Common use of Procedure to Determine Fair Market Rent Clause in Contracts

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 6 contracts

Samples: Office Lease, Office Lease (Quotient Technology Inc.), Sublease Agreement (Atara Biotherapeutics, Inc.)

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Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after Tenant’s receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide deliver timely written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election election) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 3 contracts

Samples: Real Estate Matters Agreement, Real Estate Matters Agreement (Keysight Technologies, Inc.), Real Estate Matters Agreement (Agilent Technologies Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, 7782265_1.docx or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 2 contracts

Samples: Lease Agreement (Miramar Labs, Inc.), Lease Agreement (Miramar Labs, Inc.)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 2 contracts

Samples: Lease (Neophotonics Corp), Lease (Neophotonics Corp)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty fifteen (3015) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of LandlordTenant’s FMRelection to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The election (or deemed election election) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Office Lease (Biotie Therapies Corp.)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Lease Agreement (Electroglas Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify --------------------------------------- Tenant in writing of Landlord’s 's determination of the Fair Market Rent ("Landlord’s 's FMR") within thirty fifteen (3015) days after receipt of the Extension Option Notice. Within thirty fifteen (3015) days after receipt of such written notice of Landlord’s 's FMR, Tenant shall have the right either to: (i) accept Landlord’s 's FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s 's FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Office Lease (Blaze Software Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election election) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Lease (Barracuda Networks Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after Tenant’s receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide deliver written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election election) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Lease (Intevac Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) 30 days after Landlord’s receipt of the Extension Option Notice. Within thirty (30) 30 days after Tenant’s receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth belowbelow by giving written notice of such election to Landlord (the “Election Notice”). The failure of Tenant to provide written notice of its election under the preceding sentence Election Notice within such 30-day period shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election election) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Office and R&d Lease (Aquantia Corp)

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Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after Tenant’s receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide deliver written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Lease (Intevac Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s 's determination of the Fair Market Rent ("Landlord’s 's FMR") within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after receipt of such written notice of Landlord’s 's FMR, Tenant shall have the right either to: (i) accept Landlord’s 's FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s 's FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Lease (All American Semiconductor Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty fifteen (3015) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Office Lease (Insweb Corp)

Procedure to Determine Fair Market Rent. Within thirty (30) days of Extension Option Notice, Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice). Within thirty (30) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) elect to cancel the Extension Option Notice for the Extension Term, (ii) accept Landlord’s FMR, FMR or (iiiii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance of Landlord’s FMR. The election (or deemed election ) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Lease Agreement (American Science & Engineering Inc)

Procedure to Determine Fair Market Rent. Landlord shall notify Tenant in writing of Landlord’s determination of the Fair Market Rent (“Landlord’s FMR”) within thirty (30) days after receipt of the Extension Option Notice. Within thirty (30) days after receipt of such written notice of Landlord’s FMR, Tenant shall have the right either to: (i) accept Landlord’s FMR, or (ii) elect to have the Fair Market Rent determined in accordance with the appraisal procedure set forth below. The failure of Tenant to provide written notice of its election under the preceding sentence shall be deemed an acceptance a rejection of Landlord’s FMR. The election (or deemed election rejection) by Tenant under this section shall be non-revocable and binding on the parties.

Appears in 1 contract

Samples: Office Lease (Terns Pharmaceuticals, Inc.)

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