Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date and ending on the 5th anniversary of the Termination Date (the "Renewal Term"), if: 1. Landlord receives notice of exercise ("Initial Renewal Notice") not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the Term; and 2. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and 3. No more than 50% of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and 4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 five (5) years commencing on the day following the Termination Date of the initial Term and ending on the 5th fifth anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 2 contracts
Samples: Office Lease Agreement (Quinstreet, Inc), Office Lease Agreement (Quinstreet, Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Business Transfer, as defined in the LeaseSection 10) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Business Transfer, as defined in the LeaseSection 10) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 2 contracts
Samples: Office Lease Agreement (Conatus Pharmaceuticals Inc), Office Lease Agreement (Conatus Pharmaceuticals Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years 1 year commencing on the day following the Termination Date of the initial Term and ending on the 5th 1st anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 94 full calendar months prior to the expiration of the initial Term and not more than 12 126 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 2 contracts
Samples: Office Lease Agreement (Opta Corp), Office Lease Agreement (Opta Corp)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Extension Option”) following the expiration of the Lease Term (the “Lease Termination Date”) for one (1) additional period of 5 five (5) years commencing on the day following the Lease Termination Date and ending on the 5th fifth anniversary of the Lease Termination Date (the "Renewal “Extension Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Extension Notice"”) not less than 9 full calendar months prior to the expiration of the Term Lease Termination Date and not more than 12 full calendar months prior to the expiration of the TermLease Termination Date; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transferpermitted sublease, as defined in pursuant to the terms of the Lease) at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transferpermitted assignment, as defined in pursuant to the terms of the Lease) prior to the date that Tenant delivers its Initial Renewal Extension Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 2 contracts
Samples: Lease (Wave2Wave Communications, Inc.), Lease (Wave2Wave Communications, Inc.)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 3 years commencing on the day following the Termination Date of the initial Term and ending on the 5th 3rd anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 7 full calendar months prior to the expiration of the initial Term and not more than 12 10 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Medicinova Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 5020% of the Premises is sublet (other than pursuant to a Permitted Business Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Exponential Interactive, Inc.)
Xxxxx of Option; Conditions. Tenant shall have the right to righx xx extend the Term (the “Renewal Option”"RENEWAL OPTION") for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "Renewal TermRENEWAL TERM"), if:
1. 1. Landlord receives notice of exercise ("Initial Renewal NoticeINITIAL RENEWAL NOTICE") not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. 2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. 3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11.04 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. 4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11.04 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years one (1) year commencing on the day following the Termination Date of the initial Term and ending on the 5th first anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 6 full calendar months prior to the expiration of the initial Term and not more than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Business Transfer, as defined in Section 11.04 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Business Transfer, as defined in Section 11.04 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Neurobiological Technologies Inc /Ca/)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Extension Option”) for one (1) additional period of 5 five (5) years commencing on the day following the Termination Date and ending on the 5th fifth (5th) anniversary of the Termination Date (the "Renewal “Extension Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Extension Notice"”) not less later than 9 twelve (12) full calendar months prior to the expiration of the Term and not more earlier than 12 eighteen (18) full calendar months prior to the expiration of the Term; and
2. Tenant is not in No Default under the Lease beyond any applicable notice and cure periods period exists at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% twenty-five (25) percent of the Premises is sublet (other than pursuant to a Permitted Business Transfer, as defined in Article 11 of the Lease) at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Business Transfer, as defined in Article 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Extension Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Lease (Akebia Therapeutics, Inc.)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 5025% of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “"Renewal Option”") for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "Renewal Term"), if:
1. Landlord receives notice of exercise ("Initial Renewal Notice") not less than 9 full 270 calendar months days prior to the expiration of the initial Term and not more than 12 full 360 calendar months days prior to the expiration of the Initial Term; and
2. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Lecg Corp)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “"First Renewal Option”") for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "First Renewal Term"), if:
1. Landlord receives notice of exercise ("First Initial Renewal Notice") not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its First Initial Renewal Notice or at the time Tenant delivers its First Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its First Initial Renewal Notice or at the time Tenant delivers its First Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its First Initial Renewal Notice or prior to the date Tenant delivers its First Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Northern Empire Bancshares)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “"Renewal Option”") for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "Renewal Term"), if:
1. Landlord receives notice of exercise ("Initial Renewal Notice") not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Avistar Communications Corp)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “"Renewal Option”") for one additional period of 5 two years commencing on the day following the Termination Date of the initial Term and ending on the 5th second anniversary of the Termination Date (the "Renewal Term"), if:
1. Landlord receives notice of exercise ("Initial Renewal Notice") not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. If and only if Tenant has exercised its First Renewal Option, Tenant shall have the right to extend the Term (the “Second Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date First Renewal Option and ending on the 5th anniversary of the Termination Date last day of the First Renewal Term (the "“Second Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 4 full calendar months prior to the expiration of the First Renewal Term and not more than 12 15 full calendar months prior to the expiration of the First Renewal Term; and
2. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Article 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “First Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“First Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 4 full calendar months prior to the expiration of the initial Term and not more than 12 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Article 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “"Renewal Option”") for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "Renewal Term"), if:
1. Landlord receives notice of exercise ("Initial Renewal Notice") not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 5040% of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Extended Term (the “"Second Renewal Option”") for one additional period of 5 years commencing on the day following the Extended Termination Date and ending on the 5th anniversary of the Extended Termination Date (the "Second Renewal Term"), if:
1. Landlord receives notice of exercise ("Initial Second Renewal Notice") not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of Extended Termination Date and not more than 15 full calendar months prior to the TermExtended Termination Date; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Second Renewal Notice or at the time Tenant delivers its Second Renewal Binding Notice (as defined below); and
3. No more than 50% Tenant (or Approved Users) occupies at least sixty percent (60%) of the Premises is then under lease to Tenant; and,
4. Tenant has not sublet more than forty percent (40%) of the Premises then under lease to Tenant (other than pursuant to a Permitted Transfer, as defined in the Lease) at the time that Tenant delivers its Initial Second Renewal Notice or at the time Tenant delivers its Second Renewal Binding Notice; and
45. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) Transfer prior to the date that Tenant delivers its Initial Second Renewal Notice or prior to the date Tenant delivers its Second Renewal Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Expedia Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 three (3) years commencing on the day following the Termination Date of the initial Term and ending on the 5th third (3rd) anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 6 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Cardica Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “"Renewal Option”") for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "Renewal Term"), if:
1. Landlord receives notice of exercise ("Initial Renewal Notice") not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 18 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% of the Premises Premises, in the aggregate, is sublet (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Lease Agreement (Aerogen Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”"RENEWAL OPTION") for one additional period of 5 five (5) years commencing on the day following the Termination Date of the initial Term and ending on the fifth 5th anniversary of the Termination Date (the "Renewal TermRENEWAL TERM"), if:
1. Landlord receives notice of exercise ("Initial Renewal NoticeINITIAL RENEWAL NOTICE") not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. (i) Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term; and
2. (ii) Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. (iii) No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in the Lease) at the time that Tenant delivers its Initial initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. (iv) The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “"First Renewal Option”") for one additional period of 5 years commencing on the day following the Termination Date and ending on the 5th anniversary of the Termination Date (the "First Renewal Term"), if:
1. Landlord receives notice of exercise ("Initial Renewal Notice") not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% Tenant (or Approved Users) occupies at least sixty percent (60%) of the Premises is then under lease to Tenant; and,
4. Tenant has not sublet more than forty-percent (40%) of the Premises then under lease to Tenant (other than pursuant to a Permitted Transfer, as defined in the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
45. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) Transfer prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Expedia Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Extension Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "Renewal “Extension Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Extension Notice"”) not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No Not more than 50% of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Extension Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 five (5) years commencing on the day following the Termination Date of the initial Term and ending on the 5th fifth anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No Not more than 5020% of the original Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”"RENEWAL OPTION") for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "Renewal TermRENEWAL TERM"), if:
1. Landlord receives notice of exercise ("Initial Renewal NoticeINITIAL RENEWAL NOTICE") not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No Not more than 50% of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11.04 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11.04 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one 2 additional period periods of 5 years each, first, commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“First Renewal Term"”) and second, commencing on the day following the termination date of the First Renewal Term and ending on the 5th anniversary of such termination date (“Second Renewal Term”, and each of the First Renewal Term or Second Renewal Term, a “Renewal Term”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 12 and not more than 15 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the or First Renewal Term, as applicable; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 5020% of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Extended Term (the “Renewal Option”) for one additional period of 5 3 years commencing on the day following the Extended Termination Date and ending on the 5th third anniversary of the Extended Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 6 full calendar months prior to the expiration of the Extended Term and not more than 12 full calendar months prior to the expiration of the Extended Term; and
2. Tenant is not in Default default under the Lease Lease, as amended hereby, beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 5040% of the rentable square footage of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Lease Agreement (Logicvision Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the Term and not more than 12 full calendar months prior to the expiration of the initial Term and not more than 15 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Business Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Business Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Magma Design Automation Inc)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Extension Option”) for one additional period of 5 years commencing on the day following the Termination Date of the Term and ending on the 5th anniversary of the Termination Date (the "Renewal “Extension Term"”), if:
1. Landlord receives notice of exercise ("Initial Renewal “Extension Notice"”) not less than 9 full calendar months prior to on or before the expiration of the Term and not more than date which is 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial Renewal Extension Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial Renewal Extension Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Lease Agreement (Medicines Co /De)
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) at the time that Tenant delivers its Initial initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Section 11 of the Lease) prior to the date that Tenant delivers its Initial initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Xxxxx of Option; Conditions. Tenant shall have the right to extend the Term (the “Renewal Option”) for one additional period of 5 years commencing on the day following the Termination Date of the initial Term and ending on the 5th fifth anniversary of the Termination Date (the "“Renewal Term"”), if:
1. Landlord receives notice of exercise ("“Initial Renewal Notice"”) not less than 9 full calendar months prior to the expiration of the initial Term and not more than 12 full calendar months prior to the expiration of the initial Term; and
2. Tenant is not in Default default under the Lease beyond any applicable cure periods at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice (as defined below); and
3. No more than 50% part of the Premises is sublet (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) at the time that Tenant delivers its Initial Renewal Notice or at the time Tenant delivers its Binding Notice; and
4. The Lease has not been assigned (other than pursuant to a Permitted Transfer, as defined in Article XII of the Lease) prior to the date that Tenant delivers its Initial Renewal Notice or prior to the date Tenant delivers its Binding Notice.
Appears in 1 contract
Samples: Office Lease Agreement (Z Axis Corp)