Common use of Rent During Extended Term Clause in Contracts

Rent During Extended Term. The Monthly Rent during the first year of the Extended Term shall be the fair-market rent of the Premises as Tenant and Landlord shall reasonably agree, but in no event less than the Monthly Rent payable immediately prior to the Extended Term. If Landlord and Tenant are unable to establish the fair-market rent prior to thirty (30) days in advance of the commencement of the Extended Term, the fair-market rent shall be determined by a single MAI certified real estate appraiser ("Appraiser") jointly selected by Landlord and Tenant. If they cannot in good faith agree to a single Appraiser by commencement of the Extended Term, the fair-market value shall be determined by a majority of three Appraisers, one selected by Landlord, one selected by Tenant, and one selected by the two previously selected Appraisers. After commencement of the Extended Term, Landlord and Tenant each shall give notice of its selection of a Appraiser to the other party. If either Landlord or Tenant fails or refuses to select an Appraiser within fifteen (15) days after receipt of written notice of the other party's selection of an Appraiser, the fair-market rent shall be determined by the single Appraiser selected. The Appraiser (or Appraisers) shall determine the fair-market rent as soon as possible. If a majority of the three Appraisers are unable to agree upon the fair-market rent within thirty (30) days after the appointment of the first Appraiser, the fair-market rent shall be an amount equal to the average of the three values determined by the Appraisers, excluding any fair-market rent which is ten percent (10%) greater than or ten percent (10%) less than the middle value. As used herein, "fair-market rent" shall mean the price that a ready and willing tenant would pay as Monthly Rent to a ready and willing landlord if the Premises were offered for lease on the open market for a reasonable period of time and shall be the product of the fair-market monthly rental rate per rentable square foot multiplied by the rentable area of the Premises. The fair-market rent shall be determined by (a) the quality and prestige of the Premises, including all improvements to the Premises, (b) recent monthly rental rates for buildings of similar quality, size and location, (c) the duration of the term, and (d) the financial strength of the tenant and any guarantors. Landlord and Tenant each shall pay for the Appraiser so appointed by such party, with both Tenant and Landlord jointly paying for any jointly appointed Appraiser. Until such determination of the fair-market rent, Tenant shall continue to pay the Monthly Rent immediately payable prior to commencement of the Extended Term.

Rent During Extended Term. The Monthly Yearly Rent payable by the LESSEE during the first year of the Extended Term shall be the fair-market rent greater of the Premises as Tenant and Landlord shall reasonably agree, but in no event less than following: (1) the Monthly Rent rate per annum payable immediately prior to at the Extended Term. If Landlord and Tenant are unable to establish the fair-market rent prior to thirty (30) days in advance end of the initial Lease term; or, (2) a sum equal to what would be considered as the fair market rental for the Premises, based upon the use of the same as first class office and warehouse space located in the rental community between Route 1 and Route 128 as of the date of commencement of the Extended Term, under similar terms and conditions as contained in this Lease, but requiring no investment by LESSOR for improvements, renovations, repairs, etc. (hereinafter referred to as "MARKET RENT"). If the fair-market rent parties cannot agree as to the Market Rent, the Market Rent shall be determined by a single MAI certified real estate appraiser two ("Appraiser"2) jointly selected appraisers who are members of the American Institute of Real Estate Appraisers to be appointed and paid for by Landlord and Tenanteach of the parties. If they such appraisers cannot in good faith agree to on the Market Rent, they shall together promptly select a single Appraiser by commencement third appraiser who shall also be a member of the American Institute of Real Estate Appraisers and whose fee shall be shared by each of the parties hereto. A written determination as to the Market Rent signed by any two (2) of the appraisers so chosen shall be final and binding on the parties hereto. The Yearly Rent payable by the LESSEE during the Extended TermTerm shall be paid in addition thereto, the fair-market value shall be determined by a majority of three Appraisers, one selected by Landlord, one selected by Tenant, and one selected by the two previously selected Appraisers. After commencement of the Extended Term, Landlord and Tenant each shall give notice of its selection of a Appraiser to the other party. If either Landlord or Tenant fails or refuses to select an Appraiser within fifteen (15) days after receipt of written notice of the other party's selection of an Appraiser, the fair-market rent shall be determined by the single Appraiser selected. The Appraiser (or Appraisers) shall determine the fair-market rent as soon as possible. If a majority of the three Appraisers are unable to agree upon the fair-market rent within thirty (30) days after the appointment of the first Appraiser, the fair-market rent shall be an amount equal to the average of the three values determined by the Appraisers, excluding any fair-market rent which is ten percent (10%) greater than or ten percent (10%) less than the middle value. As used herein, "fair-market rent" shall mean the price that a ready and willing tenant would pay as Monthly Rent to a ready and willing landlord if the Premises were offered for lease on the open market for a reasonable period of time and shall be the product of the fair-market monthly rental rate per rentable square foot multiplied by the rentable area of the Premises. The fair-market rent shall be determined by (a) the quality and prestige of the Premises, including all improvements to the Premises, (b) recent monthly rental rates for buildings of similar quality, size and location, (c) the duration of the term, and (d) the financial strength of the tenant and any guarantors. Landlord and Tenant each LESSEE shall pay for the Appraiser so appointed by all other charges, such partyas, with both Tenant but not limited to, Taxes and Landlord jointly paying for any jointly appointed AppraiserOperating Costs as set forth in this Lease. Until such determination of the fair-market rentREFERENCE DATA DATE OF EXECUTION OF LEASE: December 21, Tenant shall continue to pay the Monthly Rent immediately payable prior to commencement of the Extended Term1989 DATE OF EXECUTION OF THIS FIRST AMENDMENT: March , 1994 LESSEE: NGS DIVISION/MKS INSTRUMENTS, INC.,

Rent During Extended Term. The Monthly Rent during the first year of the Extended Term shall be the fair-market rent of the Premises as Tenant and Landlord shall reasonably agreeagree or as otherwise determined in accordance with the provisions of this Paragraph 3.3, but in no event shall the fair-market rent be less than the Monthly Rent payable immediately prior to the Extended TermTerm ("FINAL TERM RENT"). If Landlord and Tenant are unable to establish the fair-market rent prior to thirty within one hundred twenty (30120) days in advance of the commencement of the Extended Term, the fair-market rent shall be determined by a single MAI certified real estate appraiser ("AppraiserAPPRAISER") jointly selected by Landlord and Tenant. If they cannot in good faith agree to a single Appraiser by within one hundred (100) days prior to the commencement of the Extended Term, the fair-market value shall be determined by a majority of three Appraisers, one selected by Landlord, one selected by Tenant, and one selected by the two previously selected Appraisers. After Within ninety (90) days prior to commencement of the Extended Term, Landlord and Tenant each shall give notice of its selection of a an Appraiser to the other party. If either Landlord or Tenant fails or refuses to select an Appraiser within fifteen ten (1510) days after receipt of written notice of the other party's selection of an Appraiser, the fair-market rent shall be determined by the single Appraiser selected. The Appraiser (or Appraisers) shall determine the fair-market rent as soon as possible. If a majority of the three Appraisers are unable to agree upon the fair-market rent within thirty (30) days after the appointment of the first Appraiser, the fair-market rent shall be an amount equal to the average of the three values determined by the Appraisers, excluding any fair-market rent which is ten percent (10%) greater than or ten percent (10%) less than the middle value. As used herein, "fairFAIR-market rentMARKET RENT" shall mean the price that a ready and willing tenant would pay as Monthly Rent to a ready and willing landlord if the Premises were offered for lease on the open market for a reasonable period of time and shall be the product of the fair-market monthly rental rate per rentable square foot multiplied by the rentable area of the Premises. The fair-market rent shall be determined by (a) the quality and prestige of the Premises, including all improvements to the PremisesPremises made at Landlord's expense, (b) recent monthly rental rates for buildings of similar quality, size and locationlocation in Sorrento Valley, (c) the duration of the term, (d) Tenant's obligations to pay additional rent under this Lease, and (de) the financial strength of the tenant and any guarantors. In determining fair market rent, the appraisers shall not consider any alterations or improvements installed in the Premises at Tenant's expense. Landlord and Tenant each shall pay for the Appraiser so appointed by such party, with both Tenant and Landlord jointly paying for any jointly appointed Appraiser. Until such determination of the fair-market rent, Tenant shall continue to pay the Monthly Rent immediately payable prior to commencement of the Extended Term.appointed

Rent During Extended Term. The Monthly Yearly Rent payable by the LESSEE during the first year of the Extended Term shall be the fair-market rent greater of the Premises following: - (1) the rate per annum payable during the fifth Lease Year; or, (2) a sum equal to what would be considered as Tenant and Landlord shall reasonably agreethe fair market rental for the Premises, but in no event less than based upon the Monthly Rent payable immediately prior to the Extended Term. If Landlord and Tenant are unable to establish the fair-market rent prior to thirty (30) days in advance use of the same as first class office and warehouse space located in the rental community between Route 1 and Route 128 as of the date of commencement of the Extended Term, under similar terms and conditions as contained in this Lease, but requiring no investment by LESSOR for improvements, renovations, repairs, etc. (hereinafter referred to as "MARKET RENT"). If the fair-market rent parties cannot agree as to the Market Rent, the Market Rent shall be determined by a single MAI certified real estate appraiser two ("Appraiser"2) jointly selected appraisers who are members of the American Institute of Real Estate Appraisers to be appointed by Landlord and Tenanteach of the parties. If they such appraisers cannot in good faith agree to on the Market Rent, they shall together promptly select a single Appraiser by commencement third appraiser who shall also be a member of the American Institute of Real Estate Appraisers and whose fee shall be shared by each of the parties hereto. A written determination as to the Market Rent signed by any two (2) of the appraisers so chosen shall be final and binding on the parties hereto. The Yearly Rent payable by the LESSEE during the Extended TermTerm shall be paid in monthly installments on the first day of each month, and in addition thereto, the fair-market value shall be determined by a majority of three Appraisers, one selected by Landlord, one selected by Tenant, and one selected by the two previously selected Appraisers. After commencement of the Extended Term, Landlord and Tenant each shall give notice of its selection of a Appraiser to the other party. If either Landlord or Tenant fails or refuses to select an Appraiser within fifteen (15) days after receipt of written notice of the other party's selection of an Appraiser, the fair-market rent shall be determined by the single Appraiser selected. The Appraiser (or Appraisers) shall determine the fair-market rent as soon as possible. If a majority of the three Appraisers are unable to agree upon the fair-market rent within thirty (30) days after the appointment of the first Appraiser, the fair-market rent shall be an amount equal to the average of the three values determined by the Appraisers, excluding any fair-market rent which is ten percent (10%) greater than or ten percent (10%) less than the middle value. As used herein, "fair-market rent" shall mean the price that a ready and willing tenant would pay as Monthly Rent to a ready and willing landlord if the Premises were offered for lease on the open market for a reasonable period of time and shall be the product of the fair-market monthly rental rate per rentable square foot multiplied by the rentable area of the Premises. The fair-market rent shall be determined by (a) the quality and prestige of the Premises, including all improvements to the Premises, (b) recent monthly rental rates for buildings of similar quality, size and location, (c) the duration of the term, and (d) the financial strength of the tenant and any guarantors. Landlord and Tenant each LESSEE shall pay for the Appraiser so appointed by all other charges, such partyas, with both Tenant but not limited to, Taxes and Landlord jointly paying for any jointly appointed Appraiser. Until such determination of the fair-market rent, Tenant shall continue to pay the Monthly Rent immediately payable prior to commencement of the Extended TermOperating Costs as set forth in this Lease.