Common use of Options to Renew Clause in Contracts

Options to Renew. Provided Tenant is not in default under this Lease, Tenant shall have an option to renew this Lease for three (3) successive periods of five (5) years each. Tenant shall exercise the option to renew by giving notice to Landlord not more than eighteen (18) months nor less than twelve (12) months before expiration of the then-existing term. Except as provided below, each renewed term shall be on the same terms, covenants, and conditions as provided in this Lease for the initial term. The initial Base Rent shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase in the cost of living index during the entire previous term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumer Price Indexes, All Items Indexes, All Urban Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date. The Base Rent for the second renewal term shall be equal to the fair rental value for the Premises as agreed by the parties. In no event shall the rent be less than the rent in effect immediately prior to the commencement of the second renewal term. In the event the parties cannot agree upon the amount of rental, the parties shall agree upon an appraiser to fix the fair market rental. In the event the parties cannot agree upon an appraiser, either party may petition the Superior Court of the State of California for the County of Santa Xxxx to have the court appoint such an appraiser, with each party to bear one-half of the cost of such appraiser. The Base Rent for the third renewal term shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase in the cost of living index during the entire previous lease term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date.

Appears in 1 contract

Samples: Lease Agreement (Coast Bancorp)

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Options to Renew. Provided Landlord hereby grants to Tenant three (3) options to renew this Lease each for an additional five (5) year term provided Tenant is not then in default under this Lease, Lease and Tenant shall have an option to renew this Lease for three (3) successive periods of five (5) years each. Tenant shall exercise the option to renew by giving gives written notice to Landlord not more than eighteen (18) months nor less than twelve one hundred twenty (12120) months before days prior to the expiration of the then-original or then existing termrenewal term of this Lease. Except as provided below, each renewed term shall be on the same terms, covenants, and conditions as provided in this Lease for the initial term. The initial Monthly Base Rent shall be equal to increased for the first year of the initial renewal term by two percent (2.0%) over the Monthly Base Rent at charged (not including abatements in rent for reason other than a permanent taking by way of condemnation or deed in lieu thereof) in the commencement final year of the previous original Term of this Lease and by two percent (2.0%) per annum over the immediately preceding lease term, increased to reflect any increase in year for each of the cost second and third years of living index during the entire previous renewal term. The increase Monthly Base Rent shall be calculated on increased for the basis fourth and fifth years of the U.S. Department of Labor Consumer Price Indexes, All Items Indexes, All Urban Consumers for initial renewal term by three percent (3.0%) per annum over the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment datepreceding lease year. The Monthly Base Rent for the first year of the second and third renewal terms will be ninety percent (90%) of the then prevailing market rate for similar properties but not more than one hundred five percent (105%) of the immediately preceding lease year (not including abatements in rent for reason other than a permanent taking by way of condemnation or deed in lieu thereof). The Monthly Base Rent will be increased for the second through fifth years of the renewal terms by two and one-half (2 1/2%) per annum, over the immediately preceding lease year. All other terms and conditions of this Lease will remain in full force and effect during the renewal term shall be equal other than the requirement that Landlord provide Leasehold Improvements to the fair rental value for the Premises as agreed by the parties. In no event shall the rent be less than the rent in effect immediately prior to the commencement of the second renewal termCommencement Date. In the event the parties canTHIS FIRST AMENDMENT TO LEASE is entered into this 30 day of September, 2003, by and between HGL PROPERTIES L.P., LTD., a Florida limited partnership (“Landlord”), and ALLIANCE MORTGAGE COMPANY, a Florida corporation (“Tenant”). All terms not agree upon the amount of rental, the parties otherwise defined herein shall agree upon an appraiser to fix the fair market rental. In the event the parties cannot agree upon an appraiser, either party may petition the Superior Court of the State of California for the County of Santa Xxxx to have the court appoint such an appraiser, with each party meaning assigned to bear one-half of the cost of such appraiser. The Base Rent for the third renewal term shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase them in the cost of living index during the entire previous lease term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date“Lease” (defined below).

Appears in 1 contract

Samples: Lease Agreement (EverBank Financial Corp)

Options to Renew. (i) Provided Tenant Lessor has not previously given Lessee a notice under paragraph 23(P) hereof, and Lessee is not in default under the terms of this LeaseLease at the end of the original term, Tenant Lessee shall have an option the right and privilege, at its election, to renew the term of this Lease for three (3) successive periods an additional period of five (5) years each. Tenant shall exercise commencing upon the option to renew by giving notice to Landlord not more than eighteen (18) months nor less than twelve (12) months before day after the expiration of the then-existing termterm hereof and terminating five (5) years thereafter without further notice. Except Such one year period is hereinafter referred to as provided belowthe "First Renewal Term". In order to exercise said option, each renewed Lessee must give Lessor written notice of its election to renew ("Preliminary Renewal Notice") at least one hundred eighty (180) days prior to the expiration of the term hereof. Said renewal shall be on the same terms, covenants, terms and conditions as herein provided in this Lease for the initial term. The initial Base original term except that the Minimum Annual Rent shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase calculated as set forth in the cost of living index during the entire previous term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumer Price Indexes, All Items Indexes, All Urban Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date. The Base Rent for the second renewal term shall be equal to the fair rental value for the Premises as agreed by the parties. In no event shall the rent be less than the rent in effect immediately prior to the commencement of the second renewal termsubparagraph 25(C). In the event Lessee does not exercise its option to renew within the parties cantime set forth, the second option to renew set forth in subparagraph 25(B)(ii) hereof shall terminate and the provisions of subparagraph 25(A) shall apply. Certain information in this document denoted by the symbol *** has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. ESWW-28 Confidential Treatment Requested by Environmental Solutions Worldwide, Inc. (ii) Provided Lessor has not agree previously given Lessee a notice under paragraph 23(P) hereof, and Lessee is not in default under the terms of this Lease at the end of the First Renewal Term and Lessee has exercised its first option to renew, as set forth in subparagraph 25(B)(i) hereof, Lessee shall have the right and privilege, at its election, to renew the term of this Lease for an additional period of five (5) years commencing upon the amount day after the expiration of rentalthe First Renewal Term and terminating five (5) years thereafter without further notice. Such one year period is hereinafter referred to as the "Second Renewal Term". In order to exercise said option, Lessee must give Lessor Preliminary Renewal Notice at least one hundred eighty (180) days prior to the parties expiration of the First Renewal Term. Said second renewal shall agree upon an appraiser to fix be on the fair market rentalsame terms and conditions as herein provided for the First Renewal Term, except that the Minimum Annual Rent shall be calculated as set forth subparagraph 25(C). In the event Lessee does not exercise its second option to renew within the parties cannot agree upon an appraisertime set forth, either party may petition the Superior Court provisions of the State of California for the County of Santa Xxxx to have the court appoint such an appraiser, with each party to bear one-half of the cost of such appraiser. The Base Rent for the third renewal term subparagraph 25(A) shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase in the cost of living index during the entire previous lease term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment dateapply.

Appears in 1 contract

Samples: Lease Agreement (Environmental Solutions Worldwide Inc)

Options to Renew. Provided Landlord hereby grants to Tenant is not in default under this Lease, Tenant shall have an option two (2) options to renew this Lease for three (3) successive periods of an additional five (5) years each. year term each following the expiration of the immediately preceding term provided Tenant shall exercise the option to renew by giving is not then in default under this Lease and Tenant gives written notice to Landlord not more than eighteen (18) months nor less than twelve one hundred twenty (12120) months before days prior to the expiration of the then-existing termextended term of this Lease. Except as provided below, each renewed term shall be on the same terms, covenants, and conditions as provided in this Lease for the initial term. The initial Monthly Base Rent shall be equal to increased for the first year of the renewal term by one and one-half per cent (1.5%) over the Monthly Base Rent at charged (not including abatements in rent for reason other than a permanent taking by way of condemnation or deed in lieu thereof) in the commencement final year of the previous original Term of this Lease. Monthly Base Rent shall increase for each of the second through fifth years of the renewal by one and one-half per cent (1.5%) over the immediately preceding lease term, increased to reflect any increase year. All other terms and conditions of this Lease will remain in the cost of living index full force and effect during the entire previous term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumer Price Indexes, All Items Indexes, All Urban Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date. The Base Rent for the second renewal term shall be equal other than the requirement that Landlord provide Leasehold Improvements to the fair rental value for the Premises as agreed by the parties. In no event shall the rent be less than the rent in effect immediately prior to the commencement of the second renewal termCommencement Date. In the event the parties cannot agree upon the amount of rental, the parties shall agree upon an appraiser to fix the fair market rental. In the event the parties cannot agree upon an appraiser, either party may petition the Superior Court THIS AMENDMENT TO LEASE is entered into as of the State 14th day of California for the County of Santa April, 1999, by and between HGL PROPERTIES L.P., LTD., a Florida limited partnership (“Landlord”), whose mailing address is 0000 Xxxxxxxxx Xxxx to Xxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxxxx, Xxxxxxx 00000 and ALLIANCE MORTGAGE COMPANY, a Florida corporation (“Tenant”), whose mailing address is 0000 Xxxxxxx Xxx, Xxxxxxxxxxxx, Xxxxxxx 00000. All terms not otherwise defined herein shall have the court appoint such an appraiser, with each party meaning assigned to bear one-half of the cost of such appraiser. The Base Rent for the third renewal term shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase them in the cost of living index during the entire previous lease term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date“Lease” (defined below).

Appears in 1 contract

Samples: Lease Agreement (EverBank Financial Corp)

Options to Renew. Provided Landlord hereby grants Tenant is not in default under this Lease, Tenant shall have an one (1) option to renew this Lease the term of the Lease, upon the following terms and conditions: (a) The renewal term shall be for three (3) successive periods of five (5) years each. years, commencing on the day following the expiration date of the initial term; (b) Tenant must exercise the option, if at all, upon at least ninety (90) days' written notice to Landlord, prior to the expiration date of the initial term, as the case may be; (c) At the time Tenant delivers its notice of election to renew to Landlord, this Lease shall be in full force and effect and Tenant shall exercise the option to renew by giving notice to Landlord not more than eighteen (18) months nor less than twelve (12) months before expiration then be in default under any of the then-existing term. Except as provided below, each renewed material terms and conditions of the Lease beyond any applicable cure period; (d) The renewal term shall be on upon the same terms, covenants, covenants and conditions as provided in this Lease for the initial term. The initial Base Rent shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase contained in the cost of living index during Lease, except that the entire previous term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumer Price Indexes, All Items Indexes, All Urban Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date. The annual Base Rent for the second renewal term shall be equal to the fair rental value for the Premises as agreed by the parties. In no event shall the rent be less than set forth in Exhibit G attached hereto; (e) Tenant shall continue to pay Tenant's Space Ratio of all costs and expenses of operation as set forth in Section 4 above; (f) In the rent in effect immediately event that Tenant assigns this Lease at any time prior to the commencement expiration of the second initial term of this Lease, there shall be no further right or privilege to renew the term of this Lease; and (g) If Tenant exercises the option to renew, Landlord and Tenant shall execute and deliver an amendment to this Lease confirming the commencement and expiration dates of the renewal term. In the event the parties cannot agree upon the amount of rental, the parties shall agree upon an appraiser to fix the fair market rental. In the event the parties cannot agree upon an appraiser, either party may petition the Superior Court of the State of California for the County of Santa Xxxx to have the court appoint such an appraiser, with each party to bear one-half of the cost of such appraiser. The Base Rent for the third renewal term shall be equal to the Base Rent at payable by Tenant during the commencement of the previous lease renewal term, increased to reflect and any increase in the cost of living index other relevant terms and conditions agreed upon by Landlord and Tenant applicable during the entire previous lease renewal term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date.

Appears in 1 contract

Samples: Commercial Lease (Orasure Technologies Inc)

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Options to Renew. Provided Landlord hereby grants to Tenant three (3) options to renew this Lease each for an additional five (5) year term provided Tenant is not then in default under this Lease, Lease and Tenant shall have an option to renew this Lease for three (3) successive periods of five (5) years each. Tenant shall exercise the option to renew by giving gives written notice to Landlord not more than eighteen (18) months nor less than twelve one hundred twenty (12120) months before days prior to the expiration of the then-original or then existing termrenewal term of this Lease. Except as provided below, each renewed term shall be on the same terms, covenants, and conditions as provided in this Lease for the initial term. The initial Monthly Base Rent shall be equal to increased for the first year of the initial renewal term by two percent (2.0%) over the Monthly Base Rent at charged (not including abatements in rent for reason other than a permanent taking by way of condemnation or deed in lieu thereof) in the commencement final year of the previous original Term of this Lease and by two percent (2.0%) per annum over the immediately preceding lease term, increased to reflect any increase in year for each of the cost second and third years of living index during the entire previous renewal term. The increase Monthly Base Rent shall be calculated on increased for the basis fourth and fifth years of the U.S. Department of Labor Consumer Price Indexes, All Items Indexes, All Urban Consumers for initial renewal term by three percent (3.0%) per annum over the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment datepreceding lease year. The Monthly Base Rent for the first year of the second and third renewal terms will be ninety percent (90%) of the then prevailing market rate for similar properties but not more than one hundred five percent (105%) of the immediately preceding lease year (not including abatements in rent for reason other than a permanent taking by way of condemnation or deed in lieu thereof). The monthly Base Rent will be increased for the second through fifth years of the renewal terms by two and one-half (21/2 %) per annum over the immediately preceding lease year. All other terms and conditions of this Lease will remain in full force and effect during the renewal term shall be equal other than the requirement that Landlord provide Leasehold Improvements to the fair rental value for the Premises as agreed by of the partiesCommencement Date. In no event shall the rent be less than the rent in effect immediately prior to the Landlord will provide Tenant with a $l75,000 decorating allowance upon commencement of the second first renewal term. In the event the parties cannot agree upon the amount of rental, the parties shall agree upon an appraiser to fix the fair market rental. In the event the parties cannot agree upon an appraiser, either party may petition the Superior Court of the State of California for the County of Santa Xxxx to have the court appoint such an appraiser, with each party to bear one-half of the cost of such appraiser. The Base Rent for the third renewal term shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase in the cost of living index during the entire previous lease term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date.

Appears in 1 contract

Samples: Lease Agreement (EverBank Financial Corp)

Options to Renew. Provided (a) Landlord hereby grants to Tenant is not in default under this Lease, Tenant shall have an one (1) option to renew this Lease for three an additional seven (37) successive periods of five month term provided Tenant is not then in default under this Lease or the Lease Agreement dated May 14,1998, with Landlord covering the space located at 0000 Xxxxxxx Xxx (5) years each. the “Nations Way Lease”), the Nations Way Lease is in full force and effect and Tenant shall exercise the option to renew by giving gives written notice to Landlord not more than eighteen (18) months nor less than twelve one hundred twenty (12120) months before days prior to the expiration of the then-existing termoriginal term of this Lease. Except as provided below, each renewed term shall be on the same terms, covenants, and conditions as provided in this Lease for the initial term. The initial Monthly Base Rent shall be equal to the Monthly Base Rent at charged (not including abatements in rent for reason other than a permanent taking by way of condemnation or deed in lieu thereof) in the commencement final year of the previous lease term, increased original Term of this Lease. (b) Landlord hereby grants to reflect any increase in Tenant one (1) option to renew this Lease for an additional five (5) year term following the cost of living index during the entire previous term. The increase shall be calculated on the basis expiration of the U.S. Department of Labor Consumer Price Indexes, All Items Indexes, All Urban Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately extended term set forth in subparagraph (a) above provided Tenant is not then in default under this Lease and Tenant gives written notice to Landlord not less than one hundred twenty (120) days prior to the adjustment dateexpiration of the extended term of this Lease. Monthly Base Rent shall be increased for the first year of the renewal term by two percent (2.0%) over the Monthly Base Rent charged (not including abatements in rent for reason other than a permanent taking by way of condemnation or deed in lieu thereof) in the final year of the original Term of this Lease. The Monthly Base Rent shall be increased for the second fourth and fifth years of the renewal term shall be equal by three percent (3.0%) per annum over the immediately preceding lease year. All other terms and conditions of this Lease will remain in full force and effect during the renewal term other than the requirement that Landlord provide Leasehold Improvements to the fair rental value for the Premises as agreed by the parties. In no event shall the rent be less than the rent in effect immediately prior to the commencement of the second renewal termCommencement Date. In the event the parties canTHIS SECOND AMENDMENT TO LEASE is entered into this 30 day of September, 2003, by and between HGL PROPERTIES L.P., LTD., a Florida limited partnership (“Landlord”), and ALLIANCE MORTGAGE COMPANY, a Florida corporation (“Tenant”). All terms not agree upon the amount of rental, the parties otherwise defined herein shall agree upon an appraiser to fix the fair market rental. In the event the parties cannot agree upon an appraiser, either party may petition the Superior Court of the State of California for the County of Santa Xxxx to have the court appoint such an appraiser, with each party meaning assigned to bear one-half of the cost of such appraiser. The Base Rent for the third renewal term shall be equal to the Base Rent at the commencement of the previous lease term, increased to reflect any increase them in the cost of living index during the entire previous lease term. The increase shall be calculated on the basis of the U.S. Department of Labor Consumers for the San Francisco-Oakland-San Xxxx area, based on the most recent publication of the index immediately prior to the adjustment date“Lease” (defined below).

Appears in 1 contract

Samples: Lease Agreement (EverBank Financial Corp)

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