Xxxxx and Exercise of Option. Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraph, two (2) options (the "Options") to extend the Lease Term for an additional term (the "Option Term"), each Option Term shall be for a period of sixty (60) months. Each such Option shall be exercised, if at all, by written notice to Landlord no earlier than the date that is thirty (36) months prior to the Expiration Date but no later than the date that is thirty (30) months prior to the Expiration Date. If Tenant exercises the Option, each of the terms, covenants and conditions of this Lease except this paragraph shall apply during the Option Term as though the expiration date of the Option Term was the date originally set forth herein as the Expiration Date, provided that the Base Monthly Rent to be paid by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option Term, or (ii) ninety five percent (95%) of the Fair Market Rental, as hereinafter defined, for the Premises for the Option Term. Anything contained herein to the contrary notwithstanding, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease (after expiration of the applicable cure period) either at the time Tenant exercises the Option or at any time thereafter prior to the commencement date of the Option Term, Landlord shall have, in addition to
Appears in 1 contract
Samples: Common and Maintenance Agreement (Annuncio Software Inc)
Xxxxx and Exercise of Option. Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraphSection 18.A, two (2) options (the "Options"an option ( “Option”) to extend the Lease Term for an additional term (the "“Option Term"”), each . The Option Term shall be for a period of sixty five (605) months. Each such Option years and shall be exercised, if at all, by written notice to Landlord no earlier than the date that is thirty fifteen (3615) months prior to the Expiration Date date the Lease Term would expire but for such exercise but no later than the date that is thirty nine (309) months prior to the Expiration Datedate the Lease Term would expire but for such exercise (unless such Option is exercised earlier pursuant to Section 15.B. above), time being of the essence for the giving of such notice. If Tenant exercises the Option, each all of the terms, covenants and conditions of this Lease except this paragraph shall apply during except for the Option Term as though the expiration date grant of the Option Term was the date originally set forth herein as the Expiration Dateadditional Options pursuant to this Section, provided that the Base Monthly Rent to be paid for the Premises payable by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option Term$1.75 per square foot, or (ii) ninety five percent (95%) of the Fair Market Rental, Rental as hereinafter defined, for the Premises for the Option Term. Anything contained Notwithstanding anything herein to the contrary notwithstandingcontrary, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease (after expiration of or the applicable cure period) Lease dated July 10, 2007 for Building 1, either at the time Tenant exercises the Option or at any time thereafter prior to the commencement date of the Option Term, then Landlord shall have, in addition toto all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the Lease Term shall not be
Appears in 1 contract
Samples: Lease (Data Domain, Inc.)
Xxxxx and Exercise of Option. Provided Tenant concurrently exercises its option to extend the 3410 Lease, Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraph, two the option (2) options (the "Options"“Option”) to extend the Lease Term for an two (2) additional term terms of five (the "5) years (“Option Term"”), each Option Term shall be for a period of sixty (60) months. Each such The Option shall be exercised, if at all, by written notice to Landlord no earlier than on or before the date that is thirty nine (36) months prior to the Expiration Date but no later than the date that is thirty (309) months prior to the Expiration Date. If Tenant exercises the Option, each of the terms, covenants and conditions of this Lease except this paragraph shall apply during the Option Term as though the expiration date of the Option Term was the date originally set forth herein as the Expiration Date, provided that the Base Monthly Rent to be paid by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option Term, or (ii) ninety five percent (95%) of the Fair Market Rental, as hereinafter defined, for the Premises for the Option Term. Anything contained herein to the contrary notwithstanding, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease (after expiration of the beyond any applicable notice and cure period) , and/or if Tenant is under monetary or material non-monetary default beyond any applicable notice and cure period under the 3410 Lease, either at the time Tenant exercises the Option or at any time thereafter prior to the commencement date of the Option TermOption, Landlord shall have, in addition toto all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the expiration date of this Lease shall be and remain the Expiration Date.
Appears in 1 contract
Samples: Lease Between (Xenoport Inc)
Xxxxx and Exercise of Option. Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraph, two Section 19 one (21) options option (the "Options"“Option”) to extend the Lease Term for an additional term (the "“Option Term"”), each . The Option Term shall be for a period of sixty (60) months. Each such Option months and shall be exercised, if at all, by written notice to Landlord no earlier than the date that is thirty fifteen (3615) months prior to the Expiration Date date the Lease Term would expire but for such exercise but no later than the date that is thirty twelve (3012) months prior to the Expiration Datedate the Lease Term would expire but for such exercise, time being of the essence for the giving of such notice. If Tenant exercises the Option, each all of the terms, covenants and conditions of this Lease except this paragraph shall apply during except for the Option Term as though the expiration date grant of the Option Term was the date originally set forth herein as the Expiration Dateadditional Options pursuant to this Section 19 and except for tenant improvements, improvement allowances or relocation allowances, free rent or other leasing concessions and inducements, and provided that the Base Monthly Rent to be paid for the Premises payable by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option TermTerm (without regard to temporary reductions or abatements or reductions then in effect), or (ii) ninety five percent (95%) of the Fair Market Rental, Rental as hereinafter defined, for the Premises for the Option Term. Anything contained Notwithstanding anything herein to the contrary notwithstandingcontrary, if Tenant is in monetary or material non-monetary default (beyond applicable notice and cure periods) under any of the terms, covenants or conditions of this Lease (after expiration of the applicable cure period) either at the time Tenant exercises the Option or at any time thereafter prior to the commencement date of the Option Term, then Landlord shall have, in addition toto all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the Lease Term shall not be extended pursuant to this Section 19.A. As used herein, the term “
Appears in 1 contract
Samples: Lease (Cutera Inc)