OPTION TO RENEW. 2.5.1. Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) to renew this Lease for a term of ten (10) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options. 2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.
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Samples: Ground Sublease (KAR Holdings, Inc.), Ground Lease (KAR Holdings, Inc.), Ground Lease (KAR Holdings, Inc.)
OPTION TO RENEW. 2.5.1. Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) to renew 1.01 So long as this Lease for is in full force and effect and Tenant is not in default under any of the Lease provisions, and no condition exists which with notice or passage of time would constitute a term of ten (10) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in default by Tenant under this Lease, except that initial Base Rent during Landlord grants to Tenant an option to renew the first twenty-four Lease (24"Option to Renew") months for one Option Period of any Renewal Term five (“Initial Renewal Rent”5) shall be equal years each, subject to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, the following provisions.
(a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver provide written notice to Landlord of Tenant’s election 's intent to exercise a Renewal Option (“Renewal Notice”) renew the Lease not less than nine twelve (912) months, nor months and not more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Lease Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” (b) The Option to Renew shall be determined by void if at any time during the last twenty four (24) months of the then current Lease Term (including, but not limited to, the period of time between the date of the exercise of the Option and the date upon which the current Lease Term would normally expire) the Landlord, in order to enforce its solerights under the Lease has in good faith and with reasonable basis under this Lease and applicable law (i) brought an action to collect Rent from Tenant, but good faith, discretion based upon or (aii) the annual base rental rates then being charged in the industrial market sector brought an action to recover possession of the geographic area where Premises from Tenant; or (iii) brought an action to dispossess Tenant.
(c) All other terms and conditions of the Premises is situated for land only, without taking into account Lease shall remain unchanged with the value of any improvements thereon, which comparison land is utilized in a manner comparable exceptions that (i) there shall be no further option to renew; and ii) there shall be no Tenant's Initial Improvements or other matters specific to the then-applicable utilization initial leasing of the Premises, and (biii) for a lease term commencing on or about Fixed Minimum Rent shall subject to increase during the commencement date first year and each subsequent year of the applicable Renewal Term and equal in duration to Option Period at the applicable Renewal Term, and rate of four (c4%) taking into consideration: percent per annum over the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Fixed Minimum Rent in effect during at the one (1) year period immediately preceding the expiration date end of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticepreceding lease year.
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OPTION TO RENEW. 2.5.1. If, and only if, Tenant shall have fully done, performed --------------- and observed all of the terms, covenants and conditions required hereunder to be done, performed or observed by it, then Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) right to renew this Lease lease for a renewal term of ten one (101) years each year. If, after having renewed the lease for the first renewal term Tenant has continued to observe and perform all of its obligations under this lease, Tenant shall have the right to renew this lease for a second renewal term of one (each1) year. If, after having renewed the lease for the second renewal term Tenant has continued to observe and perform all of its obligations under this lease, Tenant shall have the right to renew this lease for a “Renewal Term”), on third renewal term of one (1) year. All renewal terms shall be upon all of the same terms terms, covenants and conditions as the initial term of this lease, except that the rent shall be as hereinafter provided. Such options to renew shall be exercised by notice in writing to Landlord on or before one hundred five (105) days prior to the expiration of the original or then renewal term, as the case may be. The base rent for the first renewal term shall be One Hundred Seventy Thousand Dollars ($170,000) payable in advance in monthly installments of Fourteen Thousand One Hundred Sixty-Six and 67/100 Dollars ($14,166.67) on the first day of each and every month during the first renewal term without demand, deduction or setoff. The base rent for the second renewal term shall be One Hundred Eighty Thousand Dollars ($180,000) payable in advance in monthly installments of Fifteen Thousand Dollars ($15,000) on the first day of each and every month during the second renewal term without demand, deduction or setoff. The base rent for the third renewal term shall be One Hundred Ninety Thousand Dollars ($190,000) payable in advance in monthly installments of Fifteen Thousand Eight Hundred Thirty-Three and 33/100 Dollars ($15,833.33) on the first day of each and every month during the third renewal term without demand, deduction or setoff. Except where the context otherwise requires or otherwise is indicated, the phrase "the term of this lease" whenever used in this lease shall be construed to include any renewal terms for which Tenant has exercised its option or options set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Optionssection.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.
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OPTION TO RENEW. 2.5.1. Provided that the Tenant shall have is not in breach and has punctually met and performed each and every one of the two (2) consecutive options (eachcovenants, a “Renewal Option” provisos and collectivelyagreements herein contained on the part of the Tenant to be performed, the “Renewal Options”) Landlord will, at the expiration of the Term and on the written request of the Tenant delivered or mailed to renew the Landlord not later than six months before the expiration of the Term, grant to the Tenant a renewal of this Lease of the Premises for a further term of ten (10) three years each (each, a “Renewal Term”), from the end of the Term on all the same terms and conditions set forth as in this Lease, except that initial as to Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basisany abatements of rent, be any greater than 105% of contributions by the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect Landlord to the adjustment cost of Base Rent during Leasehold Improvements, any other incentives provided by the initial TermLandlord, and this right of renewal. The Landlord and the Tenant shall deliver written notice will make all reasonable efforts to Landlord of Tenant’s election reach agreement as to exercise a Renewal Option (“Renewal Notice”) the annual rent for such three year period not less than nine (9) months, nor more than twenty-four (24) three months prior to the expiration date commencement of such three year period and not less than two months prior to the commencement of such three year period and failing such agreement such annual rent will be fixed under the provisions of the original Term Commercial Arbitration Act, R.S.B.C. 1996, c. 55, and will be the fair market rent for the Premises, having regard to the rent then currently being charged for premises of a like kind, of a like age and condition, and in comparable locations in the City of Vancouver. Such annual rent will in any event be not less than the annual rent fixed in respect of the previous period for which annual rent has been fixed under this Lease. WHEREFORE the parties to this lease have executed this lease as of the date first given above. XXXX Pharmaceuticals Corp. (“Tenant”) Per: Authorized Signatory Xxxx Enterprises Corp. (“Landlord”) Per: Authorized Signatory
1.1 SCHEDULE "B"
1. No animals will be allowed on the Premises at any time, and no birds or animals may be fed on the then-current Renewal TermProperty.
2. The Premises will not be used as overnight sleeping accommodation, nor for manufacturing, nor for auction sales. The address of the Premises will not be given in an advertisement for laborers without the Landlord’s approval.
3. Windows will not be left open so as applicable; to admit rain or snow. All doors and if windows will be securely closed and locked and all water faucets and electric lights (except display lighting) turned off before the Tenant fails to timely deliver a Renewal Notice to Landlord, then leaves the Premises.
4. The Tenant shall automatically not alter any existing locks nor attach any additional locks or similar devices to any door or window without the consent of the Landlord and the Landlord shall be deemed permitted to have irrevocably waived and relinquished retain one copy of all keys to the Renewal OptionsPremises.
2.5.25. For The Tenant shall not make any duplicate keys without the purposes consent of this Lease, “Fair Market Rent” the Landlord. All keys in respect of the Premises and the Building will be delivered to the Landlord immediately after the lease has terminated.
6. The Tenant shall provide adequate receptacles for garbage and waste within the Premises and all of the Tenant's garbage and waste will be determined by Landlord, placed in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged such containers.
7. The following conduct is prohibited in the industrial market sector Building and on the Property without the prior written consent of the geographic Landlord: canvassing, soliciting or peddling; installation of vending machines; obstruction of any sidewalk, entrance, elevator, stairway, corridor, hall, window, door or any other area where outside the Premises is situated except for land onlyaccess to the Premises.
8. The Tenant shall not bring on the Premises any heavy equipment, motors, explosives, or other articles or substances of a dangerous nature, or anything else which might damage the Building or anything on the Property, without taking into account the value consent of the Landlord. If it consents, the Landlord may prescribe the weight, time, and manner of the transportation or location of any improvements thereon, which comparison land is utilized heavy object brought into the Building or onto the Property.
9. Freight or bulky matter of any description shall only be received in or carried in the building during hours approved by the Landlord.
10. The Tenant shall employ efficient janitors or cleaners to wash and otherwise clean in a reasonable manner comparable to the then-applicable utilization Premises, including windows.
11. The Tenant shall keep properly painted the painted portions of the Premises, and will install in the Premises only such window shades, drapes and floor coverings, and to apply only such wall coverings and paints as are first approved in writing by the Landlord, such approval not to be unreasonably withheld, and to cause the same to be installed or applied by competent workmen.
12. The Tenant shall maintain any washrooms in the Premises in a clean and sanitary condition.
13. If the Premises are on the ground floor, the Tenant shall remove snow and ice from the Premises, Building, and Property attached thereto and deposit salt or a similar substance as may be reasonably required to make the Premises, Building, and Property safe.
14. Outside normal business hours, the Landlord may:
(ba require all persons entering and leaving the Building to register in any book(s) kept at or near the night entrance,
(b prevent any person who does not have a pass in a form approved by the Landlord from entering or leaving the Building, or
(c hold any person found in the Building without such pass under surveillance. The Landlord shall have no responsibility for a lease term commencing failure to enforce this rule.
15. The Tenant shall not affix any broadloom, carpeting or vinyl type flooring to the Premises by means of an insoluble adhesive or similar product except as approved by the Landlord.
16. Bicycles will not be brought inside or left outside the building on or about the commencement date Property, except secured to dedicated bicycle racks.
17. The Tenant shall be liable to the Landlord for all injuries, damages, costs and expenses caused by the infraction of any of the applicable Renewal Term foregoing rules and equal in duration to regulations by the applicable Renewal TermTenant or its employees, and (c) taking into consideration: the geographic locationagents, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term invitees or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticelicensee.
Appears in 1 contract
OPTION TO RENEW. 2.5.1. (a) Landlord hereby grants to Tenant shall have the option to extend (the "Option") the term of this Lease for two (2) consecutive options renewal terms (each a "Renewal Term") of five (5) years each, a “Renewal Option” and collectively, commencing on the “Renewal Options”first (1st) to renew this Lease for a term day following the expiration of ten (10) years each (each, a “the Term or the then current Renewal Term”), on all . During the Renewal Term the same terms and conditions as set forth in this LeaseLease shall remain in full force and effect, except that initial the Base Rent during shall be determined in accordance with Section 20.11(b).
(b) The Base Rent for the first twenty(1st) twelve (12) month period of the first (1st) Renewal Term shall equal ninety-four five percent (2495%) months of the Prevailing Rental Rate (as hereinafter defined). (Notwithstanding anything to the contrary, under no circumstances shall the Base Rent for the first year of any Renewal Term be less than one hundred and ten percent (“Initial Renewal Rent”110%) shall be equal to Fair Market of such amount of Base Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may for the Initial Renewal Rent, on a per annum basis, be any greater than 105% year preceding exercise of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (bOption.) as of the second On each anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Termthereafter, the Base Rent shall increase at the rate of three equal one hundred four percent (3.0104%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in of the same manner as applies with respect to the adjustment of Base Rent during for the initial Termprior twelve (12) month period. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option The Base Rent for the first (“Renewal Notice”1st) not less than nine twelve (912) months, nor more than twenty-four (24) months prior to the expiration date month period of the original second (2nd) Renewal Term or shall equal ninety-five percent (95%) of the then-current Renewal Termthen Prevailing Rental Rate (as hereinafter defined). On each anniversary thereafter, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant the Base Rent shall automatically be deemed to have irrevocably waived and relinquished equal one hundred four percent (104%) of the Renewal Options.
2.5.2Base Rent for the prior twelve (12) month period. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5section 20.11(b), the Prevailing Rental Rate shall the Fair Market Rent be less than mean an amount equal to the fair market rental rate of the Leased Premises based on Tenant's use of Leased Premises for the last year of the then current term, taking into account such factors such as the current and projected rents for similar spaces in Palm Beach and Broward Counties which are then for rent (or, if none, which have been rented during the prior 12 months), or projected to be for rent during the Term, set by Landlord in good faith and in Landlord's reasonable discretion. Landlord and Tenant shall employ the procedure and time table described below for the purpose of computing the Prevailing Rental Rate of the Leased Premises and the Base Rent in effect payable during the one first year of the Renewal Term:
(1i) year period immediately preceding INITIAL NOTICE OF INTENT TO RENEW. Not later than two hundred and ten (210) days prior to the expiration date of the then-applicable current term (the “"Expiration"), Tenant shall deliver to Landlord a notice that Tenant is interested in renewing the Term for the Leased Premises, subject to Tenant's review and approval of Landlord's determination of the Prevailing Rental Rate (the "Initial Renewal Rent Floor”)Notice".) In no event shall Tenant's Initial Renewal Notice to Landlord be deemed a binding renewal of the Lease. Within ten (10) business days of receipt of the Initial Renewal Notice from Tenant, Landlord shall notify deliver to Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “its proposed Base Rent Notice”) within sixty (60) days after receiving figure as provided above, together with such reasonable back up information utilized by Landlord in determining the applicable Renewal NoticePrevailing Rental Rate.
Appears in 1 contract
Samples: Lease Agreement (Qep Co Inc)
OPTION TO RENEW. 2.5.1. (1) Provided the Tenant shall have is not in default pursuant to the two (2) consecutive options (each, a “Renewal Option” terms and collectivelyconditions of this Lease, the “Renewal Options”) Tenant is hereby given the right and privilege to renew the within Lease, for one (1) renewal period to commence at end of the initial term of this Lease Lease, which renewal period shall be for a term of ten either (10a) years each one (each1) year or (b) five (5) years. In the event Tenant elects to exercise this option to renew, a “Renewal Term”), on all Tenant shall specify the term of the renewal period in the notice to be given to Landlord exercising the option to renew. said renewal shall be upon the same terms and conditions set forth as in this LeaseLease contained, except that initial Tenant shall pay Base Rent during the first twenty-four renewal period in the amount of ONE MILLION FOUR HUNDRED SIXTY EIGHT THOUSAND EIGHT HUNDRED AND 00/100 (24$1,468,800.00) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) DOLLARS per annum, compounded annually, but actually effectuated and payable on a biennial basis, in equal installments in the same manner as applies with respect amount of ONE HUNDRED TWENTY TWO THOUSAND FOUR HUNDRED AND 00/100 ($122,400.00) DOLLARS per month.
(2) In the event that Tenant exercises its option to extend the term of this Lease for a period of five (5) years, pursuant to the adjustment provisions of Article 46(1) above, Tenant shall have the right and privilege to renew the within Lease for an additional period of five (5) years, to commence at the end of the first-renewal period, upon the same terms and conditions as in this Lease contained, except that Tenant shall pay Base Rent during said second renewal period in the initial Term. amount of ONE MILLION SEVEN HUNDRED SIXTY EIGHT THOUSAND AND 00/100 ($1,768,000.00) DOLLARS per annum, payable in equal installments in the amount of ONE HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY THREE AND 33/100 ($147,333.33) DOLLARS per month.
(3) The right, option, and privilege of the Tenant shall deliver written notice to Landlord of Tenant’s election renew this lease as hereinabove set forth is expressly conditioned upon the Tenant delivering to exercise a Renewal Option the Landlord, in writing, by certified mail, return receipt requested, twelve (“Renewal Notice”) not less than nine (912) months' prior notice of its intention to renew, nor more which notice shall be given to the Landlord by the Tenant no later than twenty-four twelve (2412) months prior to the expiration date fixed for termination of the original Term term or the then-current Renewal Termfirst renewal term of this lease, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a4) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable The obligation to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to pay the Base Rent as adjusted hereinabove provided shall be in effect during addition to the one (1) year period immediately preceding obligation to pay all additional rent and other charges required by the expiration date terms and conditions of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticethis lease.
Appears in 1 contract
Samples: Lease Agreement (Loehmanns Inc)
OPTION TO RENEW. 2.5.1(a) Tenant shall have two (2) options (each a “Renewal Option”) to extend the term of the Lease for five (5) additional years each, at a fixed Monthly Rent equal to ninety-five percent (95%) of the then current Market Rent (as herein defined). Each such five (5) year period is a “Renewal Term.”
(b) Provided Tenant is not then in default under the Lease, Tenant shall have the two right to exercise its Renewal Option to extend the term for the next Renewal Term by giving Landlord prior written notice of its intention to exercise the Renewal Option at least one hundred eighty (2180) consecutive days prior to the expiration of the initial term or the then current Renewal Term.
(c) Except as provided in this Section 7, during any Renewal Term, all terms and conditions contained in the Lease shall remain the same except that after exercising the second Renewal Option, Tenant will have no further options to renew or extend the term of the Lease. In addition, on the first day of each Renewal Term (each, each a “Renewal Option” and collectivelyCommencement Date”), the “Monthly Rent shall be recalculated to an amount that is ninety-five percent (95%) of the then current Market Rent. Thereafter, on each anniversary of the Renewal Options”Commencement Date, fixed Monthly Rent will increase three percent (3%) to renew and that increased amount will be the Monthly Rent until the next anniversary of the Renewal Commencement Date.
(d) If Tenant exercises one or more of its Major Expansion Options (as defined below), then, notwithstanding any provisions in this Lease for a to the contrary, Tenant’s exercise of each such Major Expansion Option will cause the term of or the lease to be extended to the date that is ten (10) years each (each, a “after the date Landlord delivers the completed Major Expansion Space to Tenant. Thereafter any Unused Renewal Term”), on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent Options (as defined in Section 2.5.2 below7(e); provided, however, (a) may be exercised by Tenant in no event may accordance with the Initial Renewal Rent, on a per annum basis, be any greater than 105% provisions of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Optionsthis Lease.
2.5.2. (e) For the purposes of this Lease, “Fair Market RentUnused Renewal Options” shall be determined by Landlord, defined as provided for in its sole, but good faith, discretion based upon this Section 7(e).
(ai) If Tenant exercises a Major Expansion Option during the annual base rental rates then being charged in initial term of this Lease or during the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable first Renewal Term, and (c) taking into consideration: then after the geographic location, expiration of the Premises; ten (10) year extension provided for Section 7(d), Tenant shall have two (2) complete Renewal Options to extend the extent term of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluationLease for five (5) additional years each, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to in accordance with the contrary in provisions of this Section 2.57.
(ii) If Tenant exercises a Major Expansion Option during the second Renewal Term, then after the expiration of the ten (10) year extension provided for in Section 7(d), Tenant shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the have one (1) year period immediately preceding complete Renewal Option to extend the expiration date term of the then-applicable term Lease for five (5) additional years, all in accordance with the “Renewal Rent Floor”). Landlord shall notify Tenant provisions of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticethis Section 7.
Appears in 1 contract
Samples: Lease Agreement (Pharmaceutical Product Development Inc)
OPTION TO RENEW. 2.5.17.1. If, prior to the date of exercise thereof, no Event of Default shall have occurred that the Tenant has not previously cured and if there has not been a History of Recurring Events of Default (whether or not previously cured), the Tenant shall have the two (2) consecutive options (each, a “Renewal Option” the "Option to Renew"), exercisable exclusively at the time and collectivelyin the manner set forth below in Section 7.2 of this Agreement, to extend the Term for one additional period of five (5) years' duration. If the Option to Renew is properly exercised, the “Renewal Options”) to renew this Lease for a term of ten (10) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may commence upon the Initial Renewal Rent, on a per annum basis, be any greater than 105% end of the Base Rent in effect immediately preceding Expiring Term.
7.2. In the commencement date of event the then-Tenant elects to exercise the then applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal TermOption to Renew, the Base Rent Tenant shall increase at give written notice (the rate "Renewal Notice") of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect exercise to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more no later than twenty-four (24) months prior to the expiration date end of the original then Expiring Term or (the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a "Renewal Notice Date").
7.3. The Basic Rent for the Renewal Term shall be established by one of the following methods, at Tenant's election:
7.3.1. No less than one hundred twenty (120) days prior to Landlordthe Renewal Notice Date, then Tenant may give Landlord written notice of its interest in renewing the Lease. If such notice is given, Landlord and Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, negotiate in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated faith for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days thereafter to determine the Market Rental Rate. If the parties are able to agree on the Market Rental Rate, the Basic Rent for the Premises during the Renewal Term shall be equal to ninety-five percent (95%) of the Market Rental Rate. If the parties are unable to agree on the Market Rental Rate as provided in this Section 7.3.1, then the Market Rental Rate shall be determined by a board of three (3) Master appraisers who are Members of the American Institute of Real Estate Appraisers, or equivalent appraisal society, one (1) of whom shall be named by Landlord, one (1) by Tenant, and the two (2) so appointed shall select a third. Said board of appraisers shall each be licensed in-the State of New Jersey as Real Estate Appraisers, specializing in the field of commercial appraising of office buildings, having ten (10) years' experience, and recognized as ethical and reputable within their field. Landlord and Tenant agree to make their appointments promptly within ten (10) days after receiving the applicable expiration of the sixty (60) day period, or sooner if mutually agreed upon. The two (2) appraisers selected by Landlord and Tenant shall promptly select a third appraiser within fifteen (15) days after they both have been appointed. Each appraiser, within fifteen (15) days after the third appraiser is selected, shall submit in writing his or her determination of the Market Rental Rate to Landlord and Tenant. The Market Rental Rate shall be the mean of the two (2) closest Market Rental Rate determinations; provided, however, that if the highest and lowest appraisals are equidistant from the middle appraisal, the middle appraisal shall be deemed the Market Rental Rate. Landlord and Tenant shall each pay the fee of the appraiser selected by each and they shall share the payment of the fee of the third appraiser. If Tenant elects to determine the Market Rental Rate by the appraisal process set forth herein, the Basic Rent for the Renewal NoticeTerm shall be equal to ninety-five percent (95%) of the Market Rental Rate established by the appraisal procedure.
7.3.2. For purposes of this Section 7.3, "
Appears in 1 contract
OPTION TO RENEW. 2.5.1. i. Tenant shall have is hereby granted the option (the "First Option") to extend the term of this for two (2) consecutive options (each, a “Renewal Option” and collectively, years after the “Renewal Options”) to renew this expiration of the Initial Lease for a term of ten (10) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 belowthe "Extended Lease Term"); provided, however, (a) in no event . Tenant may not extend the Initial Renewal RentLease Term pursuant to any option granted by this Section if Tenant is in default, on a per annum basisand the period, be any greater than 105% of the Base Rent if any, in effect immediately preceding the commencement date of the then-applicable Renewal Termwhich to cure such default has expired, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary date of exercise of such option or as of the commencement date this Lease would have terminated but for the exercise of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Termsuch option.
ii. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived the First Option, unless Tenant has given Landlord notice in writing of its decision to exercise such option no earlier than ninety (90) days nor later than forty-five (45) days before the date the Initial Lease Term would end but for said option. Time is of the essence in regard to Tenant's notice to exercise, and relinquished unless notice to exercise is timely given, Tenant's right to exercise of the Renewal OptionsFirst Option, shall be terminated. If Tenant has given notice to exercise as of forty-five (45) days before the date the Original Lease Term would have ended for said option, a binding contract to lease the Premises for a two (2) year term is thereupon created between Landlord and Tenant, upon the terms and conditions herein provided.
2.5.2iii. For All terms and conditions provided for in this Lease shall apply during the purposes option period, with the exception that (A) the Base Rent at the commencement of this Leasethe option period and on each successive anniversary date during the Extended Lease Term will be increased and adjusted to reflect the average annual cost of living increase during each preceding twelve (12) month period for the Consumer Price Index, “Fair Market Rent” All Urban Consumers, San Francisco-Oakland-San Jose, California area (1982-84 = 100), All Items, published by the United States Department of Labor, Bureau of Labor Statistics, except that no such annual increase shall be determined by Landlord, in its sole, but good faith, discretion based upon less than four percent (a4%) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, nor more than eight percent (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term8%), and (cB) taking into consideration: the geographic location, of the Premises; the extent of service Parking rent will be increased to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however one hundred dollars (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1$100.00) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticeper month.
Appears in 1 contract
Samples: Lease Agreement (Xybernaut Corp)
OPTION TO RENEW. 2.5.1. So long as the Lease is in full force and effect and Tenant shall have both at the time of exercising the Option to Renew described in this Paragraph and at the time of the commencement of the following described Option Period:
(i) is occupying and doing business from the Premises at the time the Option to Renew described in this Paragraph is exercised; and
(ii) is not in default under the Lease either at the time of the exercise of the Option to Renew described in this Paragraph or at the time of the commencement of (each of) the following described Option Period(s); and
(iii) has maintained a history of payments within the applicable grace period, if any, provided under the Lease; Tenant is hereby granted an option to renew the Lease (the "Option to Renew") for two (2) consecutive options successive renewal term(s) (the "Option Period(s)") after the expiration of the Renewal Term, each commencing upon the day next following the expiration of the then current Lease Term. The Option Period(s) shall (each, a “Renewal Option” and collectively, the “Renewal Options”) to renew this Lease be for a term of ten three (103) years each (each, a “Renewal Term”), on all years. The terms of the same terms and conditions set forth in this Lease, except that initial Base Rent Lease during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”Option Period(s) shall be equal the same as during the current Lease period except as provided below. The Option to Fair Market Rent Renew must be exercised no less than one hundred eighty (as defined in Section 2.5.2 below); provided, however, (a180) in no event may days prior to the Initial Renewal Rent, on a per annum basis, be any greater than 105% expiration of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal then current Lease Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver " by written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) monthssent by registered or certified mail, nor more than twenty-four (24) months prior to return receipt requested. In the expiration date of the original Term or the then-current Renewal Term, as applicable; and if event Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by notify Landlord, in its solethe manner herein specified, but good faith, discretion based upon this Option to Renew shall be of no further force and effect. The Base Rent for the Option Period(s) shall be ninety-five percent (a95%) the annual base rental rates then being charged in the industrial market sector of the geographic area where then current fair market rate for the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization fixed as of the Premises, (b) for a lease term commencing on or about the date of commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Option Period. Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.'s
Appears in 1 contract
OPTION TO RENEW. 2.5.1. 27.01 Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) option to renew this Lease for a two (2) additional term of ten five (105) years each years, commencing upon the expiration of the initial Lease Term. The renewal option must be exercised, if at all, by written notice given by Tenant to Landlord not earlier than nine (each9) months or later than six (6) months prior to expiration of the initial Lease Term. Notwithstanding the foregoing, a “Renewal Term”)at Landlord’s election, this renewal option shall be null and void and Tenant shall have no right to renew this Lease if on the date that Tenant exercises its renewal option or as of the date immediately preceding the commencement of the renewal period: (a) Tenant is in default under the Lease beyond any applicable cure periods; (b) all or any portion of the same Premises is sublet other than as permitted pursuant to this Lease; (c) the Lease has been assigned prior to such date; (d) the Tenant or subtenant originally named herein is not occupying the Premises; or (e) the Premises is not intended for the exclusive use of Tenant or subtenant during the renewal term.
27.02 If Tenant exercises the renewal option, then all of the terms and conditions set forth in this LeaseLease as applicable to the Premises during the initial Lease Term shall apply during the renewal term, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) Tenant shall have no further right to renew this Lease, (b) Tenant shall take the Premises in no event may their then “as-is” state and condition, (c) the Initial Renewal Rentrates for parking in the Building shall be as reasonably determined by Landlord based on the then current rates for parking in the Building, on a and (d) the Base Rent payable by Tenant for the Premises shall increase by 3% per annum basis, be any greater than 105% of the year from Base Rent in effect immediately preceding for the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Termprior year. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a BASE RENT: Renewal Option (“1 4/1/2021 – 3/31/2022 $17,184.80 [Net/Net/Net] 4/1/2022 – 3/31/2023 $17,700.34 [Net/Net/Net] 4/1/2023 – 3/31/2024 $18,231.35 [Net/Net/Net] 4/1/2024 – 3/31/2025 $18,778.29 [Net/Net/Net] 4/1/2025 – 3/31/2026 $19,341.64 [Net/Net/Net] BASE RENT: Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.Option 2 4/1/2026 – 3/31/2027 $19,921.89 [Net/Net/Net] 4/1/2027 – 3/31/2028 $20,519.55 [Net/Net/Net] 4/1/2028 – 3/31/2029 $21,135.14 [Net/Net/Net] 4/1/2029 – 3/31/2030 $21,769.19 [Net/Net/Net] 4/1/2030 – 3/31/2031 $22,422.27 [Net/Net/Net]
Appears in 1 contract
Samples: Industrial Lease Agreement (CLS Holdings USA, Inc.)
OPTION TO RENEW. 2.5.1. 6.2.1 Tenant shall have has the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) option to renew this Lease for up to two (2) additional terms, each of sixty (60) months, commencing on the day following expiration of the preceding Term. Tenant shall exercise the Option to Renew by providing a written notice of exercise to Landlord no less than two hundred seventy (270) days prior to the end of the then current term of this Lease and as provided more specifically below. All of the terms and conditions of this Lease will remain the same during such renewal term except for the Base Rent which shall be the fair market rental value of the Premises as of the commencement of the renewal term; fair market rental value of the Premises shall be the amount of rent which a well-informed tenant, willing, but not obliged to lease the property, would pay, and which a well-informed landlord, willing, but not obligated to lease, would accept, taking into consideration all uses to which the property is adapted and might in reason be applied, the then market terms being offered in the Lake Union area of Seattle for space reasonably comparable to the Premises in size, location, parking availability and quality.
6.2.2 If, after bargaining in good faith for no less than thirty (30) days, either party determines, by written notice to the other party, that the parties cannot agree on the amount of the then fair market rental value of the Premises, then the fair market rental value shall be established by binding arbitration with a single arbitrator in accordance with the following procedures. The arbitrator shall be an MAI real estate appraiser with at least ten (10) years experience in appraising commercial real property in the Seattle metropolitan area ("Arbitrator") selected jointly by the parties; if the parties do not agree as to the identity of the Arbitrator within twenty (20) days after the end of the thirty (30) day bargaining period, the then Presiding Judge of the Superior Court for King County, upon an appropriate request which either party may make, shall appoint the Arbitrator. Within ten (10) days of the appointment of the Arbitrator, the parties each (each, a “Renewal Term”), on all shall submit in writing to Arbitrator the same terms and conditions set forth in this Lease, except that initial amount which they propose be established as the Base Rent during at the first twenty-four commencement of such renewal term (24) months "Submissions"); such Submissions shall not be disclosed to the parties by Arbitrator until the Arbitrator has received both parties' Submission. Each party may include in such Submissions any information which such party deems relevant or helpful to the Arbitrator in determining the fair market rental value of any Renewal Term (“Initial Renewal the Premises including costs or benefits which such party or the other party would enjoy in the event of a renewal of the lease or amenities and advantages of the Premises and Property not likely to be available to a party in another location. Arbitrator shall study such evidence and information in determining such Base Rent”) ; provided that the Arbitrator's determination of the amount of such Base Rent shall be equal confined and strictly limited to Fair Market Rent selection, as the more reasonable approximation of the fair market rental value of the Premises, of the amount stated in the Submission of Tenant or the Submission of Landlord, and Arbitrator may not select or declare any third number to be such Base Rent. Except as to the Parties' Submissions, any other communication by a party to Arbitrator shall be in writing with a copy to the other party. Upon completion of his investigation of such Base Rent, Arbitrator shall, no later than thirty (30) days after delivery of the Submissions, report in writing to each of the parties which party's Submission has been selected by him as defined in Section 2.5.2 below); provided, however, (a) in the more reasonable approximation of the fair market rental value of the Premises without requirement of further substantiation or information. In no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the new Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal the average Base Rent payable during the last year of the preceding term. Each party shall pay its own costs of arbitration and one- half of the Arbitrator's fee.
6.2.3 In the event of any renewal, Landlord shall have no obligation to make any improvements to the Base Rent Premises, to provide to Tenant any funds for any improvement, pay or make any other concessions or to pay any commission to Tenant's broker. After the exercise of the option to extend, all references in this Lease to the Term shall be considered to mean the Term as extended, and all references to the Termination Date or to the end of the Term shall be considered to mean the Term as extended.
6.2.4 Tenant's right to exercise the options to renew is subject to the following conditions precedent:
6.2.4.1 The Lease must be in effect during at the one (1) year period time the notice of exercise is given and on the last day of the term immediately preceding the expiration date commencement of the then-renewal term.
6.2.4.2 Tenant may not be in default beyond applicable notice and cure periods under any provision of this Lease at the time notice of exercise is given or on the last day of the term immediately preceding commencement of the renewal term.
6.2.4.3 At least two hundred seventy (270) days before the “Renewal Rent Floor”). Landlord shall notify last day of such term, Tenant of Landlord’s determination of Fair Market Rent for any Renewal Termshall, in writing (writing, have given Landlord notice irrevocably and unconditionally exercising the “Base Rent Notice”) within sixty (60) days after receiving option. Each party shall, at the applicable Renewal Noticerequest of the other, endorse on the original lease that party's signature or signatures, and date the option was exercised, and the words "Option Exercised". Alternatively, each party shall, at the request of the other, execute a memorandum, in recordable form, acknowledging the fact that the option has been exercised.
Appears in 1 contract
OPTION TO RENEW. 2.5.1. If the Tenant shall pays the Rent as and when due and performs and observes each and every of the covenants and conditions to be observed or performed by the Tenant under this Lease, and provided the Tenant is still Nanotech Security Corp. and is itself in possession of substantially the whole of the Premises, the Tenant will have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) option to renew this Lease for a further term of ten five (105) years each (each, a the “Renewal Term”), upon giving the Landlord written notice of its intention to do so no less than six (6) clear calendar months prior to the expiry of the then current Term. The Renewal Term shall be on all the same terms and conditions as are set forth out in the Lease, except that:
(a) there will be no further option to renew the Term following the expiration of the V46521\VAN_LAW\ 3128103\2 DocuSign Envelope ID: 6629E4D1-C8D4-4040-8983-6E6A9E7A079C - 9 - Renewal Term; V46521\VAN_LAW\ 3128103\2 DocuSign Envelope ID: 6629E4D1-C8D4-4040-8983-6E6A9E7A079C
(b) any requirement on the Landlord’s part to do any Landlord’s work or to pay to the Tenant any construction allowance, inducement, loan or other amount in connection with the Lease or improvements in the Premises, will not apply during the Renewal Term; and
(c) the Annual Base Rent shall be mutually agreed upon between the Landlord and the Tenant based upon the Current Market Rent, at the commencement of the Renewal Term for similarly improved premises of similar size in the Building or if there are no such similar premises, for similarly improved premises of similar size, quality, use and location in buildings of a similar size, quality and location as the Building but shall not in any event be less than the Annual Base Rent payable in respect of the last year of the then-current Term. If the parties are unable to agree to such Annual Base Rent by no later than 90 days prior to the expiry of the then-current Term, then the annual Base Rent shall be determined by arbitration in accordance with the Commercial Arbitration Act (British Columbia) as then in force and applying the criteria set out above. If the Annual Base Rent has not been determined by the commencement of the Renewal Term, the Tenant shall pay Annual Base Rent at the rate applicable to overholding as set out in this Lease, except that initial and within 10 days after the Annual Base Rent during for the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) is determined, the parties shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may retroactively adjust the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Annual Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of owing from the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, . If the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice exercise this option to Landlordrenew the Term in accordance with the foregoing, then Tenant or if the foregoing conditions are not satisfied, this option to renew shall automatically be null and void.”
10. The parties confirm and agree that the terms and conditions related to the Existing Premises shall extend to the Expansion Premises, unless specifically stated otherwise hereunder and shall apply mutatis mutandis to the Expansion Premises and/or run co-terminus with the Expansion Premises Term.
11. The parties confirm that the terms, covenants and conditions of the Lease remain unchanged and in full force and effect, except as modified by this Agreement.
12. This Agreement may be executed in any number of counterparts, each of which will be deemed to have irrevocably waived be an original and relinquished all of which taken together will be deemed to constitute one and the Renewal Options.
2.5.2same document. For Counterparts may be executed either in original or electronic form and the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector parties may adopt any signatures received electronically as original signatures of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable parties. V46521\VAN_LAW\ 3128103\2 DocuSign Envelope ID: 6629E4D1-C8D4-4040-8983-6E6A9E7A079C
13. This Agreement shall enure to the then-applicable utilization benefit of and be binding upon the Premisesparties hereto and their respective successors and permitted assigns, (b) for a lease term commencing on or about as the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticecase may be.
Appears in 1 contract
Samples: Lease Modification and Expansion Agreement (Meta Materials Inc.)
OPTION TO RENEW. 2.5.1. Provided Tenant is not then in default of any terms and conditions of the Lease, Tenant shall have the two (2) consecutive options to extend the Term as to part (at least 75% of the Premises) or all of the Premises for an additional five (5) years each. The Base Rent for the first year of each of the extended Terms shall be the lesser of: (1) the Base Rent as of the last day preceding the renewal Term or (2) ninety percent (90%) of the then Prevailing Market Rental Rate (“PMRR”). The Base Rent for each subsequent year of each renewal Term shall increase by three percent (3%) on December 1. If less than all of the Premises are to be leased, then that portion of the Premises which is not being leased by Tenant must be in such configuration that it can reasonably be leased by the Landlord. “PMRR” means the annual amount of rent that a “Renewal Option” tenant would pay and collectively, the “Renewal Options”) to renew this Lease a willing landlord would accept in an arm’s length bona fide offer for a term lease based upon other lease transactions made in the Building and other comparable office buildings in the Central East Quadrant area of ten Salt Lake City, Utah, within the previous six (106) years each (eachmonths, a “Renewal Term”), on taking into consideration all the same relevant terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term comparable leasing transaction, including without limitation: (“Initial Renewal Rent”i) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); providedlocation, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% quality and age of the Base Rent in effect immediately preceding the commencement date building; (ii) use and size of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined belowspace in question; (iii) location and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, or floor level in the same manner as applies with respect to the adjustment building; (iv) that there will be no new leasehold improvement allowances provided; (v) there will be no abatement of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option rental or other charges; (“Renewal Notice”vi) not less than nine parking; (9vii) months, nor more than twenty-four lease takeovers/assumptions; (24viii) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicablerelocation allowances; (ix) there will be no refurbishment and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon repainting allowances; (ax) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions distinction between “gross” and “net” leases, (xi) extent of services provided or to be provided; (xii) base year or dollar amount for escalation purposes (both operating costs and ad valorem taxes); (xiii) credit standing and financial stature of the creditworthiness tenant; (xiv) length of term and quality (xv) Landlord will not be required to pay additional brokerage fees. Each option needs to be exercised by Tenant giving Landlord written notice of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however exercise at least six (and notwithstanding any provision 6) month prior to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal NoticeTermination Date.
Appears in 1 contract
OPTION TO RENEW. 2.5.1. Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) to renew this Lease for a term of ten (10) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.
2.5.3. Tenant shall then have thirty (30) days after Landlord’s delivery of the Base Rent Notice in which to advise Landlord, in writing (the “Base Rent Response Notice”), whether Tenant (i) is prepared to accept the Fair Market Rent established by Landlord in the Base Rent Notice and proceed to lease the Premises, during the Renewal Term, at that Fair Market Rent; or (ii) elects to withdraw and revoke its Renewal Notice, whereupon the Renewal Option shall automatically be rendered null and void; or (iii) elects to contest Landlord’s determination of Fair Market Rent. In the event that Tenant fails to timely deliver the Base Rent Response Notice, then Tenant shall automatically be deemed to have elected (i) above. Alternatively, if Tenant timely elects (ii), then this Lease shall expire on the original expiry date of the initial Term or the then current Renewal Term, as applicable. If, however, Tenant timely elects (iii), then the following provisions shall apply:
2.5.3.1. The Fair Market Rent shall be determined by either the Independent Brokers or the Determining Broker, as provided and defined below, but in no event shall the Fair Market Rent be less than the Renewal Rent Floor.
2.5.3.2. Within thirty (30) days after Tenant timely delivers its Base Rent Response Notice electing to contest Landlord’s determination of Fair Market Rent, each of Landlord and Tenant shall advise the other, in writing (the “Arbitration Notice”), of both (i) the identity of the individual that each of Landlord and Tenant, respectively, is designating to act as Landlord’s or Tenant’s, as the case may be, duly authorized representative for purposes of the determination of Fair Market Rent pursuant to this Section 2.5.3 (the “Representatives”); and (ii) a list of three (3) proposed licensed real estate brokers, any of which may serve as one of the Independent Brokers (collectively, the “Broker Candidates”). Each Broker Candidate:
(i) shall be duly licensed in the jurisdiction in which the Premises is located;
(ii) shall have at least five (5) years’ experience, on a full-time basis, leasing industrial space (warehouse/distribution/ancillary office) in the same general geographic area as that in which the Premises is located, and at least three (3) of those five (5) years of experience shall have been consecutive and shall have elapsed immediately preceding the date on which Tenant delivers the Renewal Notice; and
(iii) shall be independent and have no then-pending (as of the date Landlord or Tenant designates the broker as a Broker Candidate) brokerage relationship, formal or informal, oral or written, with any or all of Landlord, Tenant, and any affiliates of either or both of Landlord and Tenant (“Brokerage Relationship”), nor may there have been any such Brokerage Relationship at any time during the two (2) year period immediately preceding the broker’s designation, by Landlord or Tenant, as a Broker Candidate.
2.5.3.3. Within fourteen (14) days after each of Landlord and Tenant delivers its Arbitration Notice to the other, Landlord and Tenant shall cause their respective Representatives to conduct a meeting at a mutually convenient time and location. At that meeting, the two (2) Representatives shall examine the list of six (6) Broker Candidates and shall each eliminate two (2) names from the list on a peremptory basis. In order to eliminate four (4) names, first, the Tenant’s Representative shall eliminate a name from the list and then the Landlord’s Representative shall eliminate a name therefrom. The two (2) Representatives shall alternate in eliminating names from the list of six (6) Broker Candidates in this manner until each of them has eliminated two (2) names. The two (2) Representatives shall immediately contact the remaining two (2) Broker Candidates (the “Independent Brokers”), and engage them, on behalf of Landlord and Tenant, to determine the Fair Market Rent in accordance with the provisions of this Section 2.5.3.
2.5.3.4. The Independent Brokers shall determine the Fair Market Rent within thirty (30) days of their appointment. Landlord and Tenant shall each make a written submission to the Independent Brokers, advising of the rate that the submitting party believes should be the Fair Market Rate, together with whatever written evidence or supporting data that the submitting party desires in order to justify its desired rate of Fair Market Rent; provided, in all events, however, that the aggregate maximum length of each party’s submission shall not exceed ten (10) pages (each such submission package, a “FMR Submission”). The Independent Brokers shall be obligated to choose one (1) of the parties’ specific proposed rates of Fair Market Rent, without being permitted to effectuate any compromise position.
2.5.3.5. In the event, however, that the Independent Brokers fail to reach agreement, within twenty (20) days after the date on which both Landlord and Tenant deliver the FMR Submissions to the Independent Brokers (the “Decision Period”), as to which of the two (2) proposed rates of Fair Market Rent should be selected, then, within five (5) days after the expiration of the Decision Period, the Independent Brokers shall jointly select a real estate broker who (x) meets all of the qualifications of a Broker Candidate, but was not included in the original list of six (6) Broker Candidates; and (y) is not affiliated with any or all of (A) either or both of the Independent Brokers and (B) the real estate brokerage companies with which either or both of the Independent Brokers is affiliated (the “Determining Broker”). The Independent Brokers shall engage the Determining Broker on behalf of Landlord and Tenant (but without expense to the Independent Brokers), and shall deliver the FMR Submissions to the Determining Broker within five (5) days after the date on which the Independent Brokers select the Determining Broker pursuant to the preceding sentence (the “Submission Period”).
2.5.3.6. The Determining Broker shall make a determination of the Fair Market Rent within twenty (20) days after the date on which the Submission Period expires. The Determining Broker shall be required to select one of the parties’ specific proposed rates of Fair Market Rent, without being permitted to effectuate any compromise position.
2.5.3.7. The decision of the Independent Brokers or the Determining Broker, as the case may be, shall be conclusive and binding on Landlord and Tenant, and neither party shall have any right to contest or appeal such decision. Judgment may be entered, in a court of competent jurisdiction, upon the decision of the Independent Brokers or the Determining Broker, as the case may be.
2.5.3.8. In the event that the initial Term or the then-current Renewal Term, as applicable, expires and the subject Renewal Term commences prior to the date on which the Independent Brokers or the Determining Broker, as the case may be, renders their/its decision as to the Fair Market Rent, then from the commencement date of the subject Renewal Term through the date on which the Fair Market Rent is determined under this Section 2.5.3 (the “Determination Date”), Tenant shall pay monthly Base Rent to Landlord at a rate equal to 103% of the most recent rate of monthly Base Rent in effect on the expiration date of the initial Term or the immediately preceding Renewal Term, as applicable (the “Temporary Base Rent”). Within ten (10) business days after the Determination Date, Landlord shall pay to Tenant, or Tenant shall pay to Landlord, depending on whether the Fair Market Rent is less than or greater than the Temporary Base Rent, whatever sum that Landlord or Tenant, as the case may be, owes the other (the “Catch-Up Payment”), based on the Temporary Base Rent actually paid and the Fair Market Rent due (as determined by the Independent Brokers or the Determining Broker, as the case may be) during that portion of the Renewal Term that elapses before the Catch-Up Payment is paid, in full (together with interest thereon, as provided below). The Catch-Up Payment shall bear interest at the rate of Prime (defined below), plus two percent (2.0%) per annum, from the date each monthly component of the Catch-Up Payment would have been due, had the Fair Market Rent been determined prior to the commencement of the Renewal Term, through the date on which the Catch-Up Payment is paid, in full (inclusive of interest thereon). For purposes hereof, “Prime” shall mean the per annum rate of interest publicly announced by JPMorgan Chase Bank NA (or its successor), from time to time, as its “prime” or “base” or “reference” rate of interest.
Appears in 1 contract
Samples: Ground Sublease
OPTION TO RENEW. 2.5.1. (a) If Tenant is not then in default hereunder beyond applicable notice and cure periods, then Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) option to renew the Term of this Lease for a term of ten one (101) years each five (each, 5) year period (a “Renewal Term”)) commencing on the day next following the Term and ending on the fifth (5th) anniversary thereof, by giving written notice of said renewal to Landlord not later than the date which is six (6) calendar months prior to the end of the Term, time being of the essence.
(b) If the Term of this Lease is renewed, it shall be so renewed on all the same terms and conditions then set forth in this Lease, Lease except that initial (i) the annual Base Rent rate during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent $21.36 (as defined in Section 2.5.2 below); provided, however, (a) in no event may and the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the monthly Base Rent rate shall be $1.78) per square foot of rentable area in effect immediately preceding the commencement date of the thenPremises, which rate shall be escalated on each one-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second year anniversary of the commencement of each the Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of by three percent (3.03%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in over the same manner as applies prior year’s Base Rent rate; (ii) Landlord shall not be obligated to provide any additional tenant improvements or construction allowances with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” (iii) there shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) no further rights to extend the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during beyond the one (1) five (5) year period immediately preceding the expiration date specified herein.
(c) It shall be a condition to Tenant’s exercise of the then-applicable term (option to extend that both at the “time of delivery of Tenant’s exercise notice and at the commencement of the Renewal Rent Floor”)Term that the Premises has not been subleased and the Lease has not been assigned. Landlord Any termination of this Lease or termination of Tenant’s right of possession to the Premises shall notify Tenant terminate all of LandlordTenant’s determination rights to the option to renew. The option to renew may be exercised only by, and may not be exercised by or for the benefit of Fair Market Rent for any Renewal Termparty other than, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticenamed Tenant.
Appears in 1 contract
OPTION TO RENEW. 2.5.119.1. Tenant Provided that no Event of Default shall have occurred at the two time of Tenant’s exercise of the applicable option or at the commencement of the applicable extended term, Tenant is hereby granted the option to renew (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) to renew this Lease the Term for a (1) additional term of ten five (105) years each (each, a the “Renewal Term”), in accordance with the terms of this Section 19. Tenant may elect to exercise the Renewal Option only on all the same terms entirety of the Premises. Tenant shall provide to Landlord on a date which is prior to the date that the option period would commence (if exercised) by at least two hundred seventy (270) days, but not more than three hundred sixty-five (365) days, a written notice of the exercise of the option to extend the Lease for the Renewal Term. Such notice shall be given in accordance with Section 16 of the Lease. If notification of the exercise of the Renewal Option is not so given and conditions set forth in this Leasereceived, except that initial time hereby being of the essence, the Renewal Option granted hereunder shall automatically expire. Base Rent during applicable to the first twenty-four (24) months of any Premises for each Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent the lesser of (as defined in Section 2.5.2 below); provided, however, i) one hundred three percent (a103%) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months Lease Year prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (cii) taking into consideration: the geographic location, one hundred percent (100%) of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one Rental (1) year period immediately preceding the expiration date as hereinafter defined). All other terms and conditions of the then-applicable term (Lease shall remain the “same, except following Tenant’s proper exercise of the Renewal Rent Floor”)Option, Tenant shall have no further options to renew the Term of this Lease.
19.2. If Tenant exercises the Renewal Option, Landlord shall determine the Fair Market Rental by using its good faith judgment. Landlord shall notify provide Tenant with written notice of such amount within thirty (30) days after Tenant exercises its Renewal Option. Tenant shall have thirty (30) days ("Tenant's Review Period") after receipt of Landlord's notice of the Fair Market Rental within which to accept such Fair Market Rental. Notwithstanding the foregoing, at any time within three (3) business days (“Tenant’s Rejection Period”) after Landlord’s delivery to Tenant of the Landlord’s determination of the Fair Market Rent for any Renewal TermRental, Tenant may withdraw in writing (its notice exercising the “option to extend in which case this Lease shall expire in accordance with the provisions of the Lease, time hereby being of the essence. In the event Tenant fails to rescind the exercise of the option to extend within Tenant’s Rejection Period, then Xxxxxx’s exercise of the Renewal Option shall be in full force and effect and Tenant shall not have any further right to rescind Tenant’s exercise. Upon determination of the Base Rent Notice”payable pursuant to this Section, the parties shall promptly execute an amendment to this Lease stating the rent so determined. The term "Fair Market Rental" shall mean the annual amount per rentable square foot that a willing, comparable tenant would pay and a willing, comparable landlord of a similar first-class life science building in the same geographic area as the Building would accept at arm's length for similar space, giving appropriate consideration to the following matters: (i) within sixty annual rental rates per rentable square foot; (60ii) days after receiving the type of escalation clauses (including, without limitation, operating expenses, and real estate taxes) and the extent of liability under the escalation clauses (i.e., whether determined on a "net lease" basis or otherwise); (iii) rent abatement provisions reflecting free rent and/or no rent during the renewal lease term; (iv) length of renewal lease term; (v) size and location of premises being leased; and (vi) other generally applicable terms and conditions and concessions for tenancy for similar space. The Fair Market Rental may also designate periodic rental increases and similar economic adjustments. The Fair Market Rental shall be the Fair Market Rental in effect as of the beginning of the Renewal NoticeOption period, 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 Fair Market Rental as of the beginning of the Renewal Option period.
Appears in 1 contract
OPTION TO RENEW. 2.5.1. Provided the Tenant shall have is not in default pursuant to the two (2) consecutive options (each, a “Renewal Option” terms and collectivelyconditions of this lease, the “Renewal Options”) Tenant is hereby given the right and privilege to renew this Lease the within lease, for a one (1) three (3) year renewal period, to commence at the end of the initial term of ten (10) years each (eachthis lease, a “Renewal Term”), on all which renewal shall be upon the same terms and conditions set forth as in this Leaselease contained, except that initial Base Rent during as follows:
(1) During the first twenty-four three (243) months of any Renewal Term (“Initial Renewal Rent”) year renewal period, Tenant shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the pay Base Rent in effect immediately preceding the commencement date amount of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and SEVENTY THREE THOUSAND FIVE HUNDRED AND 00/100 (b$73,500.00) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) DOLLARS per annum, compounded annually, but actually effectuated and payable on a biennial basisin equal installments in the sum of SIX THOUSAND ONE HUNDRED TWENTY FIVE AND 00/100 ($6,125.00) DOLLARS per month, in the same manner as applies with respect required by Article 3 hereof.
(2) The right, option, and privilege of the Tenant to renew this lease as hereinabove set forth is expressly conditioned upon the Tenant delivering to the adjustment Landlord, in writing, by certified mail, return receipt requested, eight (8) months' prior notice of Base Rent during its intention to renew, which notice shall be given to the initial Term. Landlord by the Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option no later than eight (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) 8) months prior to the expiration date fixed for termination of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Optionsterm of this lease.
2.5.2. For (3) The obligation to pay the purposes Fixed Rent as hereinabove provided shall be in addition to the obligation to pay all Additional Rent and other charges required by the terms and conditions of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticelease.
Appears in 1 contract
Samples: Lease Agreement (2bridge)
OPTION TO RENEW. 2.5.1shall be added as follows. Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) Lessee is hereby --------------- granted an option to renew this Lease for a an additional term of ten two (102) years each (eacheffective October 1, a “Renewal Term”), 2003 on all the same terms and conditions set forth in this Leasecontained herein except for the rental and the length of the term, except that initial Base Rent during upon the first twenty-four (24) months conditions that:
a. written notice of any Renewal Term (“Initial Renewal Rent”) the exercise of such option shall be equal given by Lessee to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) Lessor not less than nine one hundred eighty (9180) months, nor more than twenty-four (24) months days prior to the expiration date end of the original Term or term of this Lease; and
b. at the then-current Renewal Term, as applicable; time of the giving of such notice and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished at the Renewal Options.
2.5.2. For expiration of the purposes term of this Lease, “Fair Market Rent” there are no defaults in the covenants, agreements, terms and conditions on the part of Lessee to be kept and performed, and all rents are and have been fully paid. Provided also, that the rent to be paid during each year of the said renewal period shall be as determined in accordance with the following procedure:
(1) The index to be used for this adjustment shall be the Consumer Price Index (North Central Region, All Urban Consumers, All Items, 1982-1984 equaling a base of 100, from the U. S. Department of Labor, Bureau of Labor Statistics, Washington, D. C.).
(2) The Consumer Price Index of 1993 for the month of June shall be the "Base Period Consumer Price Index".
(3) The Consumer Price Index for the month of June each succeeding year shall be determined from the published figures and shall be the "Adjustment Period Consumer Price Index".
(4) The Base Period Consumer Price Index shall be subtracted from the Adjustment Period Consumer Price Index; the difference shall be divided by Landlordthe Base Period Consumer Price Index. This quotient shall then be multiplied by $129,279.96 and the result shall then be added to $129,279.96. This arithmetical sum shall then be the adjusted Basic Annual Rent for such immediately succeeding leasehold year which shall be paid in equal monthly payments. Notwithstanding the Index, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector percentage increase shall not be less than three percent (3%). All calculations of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to said procedure shall be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; Lessee in their entirety directly from EWE Warehouse Investments V, Ltd., the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in Lessor.
(5) If the geographic area in which the Premises is located; and said Consumer Price Index is, at any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect time during the one (1) year period immediately preceding term of this Lease, discontinued by the expiration date Government, then the most nearly comparable index shall be substituted for the purpose of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticeaforesaid calculations.
Appears in 1 contract
Samples: Lease Agreement (Pc Connection Inc)
OPTION TO RENEW. 2.5.110.1. Tenant shall have the two right, at its option, to extend the Term for a single five (25) consecutive options year period (eachthe “Extension Term”), a “Renewal Option” provided and collectivelyupon the condition that at the time of the exercise of the option and upon the commencement of the Extension Term no monetary or material, non-monetary Event of Default shall exist, the Lease shall not have been assigned (other than to a Related Entity) and Mindspeed Technologies, Inc. (the “Renewal OptionsNamed Tenant”) or a Related Entity shall not be subleasing more than fifty percent (50%) of the Premises. The Extension Term shall commence on January 1, 2020 and shall expire on December 31, 2024. Tenant shall give Landlord written notice of Tenant’s intention to renew exercise such option not earlier fifteen (15) months prior to the New Expiration Date, and not later than twelve (12) months prior to the New Expiration Date, time being of the essence. All of the terms, covenants and conditions of the Lease shall continue in full force and effect during the Extension Term, except that the Rent shall be the greater of (i) the Rent due hereunder immediately prior to the commencement of the Extension Term, or (ii) ninety-five percent (95%) of the Fair Market Rent as determined in accordance with Section 10.2, and Tenant shall have no further right to extend the Term pursuant to this Lease Section 10.
10.2. Within sixty (60) days following Landlord’s receipt of Tenant’s written request therefor, Landlord shall give Tenant notice of its determination of the fair market 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 non-sublease, non-encumbered space in the Building, and in comparable buildings in the Xxxx Xxxxx – Orange County Airport market area of comparable age, size, quality and improvements to the Premises, which are then for rent (or, if none, those rented on an arms-length basis to tenants of similar financial standing during the prior twelve (12) months) or projected to be for rent during the Extension Term, adjusted for any special conditions applicable to such spaces and leases and for location, length of term, amount of space and other factors relevant in computing rent for spaces in the Building, including adjustments for anticipated inflation, fluctuations in market rents and price conditions and adjustments for then-prevailing market concessions for similarly situated tenants entering into similar lease renewals for a term similar term, including, if applicable, tenant improvement allowance, leasing commissions, free rent, any “base year” or “expense stop” applicable thereto and other concessions.
10.3. Tenant shall accept or reject Landlord’s determination of the Fair Market Rent for the Extension Term within fifteen (15) days of Tenant’s receipt of Landlord’s notice setting forth the same. In the event Tenant fails to accept or reject in writing Landlord’s determination of the Fair Market Rent for the applicable Extension Term within said fifteen (15) day period, Tenant shall be deemed to have rejected Landlord’s determination of such Fair Market Rent.
10.4. Otherwise, if Tenant rejects (or is deemed to have rejected) Landlord’s determination of the Fair Market Rent, Landlord and Tenant shall use their good faith efforts to agree upon the Fair Market Rent of the Premises during the Extension Term. In the event Landlord and Tenant cannot reach agreement within thirty (30) days after the date of Tenant’s notice rejecting Landlord’s determination of the Fair Market Rent, Landlord and Tenant shall each select a reputable qualified, licensed real estate broker who has at least ten (10) years each (each, a “Renewal Term”), on all experience in Orange County and who is familiar with the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates rentals then being charged in the industrial market sector of the geographic area where the Premises is situated for land onlyBuilding and in comparable buildings (respectively, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “grossLandlord’s Broker” and “net” leases; the creditworthiness Tenant’s Broker”) who shall confer promptly after their selection by Landlord and quality of Tenant; leasing commissions; incentives being provided Tenant and shall use their best efforts to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall agree upon the Fair Market Rent of the Premises during the Extension Term. If Landlord’s Broker and Tenant’s Broker cannot reach agreement within fifteen (15) days after the date such brokers have been selected, then, within ten (10) days thereafter, they shall designate a third reputable, licensed real estate broker, who has at least ten (10) years experience in Orange County and who is familiar with the rentals then being charged in the Building and in comparable buildings (the “Independent Broker”). Upon the failure of Landlord’s Broker and Tenant’s Broker to agree upon the designation of the Independent Broker, then the Independent Broker shall be less than an amount equal appointed by a Justice (or the regional equivalent) of the Superior Court (or the regional equivalent) of the State of California upon ten (10) business days notice, or by any other court in Orange County having jurisdiction and exercising functions similar to those exercised by the Superior Court of the State of California. Concurrently with such appointment, Landlord’s Broker and Tenant’s Broker shall each submit a letter to the Base Independent Broker, with a copy to Landlord and Tenant, setting forth such broker’s estimate of the Fair Market Rent in effect of the Premises during the one Extension Term (1respectively, “Landlord’s Broker’s Letter” and “Tenant’s Broker’s Letter”). The Independent Broker shall conduct such investigations and hearings as he/she may deem appropriate and shall, within fifteen (15) year days after the date of his/her designation, choose either the rental set forth in Landlord’s Broker’s Letter or Tenant’s Broker’s Letter to be the Fair Market Rent for the Premises during the Extension Term, and such choice shall be binding upon Landlord and Tenant. Landlord and Tenant shall each pay the fees and expenses of its respective broker. The fees and expenses of the Independent Broker shall be shared equally by Landlord and Tenant.
10.5. In the event the Extension Term shall commence prior to a determination for the Fair Market Rent during the Extension Term having been made in accordance with Section 10.4 above, then the rent to be paid by Tenant to Landlord until such determination has been made shall be the annual rent for the twelve (12) month period immediately preceding the expiration date commencement of the then-applicable term (Extension Term, including all escalations or additional rent payable under the “Renewal Rent Floor”)Lease. Landlord shall notify Tenant of Landlord’s After such determination of has been made for the Fair Market Rent for any Renewal during the Extension Term, any excess rental for the Extension Term theretofore paid by Tenant to Landlord shall be credited by Landlord against the next ensuing monthly rent payable by Tenant to Landlord and any deficiency in writing rent due from Tenant to Landlord during the Extension Term shall be paid within thirty (the “Base Rent Notice”) within sixty (6030) days after receiving following such determination.
10.6. The parties hereto agree to enter into an amendment of the applicable Renewal NoticeLease confirming the exercise of Tenant’s option to extend the Term of the Lease and the amount of the Rent payable during the Extension Term.
10.7. The right to extend the Term for the Extension Term shall be a right personal only to the Named Tenant and any Related Entity and not to any other assignee, subtenant or other transferee of or successor to any portion of Tenant’s interest under the Lease or to the Premises.
Appears in 1 contract
Samples: Lease (Mindspeed Technologies, Inc)
OPTION TO RENEW. 2.5.1. Provided the Tenant shall have is not in default pursuant to the two (2) consecutive options (each, a “Renewal Option” terms and collectivelyconditions of this lease beyond applicable notice and cure periods, the “Renewal Options”) Tenant is hereby given the right and privilege to renew this Lease the within lease, for a three (3) five (5) year periods, to commence at the end of the initial term of ten (10) years each (eachthis lease, a “Renewal Term”)or the expiring renewal term, on all as applicable, which renewals shall be upon the same terms and conditions as in this lease contained, except as follows:
(1) Tenant shall pay during the first (1st) five (5) year renewal term annual Fixed Rent in the amount of THREE HUNDRED SIXTY THREE THOUSAND SIX HUNDRED TWENTY NINE AND 52/100 ($363,629.52) DOLLARS per annum (based on a rate of $6.50 per square foot per annum), payable in equal installments in the sum of THIRTY THOUSAND THREE HUNDRED TWO AND 46/100 ($30,302.46) DOLLARS per month.
(2) Tenant shall pay during the second (2nd) five (5) year renewal term annual Fixed Rent based upon ninety (90%) per cent of the fair market value per square foot applicable to the leased premises. The fair market value shall be determined as follows: After Tenant has given written notice to the Landlord, as hereinafter provided, of its exercise of the within option, the Landlord shall deliver to Tenant a written notice stating the Fixed Rent to be paid for the leased premises during the second (2nd) five (5) year renewal term. In the event that the Tenant objects to the Fixed Rent quoted by Landlord, the issue of fair market value shall be open to negotiation between Landlord and Tenant. In the event the parties cannot agree within thirty (30) days after Landlord's notice of the then fair market rental value, the parties shall agree on the appointment of a real estate appraiser (the "Appraiser") having the M.A.I. designation, the cost of which shall be shared equally by Landlord and Tenant, which Appraiser shall be knowledgeable in the Somerset County, New Jersey market rental area, who shall make a fair market rental determination. If the parties cannot agree within thirty (30) days subsequent to the appointment of the Appraiser, then the matter shall be submitted to binding arbitration pursuant to the rules for commercial arbitration of the American Arbitration Association, at the equal administrative cost of Landlord and Tenant. It is expressly understood and agreed that in any event the renewal Fixed Rent for the second (2nd) five (5) year renewal term shall not be less than the annual Fixed Rent of THREE HUNDRED SIXTY THREE THOUSAND SIX HUNDRED TWENTY NINE AND 52/100 ($363,629.52) DOLLARS, in the event that ninety (90%) percent of fair market rent shall be determined to be less than said sum as such determination shall be made in the manner hereinabove provided.
(3) Tenant shall pay during the third (3rd) five (5) year renewal term annual Fixed Rent based upon the fair market value per square foot applicable to the Leased Premises. The fair market value shall be determined as set forth in this Lease, except subarticle (2) above. It is expressly understood and agreed that initial Base in any event the renewal Fixed Rent during for the first twenty-four third (243rd) months of any Renewal Term five (“Initial Renewal Rent”5) year renewal term shall not be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal annual Fixed Rent Floorpayable during the second (2nd) five (5) year renewal term in the event fair market rent shall be determined to be less than said sum as such determination shall be made in the manner hereinabove provided.
(4) The right, as defined below; option, and (b) as privilege of the second anniversary of Tenant to renew this lease as hereinabove set forth is expressly conditioned upon the commencement of each Renewal Term and on each second anniversary thereafter Tenant delivering to the Landlord, in writing, by certified mail, return receipt requested, six (i.e. every twenty-four (246) months) through the remainder ' prior notice of that Renewal Termits intention to renew, the Base Rent which notice shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect be given to the adjustment of Base Rent during Landlord by the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option no later than six (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (246) months prior to the expiration date fixed for termination of the original Term term, first renewal term, or the then-current Renewal Termsecond renewal term of this lease, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For (5) The obligation to pay the purposes Fixed Rent as hereinabove provided shall be in addition to the obligation to pay all additional rent and other charges as required pursuant to the terms and conditions of this Leaselease, “Fair Market Rent” shall be determined by Landlordcomputed from the initial Commencement Date of this lease, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticeapplicable.
Appears in 1 contract
Samples: Lease Agreement (Andrx Corp)
OPTION TO RENEW. 2.5.1. Tenant shall have Lessor grants to the two (2) consecutive options (eachLessee, a “Renewal Option” and collectivelysubject to the conditions set forth below, the “Renewal Options”) right and option to renew this Lease for a term an additiona period of ten one (101) years each year (each, a the “Renewal Term”), on all beginning at the same terms and conditions set forth in end of the Initial Term of this Lease. The option must be exercised by giving Lessor written notice of the intent to renew no less than 60 ays prior to the expiration of the Initial Term by Lessee, except that initial Base Rent during but Lessee shall in no event be entitled to renew the Term hereof, even though such notice be timely given, unless Lessee shall have timely performed all of its obligations hereunder, and shall not be in default in the performancee of any thereof, on the date of the expiration of the Initial Term hereof. The monthly rent for each year of the Initial Term and the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”if applicable) shall be equal subject to Fair Market annual escalation based on the Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers (CPI-U) for Washington – Arlington – Alexandria, DC – VA – MD – WV (1982 – 84 = 100) All Items (the “CPI-U”). Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may for each year of the Initial Term and the first Renewal Rent, on a per annum basis, Term (if appliable) shall be any greater than 105% determined by applying the increasse in the CPI-U which took place during the period from March of the Base Rent in effect immediately preceding the commencement date prior year to March of the thencurrent year to the monthly rent then in effect. By way of example, the monthly rent for the second year of the Initial Term shall be calculated in June, 2020 based upon an assumed increate in the CPI-applicable U of 2.7%, as follows:
(i) Monthly rent in the sum of $1,000.00 shall be multiplied by the increase in the CPI-U during the period March, 2019 through March, 2020 for the first year of the Initial Term. If the annual increase in the CPI-U was 2.7% during this period, then the monthly base rent shall be increased by the sum of $27.00 per month for a total monthly rent of $1,027.00 per month for the first year of the First Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and .
(bii) as The actual amount of the second anniversary monthly rent due during the First Renewal Term shall be calculated based upon the actual change in the CPI-U for the period from March, 2019 through March, 2020 and so on. The CPI-U is reported bi-monthly in January, March, May, July and September of each year. If the foregoing CPI-U shall be discontinued, then any successor Consumer Price Index of the commencement United States Bureau of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through Labor Statistics or any successor agency thereof may be used, or in the remainder sole discretion of that Renewal Termthe Lessor, the Base Rent Lessor shall increase at substitute a comparable price indeex or formula and such substitute price index or formua shall have the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on same effect as if originally designated herein. In the event that there is a biennial basis, correction made in the adjustments in the Bureau of Labor Statistics, the Lessor reserves the right to make the same manner as applies with respect correction to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) monthsmonthly rent if, nor more than twenty-four (24) months prior to in the expiration date sole discretion of the original Term or Lessor, the then-current adjustment is deemeed appropriate and the Lessee shall be bound to such adjustment upon written notififcation thereof. Rent for the first Renewal Term, as if applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion subject to the escalator based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the thenCPI-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all U as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticeset forth hereinabove.
Appears in 1 contract
Samples: Lease Agreement
OPTION TO RENEW. 2.5.1. The Landlord shall grant to the Tenant shall have a renewal of Lease for one (1) term of five (5) years provided all the two following conditions are satisfied:
(2i) consecutive options the Tenant’s account is not in arrears;
(eachii) the Tenant duly and regularly performs each and every of the covenants, a “Renewal Option” provisos and collectivelyagreements herein contained on the part of the Tenant to be paid, done and performed;
(iii) written request of the “Renewal Options”) Tenant to renew this the Lease for a term of ten (10) years each (each, a “Renewal Term”), on all is received by the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) monthsmonths before the expiration of the Term (the “Expiry Date”);
(iv) covenants, nor more than twenty-four provisos, agreements and rents are determined by negotiation, prior to the Expiry Date, based on fair market taking into consideration premises in equal quality buildings within the Halifax Central Business District of similar age and location;
(24v) documentation, provided by the Landlord to renew the Lease, is fully executed by the Tenant prior to the Expiry Date.
(vi) Landlord shall provide Tenant a fair market rent proposal on or before twelve (12) months prior to the expiration date expiry of the original Term or Term. If for any reason all the then-current above noted conditions are not satisfied at the Expiry Date, this Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant Option shall automatically be deemed to have irrevocably waived null and relinquished void. Any broker services retained by the Renewal Options.
2.5.2. For Tenant for the purposes purpose of renewing this Lease, “Fair Market Rent” Lease shall be determined paid by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in Tenant to the industrial market sector complete exoneration of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.
Appears in 1 contract
Samples: Agreement to Lease Amendment (Flagstone Reinsurance Holdings LTD)
OPTION TO RENEW. 2.5.1. 26.1 Tenant (or an Affiliate of Tenant) shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, right to extend the “Renewal Options”) to renew this term of the Lease for a one (1) additional five (5) year lease term of ten (10) years each (each, a the “Renewal Term”), on all upon the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, following conditions:
(a) Tenant is not in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and monetary default;
(b) as Tenant has not previously assigned the Lease, nor is it then subletting in excess of fifty percent (50%) of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter Premises;
(i.e. every twenty-four (24c) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect Tenant has delivered to the adjustment of Base Rent during the initial Term. Tenant shall deliver Landlord written notice to Landlord of Tenant’s election its intention to exercise a Renewal Option (“Renewal Notice”) this option, not less than nine seventeen (917) months, nor more than twenty-four fourteen (2414) months months, prior to the expiration date end of the original Lease Term; and
(d) All lease terms for the Renewal Term or shall be the then-same as in the Lease, except that the annual Base Rent for the Renewal Term shall be one hundred percent (100%) of the fair market rental rate (as of the time the Renewal Term is to commence) for similar space in buildings in the Bridgewater, New Jersey submarket (the “Market”). The fair market rental rate shall be calculated to include all then current Renewal Term, as applicable; market concessions for comparable renewal tenants in the Market. Landlord and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed use good faith efforts to have irrevocably waived and relinquished agree upon the Renewal Options.
2.5.2fair market rental rate for thirty (30) days after Landlord receives Tenant’s notice. For If they do not come to agreement within such thirty (30) day period, the purposes of this Lease, “Fair Market Rent” fair market rental rate shall be determined by Landlord, in its sole, but good faith, discretion based upon as follows:
(ai) the annual base rental rates then being charged Landlord and Tenant shall each select a duly licensed appraiser in the industrial market sector person of the geographic area where the Premises is situated for land onlyan experienced real estate broker, without taking into account the value each of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, whom must have at least ten (b10) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; years office leasing commissions; incentives being provided to tenants by landlords of comparable land experience in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluationMarket, all as reasonably determined employed by Landlord. In no eventa nationally recognized real estate services firm, however within fifteen (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (6015) days after receiving the applicable Renewal Notice.expiration of the foregoing 30-day negotiation period;
Appears in 1 contract
Samples: Office Lease Agreement (Synchronoss Technologies Inc)
OPTION TO RENEW. 2.5.1All provisions under the Lease and any exhibits thereto relating to renewal of the Lease are hereby replaced by the following: Tenant is granted the right to extend the term of this Lease beyond the expiration date of the term as set forth in this Third Amendment for one period of sixty (60) months (the "Extended Term"). Tenant shall have the may not exercise its Extension Right if it is then in default beyond any applicable cure period or if it has ever been in default beyond any applicable cure period more than two (2) consecutive options times in any twelve (each, a “Renewal Option” and collectively, the “Renewal Options”12) to renew this Lease for a term of ten (10) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Termmonth period. Tenant shall deliver may exercise its Extension Right by delivering written notice thereof to Landlord of Tenant’s election to exercise a Renewal Option not later than twelve (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (2412) months prior to the expiration date of the original Term or term. In the then-current Renewal Extended Term, as applicable; all terms and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes conditions of this LeaseLease shall apply, “except (i) there shall be no tenant improvement allowance, no right of first opportunity, and no further renewal rights, and (ii) the Base Monthly Rent for the first thirty-six (36) months of the Extended Term shall be ninety-five percent (95%) of the then prevailing market rate for a similar lease and term for similarly situated and improved space in the Bothell-Woodinville High-Tech Industrial Market (the unadjusted number being referred to herein as the "Fair Market Rent” "), provided that in no event shall the Base Monthly Rent for the Extended Term be less than the Base Monthly Rent for the last month of the initial term, and (iii) at the beginning of the thirty-seventh (37th) month of the Extended Term, Base Rent for the balance of the Extended Term shall be adjusted based upon the increase in the Consumer Price Index, all Urban Consumers, for the Seattle/Tacoma SMSA, published by the United States Department of Labor, Bureau of Labor Statistics ("Index") which is in effect on the first day of the Extended Term ("Beginning Index"). The corresponding index ("Extension Index") which is in effect on the first day of the thirty-seventh (37th) month of the Extended Term shall be used as a comparison in determining the amount of the Base Rent Increase. In calculating the CPI increase, the Base Monthly Rent shall be increased to equal the product achieved by multiplying the Base Monthly Rent due with respect to that first paying month of the Extended Term by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. If the method of computing the Index is changed from that in effect when the Beginning Index was established, then the Beginning Index and all Extension Indexes shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If during the Term, the Index is (a) discontinued or (b) revised without such a Conversion Factor being so published, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. Extension Rights shall apply to all of the Premises then under lease to Tenant. Tenant's Extension Right is personal and may not be exercised by any assignee or sublessee other than an Affiliate of Tenant or a successor by merger or consolidation. If Landlord and Tenant are not able to agree on the Fair Market Rent component of the Base Rent for the Extended Term within thirty days after Tenant's notice of election to renew, then such Fair Market Rent shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged arbitration as follows. Landlord and Tenant shall each select an appraiser with at least ten years experience in the office/high-tech industrial market sector in the eastside area. If the two appraisers are unable to agree within ten days after their selection, they shall select a similarly qualified third appraiser (the "Neutral Appraiser"). If the three appraisers are unable to agree unanimously on Fair Market Rent within fourteen (14) days after appointment of the geographic area where neutral Appraiser, the Premises is situated for land only, without taking into account issue shall be resolved by the value of any improvements thereon, which comparison land is utilized three appraisers in a manner comparable to accordance with the then-applicable utilization following procedure. The appraiser selected by each of the Premises, (b) for a lease term commencing on or about the commencement date parties shall state in writing his determination of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal supported by the reasons therefore with counterpart copies to the Base Rent in effect during the one (1) year period immediately preceding the expiration date each party. The appraisers shall arrange for a simultaneous exchange of such proposed resolutions. The role of the then-applicable term (Neutral Appraiser shall be to select which of the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s two proposed resolutions most closely approximates his determination of Fair Market Rent for Rent. The Neutral Appraiser shall have no right to propose a middle ground or any Renewal Termmodification of either of the two proposed resolutions. The resolution he chooses as most closely approximating his determination shall constitute the decision of the appraisers and be final and binding upon the parties. Each party shall bear cost of its own appraiser, in writing (and the “Base Rent Notice”) within sixty (60) days after receiving non-prevailing party shall pay the applicable Renewal Noticecosts of the Neutral Appraiser.
Appears in 1 contract
Samples: Lease (Icos Corp / De)
OPTION TO RENEW. 2.5.14.01. Tenant shall have Lessee is hereby granted the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) option to renew this Lease for a an additional term of ten three (103) years each (hereinafter called “extended term,”) beginning January 1, 2022, ending December 31, 2025, on similar terms, covenants and conditions herein contained, subject to the following conditions which shall be applicable to said extended term:
a. Lessee is not in default of this Lease.
b. Xxxxxx shall have received written notice of Lessee’s intention to exercise said option no later than December 31, 2020.
c. During the extended term, Lessee shall pay Lessor as minimum base rent, payable in thirty-six (36) successive monthly installments of $56,261.10 each, a “Renewal Term”)in advance, on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of such payment plus any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (additional rent as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated contemplated herein being due and payable on or before the first (1st) day of January 2022, and a biennial basislike payment being due and payable on or before the same day of each succeeding month thereafter until the final payment is made on December l, 2025.
4. The Lease, as modified by this First Amendment, and all obligations of Lessee are specifically conditioned upon Lessee’s ability to obtain any required extension and/or renewal of the Special Use Permit pursuant to that certain Development Agreement between the City of Mxxxxxx Place, Texas and Lessee’s predecessor-in-interest. This First Amendment shall in no way waive, limit or restrict Lessee’s rights under the Lease in the same manner event Lessee is unable to operate (or obtain all required permits and approvals required to operate) in the leased premises (including without limitation Lessee’s termination rights pursuant to Sections 7.07 and 19.01 of the Lease). The Lease (as applies with respect modified by this First Amendment) and all obligations of Lessee are further conditioned upon Lessee’s ability to obtain a lease amendment from the adjacent tract owner Beechnut FEC LLC extending the term of Lessee’s lease of such adjacent tract.
5. The parties hereby agree and acknowledge that notwithstanding anything contained in the Lease to the adjustment of Base Rent during contrary at the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date end of the original Term or term of the then-current Renewal TermLease (as extended hereby) Lessee shall only be obligated to surrender possession of the leased premises, as applicable; vacant and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlordbroom clean, in its sole“as is” condition and state of repair, but good faithsubject to reasonable wear and tear and damage caused by Lessor’s acts, discretion based upon (a) the annual base rental rates then being charged casualty, condemnation or other events of force majeure. The foregoing shall in the industrial market sector no way release Lessee from its obligations under Article 23 of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal NoticeLease.
Appears in 1 contract
Samples: Lease Agreement (Vroom, Inc.)
OPTION TO RENEW. 2.5.1All provisions under the Lease and any exhibits thereto relating to renewal of the Lease are hereby replaced by the following: Tenant is granted the right to extend the term of this Lease beyond the expiration date of the term as set forth in this Third Amendment for one period of sixty (60) months (the "Extended Term"). Tenant shall have the may not exercise its Extension Right if it is then in default beyond any applicable cure period or if it has ever been in default beyond any applicable cure period more than two (2) consecutive options times in any twelve (each, a “Renewal Option” and collectively, the “Renewal Options”12) to renew this Lease for a term of ten (10) years each (each, a “Renewal Term”), on all the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Termmonth period. Tenant shall deliver may exercise its Extension Right by delivering written notice thereof to Landlord of Tenant’s election to exercise a Renewal Option not later than twelve (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (2412) months prior to the expiration date of the original Term or term. In the then-current Renewal Extended Term, as applicable; all terms and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes conditions of this LeaseLease shall apply, “except (i) there shall be no tenant improvement allowance, no right of first opportunity, and no further renewal rights, and (ii) the Base Monthly Rent for the first thirty-six (36) months of the Extended Term shall be ninety-five percent (95%) of the then prevailing market rate for a similar lease and term for similarly situated and improved space in the Bothell-Woodinville High-Tech Industrial Market (the unadjusted number being referred to herein as the "Fair Market Rent” "), provided that in no event shall the Base Monthly Rent for the Extended Term be less than the Base Monthly Rent for the last month of the initial term, and (iii) at the beginning of the thirty-seventh (37th) month of the Extended Term, Base Rent for the balance of the Extended Term shall be adjusted based upon the increase in the Consumer Price Index, all Urban Consumers, for the Seattle/Tacoma SMSA, published by the United States Department of Labor, Bureau of Labor Statistics ("Index") which is in effect on the first day of the Extended Term ("Beginning Index"). The corresponding index ("Extension Index") which is in effect on the first day of the thirty-seventh (37th) month of the Extended Term shall be used as a comparison in determining the amount of the Base Rent Increase. In calculating the CPI increase, the Base Monthly Rent shall be increased to equal the product achieved by multiplying the Base Monthly Rent due with respect to that first paying month of the Extended Term by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. If the method of computing the Index is changed from that in effect when the Beginning Index was established, then the Beginning Index and all Extension Indexes shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If during the Term, the Index is (a) discontinued or (b) revised without such a Conversion Factor being so published, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. Extension Rights shall apply to all of the Premises then under lease to Tenant. Tenant's Extension Right is personal and may not be exercised by any assignee or sub lessee other than an Affiliate of Tenant or a successor by merger or consolidation. If Landlord and Tenant are not able to agree on the Fair Market Rent component of the Base Rent for the Extended Term within thirty days after Tenant's notice of election to renew, then such Fair Market Rent shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged arbitration as follows. Landlord and Tenant shall each select an appraiser with at least ten years experience in the office/high-tech industrial market sector in the eastside area. If the two appraisers are unable to agree within ten days after their selection, they shall select a similarly qualified third appraiser (the "Neutral Appraiser"). If the three appraisers are unable to agree unanimously on Fair Market Rent within fourteen (14) days after appointment of the geographic area where neutral Appraiser, the Premises is situated for land only, without taking into account issue shall be resolved by the value of any improvements thereon, which comparison land is utilized three appraisers in a manner comparable to accordance with the then-applicable utilization following procedure. The appraiser selected by each of the Premises, (b) for a lease term commencing on or about the commencement date parties shall state in writing his determination of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal supported by the reasons therefore with counterpart copies to the Base Rent in effect during the one (1) year period immediately preceding the expiration date each party. The appraisers shall arrange for a simultaneous exchange of such proposed resolutions. The role of the then-applicable term (Neutral Appraiser shall be to select which of the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s two proposed resolutions most closely approximates his determination of Fair Market Rent for Rent. The Neutral Appraiser shall have no right to propose a middle ground or any Renewal Termmodification of either of the two proposed resolutions. The resolution he chooses as most closely approximating his determination shall constitute the decision of the appraisers and be final and binding upon the parties. Each party shall bear cost of its own appraiser, in writing (and the “Base Rent Notice”) within sixty (60) days after receiving non-prevailing party shall pay the applicable Renewal Noticecosts of the Neutral Appraiser.
Appears in 1 contract
Samples: Lease (Icos Corp / De)
OPTION TO RENEW. 2.5.1. A. Tenant shall have the two option to extend the term of this Lease for an additional term of FIVE (25) consecutive options years (eachsuch five (5) year period commencing August 1, a “Renewal Option” 2016 and collectivelyending on July 31, 2021 (dates inclusive) being the “Renewal Options”) to renew this Lease for a term of ten (10) years each (each, a “Renewal TermPeriod”), on all upon the same terms and conditions as provided herein except that (i) Tenant shall not have an option to add the Adjacent Unit to the demised premises and (ii) the annual base rent payable during the Renewal Period shall be as set forth in this LeaseAgreement, and except that initial Base Rent during Tenant shall have no further extension options; provided that the first twenty-four (24) months Option Requirement is met. If all of any Renewal Term (“Initial Renewal Rent”) the aforesaid conditions are not met, then the option to extend the term of this Lease shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Termdeemed waived. Tenant shall deliver give written notice to Landlord on or before November 1, 2015 of Tenant’s its election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to extend the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Options.
2.5.2. For the purposes term of this Lease, “Fair Market Rent” or such option shall be determined by Landlorddeemed waived. If the extension option shall be duly and timely exercised, the parties will, at the request of either, execute an agreement in its soleform for recording, but good faithevidencing such extension and all references in this Lease to the term hereof shall be deemed to mean the term as so extended, discretion based upon except where expressly otherwise provided. If the term of this Lease is duly extended as herein provided and Tenant failed to timely exercise Tenant’s option for the Adjacent Unit (a) i.e., the demised premises consists of Suite 512 only), then the annual base rental rates then being charged in rent payable by Tenant under the industrial market sector of Lease shall be amended so that during the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into considerationPeriod it shall be as follows: the geographic location, greater of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall i) the Fair Market Rent Rental (hereinafter defined) for the demised premises for the Renewal Period or (ii) $37,551.86 for the first year of the Renewal Period, $38,678.42 for the second year of the Renewal Period, $39,838.77 for the third year of the Renewal Period, $41,033.94 for the fourth year of the Renewal Period and $42,264.95 for the last year of the Renewal Period. If, however, the term of this Lease is duly extended as herein provided and Tenant timely exercise Tenant’s option for the Adjacent Unit (i.e., the demised premises consists of Suite 512 and Suite 508), then the annual base rent payable by Tenant under the Lease shall be less than an amount equal to the Base Rent in effect amended so that during the one Renewal Period it shall be as follows: the greater of (1i) the Fair Market Rental (hereinafter defined) for the demised premises for the Renewal Period or (ii) $54,748.51 for the first year period immediately preceding the expiration date of the then-applicable term (Renewal Period, $56,390.96 for the “second year of the Renewal Rent Floor”). Landlord shall notify Tenant Period, $58,082.69 for the third year of Landlord’s determination the Renewal Period, $59,825.17 for the fourth year of Fair Market Rent the Renewal Period and $61,619.93 for any the last year of the Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal NoticePeriod.
Appears in 1 contract
Samples: Office/Loft Lease (Etsy Inc)
OPTION TO RENEW. 2.5.1. 35.1 Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) option to renew this Lease for a one (1) additional term of ten five (105) years each years, commencing upon the expiration of the initial Lease Term. The renewal option must be exercised, if at all, by written notice given by Tenant to Landlord not later than nine (each9) months nor earlier than twelve (12) months prior to expiration of the initial Lease Term. Notwithstanding the foregoing, a “Renewal Term”at Landlord’s election, this renewal option shall be null and void and Tenant shall have no right to renew this Lease if on the date that Tenant exercises its renewal option or as of the date immediately preceding the commencement of the renewal period: (a) Tenant is not in, and has not during the Lease Term been in, default under the Lease beyond any applicable cure periods; (b) all or any portion of the Premises is sublet (other than to an Affiliate of Tenant); (c) the Lease has been assigned prior to such date; (d) the Tenant originally named herein is not occupying the Premises; or (e) the Premises is not intended for the exclusive use of Tenant during the renewal term.
35.2 If Tenant exercises the renewal option, on then all of the same terms and conditions set forth in this LeaseLease as applicable to the Premises during the initial Lease Term shall apply during the renewal term, except that initial (a) Tenant shall have no further right to renew this Lease, (b) Tenant shall take the Premises in 1131701.06/SF372493-00050/1-31-20/pwn/pwn -31- their then “as-is” state and condition, (c) the rates for parking in the Building shall be as reasonably determined by Landlord based on the then current rates for parking in the Building, and (d) subject to section 35.5 below, the Base Rent payable by Tenant for the Premises shall be the then fair market rent for the Premises based upon the terms of this Lease, as renewed. Fair market rent shall include the periodic rental increases, if any, that would be included for space leased for the period the space will be covered by the Lease.
35.3 For purposes of this Article 35, the term “fair market rent” shall mean the rental rate for comparable space under primary lease (and not sublease) to new tenants, taking into consideration the quality of the Building and such amenities as existing improvements and the like, situated in similar buildings in comparable locations in the Sorrento Mesa submarket of San Diego, California, in comparable physical and economic condition, taking into consideration the then prevailing ordinary rental market practices with respect to tenant concessions (if any) (e.g., not offering extraordinary rental, promotional deals and other concessions to tenants which deviate from what is the then prevailing ordinary practice in an effort to alleviate cash flow problems, difficulties in meeting loan obligations or other financial distress, or in response to a greater than average vacancy rate).
35.4 The fair market rent shall be mutually agreed upon by Landlord and Xxxxxx in writing within the thirty (30) calendar day period commencing four (4) months prior to commencement of the renewal period. If Landlord and Tenant are unable to agree upon the fair market monthly rent within said thirty (30) day period, then the fair market rent shall be established by appraisal in accordance with the procedures set forth in Exhibit D attached hereto.
35.5 Notwithstanding anything in the foregoing or Exhibit E attached hereto to the contrary, in no event shall the Base Rent during the first twenty-four renewal period be less than the amount of Base Rent payable by Tenant (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% for all of the Base Rent in effect Premises leased hereunder) under this Lease for the calendar month immediately preceding the commencement date of the then-applicable Renewal Term, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to the expiration date of the original Term or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Optionsrenewal period.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.
Appears in 1 contract
Samples: Lease (Dexcom Inc)
OPTION TO RENEW. 2.5.1. Landlord hereby grants to Tenant shall have the two (2) consecutive options (each, a “Renewal Option” and collectively, the “Renewal Options”) option to renew this Lease for a one (1) additional term of ten five (105) years each (eachyears, a “Renewal Term”), on all which shall commence upon the same terms and conditions set forth in this Lease, except that initial Base Rent during the first twenty-four (24) months of any Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% expiration of the Base Rent in effect immediately preceding the commencement date of the then-applicable Renewal Termoriginal term. Such option, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of the commencement of each Renewal Term and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase at the rate of three percent (3.0%) per annum, compounded annually, but actually effectuated and payable on a biennial basis, in the same manner as applies with respect to the adjustment of Base Rent during the initial Renewal Term. , shall only be exercised by Tenant shall deliver written notice mailing to Landlord (ATTN: Executive Vice President -- Leasing), at Landlord's Notice Address, by United States mail, postage prepaid, certified or registered, return receipt requested, with a copy to the attention of Tenant’s election to Managing Attorney -- Legal Leasing, notice of the exercise a Renewal Option of such option, not later than one hundred eighty (“Renewal Notice”180) not less than nine (9) months, nor more than twenty-four (24) months days prior to the expiration date of the original Term term. No exercise of any option herein granted shall be effective if any default under or breach of this Lease (a) exists either at the then-current time of exercise or on the expiration of the term during which it was exercised. In the event such option is effectively exercised with respect to the Renewal Term, as applicableall terms and conditions of this Lease shall be applicable to such Renewal Term except that:
(i) The Minimum Annual Rent due and payable by Tenant to Landlord for each Lease Year of the Renewal Term shall be [***] per square foot of Store Floor Area, or [***] per annum (based on the approximated Store Floor Area set forth in Section 2.1 hereof), payable in equal monthly installments, in advance upon the first day of each and every month during the renewal term; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then and
(ii) Tenant shall automatically be deemed to have irrevocably waived and relinquished no further renewal options after the Renewal Options.
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector expiration or sooner termination of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Noticeoption hereinabove set forth.
Appears in 1 contract
OPTION TO RENEW. 2.5.1. Tenant X. Xxxxxx shall have the two right, at its election made in its sole discretion, to extend the Term (2) consecutive options (each, a the “Renewal Option” and collectively, the “Renewal Options”) to renew this Lease for a term of ten (10) years each the additional periods set forth in Section 1.F (each, a “Renewal Term”), on all provided that each of the following occurs:
1. Landlord receives irrevocable written notice of exercise of the Renewal Option (the “Renewal Notice”), not less than twelve (12) full months prior to the expiration of the then existing Term (or Renewal Term, as case may be); and
2. There is no uncured Event of Default beyond any applicable notice and cure period at the time that Tenant delivers the Renewal Notice.
B. The Renewal Term shall be upon the same terms and conditions as in this Lease except: (i) Base Rent for the initial three (3) additional periods of five (5) years each shall be as set forth in this LeaseExhibit A attached hereto and made a part hereof; and (ii) for the remaining three (3) additional periods of five (5) years each, except that initial Base Rent during for the first twenty-four (24) months year of any the applicable Renewal Term (“Initial Renewal Rent”) shall be equal to Fair Market Rent (as defined in Section 2.5.2 below); provided, however, the greater of (a) in no event may the Initial Renewal Rent, on a per annum basis, be any greater than 105% one hundred and two percent (102%) of the Base Rent in effect for the immediately preceding the commencement date of the then-applicable Renewal Termlease year, nor shall the Initial Renewal Rent be any less than the Renewal Rent Floor, as defined below; and (b) as of the second anniversary of then Market Rate for the commencement of each Renewal Term Premises, and on each second anniversary thereafter (i.e. every twenty-four (24) months) through the remainder of that Renewal Term, the Base Rent shall increase by two percent (2%) annually during each such Renewal Term. “Market Rate” for the Premises shall mean the Base Rent rate (including escalations) that the Premises would be expected to be leased for, for a term commencing on the applicable commencement date and ending on the applicable expiration date, in its then-existing condition, in an arms-length transaction between a willing landlord and tenant in the commercial space market existing in the vicinity of the Premises at the time such rate is established. Such determination shall include consideration of three percent (3.0%i) per annumthe size and location of the Premises, compounded annuallyand the quality of, condition of, and the nature of the improvements in, the Building, but actually effectuated and payable on a biennial basis, shall exclude the value of improvements installed by Tenant in the same manner as applies with respect Premises that are to be removed by Xxxxxx at the expiration of the Term; (ii) other Comparable Buildings to the adjustment Building; (iii) other comparable leasing transactions in comparable locations in the vicinity of the Premises for new leases (with appropriate adjustments for different size premises and different length terms), and the rents and concessions, allowances and commissions granted along with the other terms of such transactions; and (iv) the financial condition of Tenant, provided, however, that in no event shall the Market Rate be less than the rate of Base Rent during the initial Term. Tenant shall deliver written notice to Landlord of Tenant’s election to exercise a Renewal Option (“Renewal Notice”) not less than nine (9) months, nor more than twenty-four (24) months prior to in effect at the expiration date of the original then current Term (or the then-current Renewal Term, as applicable; and if Tenant fails to timely deliver a Renewal Notice to Landlord, then Tenant shall automatically be deemed to have irrevocably waived and relinquished the Renewal Optionscase may be).
2.5.2. For the purposes of this Lease, “Fair Market Rent” shall be determined by Landlord, in its sole, but good faith, discretion based upon (a) the annual base rental rates then being charged in the industrial market sector of the geographic area where the Premises is situated for land only, without taking into account the value of any improvements thereon, which comparison land is utilized in a manner comparable to the then-applicable utilization of the Premises, (b) for a lease term commencing on or about the commencement date of the applicable Renewal Term and equal in duration to the applicable Renewal Term, and (c) taking into consideration: the geographic location, of the Premises; the extent of service to be provided to the proposed tenant thereunder; applicable distinctions between “gross” and “net” leases; the creditworthiness and quality of Tenant; leasing commissions; incentives being provided to tenants by landlords of comparable land in the geographic area in which the Premises is located; and any other relevant term or condition in making such evaluation, all as reasonably determined by Landlord. In no event, however (and notwithstanding any provision to the contrary in this Section 2.5), shall the Fair Market Rent be less than an amount equal to the Base Rent in effect during the one (1) year period immediately preceding the expiration date of the then-applicable term (the “Renewal Rent Floor”). Landlord shall notify Tenant of Landlord’s determination of Fair Market Rent for any Renewal Term, in writing (the “Base Rent Notice”) within sixty (60) days after receiving the applicable Renewal Notice.
Appears in 1 contract
Samples: Lease Agreement (Citi Trends Inc)