Common use of Term; Option to Extend Clause in Contracts

Term; Option to Extend. (a) The term of this Lease shall commence and, unless sooner terminated as hereinafter provided, shall end on the dates respectively specified in the Basic Lease Information. If Landlord shall permit Tenant to occupy the Premises prior to the date of term commencement, such occupancy shall be subject to all the terms of this Lease. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the date of term commencement, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but in that event, rental shall be waived for the period between commencement of the term and the time when Landlord delivers possession to Tenant. The date of term expiration shall be extended by the number of days of delay in delivery of possession and any additional period required so that it will expire on the last day of a calendar month, and the commencement and expiration dates shall be confirmed in a Verification Memorandum in the form of Exhibit B executed by Landlord and Tenant promptly following delivery of possession. Notwithstanding anything to the contrary contained herein, if Landlord has not delivered the Premises to Tenant on or before 15 days after Tenaxx xxxivers duly executed counterparts of this Lease to Landlord, then Tenant shall have the right within 10 days thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other. (b) So long as Wind River Systems, Inc. or any Permitted Transferee (as defined in paragraph 12) is the Tenant hereunder, Tenant shall have one (1) option (the "Option") to extend the term of this Lease upon all of its terms and conditions except for Base Rent, which shall be the Fair Market Rent (defined below) for the Premises during the Option Period, which shall be determined as described below, and upon the other terms and conditions set forth in this paragraph (b). For the purposes of this paragraph 2, such extension of the term shall be referred to as the "Option Period." The Option Period shall be for a period of five (5) years commencing upon the expiration of the initial term. (i) Tenant may exercise the Option by giving Landlord notice ("Option Notice") thereof not less than two hundred seventy (270) days before the expiration of the initial Lease term. (ii) The Option Notice shall not be effective if as of the giving of the Option Notice or as of the commencement of the Option Period there is an Event of Default.

Term; Option to Extend. (a) The initial term of this Lease (the "INITIAL TERM") shall be for TEN (10) LEASE YEARS, commencing on the earlier of: (i) TEN (10) days after Landlord achieves Substantial Completion (as defined in the Work Letter); or (ii) the date Tenant commences its normal business operations on the Premises (the "COMMENCEMENT DATE"). The Lease shall expire at midnight on the last day of the Initial Term (the "EXPIRATION DATE"), unless extended or sooner terminated as hereinafter provided. All references to the term of this Lease shall commence andbe references to the term of this Lease as it may be renewed or extended. (b) Tenant shall have the right to extend the term of this Lease for an additional period of FIVE (5) LEASE YEARS, unless sooner terminated as hereinafter provided, shall end on the dates respectively specified in the Basic Lease Information. If by delivering written notice to Landlord shall permit Tenant to occupy the Premises not less than ONE HUNDRED EIGHTY (180) DAYS prior to the date of Expiration Date. If Tenant exercises the foregoing right to extend the term commencement, such occupancy shall be subject to all the terms of this Lease. If Landlord, for any reason whatsoever, cannot deliver possession all terms and conditions of the Premises to Tenant on the date of term commencement, this Lease (other than this option to extend) shall not be void or voidableremain in full force and effect, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but in that event, rental shall be waived for except that: (i) the period between commencement of the term and the time when Landlord delivers possession to Tenant. The date of term expiration Expiration Date shall be extended by the number of days of delay Lease Years set forth in delivery of possession this SUBPARAGRAPH (b); and any additional period required so that it will expire on (ii) the last day of a calendar month, and the commencement and expiration dates Rent shall be confirmed increased by FIVE PERCENT (5%). (c) If Tenant exercises the option to extend provided for in a Verification Memorandum in the form of Exhibit B executed by Landlord and Tenant promptly following delivery of possession. Notwithstanding anything to the contrary contained hereinSUBPARAGRAPH (b), if Landlord has not delivered the Premises to Tenant on or before 15 days after Tenaxx xxxivers duly executed counterparts of this Lease to Landlordabove, then Tenant shall have the further right within 10 days thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the other. (b) So long as Wind River Systems, Inc. or any Permitted Transferee (as defined in paragraph 12) is the Tenant hereunder, Tenant shall have one (1) option (the "Option") to extend the term of this Lease upon for a second additional period of FIVE (5) LEASE YEARS by delivering written notice to Landlord not less than ONE HUNDRED EIGHTY (180) DAYS prior to the Expiration Date, as theretofore extended. If Tenant exercises the foregoing right to extend the term of this Lease, all of its terms and conditions of this Lease (other than this option to extend) shall remain in full force and effect, except for Base Rent, which that: (i) the Expiration Date shall be extended by the Fair Market Rent (defined below) for the Premises during the Option Period, which shall be determined as described below, and upon the other terms and conditions number of Lease Years set forth in this paragraph SUBPARAGRAPH (bc). For the purposes of this paragraph 2, such extension of the term shall be referred to as the "Option Period." The Option Period shall be for a period of five (5) years commencing upon the expiration of the initial term. (i) Tenant may exercise the Option by giving Landlord notice ("Option Notice") thereof not less than two hundred seventy (270) days before the expiration of the initial Lease term. ; and (ii) The Option Notice the Rent, as increased by SUBPARAGRAPH (b) above, shall not be effective if as of the giving of the Option Notice or as of the commencement of the Option Period there is an Event of Defaultincreased by FIVE PERCENT (5%).

Term; Option to Extend. (a) The term of this Lease ("Term") shall commence andbe for the period referenced in Section 1(e) above, commencing on the Commencement Date (such initial period is referred to herein as the "Initial Term"), unless sooner this Lease is earlier terminated as hereinafter providedor the Term extended, in accordance with this Lease. Following determination of the Commencement Date, the parties shall end on execute a memorandum confirming the dates respectively specified in occurrence of the Basic Lease Information. If Landlord shall permit Tenant to occupy the Premises prior to Commencement Date and the date of term commencement, such occupancy shall be subject to all the terms of this Lease. If Landlord, for any reason whatsoever, cannot deliver possession scheduled expiration of the Premises to Tenant on the date of term commencement, this Lease shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom, but in that event, rental shall be waived for the period between commencement of the term and the time when Landlord delivers possession to Tenant. The date of term expiration shall be extended by the number of days of delay in delivery of possession and any additional period required so that it will expire on the last day of a calendar month, and the commencement and expiration dates shall be confirmed in a Verification Memorandum in the form of Exhibit B executed by Landlord and Tenant promptly following delivery of possession. Notwithstanding anything to the contrary contained herein, if Landlord has not delivered the Premises to Tenant on or before 15 days after Tenaxx xxxivers duly executed counterparts of this Lease to Landlord, then Tenant shall have the right within 10 days thereafter to cancel this Lease, and upon such cancellation, Landlord shall return all sums theretofore deposited by Tenant with Landlord, and neither party shall have any further liability to the otherInitial Term. (b) So long as Wind River Systems, Inc. or any Permitted Transferee (as defined in paragraph 12) is the Tenant hereunder, Tenant shall have the option to extend the Term of this Lease for one (1) option (the "Option") to extend the extended term of this Lease upon all of its terms and conditions except for Base Rent, which shall be the Fair Market Rent (defined below) for the Premises during the Option Period, which shall be determined as described below, and upon the other terms and conditions set forth in this paragraph (b). For the purposes of this paragraph 2, such extension of the term shall be referred to as the "Option Period." The Option Period shall be for a period of five (5) years commencing upon (the "Extended Term"), which Extended Term shall be exercisable by Tenant's delivery to Landlord of written notice irrevocably exercising the Extended Term no earlier than nine (9) months and no later than five (5) months prior to expiration of the initial term. Initial Term; provided that (i) Tenant may not exercise the Option by giving such option when Tenant is in default under this Lease (after Tenant's receipt of written notice from Landlord notice ("Option Notice") thereof not less than two hundred seventy (270) days before and the expiration of any applicable cure period provided in Section 21(a) below), and (ii) Tenant may rescind its exercise of such option by written notice to Landlord no later than four (4) months prior to expiration of the Initial Term. The terms and conditions of this Lease shall continue in effect during such Extended Term, except (A) for terms and conditions of this Lease which are either expressly or by their operation applicable only during the Initial Term of this Lease or portions thereof, including, without limitation, the provisions of Exhibit C attached hereto, (B) that Tenant shall have no further right or option to extend the Term of this Lease beyond the Extended Term, (C) the Base Year hereunder shall be adjusted to 2015, and (D) the Monthly Base Rent shall be adjusted as of the commencement of such Extended Term to equal ninety-five percent (95%) of the prevailing monthly fair market rental rate as of the commencement of such Extended Term (the "Fair Market Rental Rate") for tenants of premises comparable to the Premises in comparable first-class office buildings in the vicinity of the Premises ("Comparable Buildings") for periods comparable to the Extended Term (including, without limitation, consideration of such rental increases, tenant improvements, and other concessions as may be appropriate for renewal deals during such Extended Term). Monthly Base Rent shall be increased on each yearly anniversary of the Extended Term to an amount as may be determined by the procedure set forth herein. Following Tenant's valid exercise of the option to extend granted hereby, the parties shall enter into an amendment to the Lease (the "Extension Amendment"), prepared by Landlord and subject to Tenant's reasonable approval, memorializing the terms of such extension of the Term by the Extended Term. As used in this Lease, references to the "Term" of this Lease, shall mean the initial Lease termTerm as the same may be extended by the Extended Term, as applicable, as the context may require. The Fair Market Rental Rate for the Extended Term shall be determined as follows: (i) Following Tenant's exercise of its option to extend the Term by the Extended Term, Landlord and Tenant shall meet and endeavor in good faith to agree upon the Fair Market Rental Rate. If Landlord and Tenant fail to reach agreement by the date which is three (3) months prior to the commencement of the Extended Term, then, within ten (10) days thereafter, each party, at its own cost and by giving notice to the other party, shall appoint a licensed commercial real estate agent with at least seven (7) years full-time experience as a real estate agent active in leasing of commercial office buildings in the area of the Premises to appraise and set the Fair Market Rental Rate for the Extended Term. If a party does not appoint an agent within ten (10) days after the other party has given notice of the name of its agent, the single agent appointed shall be the sole agent and shall set the Fair Market Rental Rate for the Extended Term. If there are two (2) agents appointed by the parties as stated above, the agents shall meet within ten (10) days after the second agent has been appointed and attempt to set Fair Market Rental Rate for the Extended Term. If the two (2) agents are unable to agree on such Fair Market Rental Rate within ten (10) days after the second agent has been appointed, they shall, within ten (10) days after the last day the two (2) agents were to have set such Fair Market Rental Rate, attempt to select a third agent who shall be a licensed commercial real estate agent meeting the qualifications stated above. If the two (2) agents are unable to agree on the third agent within such ten (10) day period, either Landlord or Tenant may request the President of the Los Angeles County Realtors Association to select a third agent meeting the qualifications stated in this subsection. Each of the parties shall bear one-half (1/2) of the cost of appointing the third agent and of paying the third agent's fee. No agent shall be employed by, or otherwise be engaged in business with or affiliated with, Landlord or Tenant, except as an independent contractor. (ii) Within thirty (30) days after the selection of the third agent, a majority of the agents shall set the Fair Market Rental Rate for the Extended Term. If a majority of the agents are unable to set such Fair Market Rental Rate within the stipulated period of time, each agent shall make a separate determination of such Fair Market Rental Rate and the three (3) appraisals shall be added together and the total shall be divided by three (3). The Option Notice resulting quotient shall not be effective if the Fair Market Rental Rate for the Premises for the Extended Term. If, however, the low appraisal and/or high appraisal is/are more than fifteen percent (15%) lower and/or higher than the middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2), and the resulting quotient shall be Fair Market Rental Rate for the Extended Term. If both the low appraisal and the high appraisal are disregarded as stated in this subsection, the middle appraisal shall be the Fair Market Rental Rate for the Extended Term. (iii) Each agent shall hear, receive and consider such information as Landlord and Tenant each care to present regarding the determination of Fair Market Rental Rate for the Extended Term and each agent shall have access to the information used by each other agent. Upon determination of the Fair Market Rental Rate for the Extended Term, the agents shall immediately notify the parties hereto in writing of such determination in the manner provided in this Lease for the giving of notices to the Option Notice or as of the commencement of the Option Period there is an Event of Defaultparties hereto.