Options to Extend. (a) Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may extend the original Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration of the term of the immediately preceding period. With respect to each such extended term, Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended. (b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Samples: Ground Sublease (Minimed Inc)
Options to Extend. (a) OPTION TO EXTEND. Tenant with shall have the prior written consent of Landlordright and option, which consent said option and right shall not be unreasonably withheldsevered from this Lease or separately assigned, may mortgaged or transferred, to extend the original Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one two (12) additional period of ten (10) years, followed by six (6) additional consecutive periods of five (5) years eacheach (hereinafter referred to respectively as the "First Extension Period" and the "Second Extension Period" and sometimes individually as an "Extension Period"), each such period commencing upon the expiration of the term of the immediately preceding period. With respect to each such extended term, provided that (a) Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention exercise of such option at least nine (9) full calendar months prior to exercise said option not more than thirty the expiration of (30i) months and not less than twenty four (24) months before the end Original Term in the case of the Term then option with respect to the First Extension Period and (ii) the First Extension Period in effect. Within sixty the case of the option with respect to the Second Extension Period and (60b) days no Event of Default (after Landlord's receipt expiration of said noticeapplicable notice and cure periods, Landlord if any) shall advise exist at the time of giving each applicable notice and on the date of the commencement of each respective Extension Period and (c) the original Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references named in this Lease or its Affiliate is itself occupying the entire Premises both at the time of giving the applicable notice and at the time of commencement of the applicable Extension Period. Except for the amount of Annual Fixed Rent (which is to be determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be applicable to the Term hereof shall be considered to mean additional periods through which the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at extended as aforesaid, except that there shall be no further options to extend the time Term of this Lease beyond the Second Extension Period, nor shall Landlord be obligated to make or pay for any improvements to the Premises nor pay any inducement payments of any kind or nature. If Tenant shall give notice of its exercise of an each such option to extend is given in the manner and on within the last day of time period provided aforesaid, the Term of this Lease shall be extended upon the Lease prior giving of each such notice without the requirement of any further attention on the part of either Landlord or Tenant except to the extent necessary to determine the Annual Fixed Rent as hereafter set forth. Landlord hereby reserves the right, exercisable by Landlord in its extension; and sole discretion, to waive (iiin writing) any condition precedent set forth in clauses (a), (b) or (c) above. If Tenant shall fail to give timely notice of the exercise of any such option as aforesaid or if any of the conditions set forth above are not be in Default under any provision satisfied as and when specified herein, Tenant shall have no right to extend the Original Term of this Lease, time being of the essence of the foregoing provisions. Failure of Tenant to timely exercise its option with respect to the First Extension Period shall terminate Tenant's rights with respect to the option for the Second Extension Period. Any termination of this Lease at Agreement shall terminate the time notice of exercise rights hereby granted Tenant. The Annual Fixed Rent payable for each twelve (12) month period during each Extension Period shall be 97.5% of the option Fair Market Rental Value (as said term is given nor shall hereinafter defined) calculated an Uncured Default exist each case as of the last day commencement of the Term prior to its extension.applicable Extension Period but in no event less than the Annual Fixed Rent plus Additional
Appears in 1 contract
Samples: Lease (Genzyme Transgenics Corp)
Options to Extend. Paragraph X of the Lease is amended to read as follows: Landlord hereby grants to Tenant three (a3) five (5)-year options to extend the term of the Lease. On condition that Tenant with is not then in default under any of the terms and conditions of the Lease beyond any applicable notice and cure periods, Tenant may exercise each of the options to extend by giving Landlord at least one hundred eighty (180) days prior written consent notice of Landlord, which consent shall not be unreasonably withheld, may extend its exercise of the original Term applicable option to extend. All of this Lease, subject to all the provisions terms and conditions of this Lease including but shall be in effect during each of the extended terms, except that the annual rental to be paid by Tenant during the first year of the applicable extended term shall be adjusted to equal the fair market rental value of the Premises as of the first day of such extended term, as Landlord and Tenant shall agree as provided in the following paragraph. If Tenant has timely exercised its option to extend as set forth above, Landlord shall promptly give Tenant notice of Landlord's opinion of the fair market rental value (as defined below) applicable to the Premises during the first year of the extended term. Thereafter, Landlord and Tenant shall attempt to agree in good faith in writing on such fair market rental value. If Landlord and Tenant do not limited agree in good faith on the fair market rental value of the Premises by the date which is one hundred twenty (120) days prior to provisions for increases in Rentthe end of the original term, for or current renewal term, as applicable, then Landlord and Tenant shall each select, within fifteen (15) days after such one hundred twentieth (1120th) additional period of ten day, an appraiser (10the "Appraisers") years, followed by six (6) additional periods with a minimum of five (5) years eachexperience appraising real property for commercial rental purposes in the Reno, each such period commencing upon Nevada area, to determine the expiration fair market rental value of the term of the immediately preceding period. With respect to each such extended term, Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effectPremises. Within sixty fifteen (6015) days after Landlord's receipt of said noticeappointment, Landlord the Appraisers shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state mutually select a third appraiser (the reasons for withholding consent. Landlord's failure to respond within sixty (60"Neutral Appraiser") days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease who has the same minimum qualifications as provided below at Section 4.5, Landlord's Special Right of Termination, the Appraisers and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.who has not
Appears in 1 contract
Samples: Commercial Lease (Intuit Inc)
Options to Extend. Provided no Event of Default under this Lease has occurred and is CONTINUING, TENANT shall have the right and option, exercisable by giving Landlord written notice at least nine (a9) Tenant with months prior to the prior written consent expiration of Landlordthe initial Term, which consent shall not be unreasonably withheld, may to to extend the original Lease Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten four (10) years, followed by six (6) additional periods of five (54) years each(the "Extended Term") and, each upon the giving of such notice, this Lease shall automatically be extended for such four (4) year period commencing and no further agreement of extension need be executed. In the even that Tenant fails to give such notice to Landlord as herein provided, this Lease shall automatically terminate at the end of the then current Lease Term and Tenant shall have no further right or option to extend this Lease. The Extended Term shall be upon the same covenants, agreements, provisions, terms and conditions as during the original Lease Term except that the Annual Fixed Rent during the Extended Term shall equal the Fair Market Rent for the Leased Premises, but not less than the aggregate rent paid during the last year of the initial Term. The "Fair Market Rent" for the Leased Premises shall mean the rent for comparable space in a Class A mid-rise building in lower Bucks County for a new tenant entering into a new four (4) year lease and with the Operating Expense Allowance being adjusted to reflect the expense allowance used in calculating the Fair Market Rent. At least nine (9) months prior to the expiration of the term then current Lease Term, Tenant may request Landlord to quote the Fair Market Rent effective for the first day of the immediately preceding periodExtended Term. With respect to each such extended termIf Tenant objects thereto, Landlord and Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) negotiate for a period of Tenant's intention to exercise said option not more than thirty (30) months days to determine whether the Fair Market Rent can be agreed upon. In the event Landlord and Tenant cannot less than twenty four agree on the Fair Market Rent within such thirty (2430) months before the end day period, Landlord and Tenant shall mutually select a real estate appraiser (MAI or equal) knowledgeable of the Term then rents obtained in effect. Within sixty (60) days after Landlord's receipt of said noticeClass A mid-rise office buildings in lower Bucks County, Landlord shall advise Tenant in writing whether Landlord consents or does not consent submit to such extended term. If appraiser the lowest Annual Fixed Rent which Landlord does not consent is willing to accept, together with any information with respect thereto that Landlord deems relevant and Tenant shall submit to such extended termappraiser the highest Annual Fixed Rent which Tenant is wining to pay, together with any information with respect thereto that Tenant deems relevant, and the appraiser will then select which of Landlord's written notice or Tenant's submissions most clearly reflect the Fair Market Rent for Class A mid-rise office buildings in lower Bucks County for new leases for a four (4) year term as aforesaid. The appraiser's decision shall state the reasons for withholding consent. Landlord's failure to respond be rendered within sixty forty-five (6045) days after its receipt following his selection and to determine the Fair market rent of Tenant's notice of intention to exercise its option the leased premises as aforesaid. Such determination shall be deemed to be a grant of consent. If final, binding and or conclusive on Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extendedTenant.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Options to Extend. All existing options to renew the Lease or extend the Term set forth in the Lease are deleted, and are replaced with the option to extend the Term set forth in the balance of this Paragraph 4.
(a) Tenant with shall have the prior written consent of Landlord, which consent shall not be unreasonably withheld, may option to extend the original Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years eachyears, each provided that Tenant gives Landlord written notice of the exercise of such period commencing upon option on or before the date that is twelve (12) months prior to the expiration of the then-existing period constituting the Term, and that at the time such notice is given and on the commencement of the extension term concerned, (i) this Lease is in full force and effect, (ii) Tenant is not in default under the Lease beyond the expiration of any applicable notice and cure period given to Tenant in the Lease, (iii) Tenant has not assigned this Lease or subleased all or any portion of the Premises under any then-existing sublease, and
(iv) such extension is not being exercised in connection with or for the purpose of facilitating any such assignment or sublease. Such extension term shall commence at 12:01 a.m. on the first day following the expiration of the immediately preceding period. With respect to each such extended term, Tenant shall give Landlord written notice (in period constituting the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extendedTerm.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term During such extension term, all provisions of the Lease prior to its extension; and (ii) Tenant shall not be in Default under apply, except for any provision of this Lease at relating to the time notice of exercise improvement of the option Premises by Landlord or at Landlord’s expense, and except that the amount of Base Rent for such extension term shall be negotiated and determined by mutual agreement between the Parties, and shall be the then-market rent for the Premises. The term “then-market rent” as used in the immediately preceding sentence shall mean the annual amount, projected during such extension term, that a willing, comparable, non-equity tenant (excluding assignment and sublease transactions) would pay, and a willing, comparable landlord of a comparable building located in the same market as the Building would accept, at arm’s length (without compulsion to agree) for lease extensions or renewals (including what Landlord is accepting for current lease extension or renewal transactions for the Building), for general office space of similar rentable square footage, location and quality, but excluding consideration of tenant improvement allowances and lease concessions, if any, then being given nor shall an Uncured Default exist as by the landlords of the last day of the Term prior to its extensionsuch similar projects unless such tenant improvement allowances and lease concessions are then being given by such persons in connection with lease extensions or renewals.
Appears in 1 contract
Samples: Agreement of Lease
Options to Extend. (a) Provided the Tenant with is not in default under this Lease beyond applicable cure periods at the prior written consent of Landlordtime the Tenant delivers the applicable Extension Notice (as defined below), which consent the Tenant shall not be unreasonably withheld, may have [redacted] separate consecutive options to extend the original Term of this LeaseTerm, subject to all the provisions of this Lease including but not limited to provisions in each case for increases in Rent, for one (1) additional a further period of ten [redacted] (10) years, followed by six (6) additional periods of five (5) years each, an “Extension Term”), each such period commencing upon option exercisable by written notice to the expiration Landlord (the “Extension Notice”) given no later than [redacted]and no earlier than [redacted]prior to the expiry of the term of Initial Term or the immediately preceding periodthen current Extension Term, as the case may be (the “Extension Notice Expiration Date”). With respect to each Each such extended term, Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Extension Term shall be considered on the same terms and conditions as the Initial Term, save and except that Basic Rent shall be determined in accordance with paragraph 22.1(b) or 22.1(c), as applicable, the Tenant shall have no further right of extension beyond the second Extension Term, the Landlord will have no obligation to mean pay or provide to the end Tenant any allowance, concession or inducement of any nature, or provide any free rent or discounted rent of any nature, or provide any fixturing period, or do or perform any work in the Term as extendedPremises.
(b) Tenant's right to exercise the option to extend The Basic Rent for each period is subject Extension Term shall be agreed upon by the Landlord and the Tenant prior to satisfaction the commencement of the following conditions precedent: (i) this Lease applicable Extension Term and shall be the then current fair market basic rent for the Premises, being the basic rent which would be paid for the Premises in effect at its current condition as of the time notice commencement of exercise the subject Extension Term, including all Leasehold Improvements installed or placed in the Premises. In determining the then current fair market basic rent for the Premises, all relevant circumstances must be considered and applied, including without limitation the basic rent payable for comparable premises in a building of similar size, age and location as the Building, provided that under no circumstances will Basic Rent for any Extension Term be less than the Basic Rent applicable during the last year of the Initial Term in respect of the first Extension Term and during the last year of the first Extension Term in respect of the second Extension Term.
(c) Failing agreement by the parties as to the Basic Rent for any Extension Term by not later than 60 days prior to the commencement of the particular Extension Term, either party may submit the matter to a single arbitrator appointed under the Arbitration Act (British Columbia), whose decision will be final and binding upon the Tenant and the Landlord. The cost of the arbitration will be borne by the Landlord and the Tenant equally. In the event that the Basic Rent payable during any Extension Term has not been agreed upon or determined by the date of commencement of the particular Extension Term, the Tenant shall pay by way of provisional Basic Rent on the first day of the first month of that Extension Term, an option amount equal to extend is given the monthly instalment of Basic Rent payable in the month immediately preceding the commencement of such Extension Term, and on the last first day of each and every month thereafter the Tenant shall continue to pay such monthly amount until the new Basic Rent is agreed upon or determined, and, upon the Basic Rent being so agreed upon or determined an appropriate adjustment of Basic Rent shall be made, if required, on the first day of the Term month next following the month in which the new Basic Rent is so agreed upon or determined, retroactive to the commencement of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionapplicable Extension Term.
Appears in 1 contract
Options to Extend. (a) 11.1 Subject to the provisions hereinafter set forth in this Article XI, Landlord hereby grants Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may options to extend the original Term of on the same terms, conditions and provisions as contained in this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rentexcept as otherwise expressly provided herein, for one three (13) additional period of ten (10) years, followed by six (6) additional periods of five (5) years eacheach (collectively the "Extension Periods," or individually an "Extension Period," as applicable). If exercised in accordance herewith, the first Extension Period shall commence on the first (1st) day after the Expiration Date and each such period commencing upon successive Extension Period shall commence on the day after the expiration of the term immediately preceding Extension Period.
11.2 Said options to extend each shall be exercisable in the following manner:
(a) Not less than ninety (90) days prior to the Expiration Date or the last day of the immediately preceding period. With respect to each such extended termapplicable Extension Period, Tenant shall give Landlord Tenant, by written notice to Landlord ("Extension Notice"), may exercise Tenant's option to extend for the next occurring Extension Period. If an option to extend the Term, as the same may have been previously extended, is not extended in the manner prescribed by Section 18.6) of aforesaid manner, the Term and Tenant's intention rights hereunder and its rights to exercise said option not more than thirty (30) months occupy and not less than twenty four (24) months before possess the end Premises shall expire on the Expiration Date, or the last day of the Term then in effect. Within sixty (60) days after Landlord's receipt of said noticeapplicable Extension Period, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state as the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant case may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extendedbe.
(b) Tenant's right Subject to exercise Section 11.3 hereof, if Tenant delivers an Extension Notice as aforesaid, the option to extend Term shall be extended on the same terms, conditions and provisions as contained herein
11.3 Rent during the first Extension Period shall equal the Rent payable during the initial Term hereof, increased by the Increase Percentage, as that term is hereinafter defined, for the initial Term. Rent during the remaining Extension Period(s) shall equal the Rent payable during the immediately preceding Extension Period, increased by the Increase Percentage for the immediately preceding Extension Period. "Increase Percentage" shall mean the aggregate sum, for each period is subject to satisfaction year during the Term or relevant Extension Period, as the case may be, of the following conditions precedent: lesser of (i) this Lease shall be the percentage increase in effect at the time notice Consumer Price Index over the immediately preceding twelve (12) months, as calculated utilizing the Consumer Price Index for the month of exercise of an option to extend is given and on June in the last day of the Term of the Lease prior to its extension; relevant year, and (ii) Tenant Four and One-Half Percent (4.5%). By way of example only, if the annual increase in Consumer Price Index, as calculated in accordance with the foregoing, during the initial Term is, respectively, 2%, 5%, 1%, 6% and 4.7%, the Increase Percentage to be used in calculating Rent payable during the first Extension Period shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.equal Sixteen and One-Half
Appears in 1 contract
Samples: Industrial Building Lease (LKQ Corp)
Options to Extend. (a) If the Tenant with is not then in default under the Lease and has not been in recurrent default under the Lease during the Term, the Tenant shall have the right on written request delivered to the Landlord not less than six (6) months prior written consent to the expiry of Landlord, which consent shall not be unreasonably withheld, may the initial Term to extend the original Term of this Lease, subject to all for the provisions of this Lease including but not limited to provisions Building Premises for increases in Rent, for one (1one(1) additional further period of ten (10) years, followed by six (6years ( THE "FIRST EXTENSION TERM") additional periods of five (5) years each, each such period commencing upon after the expiration expiry of the term initial Term, on the same terms and conditions as set out in the Lease, save and except for any further option to extend and Base Rent for the Building Premises. The Base Rent payable during such Ten (10) year extension shall be the then current market rent for comparable unfixtured space in the vicinity of the immediately preceding periodBuilding and with similar exposure to Highway 400. With respect If the parties are unable to each such agree on the Base Rent for the extended termTerm within ninety (90) days prior to the expiry date of the then current Term, the Tenant shall give Landlord written notice have the right to submit the issue of the amount of the Base Rent payable during such first extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent shall in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and any event be not less than twenty four the Base Rent paid by the Tenant in the twelve (2412) months before immediately preceding the end expiry date of the Term then Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions of such extension, which may be in effect. Within sixty (60) days after the form of the Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended termthen current Lease for the Building. If Landlord does not consent the Tenant fails or neglects to submit the issue of the Base Rent payable during such extended termfirst extension to arbitration within the aforesaid ninety (90) days, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option Tenant shall be deemed to be a grant for all purposes of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to have accepted the Term hereof shall be considered to mean Base Rent stipulated by the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extendedLandlord.
(b) Tenant's If the Tenant has exercised the right to exercise the first extension of the Term as aforesaid and is not then in default under the Lease and has not been in recurrent default under the Lease during the first extension of the Term, the Tenant shall have the right on written request delivered to the Landlord not less than six (6) months prior to the expiry of the first extension Term to extend the Term for the Building Premises for one (1) further period of ten(10) years ( the "SECOND EXTENSION TERM") on the same terms and conditions, save and except for any further option to extend and Base Rent, which shall be negotiated. The Base Rent payable during such second extension Term shall be the then current market rent for each period is subject to satisfaction comparable unfixtured space in the vicinity of the following Building and with similar exposure to Highway 400. If the parties are unable to agree on the Base Rent for the second extension Term within ninety( 90) days prior to the expiry date of the first extension Term, the Tenant shall have the right to submit the issue of the amount of Base Rent payable during such second extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent in any event shall be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of the first extension Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions precedent: of such extension, which may be in the form of the Landlord's then current Lease for the Building. If the Tenant fails or neglects to submit the issue of the Base Rent payable during such second extension Term to arbitration within the aforesaid ninety (i90) days, the Tenant shall be deemed for all purposes of this Lease to have accepted the Base Rent stipulated by the Landlord.
(c) If the Tenant is not then in default under the Lease and has not been in recurrent default under the Lease during the Term, the Tenant shall be have the right on written request delivered to the Landlord not less than six (6) months prior to the expiry of the initial Term for the Land Area, to extend the Term for the Land Area for one(1) further period of ten (10) years ( THE " FIRST EXTENSION TERM") after the expiry of the initial Term, on the same terms and conditions as set out in effect at the time notice of exercise of an Lease, save and except for any further option to extend and Base Rent. The Base Rent payable during such Ten (10) year extension shall be the then current market rent for comparable unfixtured space in the vicinity of the Building and with similar exposure to Highway 400.If the parties are unable to agree on the Base Rent for the extended Term within ninety ( 90) days prior to the expiry date of the then current Term, the Tenant shall have the right to submit the issue of the amount of the Base Rent payable during such first extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent shall in any event be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of the Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions of such extension, which may be in the form of the Landlord's then current Lease for the Building. If the Tenant fails or neglects to submit the issue of the Base Rent payable during such first extension Term to arbitration within the aforesaid ninety (90) days, the Tenant shall be deemed for all purposes of this Lease to have accepted the Base Rent stipulated by the Landlord. The Tenant's option to extend the Term for the Land Area beyond the initial Term is given and conditional on the Landlord obtaining consent under the Planning Act, (Ontario) to extend the term of the Lease for the Land Area beyond the initial Term thereof. If the Landlord does not obtain such consent, the Lease for the Land Area shall terminate on the last day of the initial Term for the Land Area. All costs and expenses for related to the obtaining such consent under the Planning Act (Ontario) shall be borne by the Tenant, including , without limitation, all legal fees and disbursements in connection therewith.
(d) If the Tenant has exercised the right to the first extension of the Term for the Land Area and the Landlord has obtained the consent for such extension required under the Planning Act, Ontario as aforesaid and the Tenant is not then in default under the Lease and has not been in recurrent default under the Lease during the first extension of the Term, the Tenant shall have the right on written request delivered to the Landlord not less than six (6) months prior to its extension; the expiry of the first extension Term to extend the Term for the Land Area for one (1) further period of fifteen(15) years ( the "SECOND EXTENSION TERM") on the same terms and conditions, save and except for any further option to extend and Base Rent, which shall be negotiated. The Base Rent payable during such second extension Term shall be the then current market rent for comparable unfixtured space in the vicinity of the Building and with similar exposure to Highway 400. If the parties are unable to agree on the Base Rent for the second extension Term within ninety (ii90) days prior to the expiry date of the first extension Term, the Tenant shall have the right to submit the issue of the amount of Base Rent payable during such second extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent in any event shall be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of the first extension Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions of such extension, which may be in Default under any provision the form of the Landlord's then current Lease for the Building. If the Tenant fails or neglects to submit the issue of the Base Rent payable during such second extension Term to arbitration within the aforesaid ninety (90) days, the Tenant shall be deemed for all purposes of this Lease at to have accepted the time notice of exercise of Base Rent stipulated by the Landlord. The option provided in Section 1.6(c) hereof to extend the Term for the Land Area is conditional on and can only be exercised by the Tenant if the Tenant has exercised the option is given nor shall an Uncured Default exist as of to extend the last day of term for Building Premises pursuant to Section 1.6(a). The option provided in Section 1.6(d) hereof to extend the Term prior for the Land Area is conditional on and can only be exercised by the Tenant if the Tenant has exercised the option to its extensionextend the term for Building Premises pursuant to Section 1.6(b).
Appears in 1 contract
Samples: Lease Agreement (Beaconsfield I Inc)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant with the prior written consent of shall deliver to Landlord, which consent shall not be unreasonably withheld, may extend the original Term of this Lease, subject no less than eighteen (18) months prior to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration of the term of the immediately preceding period. With respect to each such extended termCurrent Term, Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6each, an “Extension Notice”) of Tenant's its intention to exercise said option not more than thirty (30) months and not the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than twenty four (24) months before the end all of the Term Premises then being leased, then Tenant must indicate in effect. Within sixty the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (60b) days after Landlord's receipt of said noticeand (c) below, Landlord but shall advise otherwise be determined by Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extendedsole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant's ’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for each period is subject any succeeding Renewal Term shall not apply to satisfaction any portion of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under Premises surrendered during any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionprevious Renewal Term.
Appears in 1 contract
Samples: Sublease Agreement (Red Hat Inc)
Options to Extend. (a) Provided that Tenant with is not then in default under the prior written consent of Landlord, which consent shall not be unreasonably withheld, may extend the original Term terms of this Lease, subject Tenant shall have two (2) successive options to all extend the provisions of this Lease including but not limited term hereof, each extension to provisions be for increases in Rent, for one (1) additional a period of ten (10) years, followed by six (6) additional periods of five (5) years eachyears. Each of said options shall be exercised by written notice to Landlord, each such period commencing upon delivered not less than six (6) months prior to the expiration of the term said term. Each of the immediately preceding period. With respect to each such extended term, Tenant option periods shall give Landlord written notice (be on the same terms and conditions contained herein except that the initial Guaranteed Minimum Monthly Rental during the initial option period shall be an amount determined by multiplying the Guaranteed Minimum Monthly Rental in effect upon the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end commencement of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be initial lease term by a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: fraction (i) this Lease which fraction shall be have as its numerator the Consumer Price Index in effect at for the time notice of exercise of an option to extend is given and on month preceding the last day commencement of the Term of the Lease prior to its extension; option period and (ii) Tenant which fraction shall not have as its denominator the Consumer Price Index in effect for the month preceding the commencement of the initial lease term. However, in no event shall the initial Guaranteed Minimum Monthly Rental during the initial option period be less than the Guaranteed Minimum Monthly Rental in Default under any provision of this Lease at effect immediately preceding the time notice of exercise commencement of the option is given nor period. Effective on July 1st of each year during the option periods of this Lease, the Guaranteed Minimum Monthly Rental shall an Uncured Default exist be adjusted by multiplying the Guaranteed Minimum Monthly Rental then in effect by a fraction, (i) which fraction shall have as its numerator the Consumer Price Index for the preceding month of June and (ii) which fraction shall have as its denominator the Consumer Price Index for the month of June for the prior year (except during the first year of the last day initial option period of this Lease, the month during which the option period commences shall be used rather than June of the Term prior year). However, in no event shall the rent be reduced below that Guaranteed Minimum Monthly Rental in effect immediately preceding such adjustment. The Consumer Price Index to its extensionbe used is the Consumer Price Index for All Urban Consumers - All Items, for the United States, published monthly by the United States Department of Labor, in which 1967 equals 100. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in such new Index. Landlord shall provide Tenant with a “shell building” consisting only of: exterior walls, not including the storefront (masonry and/or stud walls not including paint, drywall or insulation), foundations (not including concrete floor slab), roof, rear door at location to be approved by Landlord, and the following utilities: one (1) 200-amp service to be located in a separate electrical room and primary electrical conduits (without cable) to Tenant’s space; one (1) four inch (4”) sewer lateral stubbed to Tenant’s space, and one (1) one and one-half inch (1.5”) water service lateral (not including water meter or related fees). All utilities will be stubbed and capped to the demised premises. Tenant shall be responsible for furnishing and installing all secondary electrical conduit and/or wiring from the point of connection of Landlord’s work to the actual Tenant electrical panel. Tenant shall be responsible for all fees, permits, or utilities charges necessitated by Tenant’s use of the Premises. Tenant agrees to complete and fixturize said Premises in accordance with plans and specifications to be prepared by Tenant and approved by Landlord. Landlord shall pay to Tenant the sum of THIRTY THOUSAND DOLLARS ($30,000.00) as Landlord’s contribution to the cost of Tenant’s improvements, which sum shall be paid within ten (10) days following the commencement of the term hereof.
Appears in 1 contract
Samples: Sublease (1st Pacific Bancorp)
Options to Extend. 15.1 So long as Active Touch, Inc. is the Tenant hereunder and occupies the entirety of the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant shall have one option to extend the term of this Lease with respect to the entirety of the Premises, for a period of three (3) years from the expiration of the Lease Term (the "Extension Period"), subject to the following conditions:
(a) The option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant with not more than twelve months nor less than seven months prior to the prior written consent expiration of Landlordthe Lease Term;
(b) Anything herein to the contrary notwithstanding, which consent shall not be unreasonably withheldif Tenant is in default under any of the terms, may extend the original Term covenants or conditions of this Lease, subject either at the time Tenant exercises the extension option or on the commencement date of the Extension Period, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the provisions of this right to terminate such option(s) to extend upon notice to Tenant.
(c) In the event the option is exercised in a timely fashion, the Lease including but not limited to provisions shall be extended for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration of the term of the immediately preceding period. With respect to each such extended termExtension Period upon all of the terms and conditions of this Lease, Tenant provided that the Base Monthly Rent for the Extension Period shall give Landlord written notice be ninety-five percent (in the manner prescribed by Section 18.695%) of Tenant's intention the "Fair Market Rent" for the Leased Premises, increased annually as set forth below. For purposes hereof, "Fair Market Rent" shall mean the Base Monthly Rent determined pursuant to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the Base Monthly Rent for the Leased Premises below the amount due from Tenant for the preceding portion of the initial Lease Term for which Base Monthly Rent had been fixed. At the end of the Term then in effect. Within sixty (60) days after Landlord's receipt first 12-month period of said noticethe extension Period, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option Base Monthly Rent shall be deemed increased to reflect the change in the Consumer Price Index for the San Francisco Metropolitan Area, All Items (the "CPI"), for the 12-month period ending 11 months after the Lease Commencement Date, but in no event shall Base Monthly Rent be a grant of consentincreased less than 3% per annum compounded annually nor more than 5% per annum compounded annually for such 12 month period. If Landlord does not consent to such extended term, then such refusal Base Monthly Rent shall be considered to be Landlord's notice to terminate this Lease as provided below so adjusted at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of each subsequent 12-month period during the Term shall be considered to mean the end of the Term as extendedExtension Period.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Samples: Lease Agreement (Webex Inc)
Options to Extend. 38.1 Provided that as of the time of the giving of the Tenant's extension notice and the commencement date of the extension term, (ax) Tenant with is the prior written consent Tenant originally named herein or successors or affiliates of LandlordTenant, which consent (y) Tenant actually occupies at least 75% of the Premises, and (z) no uncured Event of Default exists; then Tenant shall not be unreasonably withheld, may have the successive options to extend the original Term of this Lease, subject to all the provisions term of this Lease including but not limited to provisions for increases in Rent, for one two (12) additional period of ten (10) years, followed by six (6) additional periods of successive five (5) years each, each such period commencing upon year periods from and after the date of the expiration of the original term thereof. Tenant shall exercise each option of extension by notice to Landlord given not later than the last to occur of the date which is twelve (12) months prior to the expiration of the then current (initial or extended) term. However, in any event, the term of this Lease shall expire on the immediately preceding periodday scheduled therefor without extension if such option to extend shall not have been exercised by Tenant. With respect If Tenant, having exercised an available extension option, is in occupancy of space during an extended term of this Lease and the Base Rent and any other applicable charge have not been established for such period then Tenant shall be obligated to pay the Base Rent and any other charge for such period when established, retroactively to the first day of the period following the expiration of the initial or an extended term of this Lease. Notice from Tenant to Landlord of the exercise of an option shall always be sufficient if notice thereof is given as required by the notice clause of this Lease and if signed by an authorized officer of Tenant and such notice is accompanied by the certification of authority of such officer from a suitable attesting officer, such as a vice president of Tenant, and, upon the giving of such notice, the term of this Lease shall be automatically extended for the period next ensuing, without the requirement of the execution of any further instrument, upon all the terms, provisions and conditions set forth in this Lease, except that the Base Rent and other charges payable on account of each such extended term, extension shall be adjusted as set forth below and that there shall be no right to extend beyond those provided herein.
(a) The Base Rent payable by Tenant to Landlord for the first extension term shall give Landlord written notice be the greater of (i) the Base Rent in effect for the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end last year of the Term then in effect. Within sixty initial term or (60ii) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease an amount equal to the Term hereof shall be considered product of (x) the initial Base Rent determined under the Supplement to mean the Term as extended, Lease Agreement and all references to the end of the Term shall be considered to mean the end of the Term as extended(y) 1.800944.
(b) Tenant's right The Base Rent payable by Tenant to exercise Landlord during the option to extend for each period is subject to satisfaction second extension term shall be the greater of the following conditions precedent: (i) this the Base Rent applicable to the last year of the previous extension terms or (ii) the then prevailing market rate for renewal leases of comparable space in the Denver Technological Center, taking into account the size of the Lease, the length of the renewal terms, market escalations and the credit of Tenant ("Fair Market Rent"). The Base Rent shall not be further reduced by reason of any costs or expenses saved by Landlord by reason of Landlord's not having to find a new tenant for such premises (including, without limitation, brokerage commissions, costs of improvements, rent concessions or lost rental income during any vacancy period). In the event Landlord and Tenant fail to reach an agreement in writing as to such Base Rental rate at least six (6) months prior to the expiration of the Lease, then Tenant's exercise of the second renewal option shall be deemed withdrawn and the Lease shall terminate on the expiration date of the first extension period, unless Tenant or Landlord invokes the arbitration procedure provided below to determine the Fair Market Rent.
(c) Arbitration to determine the Fair Market Rent shall be in effect at accordance with the time notice of exercise of an option to extend is given and procedures set forth on attached Exhibit E; provided that the last day rules applied shall be the Real Estate Valuation Arbitration Rules of the Term American Arbitration Association. Either party may elect to arbitrate by sending written notice to the other party and the Denver area regional office of the American Arbitration Association within 5 days after the expiration of the negotiating period provided in Paragraph (b), invoking the binding arbitration provisions of this Paragraph and Exhibit E. Notwithstanding any other provision herein or in Exhibit E, the Fair Market Rent determined by the arbitrator shall not be less than, and the arbitrator shall have no authority to determine a Fair Market Rent less than, the Base Rent in effect as of the scheduled expiration of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionTerm.
Appears in 1 contract
Options to Extend. (a) Tenant with Provided that Lessee is not in default of the prior written consent terms, covenants and conditions of Landlordthis Lease, which consent Lessee shall not be unreasonably withheld, may have the option to extend the original Term of this Lease for nine (9) successive one year periods. Lessee shall exercise each such option to extend the Term of this Lease by written notice (an "Extension Notice") to that effect sent to Lessor. To validly exercise an option to extend, Lessee shall deliver the Extension Notice therefore to Lessor no later than thirty (30) days prior to the expiration of the initial Term or subsequent extension. Term of the Lease, as applicable. If an option to extend is properly and timely exercised, this Lease shall continue during the extension period on all of the same covenants, conditions, agreements, terms, limitation, exceptions and reservations as are contained in this Lease (unless changed or modified by mutual agreement), except for such of the provisions of this Lease as are pertinent only to and applicable only during the initial Term or any prior extension Term of this Lease, subject and except that the Base Rent during the extension period shall be equal to all the Base Rent in effect immediately preceding the extension period increased by the same percentage, if any, by which the Consumer Price Index figure for the last calendar month preceding the extension period shall have increased over the Consumer Price Index figure for the same calendar month of the preceding calendar year. "Consumer Price Index" shall refer to the Consumer Price Index:, All Urban Consumers, Los Angeles - Anaheim - Riverside Metropolitan Area (All Items), compiled by the U.S. Department of Labor, Bureau of Labor Statistics (1982-1984 = 100). If the 1982-1984 base of the Consumer Price index should be changed, then the new base shall be converted to the 1982-1984 base and the base as so converted shall be used. In the event the Bureau shall cease to publish the Consumer Price Index:, then the successor or most nearly comparable index, shall be used. In no event shall the Base Rent be decreased at any time pursuant to the provisions of this Lease including but not limited to provisions paragraph notwithstanding any decrease in the Consumer Price Index. In the event an increase in Base Rent for increases in Rentan extension period is not, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration because of the term publishing date of the immediately preceding period. With respect to each such extended termapplicable Consumer Price Index, Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist determinable as of the last day beginning of the Term prior extension period, Lessee shall continue to its extensionpay the Base Rent then in effect until the applicable increase is determined, at which time Lessee shall pay Lessor an amount equal to such increase multiplied by the number of months since the beginning of the extension period for which Lessee had not yet paid the increased Base Rent.
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease Net (William Lyon Homes)
Options to Extend. 15.1 So long as Redback Networks, Inc. is the Tenant hereunder and occupies the entirety of the Leased Premises, and subject to the condition set forth in clause (ab) below, Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may have two options to extend the original Term of this Lease, subject to all the provisions term of this Lease including but not limited with respect to provisions the entirety of the Leased Premises, the first for increases in Rent, for one (1) additional a period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon from the expiration of the term ninth year of the immediately preceding period. With respect Lease Term (the "First Extension Period"), and the second (the "Second Extension Period") for a period of five (5) years from the expiration of the First Extension Period, subject to each such extended termthe following conditions:
(a) Each option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty twelve (3012) months and not nor less than twenty four nine (249) months before prior to the end expiration of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end ninth year of the Lease Term shall be considered to mean or the end expiration of the Term First Extension Period, as extended.applicable;
(b) TenantAnything herein to the contrary notwithstanding, if Tenant is in default under any of the terms, covenants or conditions of this Lease, either at the time Tenant exercises either extension option or on the commencement date of the First Extension Period or the Second Extension Period, as applicable, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to exercise the option terminate such option(s) to extend for each period upon notice to Tenant.
15.2 In the event the applicable option is subject to satisfaction of exercised in a timely fashion, the following conditions precedent: (i) this Lease shall be in effect at extended for the time notice of exercise of an option to extend is given and on the last day term of the Term applicable extension period upon all of the Lease prior to its extension; terms and (ii) Tenant shall not be in Default under any provision conditions of this Lease at Lease, provided that the time notice of exercise Base Monthly Rent for each extension period shall be ninety-five percent (95%) of the option is given nor "Fair Market Rent" for the Leased Premises, increased as set forth below. For purposes hereof, "Fair Market Rent" shall an Uncured Default exist as mean the Base Monthly Rent determined pursuant to the process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the last day Base Monthly Rent for the Leased Premises below the amount due from Tenant for the preceding portion of the initial Lease Term prior to its extension(or the First Extension Period, if such Base Monthly Rent is being determined for the Second Extension Period) for which Base Monthly Rent had been fixed.
Appears in 1 contract
Samples: Lease (Redback Networks Inc)
Options to Extend. Sublessee acknowledges that Sublessor has two (a2) Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may options to extend the original Term term of the Master Lease, each option for a two (2) year extension term. Sublessor may elect to exercise or not exercise such options in Sublessee's sole and absolute discretion. If Sublessor elects to exercise an extension option under the Master Lease, then, Sublessee shall have the right to elect to extend the Sublease for the corresponding two (2) year extension, subject, however, to the following terms and conditions. Sublessee's right to exercise any such option is subject to the timely payment by Sublessee of all monetary amounts due to Sublessor under this Sublease. If Sublessee fails to pay when due any sums owing to Sublessor pursuant to this Sublease more than three (3) times during the initial term of this LeaseSublease, subject to all or more than once during the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of any extension of the initial term of the Sublease, all rights and options of Sublessee to extend the term of the Sublease shall automatically terminate. Sublessee shall exercise each option (if the right to such option comes into existence) by delivery of written notice thereof to Sublessor within ten (10) years, followed by six (6) additional periods business days following Sublessor's delivery of five (5) years each, each such period commencing upon the expiration written notice of Lessor's election to exercise an option to extend the term of the Master Lease. Sublessee does not deliver such exercise notice to Sublessor within such ten (10) business day period, Sublessee shall be deemed to have elected not to exercise such option, and all options rights of Sublessee to extend to term of the Sublease shall automatically terminate. If Sublessee timely exercises an option right hereunder provided herein, the terms and conditions of this Sublease shall continue to apply for the corresponding extension term; provided, however, that Base Rent payable by Sublessee for the corresponding extension term shall be equal to the fair market rent (as defined below) for the Premises for such extension term as of the commencement of the extended term. However, in no event shall Base Rent for the first year of any such extended term be less than one hundred three percent (103%) of the Base Rent applicable during the year immediately preceding period. With respect to each such the extended term. Further, Tenant Base Rent for the second year of each extended term shall give Landlord written notice be increased by the greater of three percent (3%) or the percentage increase in the manner prescribed by Section 18.6Consumer Price Index (but in no event greater than 5%) as determined pursuant to paragraph 12.1 above in this Addendum. If the Sublessor and Sublessee cannot agree on the fair market rent of Tenant's intention to exercise said option not more than the Premises for the applicable extension term within thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such Sublessee has exercised its option for the extended term, Sublessor and Sublessee shall proceed with the determination of fair market rent pursuant to the procedures set forth in paragraph 37.1.3 of the Master Lease regarding the selection of appraisers and the determination of fair market rent by appraisers, including the time frames set forth in such provisions, as if Sublessee were "Tenant" thereunder, and Sublessor was "Landlord's written notice " thereunder. For purposes hereunder, "fair market rent" shall state have the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt meaning set forth in paragraph 37.1.3 of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this the Master Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease pertaining to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extendedPremises.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Options to Extend. 15.1 So long as Simplex Solutions, Inc. is the Tenant hereunder and occupies the entirety of the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant shall have one option to extend the term of this Lease with respect to the entirety of the Leased Premises, for a period of sixty (60) months from the expiration initial Lease Term (the "Extension Period"), subject to the following conditions:
(a) the option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant with not more than two hundred seventy (270) days nor less than two hundred and ten days prior to the prior written consent expiration of Landlordthe Lease Term;
(b) Anything herein to the contrary notwithstanding, which consent shall not be unreasonably withheldif Tenant is in default under any of the terms, may extend the original Term covenants or conditions of this Lease, subject either at the time Tenant exercises the extension option or on the commencement date of the Extension Period, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the provisions of this right to terminate such option to extend upon notice to Tenant.
15.2 In the event the option is exercised in a timely fashion, the Lease including but not limited to provisions shall be extended for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration of the term of the immediately preceding period. With respect to each such extended term, Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end Extension Period upon all of the Term then in effect. Within sixty (60) days after Landlord's receipt terms and conditions of said noticethis Lease, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state provided that the reasons Base Monthly Rent for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option each extension period shall be deemed to be a grant of consentthe "Fair Market Rent" for the Leased Premises. If Landlord does not consent to such extended termFor purposes hereof, then such refusal "Fair Market Rent" shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After mean the valid exercise of any option to extend, all references in this Lease Base Monthly Rent determined pursuant to the Term hereof process described below. In no event, however, shall be considered any adjustment of Base Monthly Rent pursuant to mean the Term as extended, and all references to the end this paragraph result in a decrease of the Term shall be considered to mean Base Monthly Rent for the end Leased Premises below the amount due from Tenant for the preceding portion of the initial Lease Term as extendedfor which Base Monthly Rent had been fixed.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Options to Extend. Subject to the provisions of Section 24(a)(ix) above and provided that no Default shall have occurred and be continuing at the time this Option is exercised, Landlord hereby grants to Tenant three (a3) Tenant with successive options (collectively, the prior written consent of Landlord"OPTIONS", which consent shall not be unreasonably withheld, may and each an "OPTION") to extend the original Lease Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one three (13) additional period of ten (10) years, followed by six (6) additional successive periods of five (5) years consecutive Lease Years each. Tenant may exercise each Option only by giving Landlord written notice thereof not less than twelve (12) months, each such period commencing upon no more than eighteen (18) months prior to the expiration of the term of then running initial or extended Lease Term, as the immediately preceding periodcase may be. With respect to The covenants, terms and conditions between Landlord and Tenant during each such extended termterm shall be the same as contained in this Lease for the initial Lease Term, except that Tenant shall give Landlord written notice have no further right to extend the Lease Term, and the Base Rent payable during each such extended term for which Tenant exercises this Option shall be adjusted for the first Lease Year of the applicable Option to equal the greater of:
a. one hundred and two percent (in the manner prescribed by Section 18.6102%) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end Base Rent due for the preceding Lease Year; and
b. Fair Market Rental of the Term then in effect. Within sixty Leased Premises as of the beginning of the extended term (60"OPTION DATE") days after Landlord's receipt of said noticeas hereinafter set forth:
i. Between the three hundred sixty-fifth (365th) and one hundred eightieth (180th) day prior to the Option Date, Landlord and Tenant shall advise Tenant in writing whether Landlord consents or does not consent attempt to agree by a written and signed addendum to this Lease on the Fair Market Rental to be payable during such extended term. If Landlord does and Tenant are unable to agree on such Fair Market Rental or fail to execute the addendum by the one hundred eightieth (180th) day preceding the Option Date, then, within thirty (30) days thereafter Landlord and Tenant shall each select a Qualified Appraiser and use the appraisal mechanism set forth in Section 28 to determine the Fair Market Rental.
ii. If for any reason the Fair Market Rental has not consent been determined as of the Option Date, Tenant shall continue to such extended term, pay Base Rent to Landlord in an amount of Landlord's written notice shall state lowest proposal during the reasons negotiations set forth in Section 27(b)(i) above, and, when the Fair Market Rental for withholding consent. Landlord's failure to respond the extended term is determined, Tenant within sixty thirty (6030) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be following Landlord's notice thereof, shall pay to terminate this Landlord the amount of any increase for each month during which Tenant paid a lower monthly installment of Base Rent, or, if Tenant has over paid Base Rent, Tenant shall receive a credit for such amounts against Base Rent next coming due.
c. Further, the Base Rent for each Lease as provided below at Section 4.5, Landlord's Special Right Year during an Option after the first Lease Year during said Option shall be increased by two percent (2%) over the preceding Lease Year.
d. The exercise of Termination, and Tenant may exercise those rights provided all preceding Option(s) is a condition precedent to Tenant by said Section 4.5. After the valid exercise of any option to extend, all subsequent Option(s).
e. Any references in this Lease to the Lease Term hereof shall be considered to mean the initial Lease Term as extended, and all references extended pursuant to the end of the Term shall be considered to mean the end of the Term as extendedthis Section.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Samples: Lease (Speedfam Ipec Inc)
Options to Extend. Tenant shall have the right (aeach an “Extension Option”) Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may to extend the original Lease Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one two (12) additional period of ten (10) years, followed by six (6) additional consecutive periods of five (5) years each, (each such period commencing upon an “Extension Period”) on the expiration of the term of the immediately preceding periodfollowing terms and conditions. With respect If Tenant wishes to each such extended term, Tenant exercise an Extension Option it shall give Landlord written notice (in the manner prescribed by Section 18.6“Election Notice”) no later than twelve (12) months prior to commencement of Tenant's intention the Extension Period. Time is of the essence and late notice shall not be effective. The Election Notice shall be irrevocable. Notwithstanding the foregoing, if either (a) an Event of Default is outstanding when Tenant delivers the Election Notice or at the time the Extension Period is to exercise said option not commence, or (b) within the immediately preceding twelve (12) months Landlord gave Tenant more than thirty one (301) months and notice of an alleged default which ripened into an actual Event of Default, then Landlord shall not less than twenty four (24) months before be required to give effect to Tenant’s Election Notice. If the end above conditions are satisfied with respect to the exercise of the Extension Option or if Landlord elects in its discretion to recognize the Election Notice even though the conditions are not satisfied, then the Lease Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal on the same legal terms and conditions contained in this Lease except that Base Rent for the Extension Period shall be considered to be Landlord's notice to terminate this Lease determined as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof applicable Extension Option shall be considered to mean the Term as extended, of no further force and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant effect. Landlord shall not be obligated to provide any concessions or allowances to Tenant or to pay any fee or commission to the brokers identified in Default the Lease Summary if Tenant exercises an Extension Option (except as may otherwise have been agreed to by Landlord pursuant to any separate fully executed agreement between Landlord and said brokers). Tenant may not exercise the second Extension Option unless the first Extension Option was validly exercised. If Tenant exercises an Extension Option, Base Rent for the Extension Period shall be the Market Rent for the Premises during the Extension Period determined pursuant to Paragraph 4 below. Landlord and Tenant shall, upon request of either party after the determination of the Market Rent, execute an amendment to this Lease, to document the extension and the Market Rent applicable to the Extension Period. The Extension Options are personal to the Tenant originally named herein and any Permitted Transferee who has assumed all of Tenant’s obligations under any provision of this Lease at and may not be exercised by or for the time notice benefit of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionany other party.
Appears in 1 contract
Samples: Office Lease Agreement (Qualtrics International Inc.)
Options to Extend. (aA) Tenant with With regard to the prior written consent of LandlordMetro Level Demised Premises, which consent shall not be unreasonably withheld, may Lessor grants to Lessee three (3) consecutive options to extend the original Term term of this the Lease, subject to all the provisions of this Lease including but not limited to provisions each option being for increases in Rent, for one (1) additional a period of ten (10) years, followed by six (6) additional periods of five (5) years eachyears, as set forth below, provided Lessee exercises each such option as set forth below, and provided further that Lessee is not in default under the Lease beyond any applicable notice and cure period commencing either on the date Lessee notifies Lessor of its intent to exercise the applicable option or at any time thereafter up to and including the date upon which the expiration of the term of the immediately preceding periodapplicable extension period is to commence. With respect to The extension periods shall be from May 1, 1997 through April 30, 2002 ("Metro Level Extension Period 2"); from May 1, 2002 through April 30, 2007 ("Metro Level Extension Period 3"); and from May 1, 2007 through April 30, 2012 ("Metro Level Extension Period 4"). Each such five (5) year period may also be hereinafter called "Metro Level Extension Period." Lessee may exercise each such extended termoption to extend only by serving on Lessor, Tenant shall give Landlord no later than fourteen (14) months, nor earlier than twenty (20) months, prior to the commencement of each applicable Metro Level Extension Period, written notice (in the manner prescribed by Section 18.6) of TenantLessee's intention intent to exercise said the then applicable option not more than thirty (30) months to extend. The Metro Level Monthly Rent for Metro Level Extension Period 3 and not less than twenty four (24) months before for Metro Level Extension Period 4 shall each be determined by the end mutual agreement of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond Lessor and Lessee within sixty (60) days after its receipt of Tenantthe date Lessor receives Lessee's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option election to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term term of the Lease prior to its extensionfor the applicable Metro Level Extension Period. The Metro Level Monthly Rent for each such Metro Level Extension Period shall be based upon the Market Rent (as hereafter defined) for the Metro Level Demised Premises. However, the Metro Level Monthly Rent for Metro Level Extension Period 3 shall be no less than the Metro Level Monthly Rent in effect during April 2002; and the Metro Level Monthly Rent for Metro Level Extension Period 4 shall be no less than the Metro Level Monthly Rent in effect during April 2007. If Lessor and Lessee are unable to agree within the applicable sixty (ii60) Tenant day period upon the Market Rent for the Metro Level Demised Premises in order to determine the Metro Level Monthly Rent for the applicable Metro Level Extension Period, then the Market Rent (upon which the Metro Level Monthly Rent for the applicable Metro Level Extension Period will be based) shall not be in Default under any provision determined by a board of this Lease at the time notice of exercise three (3) licensed real estate brokers. Lessor and Lessee shall each appoint one (1) broker within ten (10) days after expiration of the option sixty (60) day period, or sooner if mutually agreed upon. The two so appointed shall select a third within fifteen (15) days after they both have been appointed. Each broker on said board shall be licensed in the District of Columbia as a Real Estate Broker, specializing in the field of commercial leasing in the central business district having no less than ten (10) years experience in such field, and recognized as ethical and reputable within his or her field. Each broker, within fifteen (15) days after the third broker is given nor selected, shall an Uncured Default exist as submit his or her determination of Market Rent. Market Rent shall be the mean of the last day two (2) closest rental rate determinations (or the middle of the Term prior to its extensionthree if there are no two closest determinations), and the Metro Level Monthly Rent for the applicable Metro Level Extension Period shall be based upon the Market Rent as so determined by the brokers; provided, however, if the Market Rate determination produces a Metro Level Monthly Rent for Metro Level Extension Period 3 less than the Metro Level Monthly Rent in effect for April 2002, then the Metro Level Monthly Rent for Metro Level Extension Period 3 shall be the Metro Level Monthly Rent in effect for April 2002; and provided further, that if the Market Rent determination produces a Metro Level Monthly Rent for Metro Level Extension Period 4 less than the Metro Level Monthly Rent in effect during April 2007, then the Metro Level Monthly Rent for Metro Level Extension Period 4 shall be the Metro Level Monthly Rent in effect for April 2007.
Appears in 1 contract
Options to Extend. Landlord hereby grants to Tenant three (a3) Tenant with options to extend (“Option(s) to Extend”) the prior written consent Term for the Property for an additional ten (10) years per extended option term (“Option Term(s)”), upon each and all of Landlord, which consent shall not be unreasonably withheld, may extend the original Term of this Lease, subject to all the provisions terms and conditions of this Lease including but as amended below. Each of the Options to Extend shall be deemed automatically renewed unless Seller elects to cancel any such option upon not limited to provisions for increases less than eighteen (18) months prior written notice, time being of the essence; provided, however, that Tenant has not been in Rentmaterial monetary default, for or a material non-monetary default of this Lease more than two (2) times during any one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration calendar year of the term Term, as extended. In the event that Tenant has been in monetary default, or a material non-monetary default of this Lease more than two (2) times during any one calendar year of the immediately preceding period. With respect to each such extended termTerm, Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references Landlord may elect to the end either terminate Tenant’s Options to Extend or may predicate Landlord’s acceptance of the Term Tenant’s Options to Extend on receipt of additional financial assurance from Tenant as Landlord may determine. The Term, as defined in Paragraph 2 hereof, shall be considered also include any Options to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time Extend properly exercised hereunder. If notice of exercise of an option any Option to extend Extend is given and on not timely given, all further Options to Extend shall automatically expire. The rent for each Option Term shall consist of Base Rent equal to the last day greater of (i) the Term of the Lease prior to its extension; and then fair market rental rate for each individual Property, or (ii) the then current rent, together with and all other charges due and payable under this Lease. After the first Lease Year of each Option Term, the Base Rent shall increase annually by the applicable CPI as set forth in Paragraph 3.2. The Options to Extend are personal to Tenant shall and may not be assigned without Landlord’s written consent which may be withheld in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionsole discretion.
Appears in 1 contract
Samples: Lease Agreement (Invacare Corp)
Options to Extend. Subject to the balance of this Pxxxxxxxx 0, Xxxxxx may, at its option, extend the term of the Lease for the entire Premises for three (3) periods of two (2) years each (each, an “Extension Term”) upon the same terms contained in the Lease (other than tenant improvements made previously by Landlord), except for the amount of Base Rent payable during each Extension Term. Tenant shall have no additional extension options, unless otherwise agreed by the Parties in a written agreement entered into by the Parties after the date of this Amendment.
9.1. The Base Rent during each Extension Term shall be the greater of (a) Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may extend Base Rent applicable to the original Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration last day of the term of the immediately preceding periodLease prior to the applicable Extension Term, or (b) the then-prevailing market rate for a comparable term commencing on the first day of the Extension Term for tenants of comparable size and creditworthiness for comparable space in the Building and other first-class office buildings in the vicinity of the Building as reasonably determined by Landlord.
9.2. With respect To exercise its option, Tenant must deliver an initial non-binding notice to each such extended termLandlord not less than nine (9) months prior to the proposed commencement of the applicable Extension Term. At some point between ten (10) and eight (8) months prior to the proposed commencement of the applicable Extension Term, Landlord shall calculate and inform Tenant of the Base Rent for the Premises. Such calculation shall be final and shall not be recalculated at the actual commencement of the Extension Term, if any. Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's final binding notice of intention intent to exercise its option shall to extend within fifteen (15) days after receiving Landlord’s calculation of Base Rent. If Tenant fails to give either its initial non-binding notice or its final binding notice timely, Tenant will be deemed to be a grant of consenthave waived that option (and any other option) to extend.
9.3. If Landlord does not consent Tenant’s option to such extended term, then such refusal shall be considered extend the Lease is subject to be Landlord's the conditions that: (a) on the date that Tenant delivers its final binding notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any exercising its option to extend, all references Tenant is not in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of default under the Lease prior to its extensionbeyond the expiration of any applicable notice and cure periods; and (iib) Tenant shall not be in Default under have assigned the Lease or sublet any provision of this Lease at the time notice of exercise portion of the option Premises under a sublease which is given nor shall in effect at any time during the final twelve (12) months prior to the applicable Extension Term, but excluding any assignment or sublease to an Uncured Default exist as affiliate of Tenant. As used in the immediately preceding sentence, “affiliate” means an entity that controls, is controlled by, or is under common control with, Tenant, where “control” is the holding of fifty percent (50%) or more of the last day of the Term prior to its extensionoutstanding voting interests.
Appears in 1 contract
Samples: Commercial Lease (Advanta Corp)
Options to Extend. Provided Tenant is not in default under any of the terms, covenants and conditions hereof at the time of the exercise of its option, Tenant shall have four (a4) Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may consecutive options to extend the original Term term of this Lease, subject to all the provisions of this Lease including but not limited to provisions lease for increases in Rent, for one (1) additional a period of ten eight (10) years, followed 8) years each. Each such option shall be exercised by Tenant giving Landlord a written notice that it is exercising the same at least six (6) additional periods months prior to the date upon which this lease would otherwise terminate if such option were not exercised. In computing this six (6) month period the provisions of five (5) years eachArticle 10 shall be disregarded. Any extended term hereof, each such period commencing pursuant to the exercise of said option or options, shall be subject to all of the terms, covenants and conditions of this lease, save and except that the rental for the applicable extended term or terms shall be the fair market rental value of the demised premises as of the time of the commencement of the applicable extended term. If the parties hereto shall be unable to agree as to the fair market rental value for the extended term or terms, then it shall be determined by arbitration in accordance with the rules of the American Arbitration Association then in effect and judgment upon the expiration award may be entered in any court having jurisdiction thereof. Any improvements constructed on the demised premises by Tenant at its expense shall not be taken into consideration by determining the fair market value. In the event the monthly rental for the first extended term hereof is not determined prior to the commencement of the term of the immediately preceding period. With respect to each such extended term, Tenant shall give pay Landlord written notice (monthly rental at the rate payable during the immediately preceding extension until such monthly rental is determined. In the event the monthly rental as finally determined exceeds the monthly rental therefore paid by Tenant to Landlord for any such extension, rental shall be due following the determination of such monthly rental in addition to the manner prescribed monthly rental due for said month, an amount equal to the sum total of the difference between monthly rental therefore paid to Landlord by Section 18.6) Tenant during such extended term and the actual monthly rental so determined to be due hereunder for such portion of Tenant's intention to exercise said option not more than thirty (30) months and not the extended term. In the event the monthly rental as actually determined for the extended term is less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said noticethat theretofore paid to Landlord by Tenant, Landlord shall advise remit to Tenant, following the determination of such monthly rental, an amount equal to the sum total of the difference between monthly rental theretofore paid to Landlord by Tenant in writing whether Landlord consents or does not consent during such extended term and the actual monthly rental so determined to be due hereunder for such portion of the extended term. If Landlord does not consent to such However, in no event shall the monthly rental during any extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty period be less than One Thousand Six-Hundred and Sixty-six Dollars and Sixty-seven Cents (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended$1,666.67).
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Samples: Ground Lease (Tehama Bancorp)
Options to Extend. 15.1 So long as Trident Microsystems, Inc. is the Tenant hereunder and occupies a material portion of the Leased Premises, and subject to the condition set forth in clause (ab) below, Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may have one option to extend the original Term of this Lease, subject to all the provisions term of this Lease including but not limited with respect to provisions the entirety of the Premises for increases in Rent, for one (1) additional a period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon from the expiration of the term Lease Term (the "Extension Period"), subject to the following conditions:
(a) The option to extend shall be exercised, if at all, by notice of the immediately preceding period. With respect exercise given to each such extended term, Landlord by Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four one hundred eighty (24180) months before days prior to the end expiration of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.Term;
(b) TenantAnything herein to the contrary notwithstanding, if Tenant is in default beyond all applicable notice and cure periods under any of the terms, covenants or conditions of this Lease, either at the time Tenant exercises the extension option or on the commencement date of the Extension Period, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to exercise the terminate such option to extend for each period upon notice to Tenant.
15.2 In the event the option is subject to satisfaction of exercised in a timely fashion, the following conditions precedent: (i) this Lease shall be extended for the term of the Extension Period upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for the Extension Period shall be the "Fair Market Rent" for the Leased Premises, increased after 12 months in effect at accordance with Article 1. For purposes hereof, "Fair Market Rent" shall mean the time notice of exercise of base rent for the Premises, based upon the rental rate per square foot that an option unaffiliated landlord and tenant would agree to extend is given and for a lease on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision terms of this Lease at for the time notice of exercise Extension Period for comparable premises in the vicinity of the option is given nor Property, determined pursuant to the process described below. In no event, however, shall an Uncured Default exist as any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the last day Base Monthly Rent for the Premises below the amount due from Tenant for the preceding portion of the initial Lease Term prior to its extensionfor which Base Monthly Rent had been fixed.
Appears in 1 contract
Samples: Lease (Trident Microsystems Inc)
Options to Extend. (a) Tenant with the prior written consent of Landlord, which consent shall not be unreasonably withheld, may extend the original Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon 21.01 At the expiration of the term Initial Term, if Tenant shall not then be in default of the immediately preceding period. With respect to each such extended termLease, then Tenant shall give Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise have the option to extend this Lease (the "First Option Term"), upon the same terms and conditions excepting the provision for each period is subject minimum rental, for one option term of five years, the First Option Term to satisfaction commence on expiration of the following conditions precedentInitial Term. The First Option Term shall be exercised by the Tenant first giving written notice to Landlord of Tenant's request to commence the procedure for determining fair market rent for the First Option Term, the written notice to be given not less than sixteen (16) months prior to the expiration of the Initial Term. The Basic Minimum Annual Rent for the First Option Term shall be the lesser of: (i) the Basic Minimum Annual Rent in effect immediately prior to the commencement of the First Option Term (adjusted to reflect the Expansion Space) annum increased by the percentage increase in the United States Department of Labor Bureau of Labor Statistics Consumer Price Index-All Urban Consumers-All Cities (1982-84 = 100) (the "CPI") between the dates of October 1, 1989 and October 1, 1995; or (ii) 90% of the fair market rent for the space on the commencement of the First Option Term. Provided further, that if at the time for the determination of the rental increase as herein provided the CPI is no longer published or issued, the Landlord shall use such other index as is then generally recognized and accepted for similar determinations of purchasing power. Said fair market rent shall be determined as the fair market rent for net leases on a square foot basis for similar property located in the Town of Wilton, which comparable rates shall apply to new leases. Upon receipt of the notice to commence the procedure for determining fair market rent, Landlord and Tenant shall attempt to agree upon said fair market rent. In the event Landlord and Tenant cannot agree upon said fair market rent prior to fifteen months before the commencement of the First Option Term, within fifteen days thereafter they each shall appoint a person experienced in commercial rental appraisals to act in their behalf in arriving at said market rent. If the two appraisers cannot arrive at an agreement at least thirteen months and fifteen days prior to the commencement of the First Option Term, then the representatives shall, within fifteen days thereafter, select and agree upon a third party who shall be the arbitrator. The two appraisers and the arbitrator shall then vote upon the fair market rent, and the majority vote being controlling. The figure upon which the vote is taken may be the figure of either appraiser or a figure between the figures of the two appraisers. The vote shall be made not later than thirteen months prior to the commencement of the First Option Term. Notwithstanding the foregoing, the Basic Minimum Annual Rent for the First Option Term, on a per square foot of Tenant's Net Rentable Area basis, shall in no event be less than the Basic Minimum Annual Rent in effect immediately preceding the commencement of the First Option Term. If Tenant then wishes to exercise the First Option Term, Tenant may only do so by giving written notice to Landlord not later than twelve (12) months prior to the commencement of the First Option Term that Tenant is exercising the First Option Term. The Basic Minimum Rent shall be as determined as above, and all other terms and conditions of the extension will be exactly the same as the conditions set forth in this Lease including all provisions for additional rent and payments, but without, however, containing a further provision for extension or renewal except as set forth in paragraph 21.02.
21.02 At the expiration of the preceding, validly exercised First Option Term, if this Lease shall then be in full force and effect at and if Tenant shall not then be in default of the time notice of exercise of an Lease, then Tenant shall have the option to extend is this Lease (the "Second Option Term"), upon the same terms and conditions excepting the provision for minimum rental, for another option term of five years, the Second Option Term to commence on expiration of the First Option Term. The Second Option Term shall be exercised by the Tenant giving written notice to Landlord of Tenant's request to commence the procedure for determining fair market rent for the Second Option Term, the written notice to be given and not less than sixteen (16) months prior to the expiration of the First Option Term. The Basic Minimum Annual Rent for the Second Option Term shall be 100% of the fair market rent for the space on the last day commencement of the Term Second Option Term. Said fair market rent shall be determined as the fair market rent for net leases on a square foot basis for similar property located in the Town of Wilton, which comparable rates shall apply to new leases. Upon receipt of the Lease notice to commence the procedure for determining fair market rent, Landlord and Tenant shall attempt to agree upon said fair market rent. In the event Landlord and Tenant cannot agree upon said fair market rent prior to its extension; fifteen months before the commencement of the Second Option Term, within fifteen days thereafter they each shall appoint a person experienced in commercial rental appraisals to act in their behalf in arriving at said market rent. If the two appraisers cannot arrive at an agreement at least thirteen months and fifteen days prior to the commencement of the Second Option Term, then the representatives shall, within fifteen days thereafter, select and agree upon a third party who shall be the arbitrator. The two appraisers and the arbitrator shall then vote upon the fair market rent, and the majority vote being controlling. The figure upon which the vote is taken may be the figure of either appraiser or a figure between the figures of the two appraisers. The vote shall be made not later than thirteen months prior to the commencement of the Second Option Term. Notwithstanding the foregoing, the Basic Minimum Annual Rent for the Second Option Term, on a per square foot of Tenant's Net Rentable Area basis, shall in no event be less than the Basic Minimum Annual Rent in effect immediately preceding the commencement of the Second Option Term. If Tenant then wishes to exercise the Second Option Term, Tenant may only do so by giving written notice to Landlord not later than twelve (ii12) months prior to the commencement of the Second Option Term that Tenant is exercising the Second Option Term. The Basic Minimum Rent shall not be as determined as above, and all other terms and conditions of the extension will be exactly the same as the conditions set forth in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionincluding all provisions for additional rent and payments, but without, however, containing a further provision for extension or renewal.
Appears in 1 contract
Options to Extend. Provided the Lease is in full force and effect and no Event of Default is outstanding at the time of notification or commencement, Tenant shall have the option to extend the Term of this Lease as set forth in Section 7.5 of the Summary, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth herein. The extension right described herein is personal to INVITAE CORPORATION, a Delaware corporation and its Permitted Transferees (aas defined below), and shall not otherwise be assigned or transferred and may only be exercised if Tenant is then in possession of the entire Premises If Tenant elects to exercise said option, then Tenant shall provide Landlord with written notice of such election not more than fifteen (15) months or less than nine (9) months prior to the then existing Lease Expiration Date, time being of the essence. If Tenant with fails to timely provide such notice, Tenant shall have no further or additional right to extend or renew the prior written consent term of Landlordthe Lease. Any extension of the Term shall be upon all the terms and conditions set forth in this Lease, which consent except that: (i) Landlord shall not be unreasonably withheldobligated to perform any remodeling, may extend renovation, alteration or improvement work in the original Term Premises; (ii) Landlord shall not be obligated to pay any commission to any broker with regard to extension of this Leasethe Term; (iii) Base Rent for the extension term shall be at Fair Market Rental (as defined below) for the Premises.
2.2.1. For the extension period, subject the Rent in effect at the expiration of the then current term of the Lease shall be adjusted to all reflect the then current Fair Market Rental. “Fair Market Rental” shall mean the monthly amount, projected during the relevant period of time, that a willing, comparable non-equity tenant (excluding sublease and assignment transactions) would pay, and a willing comparable landlord of a comparable quality office building located in the Downtown Palo Alto rental market would accept, at arm’s length, to renew a lease for space of comparable size, quality, ceiling height, loading capabilities and power capacities as the Premises, taking into account the age, quality and layout of the Premises and also taking into account the provisions of this Lease including but not limited to and other items that professional real estate brokers customarily consider in calculating renewal rents such as current rental rates, escalation clauses, operating expense pass-through charges, rent abatement provisions for increases in Rent(if any), for one tenant improvement allowances (1) additional period if any), tenant size and creditworthiness and other factors typically considered by landlords of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon the expiration of the term of the immediately preceding period. With respect to each such extended term, Tenant shall give Landlord written notice (similar facilities in the manner prescribed by Section 18.6) of Tenant's intention to exercise said Downtown Palo Alto rental market. Notwithstanding the foregoing, in no event shall the Fair Market Rental for the option not more than thirty (30) months and not period be less than twenty four (24) months before the end of highest per square foot Base Rent during the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's right to exercise the option to extend for each preceding period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionTerm.
Appears in 1 contract
Samples: Lease (Invitae Corp)
Options to Extend. (a) Provided that Tenant with is not then in default either at the prior time Tenant delivers the written consent notice required by this section or at the time of Landlordcommencement of an extension term, which consent Tenant shall not be unreasonably withheld, may have the option to extend the original Term of this Lease, subject to all the provisions term of this Lease including but not limited for up to provisions for increases fifteen years in Rent, for one (1) three separate and additional period of ten (10) years, followed by six (6) additional periods terms of five years each (5provided that Tenant may, if it chooses, combine the first two extension options and extend the term of the Lease for ten years upon delivery of the requisite notice) years each, each under the same terms and conditions as set forth in this Lease except that the Base Rent shall be adjusted as hereafter provided. Tenant shall exercise any of its options to extend this Lease by delivering written notice of such period commencing upon exercise to Landlord at least one year prior to the expiration of the original or extended term of the Lease, as the case may be. The Base Rent for the first year of each extension term shall be 95% of the Fair Market Rental (as hereafter determined); provided, however, that in no event shall the Base Rent for the Premises for the first year of each extension term be less than 100% of the average per rentable square foot of the Base Component of the Base Rent for the entire Premises during the immediately preceding periodyear nor more than 102.5% of the average per rentable square foot of the Base Component of the Base Rent for the entire Premises during the immediately preceding year. With respect to Thereafter, the Base Rent for the Premises for each such extended termyear of the extension term shall increase by 2 1/2% per year. For each five year extension exercised by Tenant, Tenant shall give Landlord written notice (receive a Tenant improvement allowance of $2.00 per rentable square foot of the Premises, which allowance shall be credited against the monthly rental payments next due and payable by Tenant under the Lease until the full amount has been credited to Tenant. If Tenant elects to exercise its first option to extend the Lease for a period of ten years rather than five years, then the tenant improvement allowance to Tenant shall be $4.00 per rentable square foot rather that $2.00 per rentable square foot. For purposes of this section, Fair Market Rental shall mean the base rent for comparable space in the manner prescribed by Section 18.6) Project's market area. The determination of Tenant's intention Fair Market Rental shall take into account the tenant improvement allowance offered to exercise said option not more than thirty (30) months Tenant and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended termall other relevant factors. If Landlord does not consent and Tenant are unable to such extended term, Landlord's written notice shall state agree on the reasons for withholding consent. Landlord's failure to respond Fair Market Rental within sixty (60) thirty days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option each of the options to extend, all references then the Fair Market Rental shall be determined by appraisal. Landlord and Tenant shall each designate by written notice within ten days after the expiration of said thirty day period, the name of a qualified appraiser who shall have at least five years experience relative to office space in said market area. Each of the appraisers shall submit to Landlord and Tenant within thirty days after his or her appointment, a written determination of the Fair Market Rental for the applicable option period. If both of the appraisers' determinations are within the minimum and maximum Base Rent amounts previously set forth in this Lease to section, then the Term hereof Fair Market Rental shall be considered to mean the Term as extended, and all references to the end average of the Term two appraisals. If only one of the appraiser's determinations is within such minimum and maximum Base Rent amounts, then the Fair Market Rental shall be considered equal to mean such determination. If neither appraiser's determinations is within the end of minimum and maximum Base Rent amounts, then the Term as extended.
(b) Tenant's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease Fair Market Rental shall be in effect at the time notice average of exercise of an option to extend is given such minimum and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionmaximum Base Rent amounts.
Appears in 1 contract
Samples: Office Lease (Metavante Corp)
Options to Extend. (a) Provided this Lease is then in full force and effect and an Event of Default (as hereinafter defined) has not occurred and is then continuing, Tenant with shall have the prior written consent of Landlord, which consent shall not be unreasonably withheld, may option to extend the original Term of this Leasefor two separate, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional consecutive periods of five 5 years (5) years each, each such period an “Extension Period”) commencing upon on the expiration of the term initial Term or the first Extension Period, as the case may be.
(b) Each Extension Period shall be upon the same terms and conditions as apply during the initial Term, except that:
(i) the Base Rent for the first Extension Period shall be the lesser of (a) **** per square foot of rentable area per Lease Year (“First Extension Period Stipulated Rent”) and (b) **** of the immediately preceding periodMarket Rent (as hereinafter defined); provided, that in no event will the First Extension Period Base Rent be less than **** per rentable square foot.
(ii) Base Rent for the second Extension Period shall be the lesser of (a) **** per rentable square foot per Lease Year (“Second Extension Period Stipulated Rent”) and (b) **** of the Market Rent; provided, that in no event will the Second Extension Period Base Rent be less than **** per rentable square foot.
(c) The Market Rent (herein so called) shall be the base rent that would be payable during the subject Extension Period for comparable quality space located in greater downtown Pittsburgh, Pennsylvania (the “Market Area”), taking into account, among other considerations, the size and location of the Buildings, lease term, level, quality, age and value of the space and leasehold improvements, condition, quality, age, and location of the Buildings and Building systems, Building services, tenant inducements, leasing commissions being paid or not being paid, and the condition of the Premises. With respect The Market Rent and the applicable Extension Period Base Rent shall be established as follows: (i) at least 12 months prior to each such extended termthe expiration of the initial Term or the first Extension Period, as the case may be, Tenant shall give send Landlord written notice (in the manner prescribed by Section 18.6) of Tenant's intention ’s desire to exercise said option not more than thirty (30) months extend the Term, provided that the parties reach an agreement as to the applicable Market Rent and not less than twenty four (24) months before the end of the Term then in effectapplicable Extension Period Base Rent. Within sixty (60) 15 days after Landlord's of receipt of said notice, Landlord shall advise send Tenant written notice (“Landlord’s Renewal Rent Notice”) designating the Market Rent and the applicable Extension Period Base Rent established for the applicable Extension Period; (ii) unless Tenant sends a written notice of objection to Landlord within 15 days after receipt of said designation, the applicable Extension Period Base Rent set forth in said designation shall be the applicable Extension Period Base Rent established for the Extension Period, (iii) if Tenant objects in writing whether to the applicable Extension Period Base Rent within said 15 day period, Tenant and Landlord consents or does not consent shall negotiate in good faith an amount to be the applicable Extension Period Base Rent for such extended termExtension Period. If Landlord does and Tenant cannot consent to agree on such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond applicable Extension Period Base Rent within sixty (60) 15 days after its Landlord’s receipt of Tenant's ’s objection, Tenant, at Tenant’s election, may (i) revoke Tenant’s **** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commission. election to extend the Term and in such case this Lease will terminate at the end of the then current Term, or (ii) elect to proceed to arbitration. If Tenant elects arbitration, Landlord and Tenant shall each select a qualified real estate appraiser and the two selected appraisers shall promptly choose a third qualified real estate appraiser. The third appraiser so selected shall determine the applicable Market Rent for the applicable Extension Period in accordance with the parameters set forth in this Section 3.5. Tenant shall pay the costs for said third real estate appraiser if the applicable Market Rent determined by said third real estate appraiser is equal to or greater than the applicable Market Rent designated by Landlord under (i) above; otherwise, Landlord shall pay the costs for said real estate appraiser. If Landlord shall fail to give Landlord’s Renewal Rent Notice within the 30 day period after receipt of the notice from Tenant, Tenant shall have the right to remain in the Premises on a month to month basis paying the Rent that is then in effect, until such time as Landlord does give Tenant the Landlord’s Renewal Rent Notice, at which point, Landlord and Tenant shall determine the applicable Extension Period Base Rent in accordance with the provisions set forth above in this Section 3.5.
(d) Failure of Tenant to provide written notice of intention to exercise its option extension within the time frame set forth herein shall not be deemed to be a grant waiver by Tenant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any its option to extend, all references in this Lease to extend the Term hereof shall be considered until Landlord has notified Tenant in writing that Tenant will have relinquished its right to mean extend the Term as extended, and all references to the end unless within 15 days of the Term shall be considered date of Landlord’s notice Tenant provides its written notice of election to mean extend the end of the Term as extendedTerm.
(be) Tenant's right Landlord will provide Tenant a Tenant improvement allowance equal to exercise **** per the option to extend then rentable square foot area of Premises (“Allowance”) for each period Extension Period option exercised by Tenant in which the First Extension Period Stipulated Rent or the Second Extension Period Stipulated Rent, as the case may be, is subject determined to satisfaction be the rent for the applicable Extension Period. During any Extension Period in which the rent is not the First Extension Period Stipulated Rent or the Second Extension Period Stipulated Rent, whichever is applicable, then the amount of the following conditions precedent: Allowance for such Extension Period shall be the lesser of (i) this Lease shall be in effect at the time notice **** per rentable square foot of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extensionPremises; and or (ii) **** of the Market Area finish allowance for comparable lease space in the Market Area for a 5-year renewal term as determined by the appraiser. At Tenant’s election, either Landlord or Tenant shall not be perform the Tenant improvements and in Default under any provision either case Tenant shall pay for all costs of this Lease at the time notice of exercise Tenant improvements in excess of the option is given nor shall an Uncured Default exist as Allowance in accordance with Section 10.2 of the last day of the Term prior to its extension.Work Agreement attached hereto as Exhibit C.
Appears in 1 contract
Samples: Lease Agreement (Del Monte Foods Co)
Options to Extend. (a) Tenant with So long as no default exists under the prior written consent of Landlord, which consent shall not be unreasonably withheld, may extend the original Term terms of this Lease, subject Landlord hereby grants to all Tenant the provisions option to extend the term of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten twelve (1012) years, followed by six month periods (6) additional periods of five (5) years each, an “Option”, collectively, the “Options”) commencing when the applicable prior term expires upon each and all of the following terms and conditions:
(i) To exercise an Option, Tenant must give written notice of such election to Landlord at least one hundred twenty (120) days prior to the date that the Option period commencing upon would commence (the expiration “Option Notice”). If the Option Notice is not delivered in accordance with the terms of this Lease, the Option shall automatically expire. Each Option may only be exercised consecutively.
(ii) Any extension of the term of the immediately preceding period. With respect pursuant to each such extended term, Tenant shall give Landlord written notice an Option (in the manner prescribed by Section 18.6“Option Term”) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease under the same terms and conditions as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease except for the provisions of this Lease granting the Options and adjustment to the Term hereof shall be considered Rent.
(iii) The Options are personal to mean the Term as extendedoriginal Tenant, and all references to cannot be assigned or exercised by anyone other than said original Tenant and only while the end original Tenant is in full possession of the Premises.
(iv) The monthly Rent of an Option Term shall be considered to mean calculated using the end of the Term as extendedmethod set forth in subparagraph (b) below.
(b) Tenant's If the Lease expires during Executive’s employment as an Executive Vice President in good standing with Cadence, Landlord will negotiate in good faith to extend the term of the Lease. In the event Executive’s employment as an Executive Vice PresidentCadence is terminated other than for Cause (as defined in Section 4.2 of Executive’s Employment Agreement, executed on May 26, 2004) or if Executive resigns his employment as an Executive Vice President as a result of an event constituting Constructive Termination (as defined in Section 4.3 of Executive’s Employment Agreement, executed on May 26, 2004), the Landlord will not exercise its right to exercise terminate the option to extend Lease, except upon Executive’s default thereunder, such that Executive will remain a tenant until 12 months following the date upon which Executive’s employment as an Executive Vice President with Cadence is terminated other than for each period is subject to satisfaction Cause or as a result of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensiona Constructive Termination.
Appears in 1 contract
Options to Extend. (a) Tenant 2.1 Landlord further agrees to grant to Subtenant the option to enter into a direct lease with Landlord upon termination of the prior written consent Sublease in 2008 upon the following terms and conditions. Regardless of Landlordwhether Sublandlord exercises its option to renew the Master Lease pursuant to Section 6 of the Second Addendum, which consent Subtenant's option to enter into a direct lease with Landlord shall not be unreasonably withheldcommence in 2008, may extend the original Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (1) additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each such period commencing upon at the expiration of the initial term of the immediately preceding periodMaster Lease, as defined in the Second Addendum. With respect Sublandlord's right to each such extended termrenew the Master Lease shall not include the Subleased Premises if Subtenant elects to enter into a direct lease with Landlord for the Subleased Premises. Provided Subtenant is not in monetary default hereunder beyond any applicable notice and cure periods, Tenant Subtenant shall have two five-year options (each, an "Option"), at the rental amount described in Section 2.2 below, to lease directly from Landlord all of the Subleased Premises. In order to exercise an Option, Subtenant shall give Landlord written notice not later than 180 days prior to the termination date of this Sublease (in and of the manner prescribed by Section 18.6termination of the first Option term) of Tenant's intention its intent to exercise said option not more than thirty (30) months the Option. If Subtenant exercises the Option for the first Option period, the Base Rent shall be the scheduled rent for the last year under Master Lease, increased by 3%, and not less than twenty four (24) months before the end Base Rent shall increase by 3% each year of the Term then Option period. If Subtenant exercises the Option for the second Option period, the Base Rent shall continue to increase by 3% per year. In addition to Base Rent, Subtenant shall pay its proportionate share (27.70%) of annual increases in effectProperty Taxes for the Subleased Premises, over a base year of 1998; provided, however, that Subtenant shall not be obligated to pay increases that exceed a 10% increase per year. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant pay any increases in writing whether Landlord consents or excess of 10% per year.
2.2 If Subtenant does not consent to such extended term. If Landlord does not consent to such extended termexercise the first Option, Landlord's written notice it shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Term shall be considered to mean the end of the Term as extended.
(b) Tenant's have no right to exercise the option to extend second Option.
2.3 Except for each period is subject to satisfaction the term and rental rate, the direct lease shall be on the same terms and conditions as this Sublease, including the incorporation of those terms of the following conditions precedent: (i) this Master Lease shall be in effect at that are not inconsistent with the time notice of exercise of an option to extend is given and on the last day terms of the Term of the Lease prior to its extension; and (ii) Tenant shall not be in Default under any provision of this Lease at the time notice of exercise of the option is given nor shall an Uncured Default exist as of the last day of the Term prior to its extensionSublease.
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Samples: Sublease (Micro Media Solutions Inc)