Second Option. Landlord hereby grants to Tenant the option to extend the term of this Lease for a five (5) year period commencing on the date the First Option Period expires (the "Second Option Period") upon each and all of the following terms and conditions: (a) Tenant gives to Landlord, and Landlord actually receives, on a date which is prior to the date that the Second Option Period would commence (if exercised) by at least ten (10) and not more than thirteen (13) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. Such notice shall be delivered in accordance with Paragraph 23 hereof. If said notification of the exercise of said option is not so given and received, this option shall automatically expire; (b) The provisions of Paragraph 39, including the provision relating to default of Tenant set forth in Paragraph 39.3 of this Lease are conditions of this option; (c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; except that Tenant shall have no further option to extend the term of this Lease; (d) Any prior Tenant that has not been expressly released from liability under this Lease, and any guarantor of the Tenant's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and (e) The monthly Base Rent for each month of the second option period shall be the Fair Market Rent of the Premises as of the commencement of the Second Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the Second Option Period.
Appears in 1 contract
Samples: Lease (Brooks Automation Inc)
Second Option. Landlord hereby grants to Tenant the option to ------------- extend the term Term of this Lease for a five (5) year period commencing on the date the First Option Period expires (the "Second Option Period") upon each and all of the following terms and conditions:
(a1) Tenant gives to Landlord, and Landlord actually receives, on a date which is prior to the date that the Second Option Period would commence (if exercised) by at least ten nine (109) and not more than thirteen twelve (1312) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. Such notice shall be delivered in accordance with Paragraph 23 hereof. If said notification of the exercise of said option is not so given and received, this option shall automatically expire;
(b2) The provisions of Paragraph 39, including the provision -- relating to default of Tenant set forth in Paragraph 39.3 39.4 of this Lease are ---- conditions of this option;
(c3) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; , except that Tenant shall have no further option to extend the term Term of this Lease;
(d4) Any prior Tenant that has not been expressly released from liability under this Lease, and any guarantor of the Tenant's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and
(e5) The monthly Base Rent for each month of the second option period Second Option Period shall be equal to 95% of the Fair Market Rent of the Premises as of the commencement of the Second Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the Second Option Period.
Appears in 1 contract
Samples: Lease (Qualstar Corp)
Second Option. Landlord Lessor hereby grants to Tenant Lessee the option to extend the term of this Lease for a five (5) year period commencing on the date the First Option Period expires (the "Second Option Period") upon each and all of the following terms and conditions:
(a) Tenant Lessee gives to LandlordLessor, and Landlord Lessor actually receives, on a date which is prior to the date that the Second Option Period would commence (if exercised) by at least ten six (106) and not more than thirteen nine (139) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. Such notice shall be delivered in accordance with Paragraph 23 hereof. If said notification of the exercise of said option is not so given and received, this option shall automatically expire;
(b) The provisions of Paragraph 39, including the provision relating to default of Tenant Lessee set forth in Paragraph 39.3 39.7 of this Lease are conditions of this option;
(c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; , except that Tenant Lessee shall have no further option to extend the term of this Lease;
(d) Any prior Tenant Lessee that has not been expressly released from liability under this Lease, and any guarantor of the TenantLessee's performance hereunder, expressly reaffirms in writing the extension of their liability for the term of the option; and
(e) The monthly Base Rent for each month of the second option period periods shall be the Fair Market Rent of the Premises as of the commencement of the Second Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the Second Option Period.
Appears in 1 contract
Samples: Lease (Skechers Usa Inc)
Second Option. Landlord Lessor hereby grants to Tenant Lessee the option to extend the term of this Lease for a five (5) year period commencing on the date the First Option Period expires (the "Second Option Period") upon each and all of the following terms and conditions:
(a) Tenant Lessee gives to Landlord, and Landlord actually receives, Lessor on a date which is prior to the date that the Second Option Period would commence (if exercised) by at least ten six (106) and not more than thirteen twelve (1312) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. Such notice shall be delivered in accordance with Paragraph 23 hereof. If said notification of the exercise of said option is not so given and received, this option shall automatically expire;
(b) The provisions of Paragraph 39, including the provision relating to default of Tenant Lessee set forth in Paragraph 39.3 39.4 of this Lease are conditions of this option;
(c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; except that Tenant shall have no further option to extend the term of this Lease;
(d) Any prior Tenant Lessee that has not been expressly released from liability under this Lease, and any guarantor of the TenantLessee's performance hereunder, expressly reaffirms in writing the extension of their liability for the thee term of the option; and
(e) The Subject to adjustment as provided in Paragraph 39.8, the monthly Base Rent for each month of the second option period periods shall be ninety-five percent (95%) of the Fair Market Rent of the Premises as of the commencement of the Second Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the Second Option Period.Rent
Appears in 1 contract
Samples: Lease (Vans Inc)
Second Option. Landlord hereby grants to Tenant the option to extend the term of this Lease for a five (5) year period commencing on the date the First Option Period expires (the "Second Option Period") upon each and all of the following terms and conditions:
(a) Tenant gives to Landlord, and Landlord actually receives, on a date which is prior to the date that the Second Option Period would commence (if exercised) by at least ten nine (10) and not more than thirteen (139) months, a written notice of exercise of the option to extend this Lease for said additional term, time being of the essence. Such notice shall be delivered in accordance with Paragraph 23 hereof. If said notification of the exercise of said option is not so given and received, this option shall automatically expire;
(b) The provisions of Paragraph 39, including the provision relating to default of Tenant set forth in Paragraph 39.3 39.4 of this Lease are conditions of this option;
(c) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; , except that Tenant shall have no further option to extend the term of this Lease;; <PAGE> -61-
(d) Any prior Tenant that has not been expressly released from liability under this Lease, and any guarantor of the Tenant's performance hereunderhereunder that has not been expressly released from liability under this Lease, expressly reaffirms in writing the extension of their liability for the term of the option; and
(e) The monthly Base Rent for each month of the second option period Second Option Period shall be equal to 95% of the Fair Market Rental Rent of the Premises as of the commencement of the Second Option Period, but in no event less than the monthly Base Rent scheduled to be paid during the month prior to the commencement of the Second Option Period.
Appears in 1 contract
Samples: Lease (Esterline Technologies Corp)