Common use of Renewal Rent Clause in Contracts

Renewal Rent. Basic Annual Rental during the Renewal Terms shall be at NINETY-FIVE PERCENT (95%) of the prevailing rate (including also annual increases, other additional charges, and market concessions) as reasonably determined by Landlord and Tenant for other similar space in the Germantown sub-market similar to the Demised Premises tendered by Landlord to Tenant prior to Tenant’s Work (the “Renewal Rental”). Notwithstanding the foregoing, the Renewal Rental payable by Tenant for the first lease year of the first Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the seventh (7th) Lease Year of the Initial Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the third (3rd) Lease Year of the first Renewal Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 5th Lease Year of the first Renewal Term. Furthermore, the Basic Annual Rental payable by Tenant during the first Lease Year of each Renewal Term shall be subject to a fixed escalation of not less than three percent (3%) per year as of the commencement of the second and each succeeding Lease Year during the applicable Renewal Term. Landlord shall notify Tenant as to the Renewal Rental within ten (10) business days after request by Tenant for such information, which request shall be made by Tenant not earlier than two hundred seventy (270) days before the end of the then current Term. Basic Annual Rental shall be payable during the Renewal Terms in the manner as prescribed in this Lease. In addition to the Renewal Rental, Tenant shall pay to Landlord, at the times indicated herein, the Additional Rent and other sums required to be paid by Tenant pursuant to the terms of this Lease.

Renewal Rent. Basic Annual Rental during the Renewal Terms shall be at NINETY-FIVE PERCENT (95%) of the prevailing rate (including also annual increases, other additional charges, and market concessions) as reasonably determined by Landlord and Tenant for other similar space in the Germantown and Gaithersburg sub-market similar to the Demised Premises tendered by Landlord to Tenant prior to Tenant’s Work markets (the “Renewal Rental”). Notwithstanding the foregoing, the Renewal Rental payable by Tenant for the first lease year of the first Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the seventh (7th) Lease Year of the Initial Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during for the third (3rd) Lease Year of the first Renewal Term. If the rent floor described above is applicable to the First Renewal Term, nor more than one hundred five percent Landlord shall provide to Tenant a refurbishment allowance equal to Seven Dollars (105%$7.00) per square foot of rentable space in the Basic Annual Rental payable Demised Premises. No refurbishment allowance shall be provided by Landlord to Tenant during if the 5th Lease Year of rent floor is applicable to the first second Renewal Term. Furthermore, the Basic Annual Rental payable by Tenant during the first Lease Year of each Renewal Term shall be subject to a fixed escalation of not less than three percent (3%) per year as of the commencement of escalation, commencing with the second and each succeeding Lease Year during the applicable Renewal Term, at the prevailing rate in the above-specified sub-markets, which rate shall not be less than two percent (2%) per year. Landlord shall notify Tenant as to the Renewal Rental within ten (10) business days after request by Tenant for such information, which request shall be made by Tenant not earlier than two three hundred seventy (270300) days before the end of the then current Term. Basic Annual Rental shall be payable during the Renewal Terms in the manner as prescribed in this Lease. In addition to the Renewal Rental, Tenant shall pay to Landlord, at the times indicated herein, the Additional Rent and other sums required to be paid by Tenant pursuant to the terms of this Lease.

Renewal Rent. Basic Annual Rental The rent during the Renewal Terms Term shall be at NINETY-FIVE PERCENT a sum equal to ninety (9590%) percent of the prevailing rate (including also annual increases, other additional charges, and market concessions) as reasonably determined by Landlord and Tenant Fair Market Rental for other similar space in the Germantown sub-market similar to the Demised Premises tendered by subject to annual cumulative and compounded increases based upon CPI as set forth in Section 4.01 herein. Within thirty (30) days of the date upon which Tenant shall exercise its renewal option, Landlord shall give notice (“Valuation Notice”) to Tenant prior setting forth an amount which Landlord determines to be the Fair Market Rental for the Renewal Term. If Tenant shall dispute Landlord’s determination of Fair Market Rental, Tenant shall give notice to Landlord of such dispute within fifteen (15) days of Tenant’s Work (receipt of the “Renewal Rental”)Valuation Notice. Notwithstanding the foregoingabove, with respect to the Renewal Term, in the event the parties fail to reach an agreement as to the Fair Market Rental of the Demised Premises to be paid by the Tenant during the Renewal Term within sixty (60) days after the Tenant delivers written notice to the Landlord of Tenant’s objection to the Valuation Notice, such amount shall be determined by appraisers appointed and who shall qualify and act as provided in subsections (i) - (iv) hereof. Prior to the determination of the arbitrators, Tenant shall pay as the Basic Rent and Additional Rent Tenant is obligated to pay under this Lease, the Renewal Rental amount set forth in the Valuation Notice and in the event the arbitrators determine that the Basic Rent and Additional Rent payable by pursuant to this Section is greater than that set forth in the Valuation Notice, then Tenant shall pay promptly to Landlord the amount of its underpayment of Basic Rent and Additional Rent for the period commencing on the first lease year day of the Renewal Term, or if the arbitrators determine that the Basic Rent and Additional Rent payable pursuant to this Section is less than that set forth in the Valuation Notice, then Tenant shall be entitled to a credit in the amount of its overpayment for the period commencing on the first day of the Renewal Term with interest on such overpayment at the prime rate as such rate is published by the Wall Street Journal, which credit shall not be applied to the next succeeding payment or payments of Basic Rent. In no event shall the Basic Rent payable during the first month of the Renewal Term be less than the Basic Annual Rental Rent payable by Tenant during in the seventh (7th) Lease Year last month of the Initial Term, nor more than one hundred five percent term as increased by CPI compounded annually. (105%i) of the Basic Annual Rental payable by Landlord and Tenant during the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term each shall not be less than the Basic Annual Rental payable by Tenant during the third (3rd) Lease Year of the first Renewal Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 5th Lease Year of the first Renewal Term. Furthermore, the Basic Annual Rental payable by Tenant during the first Lease Year of each Renewal Term shall be subject to a fixed escalation of not less than three percent (3%) per year as of the commencement of the second and each succeeding Lease Year during the applicable Renewal Term. Landlord shall notify Tenant as to the Renewal Rental appoint an appraiser within ten (10) business days after either of them shall have requested an appraisal. If either Landlord or Tenant shall have failed to do so within a period of five (5) days after the date of the notice from the other party requesting same, then upon the request by Tenant for of either Landlord or Tenant, as the case may be, such information, which request other appraiser shall be made appointed by Tenant not earlier than a Justice of the Supreme Court of the State of New York, Kings County, or any successor court; (ii) The two hundred seventy (2702) appraisers appointed as above provided shall select a third appraiser and if they fail to do so within ten (10) days before after their appointment, such third appraiser shall be appointed as above provided for the end appointment of an appraiser where either party has failed to do so; (iii) Each appraiser shall be a person with at least ten (10) years experience in appraising real estate, or in acting as a real estate broker in the County of Kings, and who is a member in good standing of the then current TermAmerican Institute of Real Estate Appraisers or its successors or of a like body if such institute is not in existence and has no successor and whose appraisals are generally acceptable to institutional lenders; (iv) The three (3) appraisers selected as aforesaid shall convene and commence hearings within ten (10) days after the appointment of the third appraiser and shall proceed to conclude such hearings within a reasonable time thereafter. Basic Annual Rental The decision of such appraisers shall be payable during in writing and made within ten (10) days after the Renewal Terms in final hearing unless extended by agreement between Landlord and Tenant and the manner as prescribed in this Leasevote of the majority of them shall be the decision of all and binding upon Landlord and Tenant. In addition Duplicate original counterparts of the decision shall be sent to the Renewal Rental, both Landlord and Tenant. Landlord and Tenant each shall pay to Landlord, at for the times indicated herein, expenses and fees of their respective attorneys and of the Additional Rent appraiser appointed by or on behalf of each of them. All other expenses of the appraisal shall be borne by Landlord and other sums required to be paid by Tenant pursuant to the terms of this Leaseequally.

Renewal Rent. Basic Annual Rental during If Tenant exercises its option to extend the Renewal Terms Term for an additional 99 Lease Years, annual Fixed Rent for the extension term shall be at NINETY-FIVE PERCENT adjusted to equal seven and one half percent (957.5%) of the prevailing rate (including also annual increases, other additional charges, and market concessions) Land Value of the Premises as reasonably determined by Landlord and Tenant for other similar space in of the Germantown sub-market similar to date of the Demised Premises tendered by Landlord to Tenant prior to Tenant’s Work Notice exercising the Renewal Option (the “Renewal RentalRevaluation Date”). Notwithstanding the foregoing, If Tenant exercises the Renewal Rental payable by Tenant Option, then the parties shall promptly endeavor to agree upon the Land Value for that Renewal Term. If, one (1) year before the first lease year day of the first Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the seventh (7th) Lease Year of the Initial Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the third (3rd) Lease Year of the first such Renewal Term, nor more than one hundred five percent (105%) they have not agreed, then either shall notify the other of the Basic Annual Rental payable by Tenant during impasse. Each party shall within 10 Business Days after the 5th Lease Year effective date of such Notice designate an Appraiser. If either party fails to timely designate an Appraiser, and does not cure such failure within 10 Business Days after Notice of such failure, then the one Appraiser the other party designated shall resolve the dispute. The two Appraisers so designated shall within 10 Business Days designate a third. Within 10 Business Days after designation of the first Renewal TermAppraiser(s), each party shall simultaneously submit to the Appraiser(s), with a copy to the other party, such party’s proposed Land Value in a single unqualified US Dollar amount, with such information and supporting materials as each submitter determines appropriate. FurthermoreWithin 30 Business Days after the parties have made their submissions, the Basic Annual Rental payable Appraiser(s), by Tenant during majority vote (or by the first Lease Year determination of each Renewal Term the one Appraiser, if only one Appraiser is designated), shall select as Land Value either Landlord’s proposal or Tenant’s proposal. The Appraiser(s) shall have no authority to designate any other Land Value. If a party fails to make a timely proposal, then the submission and exchange of proposals shall be subject deferred by 10 Business Days. The party that was ready to proceed shall give the other party immediate Notice of such deferral and the consequences of failing to make a fixed escalation of timely proposal. If, after such deferral and such Notice, a party still fails to make a timely proposal, then the other party’s proposal shall automatically be deemed the Land Value, provided only that the Appraiser(s) determine(s) that such proposal is not less than three percent (3%commercially unreasonable, arbitrary, or capricious.) per year as of The Land Value the commencement of the second and each succeeding Lease Year during the applicable Renewal Term. Landlord shall notify Tenant as to the Renewal Rental within ten (10Appraiser(s) business days after request by Tenant for such information, which request determine(s) shall be made by Tenant not earlier than two hundred seventy (270) days before the end of the then current Term. Basic Annual Rental shall be payable during the Renewal Terms in the manner as prescribed in this Lease. In addition to the Renewal Rental, Tenant shall pay to Landlord, at the times indicated herein, the Additional Rent and other sums required to be paid by Tenant pursuant to the terms Land Value for all purposes of this Lease.

Renewal Rent. Basic Annual Rental All terms and conditions of this Lease shall be applicable during the Renewal Terms Term, except that the Base Year shall be at NINETY-FIVE PERCENT (95%) the first calendar year of the prevailing rate (including also annual increasesRenewal Term and the amount of Rent charged for the Renewal Term shall be the then “Prevailing Market Rent”, other additional chargeswhich shall be the rent for office space in Comparable Buildings, and parking charges and other charges shall be adjusted to reflect prevailing market concessionsconditions. If within sixty (60) as reasonably determined by days following delivery of Tenant’s notice, Landlord and Tenant have not mutually agreed on the Prevailing Market Rent for other similar space the Renewal Term in question, then, within ten (10) days after the Germantown sub-market similar expiration of such sixty (60)-day period, each party shall give written notice to the Demised Premises tendered other setting forth the name and address of a Broker (as hereinafter defined) selected by Landlord such party who has agreed to Tenant prior act in such capacity, to Tenant’s Work (determine the “Renewal Rental”)Prevailing Market Rent. Notwithstanding the foregoingIf either party shall fail to select a Broker as aforesaid, the Renewal Rental payable Prevailing Market Rent shall be determined by Tenant for the first lease year Broker selected by the other party. Each Broker shall thereupon independently make his determination of the first Renewal Term shall not be less than Prevailing Market Rent within twenty (20) days after the Basic Annual Rental payable by Tenant during the seventh (7th) Lease Year appointment of the Initial Termsecond Broker. If the two Brokers’ determinations are not the same, nor but the higher of such two values is more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during lower of them, then the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term two Brokers shall not be less than the Basic Annual Rental payable by Tenant during the jointly appoint a third (3rd) Lease Year of the first Renewal Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 5th Lease Year of the first Renewal Term. Furthermore, the Basic Annual Rental payable by Tenant during the first Lease Year of each Renewal Term shall be subject to a fixed escalation of not less than three percent (3%) per year as of the commencement of the second and each succeeding Lease Year during the applicable Renewal Term. Landlord shall notify Tenant as to the Renewal Rental Broker within ten (10) business days after request by Tenant for such information, which request the second of the two determinations described above has been rendered. The third Broker shall choose the determination of one of the two other Brokers to be made by Tenant not earlier than two hundred seventy the Prevailing Market Rent within twenty (27020) days before after his appointment. Among the end of factors to be considered by the then current Term. Basic Annual Rental shall be payable parties (and their brokers, if applicable) during such negotiations are the Renewal Terms general office rental market in the manner Market Area and the rental rates and concession packages then being quoted by Landlord to comparable tenants for comparable space in the Building, and concessions granted to similar tenants for similar office space in Comparable Buildings. Within thirty (30) days after the Prevailing Market Rent is determined as prescribed in this Lease. In addition to the Renewal Rental, Tenant shall pay to Landlord, at the times indicated hereinaforesaid, the Additional parties shall execute an amendment to this Lease setting forth the new Rent and other sums required to be paid by Tenant pursuant to for the terms Renewal Term. For the purposes of this Lease.Addendum, “

Renewal Rent. Basic Annual Rental during the Renewal Terms The Base Rent shall be at NINETY-FIVE PERCENT (95%) of the prevailing rate (including also annual increases, other additional charges, and market concessions) as reasonably determined by Landlord and Tenant for other similar space in the Germantown sub-market similar to the Demised Premises tendered by Landlord to Tenant prior to Tenant’s Work (the “Renewal Rental”). Notwithstanding the foregoing, the Renewal Rental payable by Tenant for the first lease year of the first Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the seventh (7th) Lease Year of the Initial Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the third (3rd) Lease Year of the first Renewal Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 5th Lease Year of the first Renewal Term. Furthermore, the Basic Annual Rental payable by Tenant during the first Lease Year of each Renewal Term shall be subject to a fixed escalation of not less than three percent (3%) per year adjusted as of the commencement date of each renewal term pursuant to Sections 17.1 and 17.2, to an amount equal to the fair market rental value of the second and each succeeding Lease Year during Premises, determined as provided below, as of the applicable Renewal Term. Landlord first (1st) day of the renewal term in question, which fair market rental value shall notify Tenant as be determined by agreement of the parties or, failing such agreement within one (1) year prior to the Renewal Rental within ten (10) business days after request first day of the renewal term in question, by Tenant for such information, an arbitration which request shall be made by Tenant not earlier than two hundred seventy (270) days before the end of the then current Term. Basic Annual Rental shall be payable during the Renewal Terms conducted in the manner provided in Article 18 in which the arbitrator shall determine the fair rental value of the Premises (for automobile dealership use only (or any other Vehicle-Related Use or other use for which the Premises is in fact being used, but only to the extent that such other Vehicle-Related Use or other use is a higher and better use of the Premises than as prescribed an automobile dealership), and taking into consideration the obligations of Tenant under this Lease (the arbitrator is to conclusively presume that the Premises are in this Leasegood condition and repair, are undamaged by any fire or other casualty and are free of any environmental contamination), the character and location of the Premises, the absence of a brokerage commission, work letter or rent concessions, any further provisions for adjustment of Base Rent, and other factors customarily taken into account in calculating fair market rental value of real property, but excluding any value added by Alterations in the nature of new Buildings (other than where Tenant has demolished and replaced a Building existing on the date hereof, in which event any value added by such Alterations shall be included) or additions to Buildings existing on the date hereof and undertaken by Tenant, but including renovations or restorations to (but not expansions of) Buildings existing on the date hereof, determined as of the date the Base Rent is to be adjusted). In addition to the Renewal Rental, Tenant no event shall pay to Landlord, at the times indicated herein, the Additional Base Rent and other sums required to for any renewal term (a) be paid by Tenant reduced below an amount determined pursuant to the terms of this LeaseRent Adjustment and Takeback Agreement, or(b) be increased to an amount greater than the amount determined pursuant to the Rent Adjustment and Takeback Agreement.

Renewal Rent. Basic Annual Rental The Base Rent payable during the Renewal Terms Term shall be at NINETYninety-FIVE PERCENT five percent (95%) of the prevailing rate (including also annual increases, other additional charges, and market concessions) as reasonably determined by Landlord and Tenant for other similar space in the Germantown sub-market similar to the Demised Premises tendered by Landlord to Tenant prior to Tenant’s Work (the “Renewal Rental”). Notwithstanding the foregoing, the Renewal Fair Market Rental payable by Tenant for the first lease year of the first Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the seventh (7th) Lease Year of the Initial Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the third (3rd) Lease Year of the first Renewal Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 5th Lease Year of the first Renewal Term. Furthermore, the Basic Annual Rental payable by Tenant during the first Lease Year of each Renewal Term shall be subject to a fixed escalation of not less than three percent (3%) per year Rate as of the commencement of the second Renewal Term (subject to customary, market rate annual escalations). Provided that Tenant has delivered the Extension Notice as required under Section 3.2(b), no later than eighteen (18) months prior to the expiration of the Initial Term, Landlord shall deliver to Tenant written notice (the “Rental Notice”) of Landlord’s determination of the Fair Market Rental Rate and each succeeding shall advise Tenant of the required adjustment to Base Rent, if any. Tenant may accept the Fair Market Rental Rate set forth in the Rental Notice by written notice (the “Acceptance Notice”) to Landlord given within 15 days after receipt of the Rental Notice. If Tenant fails to timely to deliver its Acceptance Notice, unless Tenant shall have timely delivered Landlord the Rejection Notice (as defined below), then Tenant’s Option to Extend shall automatically expire and be of no further force or effect and this Lease Year during shall not be extended for the applicable Renewal Term. If Tenant, within fifteen (15) days after receipt of the Rental Notice, provides Landlord shall notify Tenant as with written notice confirming its exercise of its option to extend for the Renewal Term, but rejection of the terms set forth in the Rental Notice (the “Rejection Notice”), then for a period of fifteen (15) days thereafter Landlord and Tenant shall work together in good faith to agree upon the Base Rent for the Renewal Term. If Landlord and Tenant do not agree in writing upon the Base Rent for the Renewal Term within ten such fifteen (1015)-day period, then Tenant shall have been deemed to have rescinded its exercise of its Option to Extend (and the Option to Extend shall be deemed void and of no further force or effect and Tenant shall have no right to exercise the same), unless Tenant gives Landlord written notice within five (5) business days after request by Tenant for the expiration of such information, which request fifteen (15)-day period that the Base Rent shall be made by Tenant not earlier than two hundred seventy (270) days before the end at 95% of the then current Term. Basic Annual Fair Market Rental Rate, as determined by arbitration pursuant to Exhibit C of this Lease (which notice shall be payable during binding on Tenant and irrevocably commit Tenant to extend the Term for the Renewal Terms in the manner as prescribed in this Lease. In addition to the Renewal Rental, Tenant shall pay to Landlord, at the times indicated herein, the Additional Rent and other sums required to be paid by Tenant pursuant to the terms of this LeaseTerm).

Renewal Rent. Basic Annual Rental during No later than two hundred ten (210) days prior to the Renewal Terms Election Due Date for any Renewal Term, Landlord shall be at NINETY-FIVE PERCENT (95%) of deliver a Notice to Tenant which sets forth Landlord’s proposal for the prevailing rate (including also annual increases, other additional charges, and market concessions) as reasonably determined by Renewal Rent for such Renewal Term. If Landlord and Tenant do not enter into a written agreement confirming the Renewal Rent for other similar space in the Germantown sub-market similar to the Demised Premises tendered by Landlord to Tenant such Renewal Term within one hundred eighty (180) days prior to Tenant’s Work such Renewal Election Due Date, the Parties shall initiate the appraisal process set forth below on such date (the “Appraisal Commencement Date”) to determine the Renewal RentalRent for such Renewal Term. (i) The Parties shall each select to act on its behalf one independent appraisal firm, in which one or more of the members, officers or principals of such firm are members of the American Society of Appraisers and such member has a minimum of 10 years’ experience in appraising facilities similar in scope and use as the Leased Assets (each, an “Appraiser” and collectively, the “Appraisers”). Notwithstanding the foregoingLandlord or Tenant, as applicable, shall cause its Appraiser to determine the Renewal Rental payable by Tenant for the first lease year of the first Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the seventh (7th) Lease Year of the Initial Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 10th Lease Year of the Initial Term. The Renewal Rental payable by Tenant for the first Lease Year of the second Renewal Term shall not be less than the Basic Annual Rental payable by Tenant during the third (3rd) Lease Year of the first Renewal Term, nor more than one hundred five percent (105%) of the Basic Annual Rental payable by Tenant during the 5th Lease Year of the first Renewal Term. Furthermore, the Basic Annual Rental payable by Tenant during the first Lease Year of each Renewal Term shall be subject to a fixed escalation of not less than three percent (3%) per year Rent as of the commencement relevant date (giving effect to the impact, if any, of inflation from the date of the second and each succeeding Lease Year during the applicable Renewal Term. Landlord shall notify Tenant as Appraiser’s decision to the relevant date). The Parties shall each ensure that its Appraiser determines the Renewal Rental Rent within ninety (90) days after the Appraisal Commencement Date or Tenant’s receipt of a Notice (a “Lease Termination Notice”) that Landlord terminates this Master Lease or will repossess the Leased Assets in accordance therewith, or within ten (10) business months prior to the Final Lease Expiration (the “Initial Appraisal Period”). If either party fails to appoint its Appraiser within the time permitted, or only one duly appointed Appraiser determines the Renewal Rent within the Initial Appraisal Period, then the determination of such sole Appraiser shall be final and binding upon the Parties. For purposes of clarity, the “relevant date” with respect to any determination of the Renewal Rent, shall be deemed to be the date on which such applicable Renewal Term is to commence. Each Appraiser shall deliver a written report to each of Landlord and Tenant, which shall include the Renewal Rent for all the Leased Assets. This provision for determination by appraisal shall be specifically enforceable to the extent such remedy is available under applicable law, and any determination hereunder shall be final and binding upon the Parties except as otherwise provided by applicable law. (ii) If the difference between the amounts determined by two appointed Appraisers does not exceed ten percent (10%) of the lesser of such amounts, then the Renewal Rent, shall be an amount equal to fifty percent (50%) of the sum of the amounts so determined. If the difference between the amounts exceeds ten percent (10%) of the lesser of such amounts, then the Appraisers shall appoint a third Appraiser which shall perform the services set forth in Section 2.5(b)(iii). If required by the foregoing, the Appraisers shall agree on a third Appraiser (the “Third Appraiser”) that meets the above requirements no later than the earlier of: (x) thirty (30) days after request by Tenant for such information, which request shall be made by Tenant not earlier than two hundred seventy the Appraisal Commencement Date; (270y) days before the end Tenant’s receipt of the then current Term. Basic Annual Rental shall be payable during the Renewal Terms in the manner as prescribed in this Lease. In addition to the Renewal Rental, Tenant shall pay to Landlord, at the times indicated herein, the Additional Rent and other sums required to be paid by Tenant pursuant to the terms of this Lease.Lease Termination Notice; (z) or twelve