Base Monthly Rental which will be in effect during the Extension Option, and such selection by the Independent Appraiser shall be binding and conclusive upon the Landlord and the Tenant. All appraisal fees required hereunder shall be shared equally by the Landlord and the Tenant.

Appears in 2 contracts

Samples: Lease Amendment (Advanced Energy Industries Inc), Lease Amendment (Advanced Energy Industries Inc)

Option to Extend. (a) Provided that the this Lease is then in full force and effect and provided further that Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodLease, the Landlord shall at the expiration of the Term, provided the hereby grants to Tenant has given the Landlord notice of its exercise of the an option to extend at least twelve the term of this Lease for the 3800 Premises on the same terms, conditions and provisions as contained in the Lease or this Amendment, except as otherwise provided herein, for an additional five (125) months year period which shall commence upon the day next following the termination date of the 3800 Premises Lease term and shall end on the day preceding the fifth (5th) anniversary of the 3800 Premises Lease term’s expiration date (the “Option Period”). A. Tenant’s option to extend shall be exercisable by written notice of Tenant’s election to extend the Lease Term from Tenant to Landlord received no later than three hundred sixty (360) days prior to the expiration of the Term. If not so exercised, extend Tenant’s option under this section shall thereupon expire. B. The Base Rent payable during the Term Option Period with respect to the Leased Premises shall be equal to the Market Rental Rate (as hereinafter defined in this Section G hereof (for a further term of the five (5) years (year lease term commencing on or about the “First Extension Term”) from the expiration date of commencement of the TermOption Period). C. Tenant may only exercise its extension option granted hereunder so long as the entire 3800 Premises is then occupied by the original Tenant hereunder and Tenant has not assigned this Lease or sublet the Leased Premises. D. Landlord shall within thirty (30) days of receiving notice of Tenant’s election to extend and in response to Tenant’s written request, upon advise Tenant in writing of Landlord’s determination of the same terms Market Rental Rate for term commencing on or about the date of the commencement of the Option Period. E. Tenant shall advise Landlord within fifteen (15) days of notice of Market Rental Rate of its intention to accept such rental rate. F. Within ten (10) days after Tenant’s acceptance of Landlord’s determination of the Market Rental Rates as set forth in Section D and conditions E hereof, Landlord and Tenant shall enter into a written supplement to this Lease confirming the revisions to the rental provisions contained in this Lease except extension options and as may be necessary to confirm the Annual change in the Base Rent to be paid during Rent. In the First Extension Term. (b) Provided that the Tenant event a written supplement is not then in default of executed within said ten (10) day period by Tenant, Tenant’s right to exercise its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior shall thereupon expire. G. For purposes of this section, the “Market Rental Rate” shall mean the then prevailing annual rental rate per square foot of rentable area, as determined in good faith by Landlord, for improved space comparable to the expiration Premises in area and location. The components of the First Extension TermMarket Rental Rate may include, extend among the First Extension Term for other then prevailing components of rent: a further term of five fixed annual rent (5) years (the “Second Extension Term”) from the expiration such as Base Rent), periodic adjustments or additions to a fixed annual rent based on a share of the Term, upon the same terms Building real estate taxes and conditions contained other expenses (such as Additional Rent) in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the excess of a certain amount of increases based on an inflation index (such as a CPI Adjustment), and any concessions for Rent abatement and build-out allowances available to new tenants who may lease space within the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateBuilding.

Appears in 2 contracts

Samples: Lease (Paylocity Holding Corp), Lease (Paylocity Holding Corp)

Option to Extend. (a) Provided that Lessor hereby grants to Lessee one (1) option, at Lessee’s election, either (1) to extend the Tenant is not then in default term of its obligations under this Lease beyond any applicable cure with respect to the Building #16 Premises only, or grace period(2) to extend the term of this Lease with respect to the Building #13 Premises only, or (3) to extend the Landlord shall at term of this Lease of both the Building #16 Premises and the Building #13 Premises (whichever Lessee elects is referred to hereafter as the “Option Premises”), for one period of thirty-six (36) calendar months immediately following the expiration of the Term, provided the Tenant has given the Landlord notice initial term of its exercise this Lease of the Building #16 Premises and the Building #13 Premises. Lessee may exercise the foregoing option to extend by giving written notice of exercise to Lessor at least five (5) months, but not more than twelve (12) months months, prior to the expiration of the Term, extend the Term for a further initial term of five this Lease of Building #16 Premises and the Building #13 Premises (5) years (the “First Extension Termoption exercise period) from ), time being of the essence; provided that if Lessee is currently in a state of uncured default after the expiration of notice and cure periods, if applicable (referred to herein as “in default”), under this Lease at the Termtime of exercise of the option or on the commencement date of the option extension period, such notice shall be void and of no force or effect. Subject to Lessee’s election with respect to the Option Premises, said option extension period, if exercised, shall be upon the same terms and conditions contained in with respect to the Option Premises as the initial term of this Lease Lease, including the payment by Lessee of the Operating Expenses pursuant to Paragraph 5, except extension options and that (i) the Annual Monthly Base Rent to be paid for the Option Premises during the First Extension Termoption period shall be determined as set forth in Paragraph 3(c) hereof, (ii) there shall be no additional option to extend, and (iii) Lessee shall accept the Option Premises in their then “as is” condition and Paragraph 13, Tenant Improvement Allowance, shall not apply to the option period. If Lessee does not exercise the option in a timely manner, the option shall lapse, time being of the essence. (b) Provided that The option to extend granted to Lessee by this Paragraph 3 is granted for the Tenant is personal benefit of Pac Bio, Inc. only, and shall be exercisable only by Pac Bio, Inc. or by a “permitted transferee” under Paragraph 18(f) below. Said option may not then in default be assigned or transferred by Pac Bio, Inc. to any assignee or sublessee other than a permitted transferee. (c) The initial Monthly Base Rent for the Option Premises during the option extension period shall be determined pursuant to the provisions of its obligations under this Lease beyond any applicable cure or grace periodsubparagraph (c) and, the Landlord subject to subparagraph (e) below, shall at the expiration equal ninety-five percent (95%) of the First Extension Term, provided then current fair market rental for the Tenant has given Option Premises on the Landlord notice of its exercise commencement date of the option to extend at least twelve (12) months extension period as determined by agreement between Lessor and Lessee reached prior to the expiration of the First Extension Termoption exercise period, extend if possible, and by the First Extension Term for a further process of appraisal if the parties cannot reach agreement. Upon the written request by Lessee to Lessor received by Lessor at any time during the 30 day period prior to the expiration of the option exercise period (e.g., between December 1, 2010 and December 30, 2010 if the expiration date of the term of this Lease is May 31, 2011) and prior to the exercise by Lessee of the option to extend, Lessor shall give Lessee written notice of Lessor’s good faith opinion of the amount equal to ninety-five percent (95%) of the fair market rental value of the Option Premises as of the commencement of the option extension period. Thereafter, upon the request of Lessee, Lessor and Lessee shall enter into good faith negotiations during the remainder of the thirty (30) days prior to the expiration of the option exercise period in an effort to reach agreement on ninety-five percent (95%) of the initial Monthly Base Rent for the Option Premises. If Lessor and Lessee are unable to agree upon the amount equal to ninety-five percent (95%) of the then current fair market rent for the Option Premises as of the commencement date of the option extension period, and thereafter, prior to the expiration of the option exercise period, Lessee exercises the option to extend, said amount shall be determined by appraisal. The appraisal shall be performed by one appraiser if the parties are able to agree upon one appraiser. If the parties are unable to agree upon one appraiser, each party shall appoint an appraiser and the two appraisers shall select a third appraiser. Each appraiser selected shall be a member of the American Institute of Real Estate Appraisers (AIREA) with at least five (5) years of full-time commercial real estate appraisal experience in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, that appraiser shall notify the parties in simple letter form within fifteen (15) days following its selection of its determination of the amount equal to ninety-five percent (95%) of the fair market Monthly Base Rent for the Option Premises on the commencement date of the option extension period. Said appraisal shall be binding on the parties as the appraised current ninety-five percent (95%) of the “Second Extension Term”fair market rental” for the Option Premises which shall be based upon what a willing new lessee would pay and a willing lessor would accept at arm’s length for comparable premises in the vicinity of the Option Premises of similar age, size, quality of construction and specifications (excluding the value of any improvements to the Option Premises made at Lessee’s cost) for a lease similar to this Lease and taking into consideration that there will be no free rent, improvement allowance, or other concessions. If multiple appraisers are selected, each appraiser shall within ten (10) days of being selected make its determination of the amount equal to ninety-five percent (95%) of the current fair market Monthly Base Rent for the Option Premises as of the commencement date of the option extension period in simple letter form. If two (2) or more of the appraisers agree on said amount, such agreement shall be binding upon the parties. If multiple appraisers are selected and at least two (2) appraisers are unable to agree on said amount, the amount equal to ninety-five percent (95%) of the fair market Monthly Base Rent for the Option Premises shall be determined by taking the mean average of the appraisals; provided, that any high or low appraisal, differing from the expiration middle appraisal by more than ten percent (10%) of the Termmiddle appraisal, upon shall be disregarded in calculating the same terms and conditions contained in this Lease except extension options and the Annual average. Said initial Monthly Base Rent shall be adjusted annually on the anniversary of the commencement of the option term in the manner determined by the appraisers to be paid during consistent with the Second Extension Termthen prevailing market practice for comparable space in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, each party shall pay one-half of the fees and expenses of that appraiser. If three appraisers are selected, each party shall bear the fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser. (cd) The Annual Thereafter, provided that Lessee has previously given timely notice to Lessor of the exercise by Lessee of the option to extend the term of the Option Premises, Lessor and Lessee shall execute an amendment to this Lease stating that the initial Monthly Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Option Premises during the Landlord and the Tenant have not mutually agreed on the amount option extension period shall be equal to ninety-five percent (95%) of the Annual current fair market Monthly Base Rent for the Option Premises as of the commencement date of the option extension period, and adjusted thereafter if applicable, as agreed upon by Lessor and Lessee, or if the parties did not agree, as determined by the foregoing appraisal process. (e) Notwithstanding anything to the contrary contained in subparagraph (c) above, in no event shall the Monthly Base Rent at least three (3) months the commencement of the option extension period be less than the Monthly Base Rent for the Option Premises in effect immediately prior to the commencement of such Extension Term, then Annual Base Rent the option extension period. (f) As used in this Lease “term” or “term of this Lease” shall be decided in include the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord initial term and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateoption extension period, if exercised.

Appears in 2 contracts

Samples: Lease Agreement, Lease (Pacific Biosciences of California Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the Upon expiration of the Termprimary term of this Lease, provided the ---------------- Tenant has given the Landlord notice of its exercise of the is granted an option to extend at least twelve the term of this Lease for three (123) months additional sixty (60) month periods, each (each an "extension term") upon the same terms and conditions as are included in this Lease, subject, however, to renegotiation of the rent provided in paragraph 4 of this Lease. The primary term and the extension terms will be collectively referred to in this Lease as the "term." Tenant shall notify Landlord within not less than one hundred twenty (120) days prior to the expiration of the Term, extend the Term for a further primary term of five (5) years (the “First Extension Term”) from this Lease or prior to the expiration of each extension term of Tenant's exercise of its option to extend this Lease, provided that in the Termcircumstances described in paragraph 13, upon the same terms options to extend the term may be exercised earlier as provided in paragraph 13, and conditions contained if the option to extend is exercised earlier as provided in paragraph 13, nevertheless, the rental payable as provided in paragraph 4 shall be determined at the time and in the manner provided in paragraph 4 and this Lease except extension options paragraph 3. During the following sixty (60) day period, Tenant and Landlord shall negotiate and arrive at an agreement or disagreement of the Annual Base Rent amount of rent to be paid during the First Extension Term. (b) Provided that the applicable extension term. If Landlord and Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, agree upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent rent to be paid during the Second Extension Term. applicable extension term, Landlord and Tenant shall at the end of the sixty (c60) The Annual Base Rent during any Extension Term day period enter into a new written lease or an amendment agreement setting forth the amount of rental Tenant shall be the Current Market Rent required to pay pursuant paragraph 4 for the Premisesapplicable extension term and any other additional terms to which Landlord and Tenant have agreed. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (60) day period of negotiations, a fair market appraisal comparison of comparable properties will be completed by an independent party upon which the Landlord and the Tenant have not mutually agreed on may use to negotiate the amount of rent to be paid during the Annual Base Rent at least three applicable extension term. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (360) months prior day period of negotiations, either Landlord or Tenant may, by written notice to the commencement other party given within the ensuing thirty (30) day period, elect to invoke the arbitration provisions of such Extension Term, then Annual Base Rent this Lease to determine the rent Tenant shall be decided in required to pay pursuant to paragraph 4 for the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateapplicable extension term.

Appears in 2 contracts

Samples: Lease Agreement (Rightnow Technologies Inc), Lease Agreement (Rightnow Technologies Inc)

Option to Extend. While this Lease is in full force and effect, provided that no Event of Default then exists and no Event of Default has occurred within the immediately preceding twelve (12) month period, and further provided that the Original Tenant has not assigned this Lease nor sublet more than twenty-five percent (25%) of the Premises then demised to Tenant under this Lease (excluding transfers to Permitted Transferees), in each case both as of the time of option exercise and as of the commencement of the herein additional term, Tenant shall have the right or option (the “Extension Option”) to extend the original term of this Lease for one (1) period of five (5) years (the “Option Period”). The Extension Option shall not apply to any ROFR Space that is added to the Premises in connection with paragraph 6.20 of this Lease, as any extension of the term of Tenant’s leasing of the ROFR Space shall be governed by the Offer. Such extension of the original term shall be on the same terms and covenants as provided for in the original term except that (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the have no further option to extend the Lease Term, (b) the Base Rent for the Option Period shall be one hundred percent (100%) of the then Fair Market Rent for the Premises in AS IS condition for lease renewals as determined in accordance with subparagraph 2.2.3, and (c) Landlord shall have no obligation to prepare, refurbish or construct the Premises or any part thereof prior to the commencement of the Option Period, nor shall Landlord have any obligation to provide Tenant with any tenant improvement allowance or other allowance of any kind. Any exercise of such Extension Option by Tenant as provided herein shall be irrevocable. If the Fair Market Rent has not been determined as of the commencement date of the Option Period, Tenant initially shall pay Base Rent plus escalations for the extended term at the Fair Market Rate designated by Landlord, with a retroactive adjustment to be made within ten (10) Business Days after the determination of Fair Market Rent. Notice (the “Option Notice”) of Tenant’s intention to exercise the Extension Option must be given to Landlord, in writing, at least twelve (12) months prior to the then current expiration of the Term, extend the Lease Term for a further term of five (5) years (the “First Extension Term”) from the expiration time being of the Termessence) or the Extension Option shall lapse and be of no further force or effect. If Tenant exercises the Extension Option, upon after the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration determination of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Fair Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base RentPremises as herein provided, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateexecute an amendment to this Lease confirming same.

Appears in 2 contracts

Samples: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)

Option to Extend. (a) Provided that the Landlord hereby grants Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the a single option to extend the Term of the Lease for an additional period of five (5) years (such period may be referred to as the “Option Term”), as to the entire Premises as it then exists, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at least the time of exercise of such option (and each Option, if more than one Option is granted): (i) Tenant or a Permitted Transferee which has satisfied the requirements of Sections 10.01 and 10.05 of the Lease must be conducting regular, active, ongoing business in, and be in occupancy (and occupancy by a subtenant, licensee or other party permitted or suffered by Tenant shall not satisfy such condition) of the entire Premises; and (ii) there has been no material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease, as certified by Tenant’s independent certified public accountants, and as supported by Tenant’s certified financial statements, copies of which shall be delivered to Landlord with Tenant’s written notice exercising its right hereunder. Without limiting the generality of the foregoing, Landlord may reasonably conclude there has been a material adverse change if Tenant’s independent certified public accountants do not certify there has been no such change. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve (12) months prior to the expiration of Expiration Date and no later than the date which is nine (9) months prior to the Expiration Date. If Tenant either fails or elects not to exercise the Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void, including, if more than one Option is granted, the then applicable Option to Extend and all further Options to Extend. (c) The Option Term (and each Option Term, extend the Term for a further term of five (5if more than one Option is granted) years (the “First Extension Term”) from shall commence immediately after the expiration of the Term, preceding Term of the Lease. Tenant’s leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in this the Lease except extension options that (i) Tenant shall pay the “Option Term Rent”, defined and determined in the Annual Base manner set forth in the immediately following Subsection; (ii) the Security shall be increased to an amount that is the same percentage or proportion of Option Term Rent as the prior amount of Security was in relation to Rent for the Term prior to the Option Term, but in no event shall the Security be paid during decreased; and (iii) Tenant shall accept the First Extension TermPremises in its “as is” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor, except to the extent tenants leasing space in Comparable Transactions receive an allowance pursuant to the definition of Fair Market Rental Rate defined in Exhibit F hereto, provided, however, Landlord by notice given to Tenant within thirty (30) days after final determination of the Fair Market Rental Rate, may elect to provide, in lieu of such allowance for alterations to the Offer Space, a rent credit equal to the amount of the allowance that would have otherwise been given, credited toward the rents applicable only to the Offer Space and due starting after such rent obligation commences. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the preceding Term as extended by the Option Term unless the context clearly requires otherwise. (bd) Provided that The Option Term Rent shall mean the Tenant is not then in default sum of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall Monthly Base Rent at the expiration Fair Market Rental Rate (as defined in Exhibit F) plus Rent Adjustments and/or certain Operating Expenses (if applicable, based upon a step-up to change the base year or base amount for calculation of Operating Expenses in connection with determination of the First Extension TermFair Market Rental Rate) plus other charges pursuant to the Lease payable to Landlord. The determination of Fair Market Rental Rate and Option Term Rent shall be made by Landlord, provided in the Tenant has given the Landlord notice good faith exercise of its Landlord’s business judgment. Within forty-five (45) days after Tenant’s exercise of the option to extend at least twelve (12) months prior to the expiration Option To Extend, Landlord shall notify Tenant of Landlord’s determination of the First Extension Term, extend the First Extension Fair Market Rental Rate and Option Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Tenant may, within fifteen (15) days after receipt thereof, deliver to Landlord a written notice either: (i) accepting Landlord’s determination, in which case the extension shall be effective and binding (subject to Subsection (f) below) at the accepted rate; or (ii) setting forth Tenant’s good faith estimate, in which case Landlord and Tenant will promptly confer and attempt to agree upon the Fair Market Rental Rate and Option Term Rent. Tenant’s failure to timely deliver such notice within such fifteen (15) day period shall be deemed its cancellation of the Option. In the event Tenant has delivered notice setting forth Tenant’s different estimate, but no agreement in writing between Tenant and Landlord on Fair Market Rental Rate and Option Term Rent is reached within thirty (30) days after Landlord’s receipt of Tenant’s estimate, the Fair Market Rental Rate shall be determined in accordance with the terms of Exhibit F. Notwithstanding any of the foregoing to the contrary, at no time during the Option Term shall the Option Term Rent be less than the “Preceding Rent” (defined below). The Preceding Rent shall mean the sum of the Monthly Base Rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the Term preceding the Option Term plus the Rent Adjustments payable by Tenant under the Lease (if applicable, using the base year for calculation of Base Operating Expenses applicable for the last full month of the Term preceding the Option Term), plus other charges pursuant to the Lease payable to Landlord. To the extent that Tenant pays directly the utility or service provider for utilities or services which Tenant is to obtain directly pursuant to the Lease, Tenant shall continue to pay such amounts, but such amounts shall not be counted as part of the Preceding Rent or the Fair Market Rental Rate as used herein. Further, in the event that Landlord notifies Tenant that the Option Term Rent shall equal the Preceding Rent, such determination shall be conclusive and binding to set the Preceding Rent as the Option Term Rent for the Option Term, Tenant shall not be entitled to dispute or contest such determination, and the extension shall be effective and binding (subject to Subsection (f) below). (e) Promptly after final determination of the Fair Market Rental Rate, Landlord shall prepare a memorandum confirming the specific dates, amounts and terms of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend, in the form of an amendment to the Lease, and Tenant shall execute such amendment within five (5) business days after Landlord and Tenant agree to the form of the proposed amendment and Landlord shall execute it promptly after Tenant. Notwithstanding any of the foregoing to the contrary, the failure of Landlord to prepare such amendment or of either party to execute an amendment shall not affect the validity and effectiveness of the extension for the Option Term in accordance with the terms and conditions of this Option to Extend. (f) Upon the occurrence of any of the following events, Landlord shall have not mutually agreed the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, whereupon any prior or subsequent exercise of this Option to Extend shall be of no force or effect: (i) Tenant’s failure to timely exercise or timely to perform the Option to Extend in strict accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of a Default on the amount part of Tenant under the Annual Base Rent at least three Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a Default. (3iii) months Tenant’s third Default under the Lease prior to the commencement of such Extension the Option Term, then Annual Base Rent notwithstanding that all such Defaults may subsequently be cured. (g) Without limiting the generality of any provision of the Lease, time shall be decided of the essence with respect to all of the provisions of this Section. (h) This Option to Extend is personal to Genomic Health and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity other than a Permitted Transferee which is an assignee of the Lease and which has satisfied the requirements of Sections 10.01 and 10.05 of this Lease, and such Permitted Transferee may exercise the right without Tenant joining in or consenting to such exercise, and notwithstanding anything to the manner set out in Section 3.3. Until the Annual Base Rent has been determinedcontrary, the Tenant shall pay remain liable for all obligations under the monthly Rent requested by Lease, including those resulting from any such exercise with the Landlord and, upon the determination of the Annual Base Rent, the Landlord same force and the effect as if Tenant shall make the appropriate adjustments together with interest at the Prime Ratehad joined in such exercise.

Appears in 2 contracts

Samples: Lease (Genomic Health Inc), Lease Agreement (Genomic Health Inc)

Option to Extend. (a) Provided that Tenant shall have the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the right and option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term one additional period of five (5) years (the “First "Extension Term") from commencing upon the expiration Term Expiration Date set forth in Section 1.1 of the TermLease, upon provided that Tenant shall give Landlord notice of Tenant's exercise of such option at least six (6) months prior to the same terms Term Expiration Date and conditions contained in this Lease except extension options provided further that no event of default by Tenant exists hereunder, and no condition exists which with the Annual Base Rent to be paid during giving of notice or the First Extension Term. (b) Provided that the Tenant is not then in passage of time, or both, would constitute an event of default of its obligations under this Lease beyond any applicable cure or grace periodhereunder, the Landlord shall at the expiration time of giving such notice. If an event of default by Xxxxxx exists hereunder, or a condition exists which with the giving of notice or the passage of time, or both, would constitute an event of default hereunder, at the time of the First commencement of the Extension Term, at Landlord's option, exercisable by notice to Tenant, the exercise of Tenant's option to extend the Term shall be null and void and of no further force and effect. Prior to the exercise by Tenant of such option, the expression "Term" shall mean the Term until the Term Expiration Date set forth in Section 1.1 of the Lease, and after the exercise by Tenant of such option, the expression "Term" shall mean the Term as it has been extended by the Extension Term. Except as expressly otherwise provided in the following paragraph and except for this Section 2.3, all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be applicable to the Extension Term. If Tenant has given the Landlord shall give notice of its exercise of the said option to extend in the manner and within the time period provided aforesaid, the Term shall be extended upon the giving of such notice without the requirement of any further action on the part of either Landlord or Tenant. If Tenant shall fail to give timely notice of the exercise of any such option as aforesaid, Tenant shall have no right to extend the Term of this Lease, time being of the essence of the foregoing provisions. The Annual Rent payable during the Extension Term shall be equal to the Fair Market Rent for the Premises, as determined below, as of the commencement of the Extension Term. If for any reason the Annual Rent payable during the Extension Term has not been determined as of the commencement of the Extension Term, Tenant shall pay the Annual Rent payable during the Original Term, together with any applicable adjustment in the Annual Estimated Electrical Cost to Tenant's Space, until the Annual Rent for the Extension Term is determined, at which time, an appropriate adjustment, if any, shall be made. For purposes here, the Fair Market Rent shall mean the fair rent for the Premises as of the commencement of the Extension Term under market conditions then existing. Fair Market Rent shall be determined by agreement between Landlord and Tenant, but if Landlord and Tenant are unable to agree upon the Fair Market Rent at least twelve six (126) months prior to the expiration date upon which the Fair Market Rent is to take effect, then the Fair Market Rent shall be determined by appraisal. made as hereinafter provided by a board of three reputable independent commercial real estate consultants, appraisers, or brokers, each of whom shall have at least ten years of experience in the suburban Rte. 128 Boston office rental market and each of whom is hereinafter referred to as "appraiser". Tenant and Landlord shall each appoint one such appraiser and the two appraisers so appointed shall appoint the third appraiser. The cost and expenses of each appraiser appointed separately by Xxxxxx and Landlord shall be borne by the party who appointed the appraiser. The cost and expenses of the First Extension Term, extend the First Extension Term for a further term of third appraiser shall be shared equally by Xxxxxx and Landlord. Landlord and Tenant shall appoint their respective appraisers at lease five (5) years (the “Second Extension Term”) from the expiration months prior to commencement of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base period for which Fair Market Rent is to be paid during determined and shall designate the Second Extension Term. (c) appraisers so appointed by notice to the other party. The Annual Base Rent during any Extension Term two appraisers so appointed and designated shall be appoint the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent third appraiser at least three four (34) months prior to the commencement of such Extension Term, then Annual Base period and shall designate such appraisers by notice to Landlord and Tenant. The board of three appraisers shall determine the Fair Market Rent of the space in question as of the commencement of the period to which the Fair Market Rent shall apply and shall notify Landlord and Tenant of their determinations at least sixty (60) days prior to the commencement of such period. If the determinations of the Fair Market Rent of any two or all three appraisers shall be decided identical in amount, said amount shall be deemed to be the Fair Market Rent of the subject space. If the determinations of all three appraisers shall be different in the manner set out in Section 3.3. Until the Annual Base Rent has been determinedamount, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination average of the Annual Base two values nearest in amount shall be deemed the Fair Market Rent, . The Fair Market Rent of the subject space determined in accordance with the foregoing shall be conclusive on Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateTenant.

Appears in 2 contracts

Samples: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)

Option to Extend. (a) Provided that A. Landlord grants to Tenant the Tenant is not then in default option to extend the term of its obligations under this Lease beyond any applicable cure or grace period, for two 3-year periods commencing when the Landlord shall at the expiration prior term expires upon each and all of the Term, provided the following terms and conditions: (i) Tenant has given the gives to Landlord and Landlord receives notice of its the exercise of the option to extend at least this Lease for said additional term no later than twelve (12) months prior to the expiration time that the option period would commence if the option were exercised, time being of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration essence. If said notification of the Termexercise of said option is not so given and received, upon this option shall automatically expire; (ii) At the same time said written notification of exercise of option is given and received, Tenant shall not be in default under any of the material obligations of this Lease to be performed by Tenant and this Lease shall not have previously terminated nor terminated prior to the commencement of the option term; (iii) All of the terms and conditions contained in of this Lease except extension options and where specifically modified by this option shall apply; (iv) The monthly rent for each month of the Annual Base Rent to option period shall be paid calculated as follows: The rent payable by Tenant during the First Extension Term. first option period shall be the Fair Market Rental Value of the Premises (bas defined below) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration commencement date of the First Extension Term, option period. There shall be an annual C.P.I. increase not to exceed four percent (4%) in each subsequent year of the first option period. The rent in the first year of the second option period shall be the rent in the last year of the first option period to which will be added a C.P.I. increase not to exceed four percent (4%). There shall be an annual C.P.I. increase not to exceed four percent (4%) in each subsequent year of the second option period. All of the C.P.I. increases during the option periods shall be calculated on the basis of the formula provided in the Lease P. 5.B. If Landlord and Tenant cannot agree on the Fair Market Rental Value of the Premises for the extension periods within forty-five (45) days after the Tenant has given the notified Landlord notice of its exercise of the option option, Landlord and Tenant shall each select, within forty-five (45) days of such notification, an appraiser who must be a qualified M.A.I. appraiser to extend at least twelve (12) months prior determine said Fair Market Rental Value. If one party fails to so designate an appraiser within the expiration time required, the determination of Fair Market Rental Value of the First Extension Term, extend one appraiser who has been designated by the First Extension Term for a further term other party hereto within the time required shall be binding upon both parties. The appraisers shall submit their determinations of five Fair Market Rental Value to both parties within thirty (530) years days after their selection. If the difference between the two determinations is ten percent (the “Second Extension Term”10%) from the expiration or less of the Termhigher appraisal, upon then the same terms and conditions contained in this Lease except extension options and average between the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term two determinations shall be the Current Fair Market Rent for Rental Value of the Premises. If said difference is greater than ten percent (10%), then the Landlord and the Tenant have not mutually agreed on the amount two appraisers shall within twenty (20) days of the Annual Base Rent at least three (3) months prior date that the later submittal is submitted to the commencement parties designate a third appraiser who must also be a qualified M.A.I. appraiser. The sole responsibility of such Extension Term, then Annual Base Rent the third appraiser will be to determine which of the determinations made by the first appraisers is most accurate. The third appraiser shall have no right to propose a middle ground or any modification of either of the determinations made by the first two appraisers. The third appraiser's choice shall be decided submitted to the parties within thirty (30) days after his or her selection. Such determination shall bind both of the parties and shall establish the Fair Market Rental Value of the Premises. Each party shall pay for their own appraiser and shall pay an equal share of the fees and expenses of the third appraiser. Fair Market Rental Value for purpose of this Lease shall mean the then prevailing rent for premises comparable in size, quality, and orientation to the demised Premises, located in buildings comparable in size to, and in the manner set out in Section 3.3. Until the Annual Base Rent has been determinedgeneral vicinity of, the Tenant shall pay building which the monthly Rent requested by demised Premises are located, leased on terms comparable to the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateterms contained in this Lease.

Appears in 2 contracts

Samples: Office Building Lease (Fair Isaac & Company Inc), Office Building Lease (Fair Isaac & Company Inc)

Option to Extend. (a) Provided that the this Lease is then in full force and effect and provided further that Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodLease, the Landlord shall at the expiration of the Term, provided the hereby grants to Tenant has given the Landlord notice of its exercise of the an option to extend at least twelve the term of this Lease for the Premises and Expansion Premises on the same terms, conditions and provisions as contained in the Lease, except as otherwise provided herein, for an additional five (125) months year period which shall commence upon the day next following the termination date of the Lease term and shall end on the day preceding the fifth (5th) anniversary of the Lease term’s expiration date (the “Option Period”). A. Tenant’s option to extend shall be exercisable by written notice of Tenant’s election to extend the Lease Term from Tenant to Landlord received no later than two hundred seventy (270) days prior to the expiration of the Term. If not so exercised, extend Tenant’s option under this section shall thereupon expire. B. The Base Rent payable during the Term Option Period with respect to the Leased Premises shall be equal to ninety-five percent (95%) of the Market Rental Rate (as hereinafter defined in this Section G hereof (for a further term of the five (5) years (year lease term commencing on or about the “First Extension Term”) from the expiration date of commencement of the TermOption Period). C. Tenant may only exercise its extension option granted hereunder so long as the entire Leased Premises is then occupied by the original Tenant hereunder and Tenant has not assigned this Lease or sublet the Leased Premises. D. Landlord shall within sixty (60) days of receiving notice of Tenant’s election to extend and in response to Tenant’s written request, upon advise Tenant in writing of Landlord’s determination of the same terms Market Rental Rate for term commencing on or about the date of the commencement of the Option Period. E. Tenant shall advise Landlord within fifteen (15) days of notice of Market Rental Rate of its intention to accept such rental rate. F. Within ten (10) days after Tenant’s acceptance of Landlord’s determination of the Market Rental Rates as set forth in Section D and conditions E hereof, Landlord and Tenant shall enter into a written supplement to this Lease confirming the revisions to the rental provisions contained in this Lease except extension options and as may be necessary to confirm the Annual change in the Base Rent to be paid during Rent. In the First Extension Term. (b) Provided that the Tenant event a written supplement is not then in default of executed within said ten (10) day period by Tenant, Tenant’s right to exercise its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior shall thereupon expire. G. For purposes of this section, the “Market Rental Rate” shall mean the then prevailing annual rental rate per square foot of rentable area, as determined in good faith by Landlord, for improved space comparable to the expiration Premises in area and location. The components of the First Extension TermMarket Rental Rate may include, extend among the First Extension Term for other then prevailing components of rent: a further term of five fixed annual rent (5) years (the “Second Extension Term”) from the expiration such as Base Rent), periodic adjustments or additions to a fixed annual rent based on a share of the Term, upon the same terms Building real estate taxes and conditions contained other expenses (such as Additional Rent) in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the excess of a certain amount of increases based on an inflation index (such as a CPI Adjustment), and any concessions for Rent abatement and build-out allowances available to new tenants who may lease space within the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateBuilding.

Appears in 2 contracts

Samples: Lease (Paylocity Holding Corp), Lease (Paylocity Holding Corp)

Option to Extend. (a) Provided that the Tenant is not in Default and has not assigned or subleased any portion of the Premises, other than to a Permitted Transferee, Tenant shall have the right and option (“Option”) to extend the Term of this Lease for two (2) additional periods of five (5) years each (each an “Option Term”) with respect to all of the Premises. The Option Term shall commence on the day immediately succeeding the last day of the then in default current Term and shall end on the day immediately preceding the fifth (5th) anniversary of the first day of such Option Term. Tenant shall exercise the Option by giving written notice to Landlord of its obligations under election to do so not earlier than twelve (12) months or later than nine (9) months prior to the expiration date of the applicable Term. The giving of such notice of extension by Tenant shall automatically extend the Term of this Lease beyond any applicable cure for such Option Term, and no instrument of renewal or grace periodextension need be executed. In the event that Tenant fails to give notice to Landlord, the Landlord this Lease shall automatically terminate at the expiration end of the Term, as extended, and Tenant shall have no further option to extend the Term of this Lease. The Option shall be exercisable by Tenant only on the express condition that at the time of the exercise, and at all times after the exercise of the Option until the commencement of the Option Term, Tenant shall not be in Default under any of the provisions of this Lease and Tenant or a Permitted Transferee is occupying the Premises. The Option is personal to Glaukos Corporation and/or a Permitted Transferee. The Option Term shall be on all the terms and conditions of this Lease, except that: (i) following Tenant’s exercise of the second Option Term, Tenant shall have no further right or option to extend the Term as provided by this Paragraph and (ii) the Annual Basic Rent for each Option Term shall be the Fair Market Rental Value of the Premises (including periodic adjustments) for such Option Term, determined pursuant to the following paragraph. If Tenant subleases any portion of the Premises or assigns or otherwise transfers any interest under this Lease, the Option shall lapse. For the purposes hereof, “Fair Market Rental Value” of the Premises shall mean the prevailing annual market rental value (which rental value determination may include increases in Rent during the Option Term) for space of comparable type, size, quality and location in comparable buildings located within Aliso Viejo, California, as of the date of commencement of the applicable Option Term (“Comparable Transactions”), taking into consideration and adjusting for, as appropriate, the amount and availability of parking, differences in project amenities, condition of the space in question, operating expense protections, insurance obligations and type of lease (net, gross, etc.), as well as the following concessions (collectively, the “Renewal Concessions”): (i) rental abatement concessions, if any, being granted such tenants in connection with such comparable space; (ii) tenant improvements or allowances provided or to be provided for such comparable space taking into account and deducting the value of the existing Tenant Improvements in the Premises, such value to be based upon the age, quality and layout of the Tenant has given Improvements existing in the Premises are specifically suitable to Tenant (iii) other reasonable monetary concessions being granted such tenants in connection with such comparable space. The fact that landlords are or are not paying real estate brokerage commissions in connection with such comparable space and the period of rental abatement, if any, granted to tenants in comparable transactions in connection with the design, permitting and construction of tenant improvements in such comparable spaces shall not be considered. The Fair Market Rental Value shall additionally include a determination as to whether, and if so to what extent, Tenant must provide Landlord with financial security, such as a letter of credit or security deposit, for Tenant’s Rent obligations in connection with Tenant’s lease of the Premises during the applicable Option Term. Such determination shall be made by reviewing the extent of financial Glaukos Building 26600 NNN Form 11/16 -35- security then generally being imposed in Comparable Transactions from tenants of comparable financial condition and credit history to the then existing financial condition and credit history of Tenant (with appropriate adjustments to account for differences in the then-existing financial condition of Tenant and such other tenants). Promptly after receiving Tenant’s notice of its election to exercise of the option Option to extend at least twelve the Term of this Lease (12but in no event less than six (6) months prior to the expiration of the existing Term, extend Landlord shall provide Tenant with Landlord’s good faith estimate of the Fair Market Rental Value of the Premises for the Option Term for a further term (“Landlord’s Fair Market Rental Value Notice”). In the event that Tenant objects to Landlord’s determination of the Fair Market Rental Value within twenty (20) business days following Tenant’s receipt of Landlord’s Fair Market Rental Value Notice, Landlord and Tenant shall attempt to agree upon the Fair Market Rental Value using their good faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant’s objection to the Fair Market Rental Value (the “Outside Agreement Date”), then within five (5) years (business days after the “First Extension Term”) from Outside Agreement Date, the expiration parties shall each make a separate determination of the TermFair Market Rental Value, upon the same terms and conditions contained which determinations shall be submitted to arbitration in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Termaccordance with Subsections (i) through Subsection (vii) below. (bi) Provided that Landlord and Tenant shall each appoint one arbitrator who shall be a real estate broker who shall have been active over the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (year period ending on the “Second Extension Term”) from date of such appointment in the expiration leasing of commercial office properties in Aliso Viejo, California. The determination of the Termarbitrators (including the third arbitrator provided for below) shall be limited solely to the issue of whether Landlord’s or Tenant’s submitted Fair Market Rental Value is the closest to the actual Fair Market Rental Value, upon as determined by the same terms and conditions contained in this Lease except extension options and arbitrators, taking into account the Annual Base Rent to requirements herein. Each such arbitrator shall be paid during appointed within fifteen (15) days after the Second Extension Termapplicable Outside Agreement Date. (cii) The Annual Base Rent during any Extension Term two (2) arbitrators so appointed shall within ten (10) days of the date of the appointment of the last appointed arbitrator agree upon and appoint a third neutral arbitrator who shall be qualified under the Current Market Rent same criteria set forth hereinabove for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount qualification of the Annual Base Rent at least initial two (2) arbitrators. (iii) The three (3) months prior arbitrators shall within thirty (30) days of the appointment of the third arbitrator reach a decision as to whether the parties shall use Landlord’s or Tenant’s submitted Fair Market Rental Value and shall notify Landlord and Tenant thereof. (iv) The decision of the majority of the three (3) arbitrators shall be binding upon Landlord and Tenant. (v) If either Landlord or Tenant fails to appoint an arbitrator within fifteen (15) days after the applicable Outside Agreement Date, then the arbitrator appointed by one of them shall reach a decision, notify Landlord and Tenant thereof and such arbitrator’s decision shall be binding upon Landlord and Tenant. (vi) If the two (2) arbitrators fail to agree upon and appoint a third arbitrator, or if both parties fail to appoint an arbitrator, then the appointment of the third arbitrator or any arbitrator shall be dismissed and the matter to be decided (that is, the selection of Landlord’s or Tenant’s submitted Fair Market Rental Value) shall be forthwith submitted to arbitration under the provisions of the American Arbitration Association, but subject to the commencement instruction set forth in this Subsection. (vii) The cost of such Extension Term, then Annual Base Rent the arbitration shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested paid by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.equally. Glaukos Building 26600 NNN Form 11/16 -36-

Appears in 1 contract

Samples: Office Building Lease (GLAUKOS Corp)

Option to Extend. (a) Provided that the Tenant is shall not then be in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall hereunder either at the expiration time of the Term, provided the Tenant has given the Landlord notice of its exercise of the option or on the commencement date of the term of the option, Tenant shall have two (2) successive options of five (5) years each to extend the term of this Lease beyond the Initial Term upon the same terms and conditions as those herein specified, as applicable to the Initial Term of Lease, with the exception of the minimum monthly rental which shall be as provided in Section 5 .2 herein below. In the event Tenant exercises one or both of the foregoing options, if Landlord's leasehold interest in the Shopping Center expires prior to the expiration date of such option or options, this Lease shall terminate as of the expiration date of Landlord's leasehold interest in the Shopping Center, unless this Lease is extended between agreement between Tenant and the owner of the Shopping Center. Tenant acknowledges and agrees that landlord shall have no obligation to exercise any option which extends the term of this lease beyond the date on which Landlord's leasehold interest would otherwise terminate. If Tenant elects to exercise the first of said options, Tenant shall do so by giving Landlord written notice of such election at least twelve six (126) months but not more than twelve-- (12)months prior to the expiration of the Initial Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Termand, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that it 'the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodelects to exercise the additional option, the Tenant shall do so by giving Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord written notice of its exercise of the option to extend such election at least six (6) months but not more than twelve (12) months prior before the beginning of the additional period for which the term hereof is to be extended by the exercise of said option. Notwithstanding the foregoing, if Tenant fails to exercise the second option granted hereunder within the above-prescribed time period and Landlord, on or before the termination of this Lease, elects to extend the term of its leasehold interest in the Shopping Center (which term would have otherwise expired during the option term which Tenant elected not to exercise) Tenant shall have ten (10) days after receipt of written notice of Landlord's extension election in which to elect to exercise the otherwise expired option by giving Landlord written notice of such election within said ten (10) day period. If Tenant exercises either option hereunder, the term of this Lease shall be automatically extended for the additional period of years covered by the option so exercised, or such portion thereof as Tenant's leasehold interest in the Shopping Center is in effect, without execution of an extension or renewal lease. As used in this Lease, the phrases "term of this Lease", "the term hereof", "Lease Term" or words of like import shall refer to the expiration Interim Term of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and to the Annual Base Rent Initial Term of this Lease, as the case may be, together with, in any such case, any extended term with respect to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term which an option shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateexercised.

Appears in 1 contract

Samples: Employment Agreement (Piedmont Bancorp Inc)

Option to Extend. (a) Provided that the Tenant Equinix, Inc., a Delaware corporation, or an Affiliate (as hereinafter defined) (said Equinix, Inc. or an Affiliate being hereinafter collectively referred to as "Equinix") (i) is not then in default in the payment of any Rent due under this Lease and is not then in _____________ *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. default in the performance of any of its other obligations under this Lease Lease, and (ii) has not been in default beyond any applicable notice and cure or grace periodperiods more than once during the immediately preceding two (2) years of the term, in each case both at the Landlord time of exercise of the Renewal Option, as hereinafter defined, and at the commencement of the Renewal Period, as hereinafter defined, and is then in occupancy of the Leased Premises at the time of exercise of the Renewal Option, as hereinafter defined, and at the time of the commencement of the Renewal Period, as hereinafter defined, Equinix shall at have an option (the "Renewal Option") to extend the term of this Lease for an additional five (5) year period (the "Renewal Period") after the expiration of the Terminitial term. The Renewal Option shall be exercisable only by written notice given by Equinix to Landlord not later than twelve (12) months, provided nor earlier than fifteen (15) months, prior to the Tenant has given expiration of the initial term. In the event that Equinix does not timely exercise the Renewal Option, the Renewal Option shall be null and void and of no further force or effect, time being of the essence in the exercise of the Renewal Option and it being acknowledged and agreed by Equinix that Landlord shall be entitled to rely on any failure by Equinix to give written notice of its exercise of the option to extend at least twelve (12) months prior to Renewal Option by the expiration of the Term, extend the Term date set forth herein for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same such exercise thereof. All terms and conditions contained in of this Lease shall be applicable during the Renewal Period except extension options and that the Annual amount of Base Rent charged for the Renewal Period shall be the then "Prevailing Market Rent", which shall be the rent for comparable space in comparable buildings in Loudoun County, Virginia; provided, however, that in no event shall the Prevailing Market Rent determined as aforesaid be deemed to be paid during less than the First Extension Term. (b) Provided that Base Rent for the Tenant is not then in default of its obligations entire Leased Premises payable under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration immediately preceding commencement of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the PremisesRenewal Period. If the within thirty (30) days following delivery of Equinix's notice, Landlord and the Tenant Equinix have not mutually agreed on the amount Prevailing Market Rent for the Renewal Period, then within ten (10) days after the expiration of the Annual Base Rent at least three (3) months prior such thirty-day period, each party shall give written notice to the commencement other setting forth the name and address of a Broker (as hereinafter defined) selected by such Extension Termparty who has agreed to act in such capacity, then Annual Base to determine the Prevailing Market Rent. If either party shall fail to select a Broker as aforesaid, the Prevailing Market Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested determined by the Landlord and, upon Broker selected by the other party. Each Broker shall thereupon independently make his determination of the Annual Base Prevailing Market Rent within twenty (20) days after the appointment of the second Broker. If the two Brokers' determinations are not the same, but the higher of such two values is not more than one hundred five percent (105%) of the lower of them, then the Prevailing Market Rent shall be deemed to be the average of the two values. If the higher of such two values is more than one hundred five percent (105%) of the lower of them, then the two Brokers shall jointly appoint a third Broker within ten (10) days after the second of the two determinations described above has been rendered. The third Broker shall independently make his determination of the Prevailing Market Rent within twenty (20) days after his appointment. The highest and the lowest determinations of value among the three Brokers shall be disregarded and the remaining determination shall be deemed to be the Prevailing Market Rent. Within thirty (30) days after the Prevailing Market Rent is determined as aforesaid, the Landlord and parties shall execute an amendment to this Lease setting forth the Tenant shall make new Rent to be paid for the appropriate adjustments together with interest at the Prime RateRenewal Period.

Appears in 1 contract

Samples: Lease (Equinix Inc)

Option to Extend. (a) Provided that Tenant is. in possession of the Tenant Premises on the date it exercises its right and option to extend this Lease and is not then in default of its obligations under this Lease, Tenant shall have the right and option (the "Extension Option") to extend the Initial Term of this Lease beyond any applicable cure or grace periodfor three (3) extended terms of five (5), consecutive years (each being an "Extended Term,"). The Extended Term shall be on all the, terms and conditions of this, Lease except that the Base Rent for the Extended Term shall be established and fixed as set forth in Exhibit B. (b) Tenant shall exercise its Extension Option for the Extended Term by giving written notice to Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option desire to extend at least twelve do so not later than six (126) months prior to the expiration Expiration Date of the Term, Term then in effect. The giving of such notice by Tenant shall automatically extend the Term of this Lease for the Extended Term, and no instrument of renewal need be executed. In the event that Tenant fails to give such notice to Landlord in a further term of five (5) years (the “First Extension Term”) from the expiration timely manner as aforesaid, time being of the Termessence thereof, upon the same terms and conditions contained in this Lease except extension options and shall automatically terminate at the Annual Base Rent to be paid during end of the First Extension Term. (b) Provided that the Tenant is not Term then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord effect and Tenant shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the have no further option to extend at least twelve (12) months prior to the expiration Term of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermLease. (c) At the expiration of the third Extended Term, Tenant shall have an option to further extend this Lease for two (2) consecutive ten (10) year terms (each being an "Additional Extended Term"). The Annual Base Rent during any Extension Term shall be the Current Market Rent for the PremisesAdditional Extended Term shall, be agreed upon by the parties in writing for each renewal period upon six (6) months notice to Landlord from Tenant that it intends to exercise its option for an Additional Extended Term. If In the Landlord and event that the Tenant have parties cannot mutually agreed agree on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension for each Additional Extended Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant will each select an appraiser who will determine a fair market rent. Thereafter, the two appraisers will establish the Base Rent predicated on their appraisals. In the event that the two selected appraisers cannot agree on the Base Rent, said appraisers shall make select a third appraiser, who shall establish the appropriate adjustments together with interest Base Rent at an amount not to exceed the Prime Ratehighest nor less than the lowest of the two original appraisals. The cost of the third appraiser shall be shared equally by the parties.

Appears in 1 contract

Samples: Lease (Southern Connecticut Bancorp Inc)

Option to Extend. Landlord reserves the right to refuse to allow you the option of extending the term of this Lease if you or a permitted assignee or sublessee are not occupying and doing business from the Premises (aother than as a result of casualty) Provided that at the Tenant time an option to extend is not then exercised or at the time an extended term commences or if you are in default of its obligations under this the Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Termapplicable grace period, provided if any, either at the Tenant has given the Landlord notice of its exercise of time the option to extend is exercised or at least twelve (12) months prior the time the extended term commences or if you fail to timely provide Landlord with the Renewal Notice . Subject to the expiration of foregoing, Landlord grants to you the Term, option to extend the Term term of this Lease for a further five year extended term of five (5) years (the “First Extension Extended Term”) from ), the expiration First Extended Term to begin on the day after the end of the Termprimary term of this Lease. To effectively exercise your First Extended Term option, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, you must timely provide the Landlord shall at with the expiration Renewal Notice. If Landlord does not timely receive the Renewal Notice, time being of the essence, you will not be entitled to exercise your First Extension TermExtended Term option. If you exercised your First Extended Term option, provided and subject to the Tenant has given the first sentence of this Section, Landlord notice of its exercise of grants to you the option to extend at least twelve (12) months prior to the expiration term of the First Extension Term, extend the First Extension Term this Lease for a further second five year extended term of five (5) years (the “Second Extension Extended Term”) from ), the expiration Second Extended Term to begin on the day after the end of the First Extended Term. To effectively exercise your Second Extended Term option, upon you must timely provide the same terms and conditions contained in this Lease except extension options and Landlord with the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the PremisesRenewal Notice. If Landlord does not timely receive the Landlord and the Tenant have not mutually agreed on the amount Renewal Notice, time being of the Annual Base Rent at least three (3) months prior essence, you will not be entitled to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateexercise your Second Extended Term option.

Appears in 1 contract

Samples: Lease Agreement (MAKO Surgical Corp.)

Option to Extend. (a) Provided that Landlord reserves the Tenant is not then in default right to refuse to allow you the option of its obligations under extending the term of this Lease beyond any applicable cure if you or grace period, a permitted assignee or sublessee are not occupying and doing business from the Landlord shall Premises (other than as a result of casualty) at the expiration time an option to extend is exercised or at the time an extended term commences or if there exists an uncured Event of Default, either at the Term, provided the Tenant has given the Landlord notice of its exercise of time the option to extend is exercised or at least twelve (12) months prior the time the extended term commences or if you fail to timely provide Landlord with the Renewal Notice. Subject to the expiration of foregoing, Landlord hereby grants to you the Term, option to extend the Term term of this Lease for a further three year extended term of five (5) years (the “First Extension Extended Term”) from ), the expiration First Extended Term to begin on the day after the end of the Termprimary term of this Lease. To effectively exercise your First Extended Term option, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, you must timely provide the Landlord shall at with the expiration Renewal Notice. If Landlord does not timely receive the Renewal Notice, time being of the essence, you shall not be entitled to exercise your First Extension TermExtended Term option. If you exercised your First Extended Term option, provided and subject to the Tenant has given the first sentence of this Section, Landlord notice of its exercise of grants to you the option to extend at least twelve (12) months prior to the expiration term of the First Extension Term, extend the First Extension Term this Lease for a further second three year extended term of five (5) years (the “Second Extension Extended Term”) from ), the expiration Second Extended Term to begin on the day after the end of the First Extended Term. To effectively exercise your Second Extended Term option, upon you must timely provide the same terms and conditions contained in this Lease except extension options and Landlord with the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the PremisesRenewal Notice. If Landlord does not timely receive the Landlord and the Tenant have not mutually agreed on the amount Renewal Notice, time being of the Annual Base Rent at least three (3) months prior essence, you shall not be entitled to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateexercise your Second Extended Term option.

Appears in 1 contract

Samples: Multi Tenant Lease (MAKO Surgical Corp.)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodCommencing November 1, the Landlord shall at the expiration 2001, Paragraph 25 of the TermLease is deleted in its entirety and replaced by the following: OPTION TO EXTEND A. Tenant may, provided at its option, extend the Tenant has Term for one renewal period of five years (the "RENEWAL PERIOD") by written notice to Landlord (the "RENEWAL NOTICE") given the Landlord notice of its exercise of the option to extend at least twelve (12) no earlier than 14 nor later than 12 months prior to the expiration of the TermSecond Extension Period, extend provided that at the Term time of such notice and at the commencement of such Renewal Period, (i) Tenant remains in occupancy of the Leased Premises, and (ii) no uncured event of default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an event of default). Such Renewal Period shall commence upon the expiration date of the Second Extension Period. The Base Rental payable during the Renewal Period shall be the Market Rental Rate (defined in Paragraph 39 to the Lease), including any projected rate increases over the applicable Renewal Period. Except as provided herein, all terms and conditions of the Lease shall continue to apply during the Renewal Period(s). B. Within 30 days of the Renewal Notice, Landlord shall notify Tenant of the Base Rental (which shall be Landlord's estimate of the Market Rental Rate) for a further term of five (5) years such Renewal Period (the “First Extension Term”) "RENTAL NOTICE"). Tenant may accept the terms set forth in the Rental Notice by written notice (the "ACCEPTANCE NOTICE"), or reject the terms set forth in the Renewal Notice by written notice (the "REJECTION NOTICE"), to Landlord given within 45 days after receipt of the Rental Notice (the "NEGOTIATION DEADLINE"). If Tenant timely delivers its Acceptance Notice, Tenant and Landlord shall, within 45 days after receipt, execute a lease amendment confirming the Base Rental and other terms applicable during the Renewal Period. If Landlord and Tenant do not agree on the Base Rental for the Renewal Period, the parties will negotiate in good faith and attempt to reach an agreement. If Landlord and Tenant cannot agree to the Base Rental for the Renewal Period on or before the Negotiation Deadline, then Landlord and Tenant shall have an additional 15 days from the expiration Negotiation Deadline within which Landlord and Tenant shall each have the option to elect to have such dispute resolved by arbitration pursuant to this subsection by giving the other party written notice (each an "ARBITRATION NOTICE") of its election within such 15-day period. If Tenant fails to timely deliver its Acceptance Notice or Rejection Notice or if Landlord and Tenant are unable to resolve such dispute on or before the TermNegotiation Deadline, and neither Landlord nor Tenant has so exercised its option to have such dispute resolved by arbitration, then the election shall be deemed cancelled and of no further force or effect. C. If Landlord or Tenant timely gives the other an Arbitration Notice, then the Market Rental Rate for the applicable Renewal Term shall be settled by arbitration in accordance with the following provisions, and any determination as a result thereof shall be binding upon the parties: (i) Landlord and Tenant shall use reasonable efforts to agree, within five business days following receipt of an Arbitration Notice, upon the same terms and conditions contained in this Lease except extension options and appointment of one arbitrator to resolve the Annual Base Rent to matter. If an agreement on a single arbitrator cannot be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace reached within such 5 business-day period, Landlord and Tenant shall each appoint their respective arbitrator within ten business days following the Landlord shall at the expiration lapse of the First Extension Term, provided five business-day period and shall specify the Tenant has given name and address of their respective arbitrator to the Landlord notice of its exercise of the option to extend at least twelve (12) months other party prior to the expiration of such ten business-day period; provided, that if one party fails to specify the First Extension Termname and address of its selected arbitrator within such ten business-day period the other party shall give such failing party written notice, extend and if within five days after such written notice the First Extension Term for failing party still has not specified an arbitrator, the arbitrator selected by the other party shall act as the single arbitrator as if both parties had agreed to the appointment of such arbitrator as provided above. The selected arbitrators shall then appoint a further term third arbitrator within ten business days following their appointment. If the two arbitrators are unable to agree upon a third arbitrator within such ten business-day period, the third arbitrator shall be appointed as soon as reasonably possible thereafter by the American Arbitration Association (or any successor organization, or if no successor organization shall then exist, by a court of five (5) years (competent jurisdiction residing in HarrisCounty, Texas), subject to the “Second Extension Term”) from qualification requirements set forth below. In the expiration event of the Termfailure, upon refusal or inability of any arbitrator to act, a new arbitrator shall be appointed in his stead, which appointment shall be made in the same terms and conditions contained in this Lease except extension options and manner as set forth above for the Annual Base Rent appointment of such resigning arbitrator. Immediately following the selection of the final arbitrator, the arbitrator(s) shall meet and, within 15 days following the complete selection of the arbitrator(s), endeavor to be paid during resolve the Second Extension Termmatter. (cii) Within three business days following the selection of all arbitrators, each party shall submit to the arbitrators such party's proposed Market Rental Rate, together with reasonable evidence supporting such proposed rate. The Annual Base Rent during any Extension Term arbitrator(s) shall select either the proposed Market Rental Rate submitted by Landlord or the proposed Market Rental Rate submitted by Tenant, whichever proposal the arbitrator(s) deem to be the most nearly correct according to the definitions, terms and requirements set forth in this Lease, with no compromise. The power of the arbitrators shall be exercised by the Current Market Rent concurrence of at least two arbitrators, except that if only one arbitrator is required, the decision of such arbitrator shall govern. The arbitrator(s) shall have the authority to request additional facts or evidence from each of the parties and, if such arbitrators so require, a hearing to present the same. In the event of such a hearing, rules of evidence applicable to state court judicial proceedings in Houston, Texas civil district courts shall govern; however, evidence will be admitted or excluded in the sole discretion of the arbitrator(s). The arbitrator(s) shall resolve the controversy and shall execute and acknowledge their decision, together with a brief statement describing the rationale for such decision, in writing and deliver a copy thereof to each of the Premisesparties personally or by registered or certified mail, return receipt requested. If the arbitrators fail to reach an agreement during such 15-day period (as extended pursuant to the next sentence), they shall be discharged, and new arbitration proceedings shall commence, which appointments shall be made in the same manner as set forth above. By agreement in writing, Landlord and Tenant may extend the Tenant have not mutually agreed on time to reach agreement either before or after the amount expiration thereof up to a maximum of 30 additional days. (iii) Each party shall bear their own costs and the costs of the Annual Base Rent at least three arbitrator it appoints. The cost of the third arbitrator (3or the single arbitrator if only one arbitrator is required) months shall be split equally. (iv) Each arbitrator shall be a real estate broker licensed under the laws of the State of Texas, and shall have been actively and continuously engaged in leasing transactions involving in the aggregate more than 2,000,000 square feet of rentable area of office space in Houston, Texas for the immediately preceding 15-year period. The arbitrator(s) selected by Landlord and Tenant may not be the real estate brokers or agents that represented Landlord and Tenant in negotiations regarding the Market Rental Rate prior to the commencement submission of such Extension Term, then Annual Base Rent the proposed Market Rental Rates to arbitration. (v) The decision of the arbitrator(s) shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determinedfinal and non-appealable, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the be binding on both Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateTenant, and may be enforced in any court of competent jurisdiction.

Appears in 1 contract

Samples: Lease Contract (Bisys Group Inc)

Option to Extend. Lessor grants to Lessee one (a1) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration term of the Termthis Lease, extend the Term such option being for a further term period of five (5) years (hereinafter referred to as the “First Extension Term”"EXTENSION PERIOD"), provided Lessee (i) from is not in default under this Lease (with respect to monetary obligations or material non-monetary obligations) beyond the expiration of applicable notice and cure provisions on the Termdate Lessee notifies Lessor of its intent to exercise this option, and (ii) has not sublet more than forty-five percent (45%) of the Demised Premises (other than to subsidiaries or affiliates, as hereinafter defined). Lessee may exercise this option to extend only by serving on Lessor written notice of its intent to exercise the aforesaid option no later than thirteen (13) months, nor earlier than fifteen (15) months, prior to the date of expiration of the initial term of this Lease. The Monthly Rent for the Extension Period shall be determined by the mutual agreement of Lessor and Lessee within thirty (30) days after the date Lessor receives Lessee's notice of its election to extend the term of this Lease for the Extension Period. The Monthly Rent for the CARR XXXL ESTATE SERVICES -------------------------------------------------------------------------------- applicable Extension Period shall be based upon one hundred percent (100%) of the same then current Market Base Rent (as hereinafter defined) for the Demised Premises. Lessee's obligation to pay as additional rent its proportionate share of the Operating Expenses, Operating Costs and Real Estate Taxes as provided for in the section of this Lease entitled, "OPERATING EXPENSES, OPERATING COSTS AND REAL ESTATE TAXES", shall continue uninterrupted from the initial term of this Lease for the Extension Period. All other terms and conditions contained in provisions of this Lease except extension options shall remain in full force and the Annual Base Rent to be paid effect during the First Extension Term. (b) Provided that Period, provided, however, Lessee shall have no further option to extend the Tenant is not then in default term of its obligations under this Lease beyond any applicable cure or grace period, that set forth herein. In the Landlord shall at event Lessor and Lessee are unable to agree within the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve thirty (1230) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, day period upon the same terms and conditions contained in this Lease except extension options and the Annual then current Market Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Demised Premises in order to determine the Landlord and Monthly Rent for the Tenant have not mutually agreed on Extension Period, then the amount of the Annual current Market Base Rent at least upon which the Monthly Rent for the Extension Period will be based shall be determined by a board of three (3) months prior to licensed real estate agents. Lessor and Lessee shall each appoint one (1) agent within ten (10) days after expiration of the commencement thirty (30) day period, or sooner if mutually agreed upon. The two so appointed shall select a third within ten (10) days after they both have been appointed. Each agent on said board shall be licensed in the District of Columbia as a real estate agent, specializing in the field of commercial leasing in the downtown and central business district areas of Washington, D.C., having no less than ten (10) years experience in such Extension Termfield, then Annual and recognized as ethical and reputable within his or her field. Each agent, within ten (10) days after the third agent is selected, shall submit his or her determination of said market base rate. The current Market Base Rent shall be decided the mean of the two closest rental rate determinations, unless there are no two (2) closest rental rate determinations, in which case the middle of the three (3) shall govern, and the initial Monthly Rent for the Extension Period shall be based upon said current Market Base Rent. In arriving at their individual rental rate determinations, each agent shall consider and analyze all the components of this Lease (as well as the number of months in the manner set out in Section 3.3future that the Extension Period will commence), and apply to them the current market factors for Market Base Rent. Until the Annual Base Rent has been determined, the Tenant Lessor and Lessee shall each pay the monthly Rent requested by the Landlord and, upon the determination fee of the Annual Base Rent, agent selected by it and they shall share the Landlord and payment of the Tenant shall make fee of the appropriate adjustments together with interest at the Prime Ratethird agent.

Appears in 1 contract

Samples: Office Lease (Charles River Associates Inc)

Option to Extend. (a) Provided Landlord hereby grants Tenant an option to extend the term of the Lease for one additional period of five (5) years, commencing immediately after the expiration of the initial term, upon the same material terms and conditions contained herein, except that (i) the Monthly Base Rent for the Premises shall be equal to ninety-five percent (95%) of the fair market rent for the Premises determined in the manner set forth in subparagraph (b) below, (ii) Tenant shall accept the Premises in an "as is" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises, except to the extent that the determination of fair market rent includes improvements and/or an improvement allowance (iii) the Base Years for Taxes and Expenses shall be the calendar year in which the renewal term commences, and (iv) there shall be no further options to extend the term of the Lease. The determination of "fair market rent" shall take into account and reflect any then market tenant improvements, improvement allowances and moving allowances, rent abatement and other concessions and inducements then being offered for comparable space in comparable buildings in the market area of the Premises. For example, if the then fair market rent includes a $10 per rentable square foot improvement allowance and three months of free rent, then, at Landlord's option, Tenant shall either receive these actual inducements, or have their value factored into Tenant's base rent for the renewal term, so that if Landlord chooses the latter option Tenant's base rental would be reduced by the value of these inducements. Tenant's election to exercise the option granted herein must be given to Landlord in writing no less than 270 days prior to expiration of the initial term. If Tenant properly exercises the option granted herein, references in the Lease to the term shall be deemed to mean the option term unless the context clearly provides otherwise. Notwithstanding anything to the contrary contained herein, this extension option shall be conditioned upon Tenant not being in material, monetary Default under the Lease at the time Tenant gives Landlord its notice of exercise, provided that Landlord must have previously provided Tenant written notice and an opportunity to cure any such Default as required by the Lease. (b) If Tenant properly exercises its option to extend the term of the Lease, the Monthly Base Rent during the option term shall be determined in the following manner. The Monthly Base Rent shall be adjusted to an amount equal to ninety-five percent (95%) of the fair market rent for the Premises as of the commencement of the option term for a term equal to the option term, as specified by Landlord by notice to Tenant not less than two hundred forty (240) days prior to commencement of the option term, subject to Tenant's right of arbitration as set forth below. If Tenant believes that the fair market rent specified by Landlord exceeds the actual fair market rent for the Premises as of commencement of the option term, then Tenant shall so notify Landlord within thirty (30) days following receipt of Landlord's notice. If Tenant fails to so notify Landlord within said thirty (30) days, Landlord's determination of the fair market rent for the Premises shall be final and binding upon the parties. For a period of ten (10) business days after the date Tenant provides Landlord its notification of objection to such fair market rent, the parties shall negotiate in good faith and endeavor to agree upon the fair market rent, and in any event at the end of such ten business day period (the "Agreement Date"), Tenant shall (x) accept Landlord's determination, or (y) give Landlord notice that Tenant elects to proceed to arbitration. If the parties agree on the fair market rent on or before the Agreement Date, they shall promptly execute an amendment to this Lease setting forth such agreed upon rental terms. If arbitration is elected, the parties shall complete the arbitration process as follows: (1) Within twenty (20) business days after the Agreement Date, if the parties have not otherwise agreed upon the fair market rent, Tenant, at its sole expense, shall obtain and deliver in writing to Landlord a determination of the fair market rent for the Premises for a term equal to the option term from a broker ("Tenant's broker") licensed in the State of California and engaged in the office brokerage business in the area of Oakland, Emeryville and Berkeley, California, for at least the immediately preceding five (5) years. If Landlord accepts such determination, the Monthly Base Rent for the option term shall be adjusted to an amount equal to the amount determined by Tenant's broker. (2) If Landlord does not accept such determination, within 15 days after receipt of the determination of Tenant's broker, Landlord shall designate a broker ("Landlord's broker") licensed in the State of California and engaged in the office brokerage business in the area of Oakland, Emeryville and Berkeley, California, for at least the immediately preceding five (5) years. Landlord's broker and Tenant's broker shall name a third broker, similarly qualified, within five (5) days after the appointment of Landlord's broker. Each of said three brokers shall determine the fair market rent for the Premises as of the commencement of the option term for a term equal to the option term of the Lease within 15 days after the appointment of the third broker. If the difference between the determination of Landlord's broker and Tenant's broker is ten percent (10%) or less of the higher determination, then the average between the two determinations shall be the fair market rent. If said difference is greater than ten percent (10%), then the two brokers shall within twenty (20) days of the date that the later submittal is submitted to the parties designate a third broker who shall also be licensed in the State of California and engaged in the office brokerage business in the area of Oakland, Emeryville and Berkeley, California, for at least the immediately preceding five (5) years .The sole responsibility of the third broker will be to determine which of the determinations made by the first two brokers is most accurate. The third broker shall have no right to propose a middle ground or any modification of either of the determinations made by the first two brokers. The third broker's choice shall be submitted to the parties within thirty (30) days after his or her selection. Such determination shall bind both of the parties and shall establish the fair market rent. (3) Landlord shall pay the costs and fees of Landlord's broker in connection with any determination hereunder, and Tenant shall pay the costs and fees of Tenant's broker in connection with such determination. The costs and fees of any third broker shall be paid one-half by Landlord and one half by Tenant. (c) If the amount of the fair market rent is not known as of the commencement of the option term, then Tenant shall continue to pay the Monthly Base Rent in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall effect at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further initial term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on until the amount of the Annual Base Rent at least three (3) months prior to the commencement of fair market basic rent is determined. When such Extension Termdetermination is made, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly any deficiency to Landlord, and Landlord shall refund to Tenant, or allow as a credit against ensuing Rent requested by the Landlord andpayments, any overpayment, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratedemand.

Appears in 1 contract

Samples: Office Lease (Northpoint Communications Group Inc)

Option to Extend. (a) Provided that the Landlord hereby grants Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the a single option to extend at least twelve (12) months prior to the expiration initial Term of the Term, extend the Term Lease for a further term an additional period of five (5) years (such period may be referred to as the “First Extension Option Term”), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the “Option To Extend”), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant’s financial position from such position as of the date of execution of the Lease, as certified by Tenant’s independent certified public accountants, and as supported by Tenant’s certified financial statements, copies of which shall be delivered to Landlord with Tenant’s written notice exercising its right hereunder. (b) Tenant’s election (the “Election Notice”) to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is twelve months (12) months before the Expiration Date and no later than the date which is nine (9) months before the Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the Term, initial Term of the Lease. Tenant’s leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in this the Lease except extension options that (i) the Monthly Base Rent, plus payment of Tenant’s Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant’s obligation) shall be amended to equal the “Option Term Rent”, defined and determined in the Annual manner set forth in the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in its “AS-IS” condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be paid during no further option or right to extend the First Extension Termterm of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (bd) Provided that The Option Term Rent shall mean the greater of (i) the Monthly Base Rent payable by Tenant is not then in default of its obligations under this Lease beyond any calculated at the rate applicable cure for the last full month of the initial Term, plus payment of Tenant’s Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or grace periodservice provider, which direct payments shall continue to be Tenant’s obligation) (collectively, “Preceding Rent”) or (ii) the “Prevailing Market Rent”. As used in this Section Prevailing Market Rent shall mean the rent and all other monetary payments, escalations and triple net payables by Tenant, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for a term equal to the Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following: the size, location and floor levels of the Premises; the type and quality of tenant improvements (including Tenant’s Improvements); age and location of the Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for new leases of space comparable to the Premises in the Project and in comparable buildings in the mid-Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for “Tenant Concessions” (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the preceding sentence, the Landlord term “Tenant Concessions” shall at include, without limitation, so-called free rent, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the expiration foregoing criteria shall be made by Landlord, in the good faith exercise of the First Extension Term, provided the Tenant has given the Landlord notice of its Landlord’s business judgment. Within thirty (30) days after Tenant’s exercise of the option to extend at least twelve (12) months prior to the expiration Option To Extend, Landlord shall notify Tenant of the First Extension Term, extend the First Extension Landlord’s determination of Option Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Landlord’s determination of Prevailing Market Rent is greater than the Landlord Preceding Rent, and the Tenant have not mutually agreed on if Tenant, in Tenant’s sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the Annual Base Rent exercise of the option by giving written notice thereof to Landlord within thirty (30) days after notice of Landlord’s determination of Prevailing Market Rent. (e) This Option to Extend is personal to Codexis Inc. and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity except for a Tenant Affiliate. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at least three any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (3i) months Tenant’s failure to timely exercise the Option to Extend in accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of any default on the part of Tenant under the Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a default. (iii) Tenant’s third default under the Lease prior to the commencement of such Extension the Option Term, then Annual Base Rent notwithstanding that all such defaults may subsequently be cured. In the event of Landlord’s termination of the Option to Extend pursuant to this Section, Tenant shall reimburse Landlord for all costs and expenses Landlord incurs in connection with Tenant’s exercise of the Option to Extend including, without limitation, costs and expenses with respect to any brokerage commissions and attorneys’ fees, and with respect to the design, construction or making of any tenant improvements, repairs or renovation or with respect to any payment of all or part of any allowance for any of the foregoing. (g) Without limiting the generality of any provision of the Lease, time shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, essence with respect to all of the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateprovisions of this Section.

Appears in 1 contract

Samples: Lease Agreement (Maxygen Inc)

Option to Extend. (a) Provided that the Tenant is in possession of the Premises and is not then in default of its obligations under any term, covenant or condition of this Lease, Tenant shall have one (1) option to renew the Term of this Lease beyond any applicable cure or grace period, the Landlord shall at for five (5) years to commence immediately upon the expiration of the Terminitial Term or renewal term, provided upon the Tenant has given same terms, covenants and conditions as contained in this Lease, except that (i) the Landlord notice of its annual base Rent during said Renewal Term shall be the then prevailing market rate, plus all sales, use, excise and other taxes now or hereinafter enforced by any lawful authority on all amounts due. In order to exercise of the option to extend at least twelve granted herein, Tenant shall notify Landlord, in writing, not less than ninety (1290) months days prior to the expiration of the initial Term, extend that it is considering exercising its option to renew the Term Term. On receipt of such notice, Landlord will, in writing, not later than thirty (30) days after receipt of the notice from Tenant, quote to Tenant what the new annual base Rent will be for the ensuing Renewal Term. Tenant shall then notify Landlord, in writing, not later than fifteen (15) days after notice received of such annual base rents, as to whether or not it will exercise the option herein granted, and, if no such notice of exercise is received, the option shall be deemed waived. In the event Tenant exercises the option, Landlord and Tenant shall execute a further term modification to this Lease acknowledging such renewal and setting forth the new annual base Rent. The option shall be void if, at the time of five (5) years (exercise of such option, Tenant is not in possession of the “First Extension Term”) Premises or is in default under this Lease or if Tenant fails to deliver the requisite notice thereof within the time period specified above. The option granted herein shall not be severed from this Lease, separately sold, assigned or transferred. BUILDING RULES AND REGULATIONS The following Building Rules and Regulations have been adopted by Landlord for the care, protection and benefit of the Premises and the Building and for the general comfort and welfare of all tenants. 1. The sidewalks, entrances, passages, halls, elevators and stairways shall not be obstructed by Tenant or used by Tenant for any purpose other than for ingress and egress to and from the Building and Tenant's Premises. 2. Restroom facilities, water fountains, and other water apparatus shall not be used for any purpose other than those for which they were constructed. 3. Landlord reserves the right to designate the time when freight, furniture, goods, merchandise and other articles may be brought into, moved or taken from Tenant's Premises or the Building. 4. Tenant shall not put additional locks or latches upon any door without the prior written discretionary consent of Landlord. Any and all locks so added on any door shall remain for the benefit of Landlord, and the keys to such locks shall be delivered to Landlord by and from Tenant. 5. Landlord shall not be liable for injuries, damage, theft, or other loss, to persons or property that may occur upon, or near any parking areas that may be provided by Landlord. Tenant, its agents, employees, and invitees are to use same at their own risk, Landlord to provide no security with respect thereto. The driveways, entrances, and exits upon, into and from such parking areas shall not be obstructed by Tenant, Tenant's employees, agents, guests, or invitees. Tenant, its employees, agents, guests and/or invitees shall not park in space(s) that are identified as reserved for others. 6. Tenant shall not install in the Premises any heavy equipment or fixtures or permit any concentration of excessive weight in any portion thereof without first having obtained Landlord's written consent. 7. Landlord reserves the right at all times to exclude newsboys, loiterers, vendors, solicitors, and peddlers from the Building and to require registration or satisfactory identification or credentials from all persons seeking access to any part of the Building outside ordinary business hours. Landlord will exercise its best judgment in the execution of such control but will not be liable for the granting or refusal of such access. 8. Landlord reserves the right at all times to exclude the general public from the Building upon such days and at such hours as in Landlord's sole judgment will be in the best interest of the Building and its tenants. 9. No wires of any kind or type (including but not limited to T.V. and radio antennas) shall be attached to the outside of the building and no wires shall be run or installed in any part of the Building without Landlord's prior written consent. 10. If the Premises are furnished with carpeting, Tenant shall provide a plexiglass or comparable carpet protection mat for each desk chair customarily used by Tenant. For default or carelessness in these respects, Tenant shall pay Landlord the cost of repairing or replacing said carpet, in whole or in part, as Additional Rent when, in Landlord's sole judgment, shall repair or replacement is necessary. 11. Landlord shall furnish a reasonable number of door keys to Tenant's premises and/or the Building which shall be surrendered on termination or expiration of the Term, upon Lease. Landlord reserves the same terms and conditions contained in this Lease except extension options and the Annual Base Rent right to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall require a deposit for such keys to insure their return at the termination or expiration of the First Extension TermLease. Tenant shall get keys only from Landlord and shall not obtain duplicate keys from an outside source. Further, provided Tenant shall not alter the locks or effect any substitution of such locks as are presently being used by Tenant's Premises or the Building. 12. Tenant has given the Landlord notice of its exercise of the option shall keep all doors to extend Premises closed at least twelve (12) months prior all times except for ingress and egress to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermPremises. (c) The Annual Base Rent during any Extension Term 13. All installations in the Common Telephone/Electrical Equipment Rooms shall be the Current Market Rent limited to terminal boards and connections. All other electrical equipment must be installed within Tenant's Premises. 14. It is expressly understood and agreed that any items of any nature whatsoever placed in Common Areas (i.e., hallways, restrooms, elevators, parking garage, storage areas and equipment rooms) are placed at Tenant's sole risk and Landlord assumes no responsibility whatsoever for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateany loss or damage as regards same.

Appears in 1 contract

Samples: Sublease (Brite Voice Systems Inc)

Option to Extend. Lessor hereby grants to Lessee two (a2) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option options to extend at least twelve (12) months prior to the expiration Initial Term of the Termthis Lease, extend the Term each for a further term period of five (5) years (each, an “Extension Option”). Each respective Extension Option shall be deemed exercised unless Lessee provides Lessor with written notice, on or before one year prior to the “First then scheduled Expiration Date, of Lessee’s election not to exercise the respective Extension Term”Option. In the event the Term of this Lease shall be extended under this Section, then all of the terms, covenants and conditions of this Lease shall remain unmodified and in full force and effect, except that: (i) from Each Extension Term shall commence immediately upon the expiration of the Initial Term or prior Extension Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Termas applicable. (bii) Provided that The Base Rent for the Tenant is not then in default of its obligations under this Lease beyond any applicable cure Extension Term shall be determined as follows. Within thirty (30) days after the exercise or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its deemed exercise of the option Extension Option, Lessor shall notify Lessee in writing as to extend at least twelve Lessor’s determination, in Lessor’s good faith judgment, of the fair market rent of comparable space (12including square footage, location and quality of the Property) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years Property (the “Second Extension TermFair Market Rent”) together with reasonable back-up material supporting Lessor’s determination. Lessee shall have twenty (20) days from the expiration receipt of Lessor’s determination of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Fair Market Rent to be paid during the Second Extension Termaccept or reject Lessor’s determination. (ciii) The Annual Until the Fair Market Rent has been agreed upon, the initial Base Rent during any for the Extension Term shall be the Current Base Rent payable during the month preceding the commencement of the applicable Extension Term. In the event the Fair Market Rent for is determined to be greater than such amount, then Lessee shall promptly pay Lessor any balance due. (iv) If Lessee timely objects to Lessor’s determination of Fair Market Rent, Lessor and Lessee shall diligently attempt in good faith to agree on the PremisesFair Market Rent within ten (10) days of Lessee’s notice of objection (“Outside Agreement Date”). If Lessor and Lessee fail to reach agreement by the Outside Agreement Date, each shall make a separate determination of the Fair Market Rent within five (5) days of the Outside Agreement Date. Such determination shall then be submitted to arbitration in accordance with (v) below. (v) Within fifteen (15) days of the Outside Agreement Date, the Parties shall agree upon an arbitrator who shall decide whether the Parties will use Lessor’s or Lessee’s submitted Fair Market Rent and shall promptly notify Lessor and Lessee of its decision. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior Parties are unable to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, agree upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.arbitrator within fifteen

Appears in 1 contract

Samples: Lease Agreement

Option to Extend. (aA) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the Lessor grants to Lessee one (1) option to extend at least twelve (12) months prior to the expiration term of the Term, extend the Term Lease for a further term period of five (5) years (the “First "Extension Term”) from the expiration of the TermPeriod"), upon the same terms provided Lessee exercises such option as set forth below, and conditions contained provided further that Lessee is not in Material Default under this Lease except extension options either on the date Lessee notifies Lessor of its intent to exercise this option or at any time thereafter up to and including the Annual Base Rent date upon which the Extension Period is to be paid during the First Extension Termcommence. Lessee may exercise this option to extend only by serving on Lessor written notice of its intent to exercise this option no later than June 30, 2005, nor earlier than January 1, 2005. (bB) Provided Within thirty (30) days after the date Lessor receives Lessee's notice, if such notice is timely and properly given, Lessor shall deliver to Lessee Lessor's determination of what Monthly Rent under the Lease should be as of the commencement of the Extension Period as well as any escalation formula of Monthly Rent applicable during the Extension Period; Lessor's statement of the initial Monthly Rent shall be based upon Lessor's reasonable determination of what the Net Effective Market Rental Rate (as hereinafter defined) will be as of the commencement of the Extension Period as well as its determination of the then applicable Market Escalator (as hereinafter defined). For sixty (60) days following the date Lessor delivers its determination of these business terms to Lessee, Lessor and Lessee will attempt in good faith to reach mutual agreement on the these business terms under which Lessor is willing to lease to Lessee and Lessee is willing to lease from Lessor the Demised Premises for the Extension Period. The initial Monthly Rent for the Extension Period shall be based upon one hundred percent (100%) of the Net Effective Market Rental Rate for the Demised Premises as of the commencement of the Extension Period. The Monthly Rent during the Extension Period shall continue to be subject to annual adjustment and escalation, but such adjustment and escalation shall be based upon the then prevailing mechanism for effectuating periodic escalation of base rent in the market place for office leases in the central business district of the District of Columbia (the "Market Escalator"). Additional rent for Operating Expenses, Operating Costs and Real Estate Taxes as set forth in the Section of this Lease entitled, "OPERATING EXPENSES, OPERATING COSTS AND REAL ESTATE TAXES, " shall continue uninterrupted from the initial term of the I-ease through the Extension Period, except that the Tenant Base Year (as such term is not then defined in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord that Section) shall at the expiration become calendar year 2007. All other terms and provisions of the First Lease shall remain in full force and effect during the Extension TermPeriod, provided the Tenant has given the Landlord notice of its exercise of the except that Lessee shall have no further option to extend at least twelve (12) months prior to the expiration term of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermLease. (cC) The Annual Base Rent during any In the event Lessor and Lessee are unable to agree within said sixty (60) day period upon the Net Effective Market Rental Rate for the Demised Premises as of the commencement of the Extension Term shall be Period in order to determine the Current Market initial Monthly Rent for the Premises. If Extension Period or upon the Landlord and then prevailing Market Escalator, then the Tenant have not mutually agreed on the amount Net Effective Market Rental Rate as of the Annual Base commencement of the Extension Period upon which the initial Monthly Rent at least for the Extension Period will be based, the Market Escalator, or both shall be determined by a board of three (3) months prior to licensed real estate brokers. Lessor and Lessee shall each appoint one (1) broker within ten (10) days after expiration of the sixty (60) day period, or sooner if mutually agreed upon. The two so appointed shall select a third within fifteen (15) days after they both have been appointed. Each broker on said board shall be licensed in the District of Columbia as a Real Estate Broker, specializing in the field of commercial leasing in the central business district having no less than ten (10) years experience in such field, and recognized as ethical and reputable within his or her field. Each broker, within fifteen (15) days after the third broker is selected, shall submit his or her determination of the Net Effective Market Rental Rate as of the commencement of such the Extension TermPeriod. -Net Effective Market Rental Rate shall be the mean of the two closest rental rate determinations, and the initial Monthly Rent for the Extension Period shall be based upon the Net Effective Market Rental Rate. If the three broker method is used to determine the Market Escalator, then Annual Base Rent shall be decided the method identified by a majority of the brokers as the prevailing method of effectuating escalation of base rent in the manner set out in Section 3.3. Until market place shall become the Annual Base Rent has been determined, Market Escalator during the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateExtension Period.

Appears in 1 contract

Samples: Office Lease (Hagler Bailly Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the Upon expiration of the Termprimary term of this Lease, provided the ----------------- Tenant has given the Landlord notice of its exercise of the is granted an option to extend at least twelve the term of this Lease for one (121) months additional one hundred twenty (120) month period, (an "extension term") upon the same terms and conditions as are included in this Lease, subject, however, to renegotiation of the rent provided in paragraph 4 of this Lease. The primary term and the extension terms will be collectively referred to in this Lease as the "term." Tenant shall notify Landlord within not less than one hundred twenty (120) days prior to the expiration of the Term, extend the Term for a further primary term of five (5) years (the “First Extension Term”) from this Lease or prior to the expiration of each extension term of Tenant's exercise of its option to extend this Lease, provided that in the Termcircumstances described in paragraph 13, upon the same terms options to extend the term may be exercised earlier as provided in paragraph 13, and conditions contained if the option to extend is exercised earlier as provided in paragraph 13, nevertheless, the rental payable as provided in paragraph 4 shall be determined at the time and in the manner provided in paragraph 4 and this Lease except extension options paragraph 3. During the following sixty (60) day period, Tenant and Landlord shall negotiate and arrive at an agreement or disagreement of the Annual Base Rent amount of rent to be paid during the First Extension Term. (b) Provided that the applicable extension term. If Landlord and Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, agree upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent rent to be paid during the Second Extension Term. applicable extension term, Landlord and Tenant shall at the end of the sixty (c60) The Annual Base Rent during any Extension Term day period enter into a new written lease or an amendment agreement setting forth the amount of rental Tenant shall be the Current Market Rent required to pay pursuant paragraph 4 for the Premisesapplicable extension term and any other additional terms to which Landlord and Tenant have agreed. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (60) day period of negotiations, a fair market appraisal comparison of comparable properties will be completed by an independent party upon which the Landlord and the Tenant have not mutually agreed on may use to negotiate the amount of rent to be paid during the Annual Base Rent at least three applicable extension term. If Tenant and Landlord fail to agree upon the rent to be paid during the applicable extension term during the sixty (360) months prior day period of negotiations, either Landlord or Tenant may, by written notice to the commencement other party given within the ensuing thirty (30) day period, elect to invoke the arbitration provisions of such Extension Term, then Annual Base Rent this Lease to determine the rent Tenant shall be decided in required to pay pursuant to paragraph 4 for the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateapplicable extension term.

Appears in 1 contract

Samples: Lease Agreement (Rightnow Technologies Inc)

Option to Extend. Tenant shall have three (a3) Provided that the Tenant is not then in default of its obligations under options to extend this Lease beyond any applicable cure or grace period, the for an extended term of five (5) years each by giving Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord written notice of its exercise of the option intention to extend at least twelve do so not later than six (126) months prior to the expiration of the Term, extend the applicable Term for a further term of five and not more than fifteen (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (1215) months prior to the expiration of the First Extension applicable Term; provided, extend however, that Tenant is not in material default beyond any applicable cure period under the First Extension Lease on the date of giving such notice. Any termination of the Lease shall result in automatic termination of these options. The extended term shall be upon all of the terms and conditions of the Lease, except that the Minimum Rent shall adjust to Fair Market Rental as provided herein. The Minimum Rent for the extended term shall be calculated as follows: A. Landlord and Tenant hereby acknowledge and agree that the Minimum Rent during the extended term shall be the “Fair Market Rental” for the Property, as determined in accordance with this Section, but in no event less than the prior Minimum Rent of the preceding month of the Lease Term prior to such extension. Following receipt by Landlord of Tenant’s notice to exercise the option, Landlord shall provide Tenant with written notice of its determination of Fair Market Rental for the Premises. The parties shall have until the date that is five (5) months prior to the date that the Lease Term will expire in order to agree on Minimum Rent during the extended term. B. If the parties fail to agree on the Minimum Rent for the extended term during that period, then the Fair Market Rental shall be established by appraisal. Landlord and Tenant shall each appoint one appraiser at least five (5) months prior to the expiration of the Lease Term; provided, however, that if either party fails to designate an appraiser within the time period specified, then the appraiser who is designated shall conclusively determine the Fair Market Rental. C. If two (2) appraisers are designated, then they shall submit within thirty (30) days their appraisals of the Fair Market Rental. Landlord and Tenant intend that the “Fair Market Rental” shall be deemed to be the rent per square foot of Rentable Area of space that is then being charged for space located in buildings in the vicinity of the Premises that are comparable in quality and offer similar amenities to the building, including the extensive parking ratio under this Lease and involving leases with similar terms and conditions, and involving the use of the premises for similar purposes allowed under this Lease. The spaces used for comparison shall be comparable in size, quality and design to the Premises, and such spaces used for comparison shall be comparable to the Premises with respect to their quality and quantity of tenant improvements installed at each landlord’s expense, the services provided by each landlord to such tenant, and the financial strength of Tenant. D. Should the two appraisers be unable to agree within said thirty (30) days, the two appraisers shall each submit an independent written appraisal and together they shall designate one (1) additional person as appraiser within five (5) days following the expiration of said thirty (30) day period; provided however, that if the difference between the two appraisals is ten percent (10%) or less of the lowest appraisal, then an additional appraiser shall not be designated and the Fair Market Rental shall equal the average of the two (2) appraisals that are submitted. The third appraiser shall submit an independent written appraisal within thirty (30) days following his or her appointment. If the two appraisers cannot agree upon a further term third appraiser, then either party hereunder may request that the presiding Judge of the Maricopa County Superior Court appoint such third appraiser. The Fair Market Rental shall be equal to the average of the two (2) written appraisals which are closest, and the third (3rd) appraisal shall be disregarded. E. Each party shall bear the costs of the appraiser appointed by it. If three (3) appraisers are appointed, each party shall bear the cost of the appraiser appointed by it and the parties shall share equally in the cost of the third appraiser. No person shall be appointed or designated an appraiser unless he or she is (i) an independent appraiser who is a currently certified member of the American Institute of Real Estate Appraisers (with MAI designation) and unless he or she has at least five (5) years experience as an appraiser in Maricopa County, or (ii) a real estate broker with at least ten (10) years experience in leasing of space in the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Termgreater Phoenix area. (c) The Annual Base Rent during any Extension Term shall be F. In the Current event that the Fair Market Rent for the Premises. If the Landlord and the Tenant have Rental is not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to established before the commencement of such Extension the extended term, Tenant shall continue to pay the Base Rent in effect as of the end of the Lease Term; when the Fair Market Rental has been established, then Annual the new Base Rent shall be decided in retroactively effective as of the manner set out in Section 3.3. Until beginning of the Annual Base Rent has been determinedextended term, the and Tenant shall pay Landlord any deficiency with in thirty (30) days after the monthly Rent requested by the Landlord and, upon the determination establishment of the Annual new Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Lease Agreement (Universal Technical Institute Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of have the option to extend at least twelve (12the “Option to Extend”) the Extended Term for one (1) additional period of two (2) years (the “Additional Extension Period”) upon all of the terms and conditions of the Lease, as modified hereby, except that Tenant shall have no further right to extend the Term or receive any tenant inducements, and the Base Rent payable under the Lease shall be in the amount set forth in Section 5(b) below. (a) The Option to Extend may be exercised only by Tenant giving Landlord irrevocable and unconditional written notice thereof no later than six (6) months and no earlier than nine (9) months before the commencement of the Additional Extension Period. Said exercise shall, at Landlord’s election, be null and void if Tenant has been in default beyond any applicable notice and cure periods under the Lease during the Extended Term, or if Tenant is in default beyond any applicable notice and cure periods under the Lease at the date of said notice or at any time thereafter and prior to commencement of said Additional Extension Period. If Tenant shall fail to exercise the Option to Extend in accordance with the terms hereof, said Option to Extend shall terminate and be null and void and Tenant shall have no further right to extend the Extended Term. Tenant’s exercise of the Option to Extend shall not operate to cure any default by Tenant of any of the terms or provisions in the Lease, nor to extinguish or impair any rights or remedies of Landlord arising by virtue of such default. If the Lease or Tenant’s right to possession of the Premises shall terminate in any manner whatsoever before Tenant shall exercise the Option to Extend, or before the commencement of the Additional Extension Period, or if Tenant shall have assigned the Lease or subleased all or any portion of the Premises before Tenant shall have exercised the Option to Extend, then immediately upon such termination, sublease or assignment, the Option to Extend shall simultaneously terminate and become null and void. If the Term of the Lease shall terminate for any reason prior to the expiration of the Extended Term, extend then the Term for a further term of five (5) years (the “First Extension Term”) from the expiration Option to Extend shall become null and void, whether or not it has been previously exercised. Time is of the Termessence of this provision. (b) Tenant shall pay to Landlord, upon as Base Rent for the Premises during the Additional Extension Period as follows: All Rent payable during the Extension Term shall be payable in the same manner and under the same terms and conditions contained in this Lease except extension options and the Annual Base as Rent to be is paid during the First Extension Extended Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Lease Agreement (Serve Robotics Inc. /DE/)

Option to Extend. (a) Provided that the Tenant is not then in default and is then in occupancy of its obligations under this the entire Premises at the time of exercise of the Renewal Option, as hereinafter defined, and at the time of the commencement of the Renewal Period, as hereinafter defined, Tenant shall have four (4) option(s) (the “Renewal Option”) to extend the Lease beyond any applicable cure or grace period, Term for four (4) additional five (5) year period(s) (the Landlord shall at “Renewal Period”) after the expiration of the initial Lease Term, provided the . Each Renewal Option shall be exercisable only by written notice given by Tenant has given the to Landlord notice of its exercise of the option to extend at least twelve not later than six (126) months prior to the expiration of the initial Lease Term. In the event that Tenant does not timely exercise a Renewal Option, extend the Term for a said Renewal Option shall be null and void and of no further term of five (5) years (the “First Extension Term”) from the expiration force or effect, time being of the Term, upon essence in the same terms exercise of each Renewal Option and conditions contained in this Lease except extension options it being acknowledged and the Annual Base Rent to be paid during the First Extension Term. (b) Provided agreed by Tenant that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the be entitled to rely on any failure by Tenant has given the Landlord to give written notice of its exercise of its Renewal Option by the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term date set forth herein for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same such exercise thereof. All terms and conditions contained in of this Lease shall be applicable during a Renewal Period except extension options and that the Annual Base Rent to amount of fixed annual rent charged for the Renewal Period shall be paid during ninety-five percent (95%) of the Second Extension Term. (c) The Annual Base Rent during any Extension Term then “Prevailing Market Rent”, which shall be the Current Market Rent rent for office space in comparable buildings in the PremisesDistrict of Columbia including all reasonable market concessions. If the within thirty (30) days following delivery of Tenant’s notice, Landlord and the Tenant have not mutually agreed on the amount Prevailing Market Rent for the Renewal Period, then within ten (10) days after the expiration of such thirty-day period, each party shall give written notice to the other setting forth the name and address of a Disinterested Broker (as hereinafter defined) selected by such party who has agreed to act in such capacity, to determine the Prevailing Market Rent. If either party shall fail to select a Disinterested Broker as aforesaid, then the Disinterested Broker selected by the other party shall determine the Prevailing Market Rent. Each Disinterested Broker shall thereupon independently make his determination of the Annual Base Prevailing Market Rent at least three within twenty (320) months prior to days after the commencement appointment of the second Disinterested Broker. If the two Disinterested Brokers determinations are not the same, but the higher of such Extension Termtwo values is not more than one hundred ten percent (110%) of the lower of them, then Annual Base the Prevailing Market Rent shall be decided in deemed to be the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination average of the Annual Base Renttwo values. If the higher of such two values is more than one hundred percent ten (110%) of the lower of them, then the Landlord and two Disinterested Brokers shall jointly appoint a third Disinterested Broker within ten (10) days after the Tenant shall make second of the appropriate adjustments together with interest at the Prime Rate.two

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Dupont Fabros Technology, Inc.)

Option to Extend. (a) Provided that 15.1 So long as Switch and Data CA Nine LLC, a Delaware limited liability company, is the Tenant is not then hereunder and occupies the entirety of the Leased Premises, and subject to the condition set forth in default clause (b) below, Tenant shall have one option to extend the term of its obligations under this Lease beyond any applicable cure or grace periodwith respect to the entirety of the Leased Premises, the Landlord shall at for a period of ten (10) years from the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise 240th month of the initial Lease Term (the “Extension Period”), subject to the following conditions: (a) Such option to extend shall be exercised, if at least twelve (12) months all, by notice of exercise given to Landlord by Tenant not more than 360 days nor less than 270 days prior to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration 240th month of the Lease Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term.; (b) Provided that Anything herein to the contrary notwithstanding, if Tenant is not then in default under any of its obligations under the terms, covenants or conditions of this Lease beyond any applicable cure Lease, either at the time Tenant exercises the extension option or grace periodon the commencement date of the Extension Period, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the right to terminate such option to extend at least twelve (12) months prior upon notice to Tenant. 15.2 In the event the option is exercised in a timely fashion, the Lease shall be extended for the term of the Extension Period upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for the Extension Period shall be the “Fair Market Rent” for the Leased Premises, increased as set forth below. For purposes hereof, “Fair Market Rent” shall mean 95% of the Base Monthly Rent determined pursuant to the expiration process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the First Extension Term, extend Base Monthly Rent for the First Extension Leased Premises below the amount due from Tenant for the preceding portion of the initial Lease Term for a further term which Base Monthly Rent had been fixed. At the end of five (5) years the first 12 month period of the Extension Period, Base Monthly Rent shall be increased to reflect the change in the Consumer Price Index for the San Francisco Metropolitan Area, All Items (the “Second Extension TermCPI) from the expiration of the Term), upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) 12-month period ending 11 months prior to after the commencement of the Extension Period, but in no event shall Base Monthly Rent be increased less than 3% per annum compounded annually nor more than 6% per annum compounded annually for such Extension Term, then Annual 12 month period. Base Monthly Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest so adjusted at the Prime Rateend of each subsequent 12-month period during the Extension Period. No leasing commissions shall be due or payable to any broker retained by Tenant with regard to this Lease for the Extension Period.

Appears in 1 contract

Samples: Lease Agreement (Switch & Data, Inc.)

Option to Extend. (a) Provided that the Landlord hereby grants Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the a single option to extend the initial Term of the Lease for an additional period of four (4) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at least the time of exercise of such right: (i) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Election Notice") to exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is fifteen months (15) months before the Expiration Date and no later than the date which is twelve (12) months prior before the Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the Term, extend the initial Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, Lease. Tenant's leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in this the Lease except extension options that (i) the Monthly Base Rent, plus payment of Tenant's Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant's obligation) shall be amended to equal the "Option Term Rent", defined and determined in the Annual manner set forth in the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in its "AS-IS" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be paid during no further option or right to extend the First Extension Termterm of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (bd) Provided that The Option Term Rent shall mean the greater of (i) the Monthly Base Rent payable by Tenant is not then in default of its obligations under this Lease beyond any calculated at the rate applicable cure for the last full month of the initial Term, plus payment of Tenant's Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or grace periodservice provider, which direct payments shall continue to be Tenant's obligation) (collectively, "Preceding Rent") or (ii) the "Prevailing Market Rent". As used in this Rider Prevailing Market Rent shall mean the rent and all other monetary payments, escalations and triple net payables by Tenant, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for a term equal to the Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following: the size, location and floor levels of the Premises; the type and quality of tenant improvements; age and location of the Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for new leases of space comparable to the Premises in the Project and in comparable buildings in the mid-Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for "Tenant Concessions" (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the preceding sentence, the Landlord term "Tenant Concessions" shall at include, without limitation, so-called free rent, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the expiration foregoing criteria shall be made by Landlord, in the good faith exercise of the First Extension Term, provided the Tenant has given the Landlord notice of its Landlord's business judgment. Within thirty (30) days after Tenant's exercise of the option to extend at least twelve (12) months prior to the expiration Option To Extend, Landlord shall notify Tenant of the First Extension Term, extend the First Extension Landlord's determination of Option Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If Landlord's determination of Prevailing Market Rent is greater than the Landlord Preceding Rent, and the Tenant have not mutually agreed on if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the Annual Base Rent exercise of the option by giving written notice thereof to Landlord within thirty (30) days after notice of Landlord's determination of Prevailing Market Rent. (e) This Option to Extend is personal to NetObjects and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at least three any time prior to commencement of the Option Term, to terminate all of the provisions of this Section with respect to the Option to Extend, with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (3i) months Tenant's failure to timely exercise the Option to Extend in accordance with the provisions of this Section. (ii) The existence at the time Tenant exercises the Option to Extend or at the commencement of the Option Term of any default on the part of Tenant under the Lease or of any state of facts which with the passage of time or the giving of notice, or both, would constitute such a default. (iii) Tenant's third default under the Lease prior to the commencement of such Extension the Option Term, then Annual Base Rent notwithstanding that all such defaults may subsequently be cured. In the event of Landlord's termination of the Option to Extend pursuant to this Section, Tenant shall reimburse Landlord for all costs and expenses Landlord incurs in connection with Tenant's exercise of the Option to Extend including, without limitation, costs and expenses with respect to any brokerage commissions and attorneys' fees, and with respect to the design, construction or making of any tenant improvements, repairs or renovation or with respect to any payment of all or part of any allowance for any of the foregoing. (g) Without limiting the generality of any provision of the Lease, time shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, essence with respect to all of the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateprovisions of this Section.

Appears in 1 contract

Samples: Lease Agreement (Netobjects Inc)

Option to Extend. (a) Provided that the Tenant is not then in default given the option to extend the term of its obligations under this ---------------- the Lease beyond any applicable cure or grace periodon all the terms and conditions contained herein, except the Landlord shall at minimum monthly rent, for one (1) three (3) year period (the "Extended Term") following the expiration of the Terminitial term, provided the Tenant has given the Landlord by giving notice of its exercise of the option ("Option Notice") to extend Landlord at least twelve five (125) months prior to but not more than nine (9) months before the expiration of the initial term. Provided that, if Tenant is in default on the date of giving the Option Notice, at Landlord's election, the Option Notice shall be ineffective, or if Tenant is in default on the date the Extended Term is to commence, at Landlord's election, the Extended Term shall not commence, and this Lease shall expire at the end of initial term. The parties shall have sixty (60) days after Landlord receives the Option Notice in which to agree on the applicable rental for the Extended Term. If the parties agree to the applicable rental within said 60 days, extend they shall immediately execute an amendment to this Lease stating the applicable rental for the Extended Term. If the parties are unable to agree on the applicable rental for the Extended Term for within said 60 days, then within ten (10) days thereafter, each party, at its cost, and by giving notice to the other party, shall appoint a further term real estate appraiser who is a member in good standing of the American Institute of Real Estate Appraisers ("MAI") with at least five (5) years (full time commercial appraisal experience in the “First Extension Sacramento County area, to render an opinion as to the market rental to apply during the Extended Term”) from . If a party fails to appoint an appraiser within 10 days after the expiration other party has given notice of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default name of its obligations under this Lease beyond any applicable cure or grace periodappraiser, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term single appraiser so appointed shall be the Current Market Rent sole appraiser and shall set the applicable rental for the PremisesExtended Term. If two appraisers are appointed as provided above, they shall meet promptly and attempt to set the Landlord and applicable rental for the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Extended Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Office Building Lease (Money Store Inc /Nj)

Option to Extend. Landlord hereby grants Tenant the right to extend the term of the Lease for one (a1) Provided period of two (2) years (the “Extended Term”) on the same terms and conditions contained in the Lease, except that (i) Base Rent for the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace periodExtended Term shall be as set forth herein below, the Landlord (ii) no additional options to extend shall at apply following the expiration of the Extended Term, provided and (iii) Landlord shall not be obligated to install any improvements or provide Tenant with any allowances with respect to the Tenant has given the Landlord Extended Term. Written notice of its Tenant’s exercise of the its option to extend at least (“Option to Extend”) the Term of this Lease must be given to Landlord no less than nine (9) months nor more than twelve (12) months prior to the expiration date the Term of the TermLease would otherwise expire. Notwithstanding the above to the contrary, Tenant shall have no right to extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the if Tenant is not then has been in default of its obligations under this Lease beyond or occupies less than all of the Premises initially leased hereunder; provided, however that the period of time within which said option may be exercised shall not be extended or enlarged by reason of Tenant’s inability to exercise said option because of the failure of any applicable cure or grace periodsuch conditions. In the event Tenant validly exercises its Option to Extend the Term of this Lease as herein provided, Base Rent shall be adjusted as of the commencement date of the Extended Term as follows: (a) Within thirty (30) days after exercise of its Option to Extend by Tenant, Landlord shall at the expiration provide Tenant with Landlord’s determination of the First Extension fair market Base Rent for the Extended Term, provided including periodic increases as dictated by the current market (“Landlord’s Determination of Base Rent for Extended Term”). Tenant has given shall provide notice to Landlord within fifteen (15) business days after receipt of such notice from Landlord as to whether Tenant accepts Landlord’s Determination of Base Rent for Extended Term. In the event Tenant does not agree to Landlord’s Determination of Base Rent for Extended Term, Landlord notice of its exercise and Tenant shall SCHNITZER-STANDARD FORM OFFICE LEASE 5 attempt to agree upon Base Rent for the Premises for the Extended Term, such rent to be the fair market rental value of the option to extend at least twelve (12) months prior to Premises for the expiration of the First Extension Extended Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained as defined in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. Subsection (c) The Annual below. If the parties are unable to agree upon the Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If applicable Extended Term by the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least date three (3) months prior to the commencement of such Extension the Extended Term, then Annual within ten (10) days thereafter each party, at its own cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time commercial real estate appraisal experience in the area in which the Premises are located to appraise and set Base Rent for the Extended Term. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be decided the sole appraiser and shall set Base Rent for the Extended Term. If each party shall have so appointed an appraiser, the two appraisers shall meet promptly and attempt to set the Base Rent for the Extended Term. If the two appraisers are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to select a third appraiser meeting the qualifications herein stated within ten (10) days after the last day the two appraisers are given to set Base Rent for the Extended Term. If the two appraisers are unable to agree on the third appraiser within such ten (10) day period, either of the parties to this Lease, by giving five (5) days notice to the other party, may apply to the then presiding judge of the Superior Court of King County for the selection of a third appraiser meeting the qualifications stated in this paragraph. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. (b) Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set Base Rent for the Extended Term. If a majority of the appraisers are unable to set Base Rent within the stipulated period of time, the three appraisals shall be added together and their total divided by three (3). The resulting quotient shall be the Base Rent for the Premises during the Extended Term. If, however, the low appraisal and/or the high appraisal is/are more than ten percent (10%) lower and/or higher than the middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2), and the resulting quotient shall be Base Rent for the Premises during the Extended Term. (c) For purposes of the appraisal, the term “-fair market Base Rent-” shall mean the price that a ready and willing tenant would pay, as of the commencement date of the Extended Term, as a base rent to a ready and willing landlord of space of comparable size, quality and level of improvement, if such premises were exposed for lease on the open market for a reasonable period of time in the manner set out Bothell/Xxxxxxxx/Redmond/Bellevue market; including any rent increases over the Extended Term to the extent normal under then current market conditions. There shall be no adjustment to the fair market value related to tenant improvements, downtime, free rent, brokerage commissions or other concessions provided in Section 3.3the market at the time of renewal. Until In no event shall the Annual fair market Base Rent has been determined, determined pursuant to this Section 4.03 be less than the Tenant shall pay Base Rent in effect during the monthly Rent requested by the Landlord and, upon the determination last month of the Annual Base Rentinitial Lease Term. SCHNITZER-STANDARD FORM OFFICE LEASE 6 (d) The Option to Extend granted hereunder is personal to Tenant or a Permitted Transferee (as hereafter defined) and shall be null and void in the event of an assignment of this Lease to any party other than a Permitted Transferee. In addition, this Option to Extend shall become null and void at Landlord’s option and upon written notice to Tenant in the Landlord event Tenant becomes in material default beyond any applicable notice and cure period at any time during the Tenant shall make the appropriate adjustments together with interest at the Prime Rateinitial Lease Term.

Appears in 1 contract

Samples: Lease Agreement (Avi Biopharma Inc)

Option to Extend. Sublandlord and Subtenant acknowledge and agree that Subtenant shall have the right to extend the term (athe "Extension Term") Provided that the Tenant of this Sublease through January 31, 2012 (which is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided term of the Tenant has given Prime Lease) upon the Landlord following terms and conditions: (i) Subtenant shall provide Sublandlord with prior written notice of its exercise Subtenant's election to so extend the term of this Sublease no later than April 30, 2006, time being of the option to extend at least twelve essence; (12ii) months prior to the expiration all of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any such Extension Term shall be the Current Market Rent for same as during the Premises. If initial term of this Sublease except that the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in equal to either (a) if Subtenant provides written notice to Sublandlord of its election to so extend the manner set out in Section 3.3. Until term of the Annual Sublease prior to April 1, 2004, then the Base Rent has been determinedfor the first year of the extension term shall be equal to $13.50 per square feet and shall increase by three percent (3%) each year thereafter, or (b) if Subtenant fails to provide its notice to so extend the Tenant term of this Sublease prior to April 1, 2004 then the Base Rent during the extension term shall pay be equal to the monthly greater of (x) the Base Rent requested by structure as noted in clause (a) above, or (y) the Landlord and, then current fair market rental rate for the Premises as agreed to between Sublandlord and Subtenant in their reasonable and good faith determination (if Sublandlord and Subtenant are unable to agree upon the determination then current fair market rental rate for the Premises within thirty (30) days following Sublandlord's receipt of Subtenant's receipt of Subtenant's exercise of its option to extend the Sublease term as set forth herein, then the parties shall submit such dispute to arbitration in accordance with the then current rules of the Annual Base RentAmerican Arbitration Association in order to resolve such dispute, with each party bearing one-half (1/2) of the Landlord and cost of such arbitration); (iii) Subtenant shall have no right to extend the Tenant shall make term of this Sublease (a) if upon the appropriate adjustments together with interest at exercise thereof by Subtenant and/or on the Prime Ratedate upon which such Extension Term is to begin Subtenant is in default under this Sublease and/or (b) if Subtenant has assigned this Sublease or sublet all or any portion of the Premises to any party.

Appears in 1 contract

Samples: Sublease (Mai Systems Corp)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of have the option to extend at least twelve the term of this Lease for three (123) months prior to the expiration of the Term, extend the Term for a further term additional periods of five (5) years (each. The first extension period shall begin on the “First Extension Term”) from day following the tenth anniversary of the Commencement Date and the second and third option periods shall commence on the first day following the expiration of the Termprevious extension period (the "Extension Commencement Dates"). Such options shall be exercised only by Tenant giving Landlord written notice thereof which is received by Landlord not less than six (6) full calendar months prior to the applicable Extension Commencement Date. Time shall be of the essence with respect to Tenant's notice of exercise as aforesaid. In the event that the term of this Lease is, in fact, extended pursuant to the foregoing, then such extension shall be upon all of the same terms and conditions provisions contained in this Lease Lease, except extension options and that the Annual Base Rent to only shall be paid during the First Extension Termadjusted as expressly set forth in this Paragraph 43. (b) Provided In the event Tenant exercises one or more of the foregoing options to extend the term of this Lease, then the monthly Base Rent payable with respect to the applicable extension period shall be adjusted to be equal to the Fair Market Rental (as hereinafter defined) for the Premises as of the commencement of such extension period. "Fair Market Rental" as used hereunder shall mean the monthly fair market rent for the Premises as agreed to by the parties, or failing such agreement within thirty (30) days following Landlord's receipt of Tenant's notice exercising its option to extend, determined by the Three Appraisal Method (as hereinafter defined). The "Three Appraisal Method" for purposes of this Lease shall mean that Landlord and Tenant shall each cause an appraisal of the Premises to be made by an MAI appraiser. If the two appraisers are less than ten percent (10%) apart, the Fair Market Rental shall be the average of the two (2) appraisals. In the event the two (2) appraisals are more than ten percent (10%) apart, then the two (2) appraisers shall select a third MAI appraiser and the resulting Fair Market Rental shall be the average of the third appraiser's appraisal and the original appraisal closest to the third appraisal. Landlord and Tenant is not then in default shall each pay the cost of the appraiser selected by it and Landlord and Tenant shall share equally the cost of the third appraiser. Landlord and Tenant shall instruct the appraisers they appoint to complete the appraisal process and determine the Fair Market Rental within sixty (60) days from the date Tenant notifies Landlord of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its election to exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermLease. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Lease Agreement (Hk Systems Inc)

Option to Extend. (aA) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of have the option to extend at least twelve (12) months prior renew this Lease with respect to the expiration of the Term, extend the Term entire Premises for a further one (1) additional term of five (5) years (the First Extension TermRenewal Options) from the ), commencing upon expiration of the Term. The Renewal Option must be exercised, upon if at all, by written notice given by Tenant to Landlord no earlier than twelve (12) and no later than nine (9) months prior to expiration of the same Term. If Tenant properly exercises the Renewal Option, references in the Lease to the Term shall be deemed to mean the renewal term, unless the context clearly provides otherwise. The Renewal Option shall be null and void and Tenant shall have no right to renew this Lease if (i) as of the date immediately preceding the commencement of the renewal term, Tenant or a Permitted Transferee is not in occupancy of either the entirety of the 3rd Floor South or the 3rd Floor North, or (ii) on the date Tenant exercises the Renewal Option an Event of Default (as defined in Section 15.1) shall have occurred and be continuing, or (iii) on the commencement date of the renewal term, a monetary Event of Default shall have occurred and be continuing. (B) If Tenant properly exercises the Renewal Option, then during the renewal term all of the terms and conditions contained set forth in this Lease as applicable to the Premises during the Term shall apply during the renewal term, except extension options that (i) Tenant shall have no further right to renew this Lease, and (ii) Tenant shall take the Annual Premises in their then “as-is” state and condition and Landlord shall have no obligation to make or pay for any improvements to the Premises, and (iii) during the renewal period the Base Rent to payable by Tenant shall be paid during the First Extension Termthen “fair market rent” for the Premises based upon the terms of this Lease, as renewed and (iv) the Base Year shall be the Base Year in which the renewal term commences. (bC) Provided For purposes of this Section, the term “fair market rent” shall mean the rental rate for comparable renewal space under primary lease (and not sublease) to new tenants (without the obligation to pay a tenant improvement allowance but taking into account the condition and value of the existing tenant improvements), taking into consideration such amenities as existing Building improvements, view, floor on which the Premises are situated and the like, situated in comparable buildings of similar style and quality in the South of Market Street Area, taking into consideration the then-prevailing ordinary rental market practices with respect to tenant concessions (if any). The Base Rent payable during any renewal Term shall increase annually in accordance with the increases assumed in the determination of the “fair market rent.” (D) If Tenant properly exercises the Renewal Option to extend the Term of the Lease, the Base Rent shall be adjusted to an amount equal to the fair market rent for the Premises as specified by Landlord by notice to Tenant not less than ninety (90) days prior to commencement of such renewal Term, subject to Tenant’s right of arbitration as set forth below. If Tenant believes that the fair market rent specified by Landlord exceeds the actual fair market rent for the Premises as of commencement of such renewal term, then Tenant shall so notify Landlord within ten (10) days following receipt of Landlord’s notice. If the parties are unable to agree upon the fair market rent for the Premises within ten (10) days after Landlord’s receipt of notice of Tenant’s objection, the amount of Base Rent as of commencement of the renewal Term shall be determined as follows: (E) Within twenty (20) days after receipt of Landlord’s notice specifying fair market rent, Tenant, at its sole expense, shall obtain and deliver in writing to Landlord a determination of the fair market rent for the Premises for a term equal to the option term from an appraiser (“Tenant’s appraiser”) who shall be a Member of the American Institute of Real Estate Appraisers with not less than 10 years experience in the South of Market Street area, San Francisco, California. If Landlord accepts such determination, the Base Rent for the option term shall be adjusted to an amount equal to the amount determined by Tenant’s broker. (F) If Landlord does not accept such determination, within twenty (20) days after receipt of the determination of Tenant’s appraiser, Landlord shall designate an appraiser (“Landlord’s appraiser”) who shall be a Member of the American Institute of Real Estate Appraisers with the same qualifications and shall deliver in writing to Tenant a determination of the fair market rent for the premises for a term equal to the option term from Landlord’s appraiser. (G) If Tenant does not accept such determination, Landlord’s appraiser and Tenant’s appraiser shall name a third appraiser, similarly qualified, within five (5) days after the appointment of Landlord’s appraiser. Each of said three appraisers shall determine the fair market rent for the Premises as of the commencement of the renewal Term within fifteen (15) days after the appointment of the third appraiser. The third appraiser shall choose the determination of the Landlord’s appraiser or the Tenant’s appraiser which is closest to its own determination of fair market rent. The Base Rent payable by Tenant effective as of the commencement of the renewal Term shall be the rent proposed by either Landlord’s appraiser or Tenant’s appraiser which is closest to the determination of the fair market rent by the third appraiser. (H) Landlord shall pay the costs and fees of Landlord’s appraiser in connection with any determination hereunder, and Tenant shall pay the costs and fees of Tenant’s appraiser in connection with such determination. The costs and fees of any third appraiser shall be paid one-half by Landlord and one-half by Tenant. (I) If the amount of the fair market rent is not known as of the commencement of the renewal Term, then Tenant shall continue to pay the Base Rent in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall effect at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on until the amount of the Annual Base Rent at least three (3) months prior to the commencement of fair market rent is determined. When such Extension Termdetermination is made, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the any deficiency to Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratewithin thirty (30) days after demand.

Appears in 1 contract

Samples: Office Lease (Omniture, Inc.)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under Lessor hereby grants to Lessee two successive options to extend this Lease beyond any applicable cure or grace period, for additional terms of five (5) years each commencing on the Landlord shall at first day after the expiration Expiration Date of the Term, provided the Tenant has given the Landlord notice of its previous term. Lessee must exercise of the option to extend extend, if at least twelve all, by giving Lessor written notice of such exercise not less than seven (127) months prior to the expiration date of the Termthen current term. Upon the exercise of the option to extend, extend the Term for a further term of five (5) years (the “First Extension Term”) from this Lease shall be extended through the expiration date of the Term, upon Renewal Term on the same terms and conditions as contained in this Lease herein, except extension options and that there shall be no option to extend the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default term of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Second Renewal Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Monthly Rent to be paid during the Second Extension Term. (c) The Annual Renewal Terms shall be determined pursuant to this Section. Base Monthly Rent during any Extension for each Renewal Term shall be the Current Market greater of (a) the Base Monthly Rent scheduled for the final month of the preceding term (the initial term or the First Renewal Term, as the case may be), or (b) the fair market base rental value of the Premises. Lessor and Lessee agree to be reasonable in their negotiation of rent for the option periods. Lessor and Lessee shall have thirty (30) days after Lessee provides Lessor of its notice to exercise its Option to Renew to set the rent for the option period(s). If Lessor and Lessee are unable to establish the rent for the option period(s) within the thirty (30) day period then Lessor and Lessee shall each appoint an appraiser with not less than ten (10) years experience in real estate appraisal in the Bellevue real estate market, to set the rent for the option period(s). If the Landlord and rents proposed by each appraiser are within ten (10%) percent of each other, then the Tenant have not mutually agreed on rent for the amount option period(s) shall be the average of the Annual Base Rent two rents. If the rents proposed by each appraiser are greater than ten (10%) percent from each other then the two appraisers will select a third appraiser who shall also have at least three (310) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided years real estate appraisal experience in the manner Bellevue real estate market, to set out in Section 3.3the rent for the option period(s). Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested The rent established by the Landlord and, upon third appraiser will be binding on Lessor and Lessee and will be no less than the determination rent proposed by Lessee and no higher than the rent proposed by Lessor. The total cost of all of the Annual Base Rent, appraiser's fees will be the Landlord and responsibility of the Tenant shall make party whose proposed rental rate is farthest from that of the appropriate adjustments together with interest at final rental rate established by the Prime Rateappraisers.

Appears in 1 contract

Samples: Industrial Lease (Icos Corp / De)

Option to Extend. (aA) Provided that the Tenant is not then in default default, Tenant shall have the right to extend the term of its obligations under this Lease beyond any applicable cure or grace periodfor one (1) additional period of five (5) years, the Landlord shall at commencing upon the expiration of the Termthen existing Lease term upon all the same terms and conditions as set forth in this Lease, provided except those which require performance by Landlord which have already been performed by Landlord, and except as to Base Rent, which shall be adjusted as hereinafter provided. In order to exercise Tenant’s option to extend the term of this Lease, Tenant shall deliver written notice to Landlord no later than March 31, 2006. Base Rent shall be adjusted at the commencement of the extended term to a sum equal to the fair market rental (“FMR”) for the Premises, but in no event less than the rental Tenant is paying as of the end of the initial term, as extended under this First Amendment. If Tenant has given exercised its option to extend as provided in this Lease, Landlord and Tenant shall commence negotiations to determine the Landlord notice of its FMR by mutual agreement. Such negotiations shall commence no later than thirty (30) days after Tenant’s exercise of the option to extend at least twelve (12) months prior to extend. In the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, event Landlord and Tenant cannot mutually agree upon the same terms and conditions contained in this Lease except extension options and FMR by the Annual Base Rent to be paid during the First Extension Term. date which is sixty (b60) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its days after exercise of the option to extend at least twelve (12) months prior to extend, the expiration of FMR for the First Extension Term, extend extended term shall be determined by appraisal in the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Termmanner hereafter set forth. (cB) The Annual Base Rent during any Extension Term In the event it becomes necessary under this paragraph to determine the FMR by appraisal, by the date which is seventy-five (75) days after Tenant’s exercise of the option to extend, Landlord and Tenant shall each appoint a real estate appraiser who shall be a member of the American Institute of Real Estate Appraisers and shall be experienced in the appraisal of rental value and adjustment to rent practices for office properties in the vicinity of the Building, or the parties may mutually agree upon one such appraiser if they so choose, and such appraiser(s) shall each determine the FMR for the Premises, taking into account the value of the Premises and the amenities provided, the location of the Premises and prevailing comparable rentals and rental adjustment practices in the area. Such appraiser(s) shall, within thirty (30) business days after their appointment, complete their appraisals and submit their appraisal reports to Landlord and Tenant. If the FMR is established by one appraiser mutually selected by the parties, his or her appraisal shall be the Current Market Rent FMR for the Premisesextended term, and the rent under this lease shall be adjusted by fair market rental adjustments as determined by the appraiser(s). If the FMR is established by two separate appraisals and the two appraisals differ by five percent (5%) or less of the highest appraisal, then the average of the two appraisals shall constitute the FMR for purposes of this paragraph. If the FMR determined by two appraisers varies by more than five percent (5%) of the higher appraisal, the two appraisers appointed, within ten (10) days after submission of the last appraisal, shall appoint a third appraiser who shall be a member of the AIREA and who shall be similarly qualified and experienced. Such third appraiser shall, within twenty (20) business days after his appointment, determine by appraisal the FMR in accordance with this paragraph. The FMR determined by the third appraiser for the Premises shall be controlling unless it is less than that set forth in the lower of the appraisals previously obtained, in which case the value set forth in said lower appraisal shall be controlling, or unless it is greater than that set forth in the higher appraisal previously obtained, in which case the rental set forth in said higher appraisal shall be controlling. If either Landlord or Tenant fails to appoint an appraiser, or if an appraiser appointed by either of them fails, after his appointment, to submit his appraisal within the required period in accordance with this Lease, the appraisal submitted by the appraiser property appointed and timely submitting his appraisal shall be controlling. The cost of all appraisals under this paragraph shall be borne equally by Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateTenant.

Appears in 1 contract

Samples: Office Lease (Eidos PLC)

Option to Extend. (a) Provided that 53.1 Tenant shall have the Tenant is not then in default of right, at its obligations under this Lease beyond any applicable cure or grace periodoption, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Lease Term for a further term one (1) period of five (5) years (the “First "Extension Term”) from the expiration of the Term, "); provided and upon the same terms and conditions contained in this Lease except extension options and condition that at all times within the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months month period immediately preceding the exercise of such option through the original Expiration Date, this Lease shall be in full force and effect and Tenant shall not be in default thereunder (and no condition exists which with notice and/or the passage of time would constitute a default), this Lease shall not have been assigned and Tenant shall personally be in use and occupancy of, and not subleasing, at least eighty percent (80%) of the Premises. The Extension Term shall commence on the day after the Expiration Date and shall expire on the fifth (5th) anniversary thereof unless the Extension Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law. Tenant shall give Landlord written notice of Tenant's intention to exercise such option on or before the end of the ninth (9th) month prior to the expiration Expiration Date, but not earlier than the end of the First fourteenth (14th) month prior to the Expiration Date, the time of exercise being of the essence. All of the terms, covenants and conditions of this Lease shall continue in full force and effect during the Extension Term (including, without limitation, the Operating Expense Base for the determining escalations), except that the Base Rent shall be as determined in accordance with Subsection 53.2 and Tenant shall have no further right to extend the Lease Term pursuant to this Section 53. 53.2 Within sixty (60) days following Landlord's receipt of notice of Tenant's written request therefor (but not earlier than the fourteenth (14th) month prior to the Expiration Date), Landlord shall give Tenant notice of its determination of the Base Rent which will be appropriate for the Extension Term (the "Fair Market Rent"), it being agreed that Landlord shall base its determination, as Landlord deems appropriate, upon the then current and projected rents for 51 59 spaces in the Office Building which are then for rent (or, if none, those rented during the prior twelve (12) months) or projected to be for rent during the Extension Term, extend adjusted for any special conditions applicable to such spaces and leases and for location, length of term, amount of space and other factors Landlord deems relevant in computing rent for spaces in the First Extension Term Office Building, including adjustments for a further term of five (5) years (the “Second Extension Term”) from the expiration anticipated inflation, fluctuations in market rents and price conditions. 53.3 Tenant shall accept or reject Landlord's determination of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Fair Market Rent for the PremisesExtension Term within fifteen (15) days of Tenant's receipt of the Landlord's notice setting forth the Fair Market Rent. If the Landlord accepted by Tenant, this Lease and the Tenant have not mutually agreed on Lease Term shall be extended without execution or delivery of any other or further documents, with the amount same force and effect as if the Extension Term had originally been included in the Lease Term and the Expiration Date shall thereupon be deemed to be the last day of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term; provided, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determinedhowever, the at Landlord's request, Tenant shall pay execute an amendment to this Lease confirming such extension and the monthly Rent requested by the Landlord andterms thereof. Otherwise, upon the if Tenant rejects Landlord's determination of the Annual Base Fair Market Rent, the Landlord Tenant shall be deemed to have revoked its option to extend and the Tenant Lease Term shall make expire on the appropriate adjustments together with interest at the Prime Rateoriginal Expiration Date.

Appears in 1 contract

Samples: Office Lease (Continucare Corp)

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Option to Extend. (a) Provided that the Tenant is not then in default hereunder either at the time of its obligations under exercise or at the time the extended term commences Tenant shall have the option to extend the initial term of this Lease beyond any applicable cure or grace period, for one (1) additional period of three (3) years ("Option Period") on the same terms covenants and conditions provided herein except that upon such renewal the monthly installments of Annual Basic Rent due hereunder shall be determined at the time notice to extend is given. Tenant shall exercise its option by giving Landlord shall at written notice ("Option Notice") no later than ninety (90) days prior to the expiration of the Term, provided initial term. (b) The monthly installments of Annual Basic Rent for the Option Period shall be determined as follows: (i) Within fifteen (15) business days after Landlord's receipt of the Option Notice the parties shall attempt to agree on the monthly rent for the Option Period in question based upon ninety-five percent (95%) of the then fair market rental value of the Premises. If the parties agree on the monthly rent for the Option Period within such fifteen (15) day period they shall immediately execute an amendment to this Lease stating the monthly rent for the Option Period. In no event shall ninety-five percent (95%) of the then fair market monthly rental value of the Premises for the Option Period be less than the monthly installments of Annual Basic Rent last payable under the Lease. (ii) The "then fair market rental value of the Premises" shall mean the fair market monthly rental value of the premises as of the commencement of the Option Period taking into consideration the uses permitted under this Lease the quality size design and location of the Premises and comparable buildings located within a one (1) mile radius of the Premises. In no event shall ninety-five percent (95%) of the then fair market monthly rental value of the Premises for the Option Period be less than the monthly installments of Annual Basic Rent last payable under the Lease. (iii) Within seven (7) days after the expiration of the fifteen (15) day period each party at its cost and by giving notice to the other party shall appoint a real estate appraiser or commercial leasing salesperson ("Appraiser") with at least five (5) years' full-time commercial appraisal or leasing experience in the area in which the Premises are located to appraise and set the then fair market monthly rent for the Premises for the Option Period. (c) If Tenant objects to the monthly rent that has given been determined Tenant shall have the Landlord notice of right to rescind its exercise of the option to extend and have this Lease expire at least twelve the end of the initial term provided that Tenant pays for all reasonable costs incurred by Landlord in connection with the appraisal procedure. Tenant's election to allow this Lease to expire at the end of the initial term must be exercised by delivering written notice of exercise to Landlord within ten (1210) months prior days after the rent determination procedure has been completed and Tenant has received notice of the monthly rent as determined by appraisal. If Tenant does not so exercise its election to terminate this Lease within the ten (10) day period the initial term of this Lease shall be extended as provided in this paragraph. Notwithstanding the foregoing if Tenant elects to so rescind exercise of its option to extend and at the time of such election there are less than ninety (90) days remaining on the initial term of the Lease then the termination of this Lease shall not be effective until ninety (90) days after Landlord's receipt of Tenant's notice of rescission. During any period that the term of this Lease is so extended beyond the original termination date Tenant shall be required to pay the amount of monthly rent determined pursuant to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Termappraisal procedure. (bd) This option to extend and any rights granted to Tenant hereunder shall be personal to Tenant and any of its affiliates and subsidiaries. No rights granted to Tenant pursuant to this paragraph shall be in any way applicable to subtenants or assignees of Tenant unless such subtenant or assignee is an affiliate or subsidiary of Tenant. (e) Provided that the Tenant is has not then been in default under the terms of its obligations under this Lease beyond any applicable cure or grace periodlease during the initial lease term, the Landlord shall at refund to Tenant the expiration of the First Extension TermTen Thousand Dollar ($10,000.00) deposit, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateset forth in section 5 of this lease.

Appears in 1 contract

Samples: Office Building Lease (Ayurcore Inc)

Option to Extend. (a) Provided that the Tenant SUBLESSEE is not then in default of its obligations under this Lease beyond any applicable cure grace period of notice or grace periodopportunity to cure, SUBLESSEE shall have the Landlord shall at option to extend this Sublease for one additional five (5) year term commencing on the expiration of the Terminitial term upon the same conditions as herein contained, provided except the Tenant has given Annual Base Rent referred to in Paragraph 4 shall be at fair market value then existing as determined by SUBLESSOR but in no event less than $16.00 per square foot or more than $18.00 per square foot. In addition, SUBLESSEE shall pay to SUBLESSOR the Landlord notice fair rental value of its exercise of SUBLESSEE'S parking spaces, as generally in effect in the Complex. SUBLESSEE's option to extend shall be exercised by written notice from SUBLESSEE and received by SUBLESSOR at least twelve six (126) months prior to the expiration of the Term, extend the Term for a further initial term of five the SUBLEASE, but not earlier than eight (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) 8) months prior to the expiration of the First Extension Terminitial term of the SUBLEASE. (b) In the event SUBLESSEE gives timely extension notice in accordance with the provisions of Paragraph 24(a) hereof and the parties are unable to agree as to the fair market rent within thirty (30) days after the receipt of SUBLESSEE's extension notice, extend then SUBLESSOR or SUBLESSEE may initiate the First Extension Term appraisal process provided for herein by giving notice to that effect to the other, and the party so initiating the appraisal process (the "Initiating Party") shall specify in such notice the name and address of the person designated to act as an appraiser on its behalf. Within thirty (30) days after the designation of the appraiser, the other party (the "Other Party") shall give notice to the Initiating Party specifying the name and address of the person designated to act as an appraiser on its behalf. The two appraisers so chosen shall meet within ten (10) days after the second appraiser is appointed and if, within ten (10) days after the second appraiser is appointed, the two appraisers shall not agree on a fair market rent, then on the second Business Day following the close of such ten (10) day period, the two appraisers shall, within thirty (30) days after the second appraiser is appointed, together appoint a third appraiser. In the event of their being unable to agree upon such appointment within forty (40) days after the appointment of the second appraiser, the third appraiser shall be selected by the parties themselves if they can agree thereon within a further term period of fifteen (15) days. If the parties do not so agree, then either party, on behalf of both and on notice to the other, may request such appointment by the Boston Office of the American Arbitration Association (or organization successor thereto) in accordance with its rules then prevailing. Within five (5) years days after the appointment of the third appraiser, the first appraiser and second appraiser shall submit to such third appraiser their respective determinations of the fair market rent as described in the immediately preceding clause. Such third appraiser shall, within fifteen (15) days after the “Second Extension Term”end of such five (5) day period, choose the fair market rent specified by either the first appraiser or the second appraiser in such submissions and the fair market rent selected by the third appraiser from the expiration fair market rents submitted by the first appraiser and the second appraiser shall conclusively be deemed to be the fair market rent. Each party shall pay the fees and expenses of the Termappraiser selected by it. The fees and expenses of the third appraiser and all other expenses (not including the attorney's fees, upon witness fees and similar expenses of the parties which shall be borne equally by the parties thereto. Under no circumstances may the appraisers modify or disregard any provision of this Sublease or of the Prime Lease and the jurisdiction of the appraisers is restricted accordingly. The appraisers shall include the fair market rent such cost escalators as are then customary and appropriate. Fair Market Rental Value is intended to be calculated in a fair and comprehensive manner so that Landlord shall achieve, and Tenant shall pay based upon, an amount which is no less than the same terms net rental which Landlord would actually receive upon a re-letting of the applicable space in an arms-length transaction to an unrelated third party tenant where neither party is under any compulsion or undue influence. In the event SUBLESSOR or SUBLESSEE initiates the appraisal process pursuant to this Article III and conditions contained in this Lease except extension options as of the commencement of the Extension Term the amount of the fair market rent has not been determined, SUBLESSEE shall pay the amount specified by the SUBLESSOR's appraiser, and when such determination has been made, it shall be retroactive as of the Annual commencement date of the Extension Term and any excess shall be credited by SUBLESSOR to SUBLESSEE as against the next monthly Base Rent to be paid during the Second Extension Termpayment or payments. (c) The Annual Base Rent during any Extension Term In the event that SUBLESSEE does not exercise its option to extend under this Paragraph 24, and SUBLESSOR rents the Leased Premises to a third party in the Leased Premises' then "as is" condition for a laboratory use by the third party, SUBLESSOR shall pay to SUBLESSEE, if, as and when received from the third party ten (10%) percent of the "as is" base rent attributable to the Leased Premises. Payments under this Paragraph shall be only during the Current Market Rent for period of time, which, if SUBLESSEE had exercised its option to extend this SUBLEASE, would have been years 11 through 15 of the PremisesSUBLEASE Term. If The intent of this Paragraph is to recognize SUBLESSEE's remaining share of the Landlord and value of the Tenant have not mutually agreed on Improvements made at the amount inception of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateSUBLEASE.

Appears in 1 contract

Samples: Sublease (Chemgenics Pharmaceuticals Inc)

Option to Extend. (a) Provided that While the Lease is in full force and effect, provided the Tenant is not then in default of its obligations under this Lease any of the terms, covenants and conditions thereof, beyond any applicable notice and cure or grace periodperiods, the Landlord shall at the expiration and that HealthGate Data Corp. is itself occupying not less than seventy percent (70%) of the Term, provided the Premises then demised to Tenant has given the Landlord notice of its exercise both as of the time of option exercise and as of the commencement of the herein additional term, Tenant shall have the right or option to extend at least the original term of this Lease for two (2) additional periods of five (5) years each. Such extensions of the original term shall be on the same terms, covenants and conditions as provided for in the original term except that Tenant shall have no further options to extend the term, and except that the base rental during the extended terms shall be the then fair market rental value, as determined by Landlord, taking into account provisions for subsequent increases and other adjustments for new leases then currently being negotiated or executed in comparable space located in the office park in which the Building is located, or if no new leases are then being negotiated or executed in such office park, the fair market rental value shall be determined by Landlord taking into account new leases then being negotiated or executed for comparable space located elsewhere in first-class office buildings located in the Burlington, Massachusetts area, provided, however, that in no event shall the Base Rent payable on account of the then additional term be less than the annual Base Rent payable for the Premises as of the date immediately preceding the commencement of such additional term. Notice of Tenant's intention to exercise this option must be given to Landlord, in writing, not less than twelve (12) months prior to the expiration of the Term, extend the then current Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default Lease. Within 30 days of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration Landlord's receipt of the First Extension Term, provided the Tenant has given the Landlord notice of its Tenant's intention to exercise of the option to extend at least twelve (12) months prior to the expiration extend, Landlord, in writing, shall notify Tenant of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration then fair market rental value of the TermPremises for such extended term. Landlord shall have no obligation to prepare, upon refurbish or construct the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during Premises or any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months part thereof prior to the commencement of such Extension Term, then Annual Base Rent shall be decided the herein additional term or otherwise provide any amount of improvement allowance in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination respect of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RatePremises.

Appears in 1 contract

Samples: Lease (Healthgate Data Corp)

Option to Extend. (a) Provided that the Tenant Lessee is not then in default of under the Lease after applicable notice and cure periods, and has faithfully performed its obligations under this Lease beyond any applicable cure or grace periodthe Lease, the Landlord Lessee shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the have one (1) option to extend the term of this Lease for a period of two (2) years (“Option Period”), on all the same terms and conditions of the Lease excepting that there shall be no Tenant Improvements and no further options to extend, and excepting the Base Monthly Rent which shall be at least twelve ninety-five percent (1295%) of the then-current fair market rental value for the similar office buildings in Menlo Park but in no event shall the monthly rent for the Option Period be less than that being paid by Lessee for the month most immediately preceding the Option Period without the consent of the Lessor (“Option to Extend”). In establishing the fair market rental value for the Premises the parties shall consider only direct leases for comparable office space in Menlo Park occurring during the year most immediately preceding the Option Period. Considerations in establishing comparability of recently leased spaces shall include the date of the lease, age and quality of the building and interior improvements, location, and relative proximity to the Premises (“FMV”). Lessee shall exercise its Option to Extend by giving written notice to Lessor not less than six (6) months nor more than nine (9) months prior to the expiration Option Period. Lessee’s exercise of the TermOption to Extend shall be irrevocable. Lessor and Lessee shall negotiate FMV within thirty (30) days following Lessee’s written notice as set forth above. In the event Lessor and Lessee cannot agree upon FMV within the thirty-day period set forth above, extend the Term for a further term of then each party shall within five (5) years days, select a licensed commercial real estate broker who is active in commercial and office rents on the San Francisco Peninsula and the two brokers so appointed shall meet within twenty-one (21) days of their appointment to make a determination of FMV, taking into account the “First Extension Term”) from the expiration considerations set forth above. The determination of the Term, brokers as set forth herein shall be binding upon the same terms and conditions contained in this Lease except extension options and parties. If the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is two brokers so appointed cannot then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of reach agreement within five (5) years days of their initial meeting, then the two shall immediately thereafter appoint a third broker with the same qualifications and within twenty-one (the “Second Extension Term”21) from the expiration days of the Termthird broker’s appointment, upon all shall meet to make a determination of FMV. If agreement cannot be reached, then the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term two closest appraisals shall be averaged, and such figure shall become the Current Market Rent monthly rent for the PremisesOption Period and be binding on both parties. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant Each party shall pay the monthly Rent requested fee of their respective broker, whether the Lease is extended by Lessee’s exercise of Option to Extend or otherwise, and both parties shall share the Landlord and, upon the determination cost of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratethird broker if necessary.

Appears in 1 contract

Samples: Lease Agreement (ZS Pharma, Inc.)

Option to Extend. Borrower shall only have the one time option to extend the term of the Loan from the Original Maturity Date to the Extended Maturity Date, upon satisfaction of each of the following conditions precedent: (a) Provided that Borrower shall provide Lender with written notice (the Tenant is not then in default “Extension Notice”) of its obligations under Borrower’s request to exercise this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve not more than one hundred twenty (12120) months days but not less than sixty (60) days prior to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term.Original Maturity Date; (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration Upon delivery of the First Exercise Notice, Borrower shall pay to Lender the Extension TermFee, provided the Tenant has given the Landlord notice of its exercise which shall be deemed earned in full as of the option to extend at least twelve (12) months prior to the expiration date of the First Extension Term, extend Exercise Notice and shall be payable regardless of whether the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Termmaturity is extended or not. (c) The Annual Base Rent during As of the date of Borrower’s delivery of the Extension Notice, and as of the Original Maturity Date, no Event of Default shall have occurred and be continuing, and Borrower shall deliver an Officer’s Certificate to such effect on each such date; (d) Borrower shall deliver to Lender, at Borrower’s sole cost and expense, an updated title search that shall show no encumbrances on the Property other than the Permitted Encumbrances and shall otherwise not show any matter not permitted by the Loan Documents; (e) Borrower shall have provided to Lender an estoppel certificate in compliance with Section 5.14 of this Agreement; (f) Borrower shall have established reserve funds for the payment of Taxes, Insurance Premiums and interest on the Loan for the Extension Term Period; (g) Upon delivery of the Extension Notice, Borrower shall also deliver to Lender an updated annual budget including all planned capital expenditures in respect of the Property for the Extension Period. Such budget shall be prepared and submitted in the Current Market Rent for form acceptable to Lender and shall set forth in reasonable detail all budgeted items of income and expense (whether from operations, capital items or otherwise) and shall contain, among other things, limitations on fees and payments to Affiliates of any Borrower Party; and (h) During the Premises. If period from the Landlord Original Maturity Date through the Extended Maturity Date (the “Extension Period”), the terms and conditions of this Agreement and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent other Loan Documents as modified and approved by Lender shall be decided remain unmodified and in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord full force and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateeffect.

Appears in 1 contract

Samples: Loan Agreement (Dupont Fabros Technology, Inc.)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration Borrower may request successive one-year extensions of the Term, provided Maturity Date by delivering a written request (a “Request to Extend”) therefor to the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve Administrative Agent not more than ninety (1290) months days but not less than thirty (30) days prior to the expiration date which is one (1) year prior to the then scheduled Maturity Date (such then scheduled Maturity Date before giving effect to the requested extension which is the subject of such Request to Extend being referred to herein as the “Then Scheduled Maturity Date” and such date which is one (1) year prior to such Then Scheduled Maturity Date being referred to herein as the “Extension Date”). The Administrative Agent shall notify the Lenders of the Termreceipt of such request, and each Lender shall give notice in writing to the Administrative Agent not later than ten (10) days after receipt of such notification from Administrative Agent of such Lender’s acceptance or rejection of such request. Each Lender that determines not to so extend its Maturity Date is herein referred to as a “Non Extending Lender” and any Lender that does not timely advise the Term for Administrative Agent of its decision to extend or not to extend shall be also be deemed to have agreed to extend its Maturity Date (an “Extending Lender”). The Administrative Agent shall notify the Borrower of each Lender’s determination under this Section no later than the Extension Date (or, if such date is not a further term of five (5) years (Business Day, on the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Termnext preceding Business Day). (b) Provided that If (and only if) Wxxxx Fargo, N.A. shall have elected to be an Extending Lender, then, effective as of the Tenant Extension Date, the Maturity Date of each Extending Lender shall be extended to the date falling one year after the Then Scheduled Maturity Date (except that, if such date is not then in default a Business Day, such Maturity Date as so extended shall be the next preceding Business Day). The Maturity Date of its obligations under this Lease beyond any applicable cure or grace period, each Non Extending Lender shall remain the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermThen Scheduled Maturity Date. (c) The Annual Base Rent during any Extension Term Any extension of the Maturity Date shall be subject to each of the Current Market Rent following conditions precedent on the applicable Extension Date: (i) As of the date of Borrower’s delivery of the Request to Extend, and as of the Extension Date, no Default shall have occurred and be continuing, and no event or condition which, with the giving of notice or the passage of time or both, would constitute a Default shall have occurred and be continuing, and Borrower shall so certify in writing; and (ii) Borrower shall execute or cause the execution of all documents reasonably required by Administrative Agent to exercise the option to extend; and (iii) There shall have occurred no Material Adverse Effect, as determined by Administrative Agent in its sole discretion, since the Effective Date; and (iv) On the Extension Date, Borrower shall pay to Administrative Agent for the Premises. If ratable benefit of the Landlord Lenders an extension fee in the amount of fifteen one-hundredths of one percent (0.15 %) of the total commitment amount of the Loan (whether disbursed or undisbursed), as determined on the Extension Date; and (v) At the sole option of Administrative Agent, an Appraisal confirming to the satisfaction of the Administrative Agent that the Credit Limit (whether disbursed or not and as reduced by the Commitments of any Non-Extending Lenders) as a percentage of the as-is value of the Property does not exceed fifty-five percent (55%) (“Loan-to-Value Percentage”), based on an as-is appraisal value of the Commercial Property and the Tenant have as-is value (as such term is used in the Initial Mauka Apprasial) of Kapalua Mauka (or the portion thereof which remains Collateral); provided, however, in the event such appraised value is not mutually agreed on adequate to meet the required Loan-to-Value Percentage, then Borrower shall pay down the outstanding principal balance of the Loan (to the extent necessary) and the Credit Limit shall be permanently reduced such that said Loan to-Value Percentage may be met. The valuation date of such appraisal shall be within thirty (30) days of the Extension Date; and. (vi) Except as modified by the option to extend described herein, the terms and conditions of this Agreement and the other Loan Documents as modified and approved by the Administrative Agent and the Lenders shall remain unmodified and in full force and effect. (d) On the Maturity Date of each Non-Extending Lender, the Borrower shall repay for the account of the Non Extending Lenders aggregate Advances, accrued but unpaid interest thereon, and any related Fixed Rate Priced Adjustment to the extent necessary to reduce the amount of outstanding Advances to an amount which, when added to the then applicable Interest Holdback, equals the aggregate remaining Commitments of the Extending Lenders, which aggregate remaining Commitments shall be deemed thereafter to be the Credit Limit and the amount of the Annual Base Rent at least three (3) months prior to Loan. Administrative Agent shall prepare a replacement Schedule 1.1, showing the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination modified Commitments and Pro Rata Shares of the Annual Base Rent, Extending Lenders. The Commitments of the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateNon Extending Lenders will thereafter be deemed cancelled.

Appears in 1 contract

Samples: Loan Agreement (Maui Land & Pineapple Co Inc)

Option to Extend. Tenant shall have two options to extend the Lease for 5-year periods each upon expiration of the immediately prior term, at a Base Rent equal to 95% of the then-market rental rate, to be reasonably determined by Landlord and Tenant and/or Tenant's Representative (athe "Renewal Rent") Provided plus a Tenant refurbishment allowance for repainting and recarpeting; provided that the Tenant is Renewal Rent for the option period shall not then be less than the Base Rent in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall effect at the expiration of the Term, provided prior term and the Renewal Rent will be subject to annual 3% increases. Tenant has given the shall give Landlord written notice of its Tenant's intent to exercise of the Tenant's option to extend at least twelve (12) months the Lease on or before 180 days prior to the expiration date for such term. Upon receipt of such notice, Landlord shall have 30 days to deliver written notice to Tenant of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Renewal Rent to be paid charged during the First Extension Term. extension period (b) Provided that "Rent Notice"). Upon receipt of the Rent Notice, Tenant shall have 10 days to notify Landlord, in writing, of Tenant's acceptance or rejection of Tenant's exercise of Tenant's option to extend. In the event Tenant fails to deliver to Landlord written notice of Tenant's acceptance or rejection of the Rent Notice, the Lease will terminate as of the applicable expiration date. This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, Tenant or its Affiliates do not occupy 100% of the Premises at the time Tenant exercises this option, or Tenant is not then in default of its obligations under this Lease beyond any applicable after notice and time to cure or grace period, the Landlord shall at the expiration time it exercises this option. If Tenant accepts the Rent Notice, Tenant will execute an amendment to this Lease so confirming the extension of the First Extension Term, provided Lease and the Tenant has given the Landlord notice Renewal Rent within 30 days of its exercise receipt of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) same from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermLandlord. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Sublease Agreement (Xanodyne Pharmaceuticals Inc)

Option to Extend. (a) Provided that the Tenant is not then in default under any provision of its obligations under the Lease, Landlord hereby grants to Tenant an option to extend the term of this Lease beyond any applicable cure or grace periodfor an additional term of three (3) years, when the existing term expires, on the terms and conditions set forth in this paragraph. Tenant may exercise this option by giving Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord written notice of its exercise of the option to extend at least twelve intention not less than one hundred twenty (12120) months days prior to the expiration of the Term, extend the Term for a further existing term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant Lease. If this Option is not then in default of its obligations under this Lease beyond any applicable cure or grace periodexercised, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Monthly Rent for the PremisesPremises shall equal the then current fair market monthly rent ("Fair Market Rent") which shall not be less than $23,408.00 per month for the Premises as of the commencement date of the applicable extended term, and adjusted upwards each year for at least 4% per annum. If the Landlord and the Tenant have parties cannot mutually agreed agree on the amount of the Annual Base "Fair Market Rent" and the annual adjustment to such Fair Market Rent at least three within sixty (360) months days prior to the commencement of such Extension Termextended term, then Annual Base the Fair Market Rent and the annual adjustment thereto shall be determined by an appraisal. All other terms and conditions contained in the Lease and this Addendum, as the same may be amended from time to time by the parties in accordance with the provisions of the Lease, shall remain in full force and effect and shall apply during the Option term. If the fair market rental value for the Premises needs to be determined by appraisal, Landlord and Tenant shall either agree to select one real estate appraiser or three real estate appraisers. Any real estate appraiser selected shall be a member of the American Institute of Real Estate Appraisers, shall have at least five (5) years experience appraising commercial space located in the vicinity of the Premises, and shall act in accordance with the rules of the American Institute of Real Estate Appraisers. The Fair Market Rent shall be decided in based on rental of space of the manner set out in Section 3.3same age, construction, size and location as the Premises with the improvements installed therein. Until the Annual Base Rent has been determinedIf only one appraiser is selected, the Tenant then each party shall pay the monthly Rent requested by the Landlord and, upon the determination one-half of the Annual Base Rentfees and expenses of that appraiser. If proceeding with three appraisers, each party shall select one appraiser, who in turn shall select the Landlord third appraiser. Such third appraiser shall select one of this first two appraiser's appraisal as the correct fair market rent. If three appraisers are selected, each party shall bear the fees and expenses of the Tenant shall make appraiser it selects and one-half of the appropriate adjustments together with interest at fees and expenses of the Prime Ratethird appraiser.

Appears in 1 contract

Samples: Net Industrial Space Lease (Adeza Biomedical Corp)

Option to Extend. (a) Provided that Tenant itself bona fide physically occupies, uses and carries on business in the entire Premises and further provided Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, and further provided the Lease remains in full force and effect, Tenant has given shall have the Landlord notice of its exercise of the option right to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term of the Lease by an additional period of five (5) years (the “First Extension Term”) from commencing on the expiration day immediately following the expiry of the Term, upon under the same terms and conditions contained as were applicable during the Term, save and except that: (a) the Premises shall be accepted “as is” in this Lease except extension options their state and condition existing immediately prior to the commencement date of the Extension Term. All improvements in and to the Premises shall be the responsibility of Tenant and shall be performed by Tenant, at Tenant’s expense, the whole in accordance with Building standards and the Annual Base Rent to be paid during relevant provisions of Section XIII of the First Extension Term.Lease; (b) Provided that for the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given annual rent to apply shall be the Landlord notice then prevailing market rental rate per square foot of its exercise rentable area per annum for lease renewals (and not sublease renewals) of comparable office space in the Building and in buildings comparable as to age, quality of construction and tenancy in the vicinity of the Building, but in no event shall be less than the annual rent paid by Tenant during the last year of the Term; and (c) there shall be no further options to extend the Term and this option to extend at least will not be renewed or apply again. In order to validly exercise this option to extend, Tenant must advise Landlord thereof in writing no more than eighteen (18) months and no less than twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration expiry of the Term. In the event Tenant exercises this option in the aforesaid manner and within the aforesaid delay, the parties shall have a delay of thirty (30) days to negotiate and execute an agreement upon the same terms annual rent to apply for the Extension Term. In the event Tenant fails to exercise this option in the aforesaid manner and conditions contained within the aforesaid delay, or in the event that after Tenant has validly exercised this Lease except extension options option, the parties fail for any reason whatsoever to execute an agreement within the thirty (30) day delay, this option shall be irrevocably deemed to be null and void and of no further effect and the Annual Base Rent to be paid during Lease shall expire at the Second Extension end of the Term. (c) The Annual Base Rent during any Extension Term shall be 1. Landlord will have the Current Market Rent care of the heating and air-conditioning apparatus and may provide information for the Premisesregulation of same. 2. If Tenant shall not permit the Landlord and introduction of any machine or electrical or mechanical device of a nature to occasion objectionable noise or vibration or be injurious to the Tenant have not mutually agreed on the amount Premises or Building or to any of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateoccupants thereof.

Appears in 1 contract

Samples: Lease Agreement (BioAmber Inc.)

Option to Extend. (a) Provided that 15.1 So long as Vivus, Inc. or a Permitted Transferee is the Tenant is not then hereunder, and occupies the entirety of the Leased Premises, and subject to the condition set forth in default clause (b) below, Tenant shall have one (1) option to extend the term of its obligations under this Lease beyond any applicable cure or grace periodwith respect to the entirety of the Leased Premises, the Landlord shall at for a period of one (1) year from the expiration of the TermLease Term (the “Extension Period”), provided subject to the Tenant has given the Landlord notice of its exercise of the following conditions: (a) Each option to extend shall be exercised, if at least twelve (12) all, by notice of exercise given to Landlord by Tenant not less than nine months prior to the expiration of the Lease Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term.; (b) Provided Anything herein to the contrary notwithstanding, if Tenant is in default beyond applicable notice and cure periods under any of the terms, covenants or conditions of this Lease, at the time Tenant exercises the extension option or on the commencement date of the Extension Period, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate such option(s) to extend upon notice to Tenant. 15.2 In the event the applicable option is exercised in as timely fashion, the Lease shall be extended for the term of the Extension Period upon all of the terms and conditions of this Lease, provided that the Tenant is not then in default Base Monthly Rent for the Extension Period shall be the “Fair Market Rent” for the Leased Premises, with annual increases as determined as part of its obligations under this Lease beyond any applicable cure or grace periodthe process set forth below. 15.3 Within thirty (30) days after receipt of Tenant’s notice of exercise, the Landlord shall notify Tenant in writing of Landlord’s estimate of the Fair Market Rent for the Extension Period, based on the provisions of Paragraph 15.2 above. For purposes hereof, “Fair Market Rent” shall mean the fair market rent for the Premises, taking into consideration that there will be no free rent, allowances or other concessions and excluding the value of any improvements to the Leased Premises made by Tenant and shall include collectively, (1) Base Monthly Rent for the first year of the applicable extension period and (2) the annual increases determined at the expiration time Base Monthly Rent for the first year is determined. Within thirty (30) days after receipt of such notice from Landlord, Tenant shall have the First right either (i) to accept Landlord’s statement of Fair Market Rent as the Base Monthly Rent for the Extension Term, provided the Tenant has given the Landlord notice of Period; (ii) to rescind its exercise of the option extension option; or (iii) elect to extend at least twelve (12) months arbitrate Landlord’s estimate of Fair Market Rent, such arbitration to be conducted pursuant to the provisions hereof. Failure on the part of Tenant to require arbitration of Fair Market Rent or rescind within such 30-day period shall constitute acceptance of the Base Monthly Rent for the applicable extension period as calculated by Landlord. If Tenant elects arbitration, the arbitration shall be concluded within 90 days after the date of Tenant’s election, subject to extension for an additional 30-day period if a third arbitrator is required and does not act in a timely manner. To the extent that arbitration has not been completed prior to the expiration of the First Extension Term, extend the First Extension Term any preceding period for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual which Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Monthly Rent has been determined, the Tenant shall pay Base Monthly Rent as the monthly rate calculated by Landlord, with the potential for an adjustment to be made once Fair Market Rent requested is ultimately determined by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratearbitration.

Appears in 1 contract

Samples: Lease (Vivus Inc)

Option to Extend. (a) Provided that While the Lease is in full force and effect, provided the Tenant is not then in default of its obligations under this Lease any of the terms, covenants and conditions thereof, beyond any applicable notice and cure or grace periodperiods, the Landlord shall and further provided that ClickSoftware, Inc. is itself occupying at the expiration least fifty percent (50%) of the TermPremises then demised to Tenant, in each case both as of the time of option exercise and as of the commencement of the herein additional term, Tenant shall have the right or option (the "Extension Option") to extend the original term of this Lease for one (1) period of three (3) years. Such extension of the original term shall be on the same terms, covenants and conditions as provided for in the original term except (a) Tenant has given shall have no further option to extend the Landlord notice term, (b) the base year for Property Taxes and Operating Expenses (net of its Property Taxes) shall be updated to then current calendar year and fiscal tax year as of the date of exercise of the option Extension Option, (c) the Base Rent during the extended term shall be ninety-five percent (95%) of the fair market rental value for new leases, as determined by Landlord, taking into account new leases then currently being negotiated or executed for comparable space in the office park in which the Building is located, including provisions for subsequent increases and other adjustments and also taking into account such new base years, or if no new leases are then being negotiated or executed in such office park, the fair market rental value shall be determined by Landlord taking into account new leases then being negotiated or executed for comparable space located elsewhere in first-class office buildings located in the Burlington, Massachusetts area, and (d) Landlord shall have no obligation to extend prepare, refurbish or construct the Premises or any part thereof prior to the commencement of the herein additional term or otherwise provide any amount of improvement allowance in respect of the Premises. Notwithstanding the foregoing, in no event shall the Base Rent on account of any additional term be less than the annual Base Rent payable for the Premises as of the date immediately preceding the commencement of such additional term. Notice of Tenant's intention to exercise the Extension Option must be given to Landlord, in writing, at least twelve nine (129) months prior to the expiration of the Term, extend the Term for a further initial term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension TermLease. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Gross Lease (Clicksoftware Technologies LTD)

Option to Extend. a. Subtenant shall have two (a2) Provided that options to extend the Tenant is not then in default Term of its obligations under this Lease beyond any applicable cure or grace Sublease, each for a period of six (6) months (each six-month period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord an “Extension Period”) each by providing Sublandlord with written notice of its exercise of the option to extend at least delivered no less than nine (9) months but no more than twelve (12) months prior to the expiration commencement of the Termapplicable Extension Period. Sublandlord and Subtenant agree that upon Subtenant’s exercise of an Extension Period in accordance with the Paragraph, the Term of this Sublease shall be extended without the execution of additional documents (though the parties may execute an amendment to this Sublease in confirmation thereof) on all of the terms and provisions of this Sublease except as expressly provided in this Paragraph 4. b. The Base Rent for the entire Sublease Premises for each of the Extension Periods shall be $382,500.00 per month. There shall be no other cost increases to Subtenant. c. Notwithstanding anything to the contrary set forth herein, Sublandlord can reject Subtenant’s exercise of the second option to extend by delivering written notice (the “Sublandlord’s Rejection Notice”) of its rejection to Subtenant within thirty (30) days of Sublandlord’s receipt of Subtenant’s notice of its election to extend the Term for the second Extension Period, TIME BEING OF THE ESSENCE with respect to the delivery of Sublandlord’s Rejection Notice. Sublandlord’s Rejection Notice shall contain a further term representation from an officer of five (5) years (Sublandlord stating that Sublandlord intends to use the “First Sublease Premises for its own business. If Sublandlord’s Rejection Notice is timely delivered, Subtenant’s exercise of the second Extension Term”) from Period shall be null and void in which case the Term shall Expire as of the expiration of the Term, upon first Extension Period and Subtenant shall surrender the same terms and conditions contained in this Lease except extension options and Premises to Sublandlord on or before the Annual Base Rent to be paid during the First Extension Termthen Expiration Date. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Sublease Agreement (Blue Apron Holdings, Inc.)

Option to Extend. In the event that Sublandlord has no intention or plans to use the Subleased Premises for itself or its affiliated companies, or either of their successors or assigns, Subtenant has one (1) option to extend the Term of this Sublease for a period of one (1) year (“Extension Term”) commencing upon December 1, 2007 provided that (a) Provided that the Tenant is not then in no default of its obligations under this Lease beyond any applicable grace and cure periods in the obligations of the Subtenant to pay Annual Fixed Rent or grace period, the Landlord Additional Rent under this Sublease shall exist at the expiration time such option is exercised and no other payment default or material default beyond applicable notice and grace periods shall exist under this Sublease either at the time of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, or upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default day of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then (b) Subtenant shall give notice to Sublandlord of its exercise of the applicable option not later than June 30, 2007, and (c) at the time such option is exercised and as of the first day of the Extension Term, the original Subtenant shall be itself be in occupancy of 100% of the Subleased Premises, and (d) Sublandlord has not within thirty (30) days from Subtenant’s notice to exercise this option notified Subtenant that Sublandlord rejects the option because Sublandlord has an intention or plan to use the Subleased Premises for itself or its affiliated companies. All the provisions of this Sublease shall be applicable during the Extension Term except that (a) Subtenant shall have no additional option to extend the Term of this Sublease beyond the Extension Term, (b) the Annual Base Fixed Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined$252,126, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination and (c) none of the Annual Base Rent, provisions of Early Entry or any improvements shall apply nor shall Sublandlord be required to pay any inducement payments nor make any alterations of any kind or nature. Section 19(e)- Add a new Section 19(e) in its entirety with the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.following:

Appears in 1 contract

Samples: Sublease Agreement (GlassHouse Technologies Inc)

Option to Extend. Landlord hereby grants Tenant the option to extend the Lease Term for two (a2) Provided that the Tenant is not then in default periods of its obligations under this Lease beyond any applicable cure or grace periodthree (3) years each, the Landlord shall at the expiration upon all of the Termterms and conditions contained in this Lease, except for Base Rent. The Base Rent shall be one hundred percent (100%) of the projected net fair market rental rate on the effective date of such renewal for comparable term extensions for comparable space in comparable first class buildings in the area (the "Fair Market Renewal Rate"), provided that in no event shall the Fair Market Renewal Rate be less than the then current Base Rent being paid by Tenant. If Tenant has given the Landlord wishes to exercise this extension option, Tenant shall provide written notice of its exercise of the option intent to extend at least twelve (12) months prior to the expiration of the then current Lease Term. Within thirty (30) days after receipt of such notice, Landlord shall inform Tenant of the proposed Base Rent and other extension terms. If Landlord and Tenant cannot agree on a Base Rent within sixty (60) days after Tenant's receipt of Landlord's notice, then Tenant may either (i) elect not to so extend the Lease Term; or (ii) irrevocably elect to extend the Lease Term for a further term of five (5) years (with the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent market rent to be paid during determined in accordance with the First Extension Termfollowing binding arbitration provisions. (b1) Provided that Within fifteen (15) days after Tenant's irrevocable election to extend the Lease term, Landlord and Tenant is shall each identify an impartial person to act as a valuation expert and notify the other thereof. The expert specified in each such notice must be a commercial real estate professional having not then less than ten (10) years' active experience as a real estate professional in default of its obligations under this Lease beyond any applicable cure or grace the downtown and suburban office leasing market in Bellevue, Washington. If either party fails to appoint an expert within such fifteen (15) day period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rentexpert first appointed shall be final, conclusive and binding on both parties. (2) The named experts shall together determine the Fair Market Renewal Rate. If the experts fail to agree on the Fair Market Renewal Rate within thirty (30) days of their appointment and the difference in their conclusions about Fair Market Renewal Rate is ten percent (10%) or less of the lower of the two determinations, Fair Market Renewal Rate shall be the average of the two determinations. (3) If the two experts fail to agree on Fair Market Renewal Rate and the difference between the two determinations exceeds ten percent (10%) of the lower of the two determinations, then the experts shall appoint a third expert, similarly impartial and qualified, to determine the Fair Market Renewal Rate. Such third expert shall determine the Fair Market Renewal Rate within thirty (30) days of his or her appointment, and the average of the determinations of the two closest experts is final, conclusive and binding on Landlord and the Tenant. Landlord and Tenant shall make each execute and deliver an agreement confirming annual rent for the appropriate adjustments together with interest at extended term. (4) Landlord and Tenant shall each pay the Prime Ratefees of any expert appointed by Landlord and Tenant, respectively, and Landlord and Tenant shall each pay one-half ( 1/2) of the fees of the third expert, if any.

Appears in 1 contract

Samples: Lease Agreement (Onyx Software Corp/Wa)

Option to Extend. (a) Provided that Tenant shall have one (1) option to extend this Lease in accordance with the provisions of this paragraph for an additional term of five (5) years on all of the same terms and conditions of this lease with the exception of base rent payable under Article 1 K. hereof which shall be Landlord's then prevailing base rent being charged by Landlord for space in the Building reasonably comparable to the Premises. Provided, however, Tenant is may not then exercise the foregoing option to extend if it shall be in default under the Lease and any attempted exercise while in default shall be null and void and of its obligations under this Lease beyond any applicable cure or grace periodno effect. If Tenant elects to exercise the foregoing option to extend, the it shall give Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord written notice of its exercise election to do so on or before eight (8) months prior to the normal expiration date of the option Lease, but not prior to extend at least twelve (12) months prior to the normal expiration date of the TermLease, extend time being of the Term essence, which notice shall also request that Landlord furnish Tenant with the base rent of the extended term which shall be derived using Landlord's then prevailing rate for a further space in the Building comparable to the Premises. Landlord shall furnish Tenant with the base rent figure for the term extension within ten (10) days of receipt of Tenant's notice of exercise. Provided, however, in the event Landlord and Tenant have not signed an amendment to this Lease for any reason confirming the extended term of five the Lease and setting forth the base rent for the term by no less than six (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (126) months prior to the normal expiration date of the First Extension TermLease, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration time being of the Termessence, upon then Tenant's extension of the same terms Lease shall be deemed null and conditions contained in void and this Lease shall expire on its initial expiration date as if the above extension option had not been exercised. Tenant agrees to execute such additional documents, if any, as Landlord may reasonably require regarding such extension. Tenant has no other options to extend this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Termas set forth in this paragraph. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Office Lease (Saville Systems PLC)

Option to Extend. (a) Provided that the this lease is then in full force and effect and Tenant is not then in default Default, Landlord hereby grants to the Tenant an option to extend the Term of its obligations this lease (but as to Lobby Space, only if elected under Section 36(e)) on the same terms, conditions and provisions as contained in this Lease beyond any applicable cure or grace lease, except as otherwise provided herein, for three (3) successive periods (each such period called an "Option period, ") of five (5) years each. The First Option Period will commence on the Landlord shall at date after the expiration of the Initial Term, provided the Tenant has given the Landlord notice of its exercise and each successive Option Period will commence upon expiration of the option prior Option Period. (b) Landlord shall deliver written notice to extend at least twelve Tenant of Landlord's determination of the Market Rental Rate for an Option Period no later than twenty-four (1224) months prior to the commencement of such Option Period. Tenant may, no earlier than thirty-six (36) months nor later than twenty-five (25) months prior to the expiration of the TermInitial Term or the Option period, extend the Term for a further term as applicable, request in writing that Landlord advise Tenant in writing of five (5) years (the “First Extension Term”) from the expiration Landlord's determination of the TermMarket Rental Rate for multiple successive Option Periods, upon in which case Landlord shall deliver such rates in accordance with the same terms and conditions contained provisions of the immediately prior sentence. In the event there is any disagreement over the Market Rental Rate such disagreement shall, at Tenant's election, be resolved in this Lease except extension options and accordance with the Annual Base Rent to be paid during the First Extension Termprovisions of Section 61(b) hereof. (bc) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the Tenant's option to extend at least twelve shall be exercisable by Tenant's written notice of Tenant's election to exercise given to Landlord no later than eighteen (1218) months prior to the expiration of the First Extension Terminitial Term or the Option Period which precedes the Option period for which the option is being exercised; it being understood and agreed that if Landlord quotes to Tenant the Market Rental Rate, Tenant need not exercise the option. If not so exercised, Tenant's option for such Option Period under this Section 36 shall thereupon expire. Tenant shall have the right to exercise its right to extend the First Extension Term term for a further term more than one (1) Option Period by delivering written notice of five Tenant's election to exercise more than one (51) years Option Period no later than eighteen (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (318) months prior to the commencement expiration of the initial Term or the Option Period, whichever immediately precedes the Option period(s) for which the option is being exercised. Tenant's notice of exercise once given is irrevocable. (d) Rent per square foot of Rentable Area of the Initial Office Premises payable during the Option Period with respect to the Initial Office Premises shall be equal to eighty-five percent (85%) of the Market Rental Rate. Rent per square foot of the Rentable Area of the remainder of the premises (except Vault Space) payable during the Option Period shall be at the Market Rental Rate. Base Rent per square foot of Rentable Area of Original Vault Space and Additional Vault Space (as hereinafter defined) during the first Lease Year of the Option Period shall increase over Base Rent for such Extension Termspace payable during the initial Term by a percentage equal to the percentage increase in Base Rent for low-rise office space from a Base Rent of Twenty-Two and 50/100 Dollars ($22.50) to the Base Rent for Lease Year twenty-one (21), then Annual subject to further increases in each Lease Year thereafter corresponding (on a percentage basis) with subsequent increases in Base Rent for low-rise office space. No Additional Rent shall be decided payable with respect to Original Vault Space and Additional Vault Space. (e) Provided that Tenant (and/or any of its Affiliates) is then occupying at least one hundred thousand (100,000) square feet of Rentable Area, Tenant may, but shall not be obligated to, extend the Term of this lease for the Lobby Space for the same period, in the same manner set out and at the same time that Tenant is extending the Term of this lease for the Premises. Rent for the Lobby Space during the Option Period shall be at the Market Rental Rate (not including those elements included in the definition of Market Rental Rate in Section 3.361 which are not applicable to leasing of retail/lobby space, but also including other elements which are used in determining rent for comparable retail/lobby space and which are not included in the definition of Market Rental Rate in Section 61). Until Any disagreement over the Annual Base Rent has been determined, Market Rental Rate shall be resolved in accordance with the provisions of Section 61(b) hereof. (f) Upon the valid exercise by Tenant shall pay the monthly Rent requested by the Landlord and, upon the of its option to extend and determination of the Annual Base RentRent for the Option Period, at the request of either party hereto and within thirty (30) days after such request, Landlord and the Tenant shall make enter into a written supplement to the appropriate adjustments together with interest at lease confirming the Prime Rateterms, conditions and provisions applicable to the Option Period.

Appears in 1 contract

Samples: Lease (Chicago Title Corp)

Option to Extend. (a) Provided that Landlord grants to Tenant two options to extend the term of this lease for a period of three years each subject to all terms and conditions herein contained except this paragraph, paragraph 47 - Tenant is not then in default Improvements, and monthly rental which shall be determined as set forth below. In order to exercise this option, Tenant must have performed all the covenants and obligations of Tenant herein and at least six months before the ending date of the initial term of this lease or of the first extended term of three years, must have delivered to Landlord written notice of the exercise of this option. As of the date of exercise by Tenant of its obligations option to extend, the monthly base rental for the Extended Term of three years shall be subject to negotiation between the Landlord and Tenant. Not later than five (5) full calendar months prior to the expiration date of the Initial Term, or of the extended term as the case may be, Landlord and Tenant shall meet and endeavor to agree between themselves as to the fair market base monthly rental of the premises, as of the commencement of the Extended Term. If the parties are able to agree on such fair market base monthly rental, said base monthly rent shall be the rental for the premises during the Extended Term. In the event the parties fail to agree upon said amounts for the Extended Term, at least four (4) full calendar months prior to commencement thereof, the base monthly rental for the Extended Term, shall be determined by appraisal in the manner hereafter set forth. In the event it becomes necessary under this Lease beyond any applicable cure subparagraph to determine the fair market base monthly rental of the premises by appraisal, Landlord and Tenant, no later than three (3) full calendar months prior to commencement of the Extended Term, each shall appoint an experienced real estate appraiser with at least five (5) years experience in the leasing of industrial office property in the general vicinity of the premises. The two appraisers so selected shall each determine the fair market base monthly rental for the premises taking into account the value of the property and comparable prevailing rentals including escalations for a three (3)year term in that area. Such appraisers shall, within twenty (20) business days after their appointment, complete their appraisals and submit their appraisal reports to Landlord and Tenant. If the fair market monthly base rental of the premises established in the two (2) appraisals varies by ten percent (10%) or grace periodless of the higher rental, the Landlord shall at the expiration average of the Termtwo shall be controlling. If said fair market monthly base rental varies by more than ten percent (10%) of the higher rental, provided said appraisers, within ten (10) days after the submission of the last appraisal, shall appoint a third appraiser who shall also meet the qualifications set forth above. Such third appraiser shall, within twenty (20) business days after his appointment, determine by appraisal the fair market monthly base rental of the-premises, taking into account the same factors referred to above, and submit his appraisal report to Landlord and Tenant. The fair market monthly base rental determined by the third appraiser for the premises shall be controlling, unless it is less than that set forth in the lower appraisal previously obtained, in which case the value set forth in said lower appraisal shall be controlling, or unless it is greater than that set forth in the higher appraisal previously obtained, in which case the base rental set forth in said higher appraisal shall be controlling. If either Landlord or Tenant has given fails to appoint an appraiser or if an appraiser appointed by either of them fails, after his appointment, to submit his appraisal within the required period in accordance with the foregoing, the appraisal submitted by the other appraiser shall be controlling. The term "fair market monthly base rental" used for all purposes of this paragraph, shall include escalation over the three year term. The cost of all appraisals under this subparagraph shall be borne equally by Landlord notice and Tenant. Upon determination of its the fair market base monthly rental by appraisal, the parties hereto shall immediately execute an addendum to this Lease stating the fair market base monthly rental so determined. In the event of exercise of the option to extend at least twelve extend, the security deposit shall continue to be held under the provisions of the lease, to be returned to Tenant to the extent therein set forth, within 30 days after the termination of the extension period and vacation of the premises by Tenant. It is agreed that this Option to Extend is personal to Tenant, and has been granted because of specific use of the premises by Tenant and agreements in the lease concerning Tenant's improvements. In the event this lease is assigned or sublet to any third party or entity other than to successor tenant as defined by paragraph 24 (12f), this Option to Extend shall be null and void. Landlord and Tenant have executed and delivered this Lease as of the date first hereinabove set forth. LANDLORD TENANT Xxxxxx Xxxxxxxxxxx, Xx. and Olivetti Advanced Technology Xxxxxxx X. Xxxxxxxxxxx Center, Inc. /s/ Xxxxxx Xxxxxxxxxxx, Xx. /s/ X.X. Xxxxxxx ___________________________ By ______________________ Xxxxxx Xxxxxxxxxxx, Xx. /s/ Xxxxxxx X. Xxxxxxxxxxx __________________________ Printed Xxxxxxx X. Xxxxxxxxxxx X.X. Xxxxxxx Name: _____________________ Treasurer/Controller Title: ______________________ 000 Xxxxxxxx Xx. Xxx Xxxxxx, XX 00000 By: ________________________ Printed Name:______________________ Title: ______________________ ADDENDUM ONE TO LEASE AGREEMENT dated by and between XXXXXX XXXXXXXXXXX, XX. and XXXXXXX X. XXXXXXXXXXX as Landlord, and OLIIVETTI ADVANCED TECHNOLOGY CENTER, INC., as Tenant MODIFICATIONS, ADDITIONS AND AMENDMENTS TO LEASE The provisions of this Addendum One shall modify, amend and be in addition to the provisions of the Lease. Where the provisions of this Addendum One are inconsistent with the provisions of the Lease, the provisions of this Addendum One shall govern. 1. Tenant has inspected the premises and accepts the premises in "As Is" condition with the following exceptions: 1) months The roof shall be inspected by a reputable roofing contractor selected by Landlord and approved by Tenant, which approval shall not be unreasonably withheld. Repairs recommended by this inspection to place the roof in good condition prior to the expiration of lease commencement date shall be accomplished with the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent cost to be paid during the First Extension Termborne by Landlord. (b2) Provided that The HVAC equipment on the Tenant is roof shall be inspected by a reputable HVAC contractor selected by Landlord and approved by Tenant, which approval shall not then be unreasonably withheld. Repairs or replacements recommended by this inspection to place this equipment in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months good condition prior to the expiration lease commencement date shall be accomplished with the cost to be borne by Landlord. 2. Tenant may for the purpose of installing Tenant Improvements, occupy the Premises prior to the Commencement date of the First Extension TermLease (Early Occupancy) on February 1, extend 1995. If Tenant Improvements are completed prior to the First Extension Term for a further term of five (5) years (Lease Commencement date, Tenant may occupy the “Second Extension Term”) from the expiration of the Term, upon the same premises and carry on its business. Said Early Occupancy shall be under all terms and conditions contained in provisions of this lease except that no Base rent and Additional Rent shall be payable for this period. Prior to February 1, 1995, subject to the approval of Diamond Computer Systems, Tenant shall have reasonable access to the Premises for the purpose of architectural and engineering planning. 3. Landlord warrants and represents to Tenant that to the best of Landlord's knowledge on the date this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for is executed there is no asbestos on the Premises. If Tenant shall not bring nor permit asbestos to be brought onto the Landlord and Premises. 4. In the event Tenant have not mutually agreed wishes to install additional air conditioning or other equipment on the amount roof, Tenant shall furnish an engineer's report certifying that the structural integrity of the Annual Base Rent at least three (3) months prior roof and roof covering will not be adversely affected by the proposed addition. 5. Notwithstanding the provisions of Paragraph 22 of the Lease to the commencement contrary, in the event Landlord elects to repair or restore the Premises and such repair or restoration is reasonably estimated by Landlord to require more than one hundred eighty (180) days from the date of destruction, Landlord shall notify Tenant and Tenant shall have ten (10) days after receipt of such Extension Termnotice to elect to terminate the Lease by giving written notice of such election to Landlord. If Tenant so elects to terminate the Lease, then Annual Base Rent such termination shall be decided effective as of (i) if Tenant is in possession of the manner set out in Section 3.3. Until the Annual Base Rent has been determinedPremises following such damage or destruction, the date Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination surrenders possession of the Annual Base RentPremises to Landlord following Tenant's election to terminate the Lease or (ii) if Tenant is unable to occupy the Premises following such damage and destruction, the Landlord and date on which the Tenant shall make the appropriate adjustments together with interest at the Prime Ratedamage or destruction occurred.

Appears in 1 contract

Samples: Sublease (MMC Networks Inc)

Option to Extend. Landlord grants Tenant an option (athe "Option") Provided that to extend the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration Term of the Lease for 1 additional term of 60 months ("Option Term, provided "). The Option applies only to the Tenant has Premises and is on the following conditions: A. Notice of Tenant's interest in exercising the Option must be given the to Landlord notice of its exercise of the option to extend at least twelve (12) no earlier than 12 months and no later than 9 months prior to the expiration Expiration Date ("Tenant's Notice"). Not later than 30 days after receiving Tenant's Notice, Landlord will notify Tenant of the TermBase Rent applicable during the Option Term in accordance with subsection E below ("Landlord's Renewal Notice"). B. Tenant shall have 15 days after receipt of Landlord's Renewal Notice to exercise the Option by delivering notice of exercise to Landlord. If Tenant timely exercises the Option, extend the Term for a further term will be deemed extended on the terms of five this Section and the parties will execute an amendment evidencing the extension. C. Unless Landlord is timely notified by Tenant in accordance with subsections A and B above, it will be conclusively deemed that Tenant has not exercised the Option and the Lease will expire in accordance with its terms on the Expiration Date. D. Tenant's rights pursuant to this Section are personal to Tenant and may not be assigned. Tenant's right to exercise the Option is conditioned on: (5i) years (no uncured event of default existing at the “First Extension Term”) from time of exercise or at the expiration time of commencement of the Option Term; (ii) Tenant not having subleased or vacated any part of the Premises or assigned its interest under the Lease, upon as of the same terms commencement of the Option Term; and conditions contained in this Lease except extension options and (iii) Tenant having the Annual Base Rent financial ability to be paid during perform its obligations under the First Extension Option Term. (b) Provided E. The Option granted hereunder will be upon the terms of the Lease, except that the Tenant is not then Base Rent during the Option Term will be the rate at which Landlord would lease space in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at Building comparable to the expiration of Premises to third parties if such space were available for leasing for a lease term paralleling the First Extension Option Term, provided the Tenant has given the Landlord notice of its . F. After exercise of the option Option Term, or failure to exercise the Option for the Option Term, Tenant shall have no further rights to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Lease Agreement (ChromaDex Corp.)

Option to Extend. (a) Provided that the a. Landlord hereby grants to Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve the term of this Lease for one three (123) months prior to the year period commencing upon expiration of the Term, extend the initial lease Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and each and all of the Annual Base Rent following terms and conditions: b. Tenant shall give to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord and Landlord shall at the expiration receive written notice of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve this Lease for said additional term no earlier than six (126) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least no later than three (3) months prior to the time that the option period would commence if the option were exercised, time being of the essence. If said notification of the exercise of said option is not so given and received, this option shall automatically expire. c. Tenant shall have no right to exercise such option, notwithstanding any provision in this grant of option to the contrary, if Tenant has been in default under this Lease at any time during the Lease term, and all rights of Tenant under the provisions of such option shall terminate and be of no further force or effect, notwithstanding Tenant's due and timely exercise of the option, if, after such exercise or during the term of this Lease, Tenant is in default hereunder. d. All of the terms and conditions of this Lease shall apply during the option period except as specifically modified by the applicable provisions of this Article 28. e. At the commencement of such Extension Termthe option period, then Annual Base the Monthly Rent shall be decided adjusted, upward only, to the market rental rate for similar premises within the Uptown market area of San Diego County (market rental rate shall include terms and conditions which would be offered to a non-renewing tenant) as follows: The parties shall attempt to reach agreement concerning the market rental rate. If the parties are unable to do so within thirty (30) days after the date of commencement of the option period, each party shall, within ten (10) days thereafter, appoint an appraiser and the two appraisers shall thereafter attempt to reach agreement concerning such market rental rate. If one party fails to appoint an appraiser within said ten (10) days, the decision of the sole appointed appraiser shall be final and binding on the parties. If two appraisers are appointed and they are unable to reach agreement concerning the market rental rate within 60 days after commencement of the option period, the two appraisers shall, within ten (10) days thereafter, jointly appoint a third appraiser whose decision shall be final and binding on the parties. Provided however, in no event shall the amount of the Monthly Rent so determined be less than one hundred five percent (105%) of the amount of the Basic Monthly Rent payable for the last month of the initial Lease term. f. The Monthly Rent shall be adjusted after each year of the extended lease term based upon agreement of the parties, or as determined by the appraiser(s) pursuant to Section 28.e; provided, however, in no event shall the increase in the manner set out in Section 3.3. Until the Annual Base Monthly Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination for any year of the Annual Base extended lease term be less than five percent (5%) of the prior year's Monthly Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Lease Agreement (RVision, Inc.)

Option to Extend. (a) Provided that the Tenant is not no Event of Default then in default of its obligations under this Lease exists beyond any applicable notice and cure or grace period, Tenant shall have two (2) options to extend the Landlord shall at the expiration term of the Term, provided the Tenant has given the Landlord notice of its exercise Lease for all or any portion of the option Premises, as expanded or contracted from time to extend at least twelve (12) months prior to the expiration of the Termtime, extend the Term each for a further term of an additional five (5) years year term, at an amount that is equal to Prevailing Market Rent for the Premises by providing Landlord with no less than nine (9) months prior written notice prior to expiration of the then current term (the “First Extension TermOption) from ). Upon exercise the expiration of Option, the Term, upon the same terms and conditions contained in this of the Lease shall remain the same except extension options that there shall be no additional TI Allowance or construction of Initial Improvements, and Landlord shall adjust the Annual Base Basic Rent to be paid during the First Extension Term. (b) Provided an amount that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option equal to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Prevailing Market Rent for the Premises. If ; provided, however, that in no event shall Basic Rent be adjusted downward from the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Basic Rent at least three (3) months in effect immediately prior to the commencement Option term. For purposes of such Extension Termthis Section 3.3, then Annual Base “Prevailing Market Rent” shall mean the arms-length fair market annual rental rate per rentable square foot under extension leases and amendments entered into on or about the date on which the Prevailing Market Rent is being determined hereunder for space comparable to the Premises in mid-rise Class A suburban office buildings comparable to the Building in Renton, Washington, as of the date the applicable extension term is to commence, taking into account the specific provisions of this Lease which will remain constant. The determination of Prevailing Market Rent shall be decided take into account the creditworthiness of Tenant, the economic terms (including, if applicable, provisions pertaining to operating expense and tax reimbursement) of this Lease and any comparison lease or amendment (including any concessions and inducements being offered under this Lease and any such comparison lease or amendment); provided that in no event shall the Prevailing Market Rent include a premium for Tenant’s specialized or custom tenant improvements (paid for by Tenant). The determination of Prevailing Market Rent shall also take into consideration any reasonably anticipated changes in the manner set out in Section 3.3. Until Prevailing Market Rent from the Annual Base time such Prevailing Market Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord is being determined and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratetime such Prevailing Market Rent will become effective under this Lease.

Appears in 1 contract

Samples: Lease Agreement

Option to Extend. (a) Provided that the If (i) Tenant is not then in default of its obligations under this Lease beyond any applicable notice and cure or grace period, the Landlord shall period at the expiration time of the Term, provided the election and (ii) Tenant has given the Landlord notice of its exercise is occupying at least eighty percent (80%) of the option to extend Premises as it is then configured at least twelve (12) months prior to the expiration time of such election, Tenant may renew this Lease for the entirety of the Term, extend the Term Premises for a further term one (1) additional period of five (5) years (the “First Extension Term”"SECOND EXTENSION PERIOD") from the expiration by delivering written notice of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent exercise thereof to be paid during the First Extension Term. (b) Provided that the Tenant is Landlord not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at earlier than 360 days nor later than 180 days before the expiration of the First Extension Term, provided Period. The Monthly Installment of rent payable for each month during the Tenant has given the Landlord notice of its exercise First Extension Period (including periodic increases) shall be set at ninety-five percent (95%) of the option to extend at least twelve then-prevailing rental rate (12the "PREVAILING RENTAL RATE") months for renewals of space in comparable buildings of comparable quality in comparable locations within the City of San Jose, California; provided, however, in no event shall the Monthly Installment of rent for such Second Extension Period be less than the Monthly Installment of rent payable by Tenant immediately prior to the expiration of the First Extension TermPeriod. As used herein, extend "then-prevailing" shall mean the First Extension Term for a further term time period which is 180 days prior to the commencement of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermPeriod not the commencement date of the Second Extension Period. Within thirty (30) days after receipt of Tenant's notice exercising its option to extend, Landlord shall deliver to Tenant written notice of the Prevailing Rental Rate and shall advise Tenant of the required adjustment to the Monthly Installment of rent for the Second Extension Period. Tenant shall, within ten (10) business days after receipt of Landlord's notice, time being of the essence with respect thereto, notify Landlord in writing whether Tenant accepts or rejects Landlord's determination of the Prevailing Rental Rate. If Tenant rejects Landlord's determination of the Prevailing Rental Rate, Tenant's written notice shall include Tenant's own determination of the Prevailing Rental Rate. If Tenant does not deliver any written notice to Landlord within ten (10) business days after receipt of Landlord's notice of the Prevailing Rental Rate, or if Tenant's notice fails to include Tenant's determination of the Prevailing Rental Rate, Tenant shall be deemed to have withdrawn its exercise of its rights under this Section 15, whereupon Tenant's rights under this Section 15 shall be null and void and of no further force or effect. If Tenant and Landlord disagree on the Prevailing Rental Rate, then Landlord and Tenant shall attempt in good faith to agree upon the Prevailing Rental Rate. If by that date which is 120 days prior to the commencement of the Second Extension Period (the "OPTION TRIGGER DATE"), Landlord and Tenant have not agreed in writing as to the Prevailing Rental Rate, the parties shall determine the Prevailing Rental Rate in accordance with the procedure set forth in Section 15(b) below. (b) If Landlord and Tenant are unable to reach agreement on the Prevailing Rental Rate by the Option Trigger Date, then within ten (10) business days after the Option Trigger Date, Landlord and Tenant shall each simultaneously submit to the other in a sealed envelope its good faith estimate of the Prevailing Rental Rate. If either Landlord or Tenant fails to timely propose a Prevailing Rental Rate, then the Prevailing Rental Rate proposed by the other party shall prevail. If the higher of such estimates is not more than one hundred five percent (105%) of the lower, then the Prevailing Rental Rate shall be the average of the two. Otherwise, the dispute shall be resolved by arbitration in accordance with the remainder of this paragraph . Within seven (7) days after the exchange of estimates, the parties shall select as an arbitrator a licensed real estate broker with at least ten (10) years of experience leasing industrial buildings in the City of San Jose (a "QUALIFIED ARBITRATOR"). If the parties cannot agree on a Xxxxified Arbitrator, then within a second period of seven (7) days, each shall select a Qualified Arbitrator and within ten (10) days thereafter the two appointed Qualified Arbitrators shall select a third Qualified Arbitrator and the third Qualified Arbitrator shall be the sole arbitrator (the "ARBITRATOR"). If one party shall fail to select a Qualified Arbitrator within the second seven (7)-day period, then the Qualified Arbitrator chosen by the other party shall be the Arbitrator. Within thirty (30) days after submission of the matter to the Arbitrator, the Arbitrator shall determine the Prevailing Rental Rate by choosing whichever of the estimates submitted by Landlord and Tenant the Arbitrator judges to be more accurate. The Arbitrator shall notify Landlord and Tenant of his or her decision, which shall be final and binding. If the Arbitrator believes that expert advice would materially assist him or her, the Arbitrator may retain one or more qualified persons to provide expert advice. The fees of the Qualified Arbitrator selected by each party shall be borne by that party. The fees of the third Qualified Arbitrator or the sole Arbitrator, as the case may be, and the expenses of the arbitration proceeding, including the fees of any expert witnesses retained by such Arbitrator, shall be shared equally by Landlord and Tenant. (c) If Tenant timely notifies Landlord that Tenant accepts Landlord's determination of the Prevailing Rental Rate, or the parties subsequently agree on the Prevailing Rental Rate, or following resolution of the Prevailing Rental Rate via arbitration, whichever shall be applicable, then, on or before the commencement date of the Second Extension Period, Landlord and Tenant shall execute an amendment to the Lease extending the Lease Term on the same terms provided in the Lease, as amended hereby, except as follows: (i) The Annual Base Rent during any Monthly Installments of rent for the Second Extension Term Period shall be adjusted to 95% of the Prevailing Rental Rate (which shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided rental rate set forth in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the Landlord's determination of the Annual Base RentPrevailing Rental Rate, the Prevailing Rental Rate mutually agreed upon by the parties, or the Prevailing Rental Rate determined by arbitration, as the case may be), including any periodic adjustments thereto; (ii) Tenant shall have no further extension option hereunder; and (iii) Landlord shall lease the Premises to Tenant in their then-current "AS IS" condition, and Landlord shall not be obligated to provide to Tenant any allowances or other tenant inducements. (d) Tenant's rights under this Section 15 shall terminate if (i) this Lease or Tenant's right to possession of the Premises is terminated; (ii) Tenant assigns its interest in this Lease or sublets more than twenty percent (20%) of the Premises as it is then configured; or (iii) Tenant fails to timely exercise its option under this Section 15, time being of the essence with respect to Tenant's exercise thereof. Further, if Tenant commits an Event of Default at any time between the date of Tenant's notice of exercise hereunder and the Tenant commencement date of the Second Extension Period which remains uncured after any applicable grace period, then, at Landlord's option, Tenant's right to lease the Premises for the Second Extension Period shall make the appropriate adjustments together with interest at the Prime Ratebe terminated and Tenant's rights under this Section 15 shall be null and void and of no further force or effect.

Appears in 1 contract

Samples: Lease Amendment (Western Digital Corp)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at At the expiration of the Termoriginal Term hereof, provided the Tenant has given the may extend this Lease for two (2) extended terms of five (5) years by giving Landlord unequivocal written notice of its exercise of the option intention to extend do so at least twelve nine (129) months prior to the expiration of said original Term or extended Term. Notwithstanding the Termforegoing, Tenant shall have no right to extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the if Tenant is not then in material default of its obligations under this Lease beyond any applicable cure period under the Lease on the date of giving such notice or grace period, on the Landlord date of commencement of such extended term. The extended terms shall at the expiration be upon all of the First Extension Termterms and conditions of this Lease, except that the following rights of Tenant during the original Term of this Lease (if and to the extent expressly provided the Tenant has given the Landlord notice of its exercise for in this Lease) shall not apply during such option periods: (a) any right to rent-free possession, (b) any right to further extension of the option Term beyond the extended term set forth hereinabove, and (c) any right to extend at least twelve continue to pay the same Base Rent. Landlord and Tenant hereby acknowledge and agree that the Base Rent during any extended terms shall be one hundred percent (12100%) of the “Fair Market Rental” for the Premises, as determined in accordance with this Section, Landlord’s initial estimate of which shall be provided to Tenant by Landlord no later than nine (9) months prior to the expiration of said original Term or extended Term. The parties shall have until the First Extension Term, extend the First Extension Term for a further term of date that is five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the date that said original Term or extended Term will expire (the “Deadline for Rental Agreement”) in order to agree on Base Rent for such extended term. If the parties agree on the Base Rent for such extended term on or before the Deadline for Rental Agreement, they shall immediately execute an amendment to this Lease stating the Base Rent for the extended term. If the parties are unable to agree on Base Rent for such extended term on or before the Deadline for Rental Agreement, then the Fair Market Rental shall be established by appraisal as follows: (i) within ten (10) days after the Deadline for Rental Agreement (or, if later, within ten (10) days after Landlord or Tenant has given to the other a written demand that the Fair Market Rental be determined in accordance with the provisions of this Section 4(d) [a “Written Demand for Determination”]), Landlord and Tenant shall each give to the other a written notice setting forth its final determination of the Fair Market Rental (collectively, the “Final Fair Rental Notices”); (ii) if only one (1) Final Fair Rental Notice is timely given, then that one (1) Final Fair Rental Notice shall conclusively establish the Fair Market Rental; (iii) if both Landlord and Tenant give Final Fair Rental Notices, and the Final Fair Rental Notices are different in any respect, then the Fair Market Rental shall be conclusively established by an independent appraiser mutually chosen by Landlord and Tenant; provided that, if Landlord and Tenant have not agreed upon, and engaged, such appraiser within thirty (30) days after the Deadline for Rental Agreement (or, if later, within twenty (20) days after a Written Demand for Determination has been given), then, either Landlord or Tenant shall have the right, but no obligation, to file a declaratory relief action in the Superior Court in the county where the Premises are located for the purpose of having that Court appoint, or impose a mechanism for appointment of, an independent appraiser; provided further that, if Landlord and Tenant shall both then agree to allow their attorneys to select the appraiser, instead of filing a declaratory relief action, Landlord and Tenant shall each engage a duly licensed California attorney with commercial leasing experience of at least ten (10) years, which attorneys shall, by their agreement, select the appraiser; (iv) Landlord and Tenant shall share equally the fees and expenses of the selected appraiser and shall each pay its own attorneys’ fees, except that, if a declaratory relief action is filed, then, in connection with making its decision and entering its judgment, the Court shall, in its discretion, allocate between Landlord and Tenant all costs and fees incurred by either or both of them, including, but not limited to, attorneys’ fees and appraisal fees; (v) within thirty (30) days after the appraiser’s engagement, the appraiser shall deliver to Landlord and to Tenant the appraiser’s determination of which of the two (2) Final Fair Rental Notices (the “Chosen Fair Value Rental Notice”) is, in the appraiser’s opinion, the closest to the then current fair market value rent for the Premises, based upon the then current highest and best use thereof, without any consideration given to the then current uses of the Premises, or any portion thereof, but with consideration given to any enhancement or diminution in fair market value rent arising from the terms or conditions of this Lease; and the amount set forth in the Chosen Fair Value Rental Notice shall be deemed to be the Fair Market Rental; and (vi) the appraiser shall be required to give to Landlord and to Tenant a written statement of the appraiser’s reasoning and justification for selection of the Chosen Fair Value Rental Notice; the appraiser shall not be permitted to decide on a middle ground, or to suggest any compromise; the appraiser’s sole function shall be to determine the Chosen Fair Value Rental Notice, and provide his or her reasons therefor. Landlord and Tenant hereby acknowledge that they intend that the Fair Market Rental shall be deemed to be the rent per square foot of rentable area of office space that is then being charged for office space located in office buildings in the vicinity within a radius of one (1) mile of the Building that are comparable in quality and offer similar amenities to the Building, and involving renewing leases with similar terms and conditions, and involving the use of the premises for general office purposes, and taking into account whether a real estate brokerage commission is paid as may be required hereunder and in the amount as set forth below. The office spaces used for comparison shall be reasonably comparable in size, quality and design to the Premises, and such office spaces used for comparison shall be reasonably comparable to the Premises with respect to their location within such buildings. The appraiser shall also consider the quality and quantity of tenant improvements, the services provided by each landlord to such tenant, and the financial strength of Tenant, as well as all other concessions then being offered to similar tenants. In the event that the Fair Market Rental is not established before the commencement of such Extension the extended term, Tenant shall continue to pay the Base Rent in effect as of the end of the original Term; and when the Fair Market Rental has been established, then Annual the new Base Rent shall be decided in retroactively effective as of the manner set out in Section 3.3. Until beginning of the Annual Base Rent has been determinedextended term, the and Tenant shall pay Landlord any deficiency within thirty (30) days after the monthly Rent requested by the Landlord and, upon the determination establishment of the Annual new Base Rent. If Tenant has overpaid Base Rent during such period, such overpayment shall be offset against Rent thereafter coming due. Landlord agrees, at Tenant’s election, to pay to the Broker for Tenant identified in the Basic Lease Information, or to such other broker as Tenant may then choose to represent Tenant, a commission equal to two percent (2%) of the Base Rent payable during said extended term. Said commission shall be due and payable when Tenant gives to Landlord and its written notice electing to extend the Tenant shall make Term as above provided or, if later, when the appropriate adjustments together with interest at the Prime RateFair Market Rental is determined as above provided.

Appears in 1 contract

Samples: Lease Agreement (American River Bankshares)

Option to Extend. Borrower shall have the option to extend (“Option to Extend”) the term of the Loan from the Original Maturity Date to the Extended Maturity Date, upon satisfaction of each of the following conditions precedent: (a) Provided Borrower shall provide Administrative Agent with written notice of Borrower’s request to exercise the Option to Extend not more than ninety (90) days but not less than thirty (30) days prior to the Original Maturity Date; (b) As of the date of Borrower’s delivery of notice of request to exercise the Option to Extend, and as of the Original Maturity Date, no Default or Potential Default shall have occurred and be continuing, and Borrower shall so certify in writing; (c) Borrower shall execute or cause the execution of all documents reasonably required by Administrative Agent to exercise the Option to Extend and shall deliver to Administrative Agent, at Borrower’s sole cost and expense, such endorsements to the Title Policies as reasonably required by Administrative Agent; (d) On or before the Original Maturity Date, Borrower shall pay to Administrative Agent, for the pro rata benefit of Lenders, an extension fee in the amount of 0.20% of the total Commitments for the Loan (consisting of the Loan plus any amount of the Commitments not yet disbursed), as determined on the Original Maturity Date; provided, however, that Borrower may elect, by written notice to Administrative Agent given at the Tenant time of or prior to the exercise of the Option to Extend, to reduce the Commitments (on a pro rata basis among the Lenders) to an aggregate amount that is not then in default of its obligations under this Lease beyond any applicable cure or grace period, less than the Landlord shall at the expiration outstanding principal balance of the TermLoan; (e) The Aggregate DSC as of the last day of the most recent DSC Test Date prior to the Original Maturity Date shall equal or exceed 1.45; provided, provided however, in the Tenant has given event such Aggregate DSC requirement is not met, Borrower shall either (i) pay down the Landlord notice outstanding principal balance of the Loan prior to the Original Maturity Date to the extent necessary to meet such Aggregate DSC requirement, in which event the Commitments shall be reduced (on a pro rata basis) in the amount of such principal payment or (ii) revoke its exercise of the option Option to extend Extend by written notice to Administrative Agent at least twelve thirty (1230) months days prior to the expiration Original Maturity Date; (f) At Administrative Agent’s option, Administrative Agent shall have received an Appraisal or Appraisals confirming to the satisfaction of Administrative Agent that the ratio of the Term, extend the Term for a further term of five (5) years (Loan Amount to the “First Extension Term”) from the expiration as is” appraised value of the TermProperties (in the aggregate), upon determined as of a date not earlier than one hundred twenty (120) days prior to the same terms and conditions contained Original Maturity Date, does not exceed sixty percent (60%); provided, however, in this Lease except extension options and the Annual Base Rent to be paid during event such ratio exceeds sixty percent (60%), Borrower shall either (i) pay down the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration outstanding principal balance of the First Extension TermLoan prior to the Original Maturity Date to the extent necessary to reduce such ratio to sixty percent (60%), provided in which event the Tenant has given Commitments shall be reduced (on a pro rata basis) in the Landlord notice amount of such principal payment or (ii) revoke its exercise of the option Option to extend Extend by written notice to Administrative Agent at least twelve thirty (1230) months days prior to the expiration Original Maturity Date; (g) No material adverse change shall have occurred with respect to Borrower, Guarantor or any Property (as determined by Administrative Agent in its sole discretion); (h) All of Borrower’s representations and warranties set forth in this Agreement are true and correct in all material respects as of the First Extension TermOriginal Maturity Date, extend and Borrower shall so certify in writing; and (i) Borrower shall pay all reasonable out-of-pocket costs and expenses related to the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration exercise of the TermOption to Extend. Except as modified by the Option to Extend, upon the same terms and conditions contained in of this Lease except extension options Agreement and the Annual Base Rent to be paid during the Second Extension Termother Loan Documents shall remain unmodified and in full force and effect. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Option to Extend. Provided that, at the time of the exercise of an Extension Option (a) Provided that the Tenant defined below),Tenant is not then in default breach of its obligations under this Lease beyond any applicable notice and cure or grace periodperiods provided in this Lease, the Landlord Tenant shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the have an option to extend the Term on three (3) occasions (each such right, an “Extension Option”), as follows: (a) The first extension of the Term shall be for a period of ten (10) years. The second extension of the Term shall be for a period of nine (9) years (each such period of time, an “Option Term”).‌ (b) Written notification to Landlord exercising each such option to extend the Term must be delivered to Landlord at least twelve one (121) months year, but not more than five (5) years, prior to the expiration of the Term. Provided Tenant has properly and timely exercised an Extension Option, extend the Term of this Lease shall be extended for a further term of five (5) years (the “First Extension Term”) from the expiration period of the applicable Option Term, upon the same terms and all terms, covenants and conditions contained in of this Lease shall remain unmodified and in full force and effect, except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided modified as set forth below. Promptly following each such exercise of an Extension Option, Tenant, at its election, may prepare a notice of the exercise of such Extension Option and of the extension of the Option Term in recordable form and cause the same to be recorded in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination Official Records of the Annual Base RentCounty of Alameda, California. If Landlord is required to execute and have acknowledged such notice in order for such notice to be so recorded, Landlord shall promptly take all acts necessary to cause such notice to be executed, acknowledged and recorded (provided, however, that Landlord shall not be obligated to incur any third-party fees and/or costs in connection therewith unless such fees and/or costs are agreed to be paid for by Tenant; provided, however, to the Landlord extent that such fees and/or costs are not reasonable or normally and customarily incurred in connection with such matter, such fees and/or costs shall be paid by Landlord). Any failure to prepare, execute and/or deliver such notice(s), shall not affect the exercise by Tenant of an Extension Option and the Tenant shall make commensurate extension of the appropriate adjustments together with interest at the Prime Rate.Term.‌

Appears in 1 contract

Samples: Ground Lease Agreement

Option to Extend. Tenant shall have two (a2) Provided that consecutive options (the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option "EXTENSION OPTIONS") to extend at least twelve (12) months prior to the expiration of the Term, extend the Term and Lease Expiration Date for a further term period (the "OPTION PERIODS") of five not less than three (53) years but up to seven (7) years per option, each such period commencing upon the “First Extension Term”) from the expiration of the Term, then-current Lease Expiration Date upon the same terms and conditions contained in as are applicable for the Premises under the Lease for the Initial Term, except for the amount of Annual Rent payable under this Lease (which amount shall be determined as set forth below). An Extension Option may be validly exercised only by notice in writing received by Landlord not later than one hundred eighty (180) days prior to commencement of the applicable Option Period; provided, however, that the applicable Extension Option may be validly exercised only if no uncured Tenant default exists as of the date of exercise. If Tenant does not exercise an Extension Option in strict accordance with the provisions hereof or as otherwise agreed in writing by Landlord and Tenant, such Extension Option and all subsequent Extension Options shall forever terminate and be of no further force or effect. Tenant's Extension Options shall be upon all of the terms and conditions of this Lease, except extension options that (i) the grant of any exercised Extension Option shall no longer apply; (ii) Landlord shall not be obligated to perform any work to the Premises or provide Tenant with any refurbishment or similar allowances, except as may be determined in accordance with the determination of Fair Market Rental (as defined in Section 2.4 below); and (iii) the Annual Rent during the first Option Period shall be payable at the Fair Market Rental per rentable square foot per annum, and the Annual Base Rent to be paid during the First Extension Term. second Option Period shall be payable at the Fair Market Rental per rentable square foot per annum. In the event the named Tenant herein (i.e., Spectrum Integrated Services, Inc., d/b/a Software Spectrum Support Services) or any Transferee (as defined in Section 14.4 below) following a Permitted Transfer (as defined in Section 6.9 below) shall not be in occupancy of, and conducting business in, all of the Premises, any rights granted pursuant to this Section shall be null and void. Additionally, Tenant's rights under this Section shall terminate following the occurrence of any of the following events: (a) a termination of Tenant's right to possess all or any portion of the Premises; and/or (b) Provided that the Tenant is not then in default any termination of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermLease. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Net Lease (Software Spectrum Inc)

Option to Extend. Provided the Required Conditions (aas defined below) Provided that have been met, the Tenant will have a non-transferable right (save and except to an affiliate corporation of the Tenant, as that term is not then in default defined under the Business Corporations Act (Canada)) to extend the Term for 2 periods of its obligations under this Lease beyond any applicable cure or grace period5 years each, upon written notice given to the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) 6 months but not more than 12 months prior to the expiry of the then-current Term. Minimum Rent payable during the extension terms shall be based upon the then-prevailing fair market net rental for similar premises similarly located. Should the Tenant not exercise any extension right, then that extension right and all subsequent extension rights shall be lost and deemed null and void. If the parties cannot agree on the Minimum Rent payable during the extension term within 45 days following the date on which the Tenant has provided its notice to exercise, then the Minimum Rent will be determined by a single arbitrator jointly selected by the parties within 20 days after expiration of the Term45 day period referred to above. If the parties are unable to agree upon a single arbitrator within such 20 day period, extend the Term for a further term of five (5) years (the “First Extension Term”) from then both parties will, within 7 days after the expiration of that 20 day period, advise the Termother party of their appointment of a single arbitrator and both arbitrators so appointed will jointly appoint a third arbitrator within 7 days after their own appointment. If any of the parties fails to appoint their own arbitrator within the 7 day period, upon then the same terms arbitrator appointed by the other party will be deemed to have authority to determine the matter alone. If both parties fail to each appoint their own arbitrator, then the within option shall be null and conditions contained void and of no effect. The decision of the arbitrator as to the Minimum Rent or, where there is a panel of 3 arbitrators, the decision of a majority of such arbitrators, must be reached before the start of the extension term and all costs of the arbitration will be shared equally between the parties. If the arbitration decision has not been given prior to the start of the extension term, then from and after the first day of the extension term, the Tenant will pay the minimum rent which the Landlord sets forth as reflecting the fair market net rental and any necessary adjustments following the arbitration decision will be made retroactive to the first day of the extension term. At the Landlord’s option, the Tenant will execute an extension agreement, as prepared by the Landlord, to give effect to the extension term. Reference in this Lease except extension options and to any rights to early occupancy or rent free periods, indemnities of the Annual Base Rent to be paid during the First Extension Term. (b) Provided that Landlord in favour of the Tenant is not then or requirements on the Landlord’s part to perform any work or to pay to the Tenant any construction allowance, inducement, loan or other amount in default of its obligations under connection with this Lease beyond any applicable cure or grace periodimprovements installed in the Leased Premises, shall not apply to the extension term, such rights, indemnities and requirements being deemed to have expired with the expiry of the then-current Term of this Lease. Without limiting the generality of the foregoing, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option Landlord’s right to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner terminate as set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant Article X of this Lease shall pay the monthly Rent requested by the Landlord and, upon the determination apply during such extensions of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateterm as set out herein.

Appears in 1 contract

Samples: Industrial Lease (Primerica, Inc.)

Option to Extend. (a) Provided that the Tenant Lessee is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve the Lease term for one (121) months five year period following expiration of the initial Lease term, which option may be exercised only by written notice ("Option Notice") from Lessee to Lessor given not less than one hundred eighty (180) days prior to the expiration end of the initial Lease term; provided, however, if Lessee is in material 1. default on the date of giving the Option Notice, the option Notice shall be totally ineffective, or if Lessee is in material default on the date the Extended Term is to commence, such Extended Term shall not commence and this Lease shall expire at the end of the initial Lease term. In the event of an Extended Term, extend the Extended Term for a further term of five (5) years (shall be subject to all the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in of this Lease except extension options and excepting rent which shall be at 100% of the Annual Base Rent to be paid during then fair market rental value, as determined under subparagraph (b) below, but in no event less than the First Extension Termmonthly rent prevailing on the last month of the initial Lease term. (b) Provided that The parties shall agree on the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration fair market rental value of the First Extension Premises for said Extended Term, provided including fair market periodic adjustments thereto, during the Tenant has given the Landlord notice first thirty (30) days of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of year five (5) years of the Lease Term. If the parties are able to agree on the fair market rental value for the Extended Term, (including periodic adjustments thereto), then such agreed value shall be the “Second Extension fair market-rental value for purposes of determining the rent for the Extended Term. In the event the parties are unable to agree on the fair market rental value for the Premises (including periodic adjustments) from within that time, then at Lessee's written request, within ten (10) days of the expiration of that thirty (30) day period, each party shall separately designate an appraiser to make this determination. Within five (5) business days of their appointment, the Termtwo designated appraisers shall jointly designate a third appraiser. The failure of either party to appoint an appraiser within the time allowed shall be deemed equivalent to appointing the appraiser appointed by the other party. No person shall be appointed or designated an appraiser unless he is then a member of MAI. Appraisal shall be on the basis of the Premises "as is" except for improvements and fixtures which are the sole property of Lessee. If, upon within ten (10) business days after the same terms and conditions contained in this Lease except extension options and appointment of all appraisers, a majority of the Annual Base Rent to be paid during appraisers concur on the Second Extension Term. (c) The Annual Base Rent during any Extension Term value of the then current fair market rental value for the Premises, including fair market periodic adjustments thereto, that appraisal shall be the Current Market Rent for the Premisesaccepted fair market rental value. If the Landlord and the Tenant have not mutually agreed on the amount a majority of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Termappraisers do not concur within that period, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, appraiser whose appraisal is neither highest nor lowest shall be the Landlord and accepted fair market rental value. The parties shall share the Tenant shall make the appropriate adjustments together with interest at the Prime Rateappraisal expenses equally.

Appears in 1 contract

Samples: Industrial Lease (Dendreon Corp)

Option to Extend. (a) Provided that Landlord hereby grants Tenant the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, right to extend the Landlord shall at the expiration term of the Term, provided the Tenant has given the Landlord notice Lease for one (1) additional period of its exercise of the option to extend at least twelve four (12) months prior to the expiration of the Term, extend the Term for a further term of five (54) years (such extended period is hereinafter referred to as the “First Extension "Extended Term") from the expiration of the Term, upon on the same terms and conditions contained in this Lease the Lease, except extension options and the Annual that (i) Base Rent for the Extended Term shall be as set forth per the fair market rent methodology hereinbelow, (ii) no additional options to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord extend shall at apply following the expiration of the First Extension Extended Term, provided and (iii) Landlord shall have no obligation to make any improvements to the Tenant has given the Landlord Premises or contribute any amounts therefor. Written notice of its Tenant's exercise of the its option to extend at least twelve (12"Option to Extend") the Term of this Lease for the Extended Term must be given to Landlord no less than six (6) months prior to the expiration date the Term of the First Extension TermLease would otherwise expire. If Tenant is in default under this Lease, Tenant shall have no right to extend the First Extension Term of this Lease until such default is cured within the cure period set forth in this Lease for such default, if any; provided, that the period of time within which said Option to Extend may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise said Option to Extend because of a further term default. In the event Tenant validly exercises its Option to Extend the Term of this Lease as herein provided, Base Rent shall be adjusted as of the commencement date of the Extended Term as follows (but in no event shall it be' less than the Base Rent for the month immediately prior to the commencement of the Extended Term): (A) Not later than five (5) years (months prior to the “Second Extension commencement of an Extended Term”) from the expiration , Landlord shall provide Tenant with Landlord's determination of the fair market Base Rent for such Extended Term, upon the same terms and conditions contained in this Lease except extension options and the Annual including any appropriate annual fair market rent increases ("Landlord's Determination of Base Rent for Extended Term"). Tenant shall provide notice to be paid during the Second Extension Term. Landlord within ten (c10) The Annual days after receipt of such notice from Landlord as to whether Tenant accepts 'Landlord's Determination of Base Rent during any Extension Term for Extended Term. In the event Tenant does not agree to Landlord's Determination of Base Rent for Extended Term, Landlord and Tenant shall be the Current Market attempt to agree upon Base Rent for the PremisesPremises for the Extended Term, such rent to be the fair market rental value of the Premises for the Extended Term, as defined in Subsection (C) below. If the Landlord and parties are unable to agree upon the Tenant have not mutually agreed on the amount of the Annual Base Rent at least for the Extended Term by the date three (3) months prior to the commencement of such Extension the Extended Term, then Annual within ten (10) days thereafter each party, at its own cost and by giving notice to the other party, shall appoint a real estate appraiser with at least five (5) years full-time commercial real estate appraisal experience in the area in which the Premises are located to appraise and set Base Rent for the Extended Term, If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set Base Rent for the Extended Term. If each party shall have so appointed an appraiser, the two appraisers shall meet promptly and attempt to set the Base Rent for the Extended Term. If the two appraisers are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to select a third appraiser meeting the qualifications herein stated within ten (10) days after the last day the two appraisers are given to set Base Rent. If the two appraisers are unable to agree on the third appraiser within such ten (10) day period, either of the parties to this Lease, by giving five (5) days notice to the other party, may apply to the then presiding judge of the Washington County Circuit Court for the selection of a third appraiser meeting the qualifications stated in this paragraph. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. (B) The fair market Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested fixed by the Landlord andthree appraisers in accordance with the following procedures. Each party appointed appraiser shall state, upon the in writing, such appraiser's determination of the Annual fair market Base Rent supported by the reasons therefor and shall make counterpart copies for the other party appointed appraiser and the neutral appraiser. The party appointed appraisers shall arrange for a simultaneous exchange of their proposed fair market Base Rent determinations. The role of the neutral appraiser shall be to select whichever of the two proposed determinations of fair market Base Rent most closely approximates the neutral appraiser's own determination of fair market Base Rent. The neutral appraiser shall have no right to propose a middle ground or any modification of either of the two proposed determinations of fair market Base Rent. The determination of fair market Base Rent the neutral appraiser chooses as that most closely approximating the neutral appraiser's determination of the fair market Base Rent shall constitute the decision of the appraisers and shall be final and binding upon the parties. The appraisers shall have no power to modify the provisions of this Lease. (C) For purposes of the appraisal, the Landlord term "-fair market Base Rent-" shall mean the price that a ready and willing tenant would pay, as of the Extended Term commencement date, as a base rent to a ready and willing landlord of premises comparable to the Premises, in terms of size, quality and comparable term, in their then-improved state, in the Wilsonville, Oregon market, if such premises were exposed for lease on the open market for a reasonable period of time; including any rent increases over the Extended Term. In no event shall there be deducted from such fair market rental the value of any concessions, including without limitation, tenant improvements, commission and/or "downtime." (D) The neutral appraiser's decision shall be made not later than thirty (30) days after the submission by the appraisers of their proposals with respect to the fair market Base Rent. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the Tenant neutral appraiser may for good cause allow reasonable extensions or delays, which shall make not affect the appropriate adjustments together with interest at validity of the Prime Rateaward. Absent fraud, collusion or willful misconduct by the neutral appraiser, the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The option privilege granted herein shall not be assigned under any circumstances unless Landlord shall have consented to such assignment in writing, which consent may be withheld by Landlord in its sole discretion.

Appears in 1 contract

Samples: Industrial Lease (Trellis Earth Products Inc)

Option to Extend. Landlord hereby grants to Tenant the option to extend the Lease Term for one (1) additional period of three (3) years (the "Extended Term"), on the following terms and conditions: (a) Provided that The option to extend the Lease Term pursuant to this Article 34 shall be applicable only if Tenant leases the entire Building for the Extended Term and shall apply only if, as of the date of Tenant's exercise of the option to extend, (i) Tenant is not then in default leasing the entire Building from Landlord, or (ii) Tenant is leasing the entire first and three floors of its obligations under this the Building and the second floor will be "available for lease" (as defined below) as of the commencement of the Extended Term. If Tenant timely exercises the option to extend the Lease beyond any applicable cure or grace periodTerm as provided below and, as of the date of such exercise, the second floor is not being leased by Landlord to a third party or any and all leases of such second floor space are scheduled to expire by their respective terms prior to the commencement of the Extended Term, then, as of the commencement date of the Extended Term, Tenant shall be deemed to have agreed to lease the entire Building, including, without limitation, the entire second floor of the Building. The second floor shall be deemed available for lease as of the commencement of the Extended Term if, as of the date of exercise of the option to extend, there exists no lease applicable to any portion of the second floor space or any and all leases of such second floor space are scheduled to expire by their respective terms prior to the commencement of the Extended Term. The preceding sentence to the contrary notwithstanding, if, at the time Tenant exercises its option to extend the Lease Term, all or a portion of the second floor space is under a lease or leases but such lease(s) is (are) scheduled to expire prior to the commencement date of the Extended Term, Landlord shall at the expiration have no liability to Tenant if such tenant(s) or third party occupants occupying all or a portion of the second floor space fails to vacate such space prior to the commencement of the Extended Term and, in such event, (x) Landlord shall, at its sole cost, exercise commercially reasonable and diligent efforts to evict such tenant(s) and third party occupants from the second floor space, (y) the Extended Term shall commence on January 1, 2005 and shall expire, unless sooner terminated, on December 31, 2007 (irrespective of when Landlord delivers possession of the entire second floor to Tenant free and clear of all tenancies, leases and occupancy agreements), and (2) Landlord's and Tenant's rights and obligations (including, Tenant's obligation to pay monthly Basic Rental and Additional Rent) with respect to that portion of the second floor space to which Landlord is unable, as of the commencement date of the Extended Term, provided the to deliver possession to Tenant has given the free and clear of all tenancies, leases and occupants, shall not commence until Landlord is able to deliver possession of such applicable second floor space to Tenant free and clear of all tenancies, leases and occupants. (b) Tenant shall give Landlord written notice of its exercise of the option to extend at least twelve the Lease Term as to the entire Building for the Extended Term no earlier than nine (129) months prior nor later than six (6) months before the date the Lease Term would end but for said exercise. Time is of the essence. In the event Tenant exercises the option to extend the Lease Term pursuant to this Article 34.1, such exercise shall be applicable to the expiration entire Building only (subject to the provisions of Article 34.1(a) above). (c) Tenant may not extend the Lease Term pursuant to this Article 34.1 if Tenant is in default in the performance of any of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same material terms and conditions contained of this Lease at the time of Tenant's notice of exercise of this option, or if Tenant shall have assigned or otherwise transferred its interest in this Lease except extension options and/or the Premises, or any portion thereof, to any person or entity other than to an Affiliate of Netgear or pursuant to Article 15(g) above, whether or not Landlord's consent to such assignment or transfer has been given (unless Landlord has waived such restriction in any written consent to such assignment or subletting, which waiver may be withheld in Landlord's sole and absolute discretion). If Tenant is in default under this Lease on the Annual Base Rent date that the Extended Term is to be paid during commence, then Landlord may elect to terminate this Lease notwithstanding any notice given by Tenant of the First Extension Termexercise of its option to extend. (bd) Provided All terms and conditions of this Lease shall apply during the Extended Term, except that (i) the monthly Basic Rental for the Extended Term shall be determined in accordance with Article 34.2 below (and there shall be no abatement of monthly Basic Rental during the Extended Term unless the parties otherwise agree pursuant to the terms of Article 34.2(a) below or any abatement of monthly Basic Rental is determined to be part of the fair market rental value of the Premises pursuant to the terms of Article 34.2(b) below); provided, however, that the Tenant is not then monthly Basic Rental for the Extended Term shall in default no event be lower than the monthly Basic Rental (on a per square foot basis) payable during the initial three-year Lease Term (without regard to any abatement of its obligations under this monthly Basic Rental during such initial Lease beyond any applicable cure or grace periodTerm), (ii) there shall be no further rights to extend the Lease Term, and (iii) Landlord shall at have no obligation to construct any improvements on, in or around the expiration of Premises or in the First Extension Term, provided the Building or to provide any tenant improvement allowance. (e) Once Tenant has given the Landlord delivers notice of its exercise of the option to extend at least twelve (12) months prior the Lease Term, Tenant may not withdraw such exercise and, subject to the expiration provisions of this Article 34.1, such notice shall operate to extend the Lease Term. Upon the extension of the First Extension Lease Term pursuant to this Article 34.1, the term "Lease Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained " as used in this Lease except extension options shall thereafter include that Extended Term and the Annual Base Rent to be paid during Expiration Date of the Second Extension Term. (c) The Annual Base Rent during any Extension Term Lease shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount expiration date of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Extended Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Standard Office Lease (Netgear Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve the term of all the provisions contained in this Lease for two (122) months prior to the expiration of the Term, extend the Term for a further term additional periods of five (5) years (the each an First Extension Extended Term”). The first Extended Term shall commence following expiration of the initial term and the second Extended Term shall commence following expiration of the first Extended Term. Tenant shall exercise each Extended Term by giving notice of exercise of the applicable option (“Option Notice”) from to Landlord at least 180 days before the expiration of the initial term or first Extended Term, as applicable; provided that, if Tenant is in default beyond any applicable notice and cure period on the date of giving the Option Notice, the Option Notice shall be totally ineffective, or if Tenant is in default beyond any applicable notice and cure period on the date the Extended Term is to commence, the Extended Term shall not commence and this Lease shall expire at the end of the initial term or the first Renewal Term, as applicable. Notwithstanding anything contained herein to the contrary, if Tenant shall fail to give written notice within the aforesaid time limit, Tenant’s right to exercise each option shall nevertheless continue until thirty (30) days after Landlord shall have given Tenant notice of Landlord’s election to terminate such option, and Tenant may exercise such option at any time until the expiration of said thirty (30) day period. It is the intention of the parties to avoid forfeiture of Tenant’s rights to extend the Term under the options set forth in this Section through inadvertent failure to give notice of exercise thereof within the time limits prescribed. Accordingly, if Tenant shall fail to give notice to Landlord of Tenant’s election to extend the Term for the Extended Term, and if Landlord shall fail to give notice to Tenant of Landlord’s election to terminate Tenant’s right to extend this Lease for the Extended Term, then the Term shall be automatically extended from month to month upon all of the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations effect, subject to Tenant’s right under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the such option to extend at least twelve (12) months prior to the expiration Term for the remainder of the First Extension Term, extend Extended Term and to Landlord’s right to place the First Extension Term for thirty (30) day limit on such option by a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided notice in the manner set out provided in Section 3.3this Section. Until the Annual Base Rent has been determined, the Tenant shall pay have no other right to extend the monthly Rent requested by term beyond the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Ratesecond Extended Term.

Appears in 1 contract

Samples: Commercial Lease (Birks & Mayors Inc.)

Option to Extend. Lessee shall have one option (a"Extension Option") Provided to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that the Tenant Lessee is not then in default of its obligations under this Lease beyond any applicable cure or grace periodupon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, the Landlord shall at the expiration of the Termdelivered by Lessee to Lessor, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) not later than 6 months prior to the expiration end of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual . The Base Rent to be paid during for the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Option Term shall be the Current Market greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises. If , presuming all terms and conditions of this Lease, such FRV being determined commencing at the Landlord and the Tenant have not mutually agreed on the amount beginning of the Annual Base Rent at least three month which is two (32) months prior to the commencement of such Extension the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then Annual Base Rent within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be decided the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the manner set out in Section 3.3FRV. Until If the Annual Base Rent two appraisers are unable to agree within fifteen (15) days after the second appraiser has been determinedappointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the Tenant FRV shall pay be the monthly Rent requested by two closest appraisals (unless the Landlord andappraisals are equidistant, upon the determination of the Annual Base Rentin which case, the Landlord and middle appraisal shall be the Tenant shall make the appropriate adjustments together with interest at the Prime RateFRV).

Appears in 1 contract

Samples: Lease Agreement (Ansys Diagnostics Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this the Lease beyond as amended hereby (after any applicable notice and lapse of applicable cure or grace period, the Landlord shall at the expiration periods) as of the date of exercise or the end of the New Premises Term, provided Tenant shall have one (1) option to renew the Lease as amended hereby (“Renewal Option”) for the entire Premises then leased by Tenant has given the for one (1) period of three (3) years (“Renewal Term”), exercisable by giving written notice thereof (“Renewal Notice”) to Landlord notice of its exercise of the option to extend at least Renewal Option no later than twelve (12) months prior to the expiration of the Term, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension New Premises Term. (b) Provided that The Base Rent payable for the Tenant is not then Premises during the Renewal Term shall be adjusted to the Fair Market Rental Rate (as defined in default Section 8(f) below) as of its obligations under this Lease beyond any applicable cure or grace period, the commencement of the Renewal Term (“Renewal Term Commencement Date”). Landlord shall at the expiration give Tenant written notice of Landlord’s determination of the First Extension Term, provided Fair Market Rental Rate for the Tenant has given the Landlord notice of its exercise Renewal Term (“Landlord’s Statement”) within thirty (30) days after Landlord’s receipt of the option Renewal Notice (but Landlord shall not be obligated to extend at least do so earlier than twelve (12) months prior to expiration of the New Premises Term). Within fifteen (15) days after Tenant’s receipt of Landlord’s Statement (“Tenant’s Review Period”), Tenant shall give Landlord written notice of its election to either (a) accept the Fair Market Rental Rate set forth in Landlord’s Statement or (b) reject Landlord’s Statement and request that the Fair Market Rental Rate be determined by arbitration pursuant to Section 8(c); provided, however, that prior to submitting the matter to arbitration as herein provided, the parties shall first attempt in good faith to resolve their differences in the determination of the Fair Market Rental Rate for a period of thirty (30) days following Landlord’s receipt of Tenant’s notice of its rejection of Landlord’s statement. If Tenant fails to give Landlord notice of its acceptance or rejection of Landlord’s Statement by the expiration of the First Extension TermTenant’s Review LEGAL\45488233\8 Period, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration then such failure shall be deemed to be Tenant’s acceptance of the Term, upon the same terms and conditions contained Fair Market Rental Rate set forth in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension TermLandlord’s Statement. (c) The Annual Base Rent during any Extension Term If Tenant gives Landlord notice that it elects arbitration pursuant to Section 8(b), and the parties have failed to resolve their differences within the required thirty (30) days thereafter, then, in order to determine the Fair Market Rental Rate, on the day that is the thirty-fifth (35th) day after Landlord’s receipt of Tenant’s written notice of election to arbitrate, Landlord and Tenant shall be each simultaneously submit to the Current other in writing its good faith estimate of the Fair Market Rent for the PremisesRental Rate (“Good Faith Estimates”). If the higher of the Good Faith Estimates is not more than one hundred and five percent (105%) of the lower of the Good Faith Estimates, the Fair Market Rental Rate in question shall be deemed to be the average of the submitted rates. If otherwise, then the rate shall be set by arbitration to be held in Santa Monica, California in accordance with the Real Estate Valuation Arbitration Rules of the American Arbitration Association, except that the arbitration shall be conducted by a single arbitrator selected as follows. Within five (5) business days after the simultaneous submittal by Landlord and Tenant of their respective Good Faith Estimates, each shall designate a recognized and independent real estate broker who shall have at least ten (10) years’ experience in the Tenant have not mutually agreed on leasing of properties similar to and in the amount vicinity of the Annual Base Rent Project. The two individuals so designated shall, within ten (10) business days after the last of them is designated, appoint a third independent broker possessing the aforesaid qualifications to be the single arbitrator, and if they are unable to do so, then the selection shall be made by an arbitrator selected at random by the American Arbitration Association under the Commercial Rules of Arbitration (which arbitrator shall be a real estate lawyer practicing in the greater Los Angeles area with at least three ten (310) months prior years of experience in the field of leasing). The third arbitrator so selected shall, alone, pick one of the two Good Faith Estimates, being the Good Faith Estimate that is closer to the commencement Fair Market Rental Rate as determined by the arbitrator using the definition set forth in Section 8(f). The parties agree to be bound by the decision of such Extension the arbitrator, which shall be final and non-appealable, and shall share equally the costs of arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (d) During the Renewal Term, then Annual Base Tenant shall continue to pay Additional Rent in accordance with the provisions of the Lease, as amended hereby. (e) The Renewal Option set forth in this Article 8 is personal to Entravision Communications Corporation (“Original Tenant”), and may not be assigned, transferred or conveyed to any party, except in connection with an assignment of the Lease in its entirety to an Affiliate pursuant to Section 14.7 of the Original Lease, and may be exercised only if Original Tenant or its Affiliate occupies the entire Premises, without sublease or assignment to any other party. (f) As used herein, the phrase “Fair Market Rental Rate” shall mean the fair market value rental rate that a comparable tenant would pay and a comparable landlord would accept in an arm’s length transaction, for delivery on or about the applicable delivery or effective date, for non-renewal, non-expansion space in the Project and in Comparable Buildings (as defined in Section 1.1.3 of the Original Lease) (“Comparable Transactions”), provided that any Comparable Transactions in the Project or in Phase II during the preceding 12 month period will be given the most weight in determining the Fair Market Rental Rate when comparing the rental LEGAL\45488233\8 rates accepted by owners of the Comparable Buildings. In any determination of Comparable Transactions, appropriate consideration shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determinedgiven to (i) rental rates per rentable square foot, the Tenant shall pay standard of measurement by which the monthly Rent requested by rentable square footage is measured, the Landlord andratio of rentable square feet to usable square feet, upon (ii) the determination type of escalation clauses (including without limitation, operating costs, real estate tax allowances or base year and rental adjustments), (iii) rental abatement or free rent concessions, if any, (iv) brokerage commissions, (v) the length of the Annual Base Rentterm, (vi) the size and location of the premises being leased, (vii) building standard work letters and/or tenant improvement allowances, if any, (viii) the date as of which the Fair Market Rental Rate is to become effective, and (ix) other generally applicable terms and conditions of tenancy for such Comparable Transactions. The intent is that Tenant will obtain the same rent and other economic benefits that Landlord would otherwise give in Comparable Transactions and that Landlord will make, and receive the Tenant shall make the appropriate adjustments together with interest at the Prime Ratesame economic payments and concessions that Landlord would otherwise make, and receive in Comparable Transactions.

Appears in 1 contract

Samples: Lease (Entravision Communications Corp)

Option to Extend. Lessee is hereby granted one (a1) Provided that option to extend the Tenant is not then in default term of its obligations under this Lease beyond any applicable cure or grace periodfor one (1), five (5) year period (the Landlord "Option Term"), such extension to be on the same terms and conditions as the initial term except for the Base Rent, which shall at be determined as provided below. It shall be a condition precedent to the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of the option that Lessee shall not be in default under this Lease at the time it exercises the option. If Lessee elects to extend exercise the option, Lessee shall exercise said option only by written notice, delivered to Lessor at least twelve one hundred eighty (12180) months days prior to the expiration of the Extended Term of this lease. There shall be no further options to extend the term of this Lease at the end of the Option Term. The monthly installment of rent payable during the Option Term shall be the Fair Market Rental for the Premises as of the first day of the First Option Term. Promptly following the exercise of the Option, the parties shall meet and endeavor to agree upon the Fair Market Rental for the Premises. The Premises shall be compared only to buildings in the Mountain View area of a similar quality and size. If, within thirty (30) days after the exercise of the Option, the parties cannot agree upon the Fair Market Rental for the Premises as of the first day of the Option Term, extend the Term parties shall submit the matter to binding appraisal in accordance with the following procedures: Within sixty (60) days after exercise of the Option, the parties shall either (1) jointly appoint an appraiser for this purpose or (b) failing this joint action, separately designate a further term of disinterested appraiser. No person shall be appointed or designated an appraiser unless they have at least five (5) years experience in appraising major commercial properties in Santa Xxxxx County and is a member of a recognized society of real estate appraisers. If, within thirty (30) days after their appointment, the “First Extension Term”) from the expiration two appraisers reach agreement of the TermFair Market Rental for the Premises as of the first day of the Option Term in question, that value shall be binding and conclusive upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premisesparties. If the Landlord two appraisers thus appointed cannot reach agreement on the question presented within thirty (30) days after their appointment then the appraisers thus appointed shall appoint a third disinterested appraiser having like qualifications. If within thirty (30) days after the appointment of the third appraiser, a majority of the appraisers agree on the Fair Market Rental of the Premises as of the first day of Option Term, that value shall be binding and conclusive upon the parties. If within thirty (30) days after the appointment of the third appraiser, a majority of the appraisers cannot reach agreement on the question presented, then the three appraisers shall each submit their independent appraisal to the parties, and the Tenant have not mutually agreed on appraisal farthest from the amount median of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent appraisals shall be decided in disregarded and the manner set out in Section 3.3average of the remaining two appraisals shall be deemed to be the Fair Market Rental for the Premises as of the first day of the Option Term and shall be binding and conclusive upon the parties. Until the Annual Base Rent has been determined, the Tenant Each party shall pay the monthly Rent requested fees and expenses of the appraiser appointed by it and shall share equally the fees and expense of the third appraiser. If the two appraisers appointed by the Landlord andparties cannot agree on the appointment of the third appraiser, they or either of them shall give notice of such failure to agree to the parties and if the parties fail to agree upon the selection of such third appraiser within ten (10) days after the appraisers appointed by the parties give such notice, then either of the parties, upon notice to the determination other party, may request such appointment by the American Arbitration Association, or on its failure, refusal or inability to act, may apply such appointment to the presiding judge of the Annual Base RentSuperior Court of the County of Santa Xxxxx County, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime RateState of California.

Appears in 1 contract

Samples: Standard Office Lease (Rambus Inc)

Option to Extend. (a) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, provided the Tenant has given the Landlord notice of its exercise of have the option to extend the Lease (the "Extension Option") term for one (1) additional period of two (2) years (the "Extension Period") upon the terms and conditions set forth in this Lease, except that the Base Rent and other charges during such Extension Period shall be equal to the Fair Market Rent. For the purposes of this Lease, "Fair Market Rent" shall mean the rental and all other monetary payments that Landlord could obtain from a third party desiring to lease the Premises as of the first day of the Extension Period, taking into account all relevant factors. Such Fair Market Rent may include annual adjustments and in no event shall the Fair Market Rent be less than the Base Rent and charges payable for the final year of the Lease Term. Tenant shall exercise the Extension Option, if at least twelve all, by giving written notice to Landlord no later than nine (129) months prior to the expiration first day of the Term, extend the Term for a further term of five purported Extension Period (5) years (the “First Extension Term”) from the expiration time being of the Term, upon the same terms essence) and conditions contained in this Lease except extension options and the Annual Base Rent to such exercise shall be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the irrevocable. Landlord shall at the expiration of the First Extension Term, provided the initially designate Fair Market Rent by written notice to Tenant has given the Landlord notice of its exercise of the option to extend at least twelve thirty (1230) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months days prior to the commencement of the Extension Period (the "Designation"). If Tenant disagrees with the Designation, Tenant shall proceed with the Extension Option but advise Landlord in writing of its disagreement with Landlord's Designation within ten (10) days. If Tenant does not unequivocally advise Landlord of its disagreement with Landlord's Designation within said ten (10) day period, Tenant shall conclusively be deemed to have agreed to the Designation. If the parties shall not have agreed in writing (or to be deemed to have agreed pursuant to the immediately preceding sentence) as to the Fair Market Rent, within twenty (20) days after Landlord's receipt of Tenant's notice of disagreement with the Designation, each party shall, within thirty (30) days thereafter appoint an appraiser who shall be instructed to determine independently the Fair Market Rent. If the difference between the amounts so determined by such Extension Termappraisers shall not exceed ten percent (10%) of the lesser of such amounts, then Annual Base the Fair Market Rent shall be decided an amount equal to fifty percent (50%) of the total of the amounts so determined. If the difference between the amounts so determined shall exceed ten percent (10%) of the lesser of such amounts, then such two (2) appraisers shall have ten (10) days thereafter to appoint a third appraiser, but if such appraisers fail to do so within such ten (10) day period, then either Landlord or Tenant may request the Greater Boston Real Estate Board or any successor organization thereto to appoint an appraiser within ten (10) days of such request, and both Landlord and Tenant shall be bound by any appointment so made within such ten (10) day period. If no such appraiser shall have been appointed within such ten (10) days either Landlord or Tenant may apply to any court having jurisdiction to have such appointment made by such court. Any appraiser appointed by the original appraisers, by the Greater Boston Real Estate Board or by such court shall be instructed to determine the Fair Market Rent in accordance with the manner set out in Section 3.3definition of such term contained herein and within twenty (20) days after its appointment. Until If the Annual Base Rent has been determinedthird appraisal shall exceed the higher of the first two appraisals, the Fair Market Rent shall be the higher of the first two appraisals; if the third appraisal is less than the lower of the first two appraisals, the Fair Market Rent shall be the lower of the first two appraisals. In all other cases, the Fair Market Rent shall be equal to the third appraisal. All such determinations of the Fair Market Rent shall be final and binding upon Landlord and Tenant as the Fair Market Rent as of the first day of the Extension Option. Notwithstanding the foregoing, if either party shall fail to appoint its appraiser within the 30 day period specified above (such party being referred to herein as the "failing party"), the other party may serve notice on the failing party requiring the failing party to appoint its appraiser within ten (10) days of the giving of such notice. If the failing party shall not respond by appointment of its appraiser within said ten day period, then the appraiser appointed by the other party shall be the sole appraiser whose determination of the Fair Market Rent shall be binding and conclusive upon Tenant and Landlord. This provision for determination by appraisal shall be specifically enforceable to the extent such remedy is available under applicable law, and any determination hereunder shall be final and binding upon the parties except as otherwise provided by applicable law. Each party shall pay for the monthly Rent requested fees and expenses of the appraiser appointed by it, but the fees and expenses of the third appraiser shall be shared equally by the parties. All appraisers appointed hereunder shall be MAI appraisers, so- called. In the event that a determination of Fair Market Rent is not completed prior to the beginning of the Extension Period, then, if Landlord andshall have made a Designation of Fair Market Rent, upon such Designation (notwithstanding Tenant's disagreement therewith) shall be deemed the Fair Market Rent until the Fair Market Rent is otherwise determined pursuant to applicable provisions hereof. On determination of the Fair Market Rent, if such determination would be the basis on which Basic Annual Rent is to be paid, retroactive adjustment shall be made in order to give it effect to the determination of the Annual Base Fair Market Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Lease Agreement (Noosh Inc)

Option to Extend. (a) Provided that the Tenant is not then given a one-time option to extend the initial term on all the provisions, covenants, rights and obligations contained in default of its obligations under this Lease, except with respect to Basic rent payable, for one (1) five (5)-year period beginning immediately following the initial Lease beyond any applicable cure or grace periodterm, the Landlord shall at the expiration by giving written notice of the Term, provided the Tenant has given the Landlord notice of its exercise of the option (the "Option Notice") to extend at least twelve Landlord not less than one (121) months year prior to the expiration of the Termoriginal Lease term. A. If Tenant is in default on the date of giving the Option Notice, extend and Tenant does not cure such default as provided for in Paragraph 22 of the Lease, the Option Notice shall be void and of no effect. If Tenant is in default on the date the Option Term is to commence, and Tenant does not cure such default as provided for a further in Paragraph 22 of the Lease, then, at the sole election of Landlord, such term shall not commence and this Lease shall expire at the end of the initial term. B. The Basic rent payable during the Option term shall be equal to the then prevailing fair market rental value of the Premises as determined with reference to comparable buildings in the area, as Landlord and Tenant may agree, in no event, however, shall basic rent payable during the option term be less than the last month's basic rent for the initial term of five (5) years (the “First Extension Term”) from the expiration lease. C. Following Landlord's receipt of the TermOption Notice, upon Landlord and Tenant shall in good faith proceed to determine the same terms appropriate Basic Rent rate applicable, as outlined in Paraxxxxx 00X. Xx Landlord and conditions contained in this Lease except extension options Tenant do not agree on the fair market rental value within a 60-day period, then the fair market value shall be determined by a local, licensed commercial real estate agent or appraiser acceptable to both Landlord and the Annual Base Rent to be paid during the First Extension TermTenant within an additional 30 day period. (b) Provided that D. If the Tenant is not then parties hereto fail to agree on a fair market rate, as specified in default of its obligations under this Lease beyond any applicable cure or grace Paragraph 46C above, then, within an additional 10 day period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Term. (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon each select an additional licensed commercial real estate agent or appraiser and the determination of the Annual Base Rentthree together, the made within 30 days of their selection, shall be binding upon both Landlord and Tenant as to the Tenant shall make the appropriate adjustments together with interest at the Prime Ratefair market rate.

Appears in 1 contract

Samples: Lease Agreement (Broadbase Software Inc)

Option to Extend. (a) Provided that that, at the Tenant is not then in default time of its obligations under this Lease beyond any applicable cure exercise or grace period, the Landlord shall at the expiration of the Lease Term or, if applicable, the preceding extension of the Lease Term, provided the Tenant no Event of Default has given the Landlord notice occurred and is continuing under this Lease and no default in payment of its exercise of rent, insurance or taxes is continuing under this Lease, Lessee shall have the option to extend at least twelve (12) months prior continue this Lease in effect for up to four additional successive periods of five years each in accordance with the expiration terms and provisions of this Lease then in effect, except that the Base Annual Rental during each extension period shall be an amount equal to 95% of the Termannual fair market rental value of the Properties during such extension period (to be determined as set forth below). Lessee shall exercise the first extension option by giving notice to Lessor of Lessee's intention to do so not later than January 31, extend 2019. If the Term for a further term first extension option is exercised by Lessee, Lessee shall exercise the second extension option by giving notice to Lessor of five (5) years Lessee's intention to do so not later than October 31, 2024. If the first two extension options are exercised, Lessee shall exercise the third extension option by giving notice to Lessor of Lessee's intention to do so not later than October 31, 2029. If the first three extension options are exercised, Lessee shall exercise the fourth extension option by giving notice to Lessor of Lessee's intention to do so not later than October 31, 2034. Lessor shall cause an appraisal of the fair market rental value of the Properties to be made by an independent MAI appraiser (the “First Extension Term”"Lessor Appraisal") from the expiration within 60 days after Lessor is notified of the Termexercise of such option. Lessee shall have 20 days from its receipt of the Lessor Appraisal to either accept or reject such appraisal, upon provided that, Lessee's failure to reject the same terms and conditions contained Lessor Appraisal within such 20 day period shall be deemed to be an acceptance thereof. If Lessee shall accept or be deemed to have accepted the Lessor Appraisal, the fair market rental value shall be the amount set forth in this Lease except extension options the Lessor Appraisal. If Lessee shall reject the Lessor Appraisal within such 20 day period, then Lessee shall within 60 days after such rejection cause an appraisal of the fair market rental value of the Properties to be made by an independent MAI appraiser selected by Lessee (the "Lessee Appraisal"). Lessor shall have 20 days from its receipt of the Lessee Appraisal to either accept or reject such appraisal, provided that, Lessor's failure to reject the Lessee Appraisal within such 20 day period shall be deemed to be an acceptance thereof. If Lessor shall accept or be deemed to have accepted the Lessee Appraisal, the fair market rental value shall be the amount set forth in the Lessee Appraisal. If Lessor shall reject the Lessee Appraisal within such 20 day period, then the appraisers who conducted the Lessor Appraisal and the Annual Base Rent Lessee Appraisal shall be directed to be paid during jointly select, within 20 days thereafter, a third independent MAI appraiser who shall, within 30 days after selection, select either the First Extension Term. (b) Provided that Lessor Appraisal or the Tenant is not then in default Lessee Appraisal as the fair market rental value of its obligations under this Lease beyond any applicable cure or grace the Properties. If the two appraisers are unable to agree on the third appraiser within such 20 day period, the Landlord third appraiser shall at be selected by the expiration American Arbitration Association. Lessee shall be obligated to pay the costs of all three appraisers and the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve American Arbitration Association (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the Second Extension Termextent applicable). (c) The Annual Base Rent during any Extension Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rate.

Appears in 1 contract

Samples: Master Lease (Chart House Enterprises Inc)

Option to Extend. (a) Provided Subject to and upon the terms and conditions set forth below, Tenant will have one option to extend the term of this Lease for one additional successive period of five years (the "Renewal Term"). (b) Tenant's option to extend the Term must be exercised by written notice given to Landlord (the "Renewal Notice") no less than 365 days prior to the end of the Initial Term. (c) Tenant shall not be permitted to extend the Term of this Lease if there exists any uncured Event of Default by Tenant as of the date of the Renewal Notice. (d) The Renewal Term will be on the same terms and conditions as this Lease except for the amount of monthly Base Rent. During the Renewal Term, Tenant shall pay as monthly Base Rent an amount equal to the greater of (a) the Base Rent and Additional Rent payable by Tenant immediately prior to the commencement of the Renewal Term or (b) Market Rent for the Premises for the Renewal Term. Market Rent during the Renewal Term shall be equal to rents typically payable for the five year Renewal Term for comparable space by tenants of buildings of comparable quality in the vicinity of the Premises, taking into account the base year for the Renewal Term as described in Section 4.3(f) below. Landlord and Tenant agree that the once Tenant is not then in default of has timely delivered its Renewal Notice, both parties will be responsible for their respective rights and obligations under this Lease beyond any applicable cure or grace periodfor the Renewal Term, the Landlord shall at the expiration regardless of the outcome of the Base Rent determination. The word "Term" shall be used throughout this Lease to include both the Initial Term and the Renewal Term, provided if applicable. (e) The Market Rent for the Renewal Term will be determined as follows: (i) If Tenant has given the Landlord notice of properly exercises its exercise of the option to extend the Term for the Renewal Term, Landlord and Tenant shall attempt to agree as to the Market Rent at least twelve (12) months 270 days prior to the expiration of the Initial Term. If Landlord and Tenant do not agree as to the Market Rent by such date, extend the Term for a further term of five (5) years (the “First Extension Term”) from the expiration of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension Term. (b) Provided that the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given the Landlord notice of its exercise of the option to extend at least twelve (12) months no later than 210 days prior to the expiration of the First Extension Initial Term, extend each shall designate a real estate broker having at least ten (10) years' experience in leasing space comparable to the First Extension Term for a further term of Premises in the Portland metropolitan area or an MAI-certified appraiser having at least five (5) years (years' experience in the “Second Extension Term”) from appraisal of lease rates of office space in the Portland metropolitan area. The two representatives so appointed shall determine the Market Rent for the Premises for the Renewal Term and each shall submit a copy of his or her determination of such Market Rent, along with supporting documentation, to Landlord and Tenant in writing, not less than 150 days prior to the expiration of the Initial Term. In the event a party fails to designate a representative at least 210 days prior to the expiration of the Initial Term, the determination of Market Rent by the representative designated by the other party shall be binding upon the same terms and conditions contained in parties for purposes of this Lease except extension options and Section 4.3(e). In the Annual Base event a representative fails to submit the required written determination of Market Rent at least 150 days prior to the expiration of the Initial Term, the determination of the Market Rent by the other representative shall be paid during binding upon the Second Extension Termparties for the purposes of this Section 4.3(e). (cii) The Annual Base If the determination of the Market Rent during any Extension Term given by the two representatives so appointed shall differ by less than ten percent (10%) of the greater of such two representatives' determinations, then the Market Rent shall be deemed to be the average of such two Market Rent determinations. In the event such determinations differ by ten percent (10%) or more of the greater of such two representatives' determinations, then Landlord and Tenant shall attempt to agree on the Market Rent. If the parties are unable to reach agreement at least 90 days before the expiration of the Initial Term, the two representatives originally designated shall designate a third representative, who shall meet the qualifications set forth in Section 4.3(e)(i) and who shall be the Current arbitrator. If the two representatives are unable to agree on an arbitrator, then either of the parties to this Lease, after giving not less than five days' prior notice to the other party, may apply to the presiding judge of the Multnomah County Circuit Court for the selection, as soon as is reasonably practicable, of an arbitrator who meets the foregoing qualifications. (iii) The arbitrator shall, by not later than 30 days prior to the expiration of the Initial Term, select the more reasonable of the two Market Rent determinations submitted by the first two representatives. The determination of Market Rent set forth in the written submission selected by the arbitrator shall be binding upon the parties for purposes of this Section 4.3(e). (iv) Landlord and Tenant shall each pay all costs of the representative selected by it pursuant to Section 4.3(e)(i). Landlord and Tenant shall share equally the cost of any arbitrator designated pursuant to Section 4.3(e)(ii). (v) In the event the Market Rent for the Premises. If Renewal Term has not been determined by the Landlord and arbitrator pursuant to the Tenant have not mutually agreed on the amount above procedure as of the Annual Base Rent at least three (3) months prior to the commencement of such Extension the Renewal Term, then Annual Tenant shall continue to pay monthly installments of Base Rent shall be decided based upon the Base Rent in effect as of the manner set out in Section 3.3. Until expiration of the Annual Base Initial Term and, within ten (10) days after the Market Rent has been determineddetermined by the arbitrator, the Tenant shall pay to Landlord the monthly difference between (A) the total amount that should have been paid by Tenant as Base Rent requested by with respect to the Landlord and, upon period from the determination commencement of the Annual Base RentRenewal Term to the date of Tenant's payment (based on the arbitrator's determination), and (B) the total amount actually paid by Tenant with respect to such period. (f) If Tenant extends the Term of this Lease as set forth above, the Landlord and "Base Year" for determining Tenant's obligation for the Tenant shall make Operating Expense Increase will be adjusted to the appropriate adjustments together with interest at last full calendar year of the Prime RateInitial Term.

Appears in 1 contract

Samples: Lease Agreement (Schnitzer Steel Industries Inc)

Option to Extend. (a) Provided Lessee shall have one (1) option (the "Option") to extend the Original Term of this Lease for a period of sixty (60) months (the "Option Term"). The Option to extend the Original Term of this Lease may be exercised only in the event that the Tenant Lessee is not then in material default under this Lease. Notwithstanding the foregoing, if Lessee is in default of its obligations under this Lease beyond during the period Lessee is otherwise entitled to exercise the Option, then Lessee may still exercise the option provided that Lessee cures such default within the cure period provided under this Lease, if any. If Lessee fails to cure any applicable such default within the cure or grace periodperiod provided under this Lease, the Landlord shall at the expiration of the Termif any, provided the Tenant has given the Landlord notice of its then Lessee's exercise of the option Option shall automatically be deemed revoked. The period of time for Lessee to extend at least twelve exercise the Option shall not be extended as a result of Lessee being in default during such exercise period. The Option must be exercised by notice in writing of such exercise (12the 'Option Notice"), delivered by Lessee to Lessor not earlier than fifteen (15) months and not later than nine (9) months prior to the expiration end of the Original Term, extend . Lessee's failure to deliver the Term for a further term of five (5) years (Option Notice within the “First Extension Term”) from the expiration time-period set forth above shall be deemed to constitute Lessee's waiver of the Term, upon the same terms and conditions contained in this Lease except extension options and the Annual Base Rent to be paid during the First Extension TermOption. (b) Provided that The monthly Base Rent payable by Lessee during the Tenant is Option Term shall be equal to ninety-five percent (95%) of the "market rate" prevailing for comparable space in the immediate vicinity of the Building including the Project, at the time of the commencement of the Option Term. For purposes hereof, the "market rate" prevailing for comparable space shall mean and refer to the rate then being charged or projected to be charged to tenants for non-renewal and non-expansion space, similarly improved, taking into consideration annual rental rates per rentable square foot, the type of escalation clauses, (including, but not without limitation, fixed and CPI adjustments), the length of the relevant term, the extent of services to be provided to the premises and any other relevant conditions. Without limiting the generality of the foregoing, in the event the market rate provides for rental increases, then the monthly Base Rate payable during the Option Term shall be Similarly increased. Notwithstanding the foregoing, in default no event shall the monthly Base Rent payable during the Option Term be less than the monthly Base Rent payable during the last month of its obligations under the Original Term. The parties shall have thirty (30) days after Lessor receives the option Notice in which to agree on the monthly Base Rent payable during the Option Term. If the parties agree on such monthly Base Rent, they shall immediately execute an amendment to this Lease beyond any applicable cure or grace stating the new monthly Base Rent. If the parties are unable to agree on the monthly Base Rent within the above-stated period, the Landlord shall at then no later than ten (10) business days after the expiration of such thirty (30) day period, Lessee shall have the First Extension Term, provided the Tenant has given the Landlord notice of right to rescind its exercise of the Option by delivering written notice of such rescission to Lessor within such ten (10) business day period. Lessee's failure to deliver such notice of rescission within the time period set forth above shall be deemed to constitute Lessee's waiver of such right. If the parties are unable to agree on the monthly Base Rent within the above-stated period and Lessee waives or is deemed to have waived its right to rescind its exercise of the Option, then either party shall have the option to extend submit the issue to arbitration by delivering written notice to the other party. Within twenty (20) days after such notice is delivered by either party to the other party, each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (years' full time commercial appraisal experience in the “Second Extension Term”) from the expiration vicinity of the Project to appraise and set the monthly Base Rent for the Option Term. If a party does not appoint an appraiser within the time allotted, upon the same terms single appraiser appointed shall be the sole appraiser and conditions contained shall set the monthly Base Rent for the Option Term. If two appraisers are appointed by the parties as stated in this Lease except extension options paragraph, they shall meet and promptly attempt to set the Annual monthly Base Rent for the Option Term. If the two appraisers are unable to be paid during agree within thirty (30) days after the Second Extension Term. second appraiser has been appointed, the two appraisers shall, within ten (c10) The Annual days, elect a third appraiser meeting the qualification set forth herein. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and paying the third appraiser's fee. Within thirty (30) days after the selection of the third appraiser, the monthly Base Rent during any Extension for the Option Term shall be the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount determined by a majority of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateappraisers.

Appears in 1 contract

Samples: Lease Agreement (Phoenix International Life Sciences Inc)

Option to Extend. (a) Provided that Tenant itself bona fide physically occupies, uses and carries on business in the entire Premises and further provided Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the Term, and further provided the Lease remains in full force and effect, Tenant has given shall have the Landlord notice of its exercise of the option right to extend at least twelve (12) months prior to the expiration of the Term, extend the Term for a further term of the Lease by an additional period of five (5) years (the “First Extension Term”) from commencing on the expiration day immediately following the expiry of the Term, upon under the same terms and conditions contained as were applicable during the Term, save and except that: (a) the Premises shall be accepted “as is” in this Lease except extension options their state and condition existing immediately prior to the commencement date of the Extension Term. All improvements in and to the Premises shall be the responsibility of Tenant and shall be performed by Tenant, at Tenant’s expense, the whole in accordance with Building standards and the Annual Base Rent to be paid during relevant provisions of Section XIII of the First Extension Term.Lease; (b) Provided that for the Tenant is not then in default of its obligations under this Lease beyond any applicable cure or grace period, the Landlord shall at the expiration of the First Extension Term, provided the Tenant has given annual rent to apply shall be the Landlord notice then prevailing market rental rate per square foot of its exercise rentable area per annum for lease renewals (and not sublease renewals) of comparable office space in the Building and in buildings comparable as to age, quality of construction and tenancy in the vicinity of the Building, but in no event shall be less than the annual rent paid by Tenant during the last year of the Term; and (c) there shall be no further options to extend the Term and this option to extend at least will not be renewed or apply again. In order to validly exercise this option to extend, Tenant must advise Landlord thereof in writing no more than eighteen (18) months and no less than twelve (12) months prior to the expiration of the First Extension Term, extend the First Extension Term for a further term of five (5) years (the “Second Extension Term”) from the expiration expiry of the Term. In the event Tenant exercises this option in the aforesaid manner and within the aforesaid delay, the parties shall have a delay of thirty (30) days to negotiate and execute an agreement upon the same terms annual rent to apply for the Extension Term. In the event Tenant fails to exercise this option in the aforesaid manner and conditions contained within the aforesaid delay, or in the event that after Tenant has validly exercised this Lease except extension options option, the parties fail for any reason whatsoever to execute an agreement within the thirty (30) day delay, this option shall be irrevocably deemed to be null and void and of no further effect and the Annual Base Rent to be paid during Lease shall expire at the Second Extension end of the Term. SCHEDULE “C” RULES AND REGULATIONS 1. Landlord will have the care of the heating and air-conditioning apparatus and may provide information for the regulation of same. (c) The Annual Base Rent during 2. Tenant shall not permit the introduction of any Extension Term shall machine or electrical or mechanical device of a nature to occasion objectionable noise or vibration or be injurious to the Current Market Rent for the Premises. If the Landlord and the Tenant have not mutually agreed on the amount Premises or Building or to any of the Annual Base Rent at least three (3) months prior to the commencement of such Extension Term, then Annual Base Rent shall be decided in the manner set out in Section 3.3. Until the Annual Base Rent has been determined, the Tenant shall pay the monthly Rent requested by the Landlord and, upon the determination of the Annual Base Rent, the Landlord and the Tenant shall make the appropriate adjustments together with interest at the Prime Rateoccupants thereof.

Appears in 1 contract

Samples: Lease Agreement

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