Common use of Determination of Fair Market Rental Clause in Contracts

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 9 contracts

Samples: Lease (Zilog Inc), Lease Agreement (Broadcom Corp), Lease Agreement (Broadcom Corp)

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Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 5 contracts

Samples: Assignment and Assumption of Lease (Equinix Inc), Lease (Data Domain, Inc.), Lease (Data Domain, Inc.)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice no later than two hundred forty (240) days before to the Lease Expiration Date setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise DateTerm. If Tenant disputes Landlord's determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the basis for computing the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent ninety five percent (95%) of the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and ninety five percent (95%) of the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and ninety five percent (95%) of the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 4 contracts

Samples: investor.verisign.com, Verisign Inc/Ca, Verisign Inc/Ca

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the basis for determining the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 4 contracts

Samples: Lease (Bea Systems Inc), Lease (Bea Systems Inc), Concentric Network Corp

Determination of Fair Market Rental. Upon exercise of the right to extend the term, and included within the Notice of Exercise, Tenant shall notify Landlord of its opinion of Fair Market Rental as above /s/ SS /s/ EF Landlord’s Initials Tenant’s Initials Addendum No 1 - 1 defined for the Extended Term. If Landlord disagrees with Tenant’s opinion of the Fair Market Rental, it shall so notify Tenant exercises (“Landlord’s Value Notice”) within fifteen (15) days after receipt of Tenant’s Notice of Exercise. If the Optionparties are unable to resolve their differences within twenty (20) business days thereafter, Landlord either party may apply for Arbitration as provided below. If neither party applies for Arbitration within twenty (20) business days after receipt by Tenant of Landlord’s Value Notice, Tenant shall send Tenant a notice setting forth be bound to the Fair Market Rental for stated in Landlord’s Value Notice. Should either party elect to arbitrate, and if the Option Term within thirty (30) days following arbitration is not concluded before the Exercise Date. If commencement of the Extended Term, Tenant disputes Landlord's determination of shall pay Minimum Monthly Rent to Landlord in an amount equal to the Fair Market Rental for set forth in Landlord’s Value Notice, until the Option TermFair Market Rental is determined in accordance with the arbitration provisions hereof (“Arbitration”). If the Fair Market Rental as determined by Arbitration differs from that stated in Landlord’s Value Notice, then any adjustment required to correct the amount previously paid by Tenant shall, shall be made by payment by the appropriate party within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement by Arbitration has been concluded, as provided in Section 18.C belowherein. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be obligated to make payment during the Base entire Extended Term of the Minimum Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If accordance with the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord Arbitration procedures hereunder.

Appears in 3 contracts

Samples: Office Lease (Impinj Inc), Office Lease (Impinj Inc), Office Lease (Impinj Inc)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice no later than two hundred forty (240) days before to the Lease Expiration Date setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise DateTerm. If Tenant disputes Landlord's determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the basis for computing the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent ninety five percent (95%) of the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and ninety five percent (95%) of the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and ninety five percent (95%) of the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.. C. Resolution of a Disagreement over the Fair Market Rental: Any disagreement regarding Fair Market Rental shall be resolved as follows:

Appears in 2 contracts

Samples: investor.verisign.com, Verisign Inc/Ca

Determination of Fair Market Rental. If Tenant exercises the an Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C 19.C below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be deemed the agreed upon Fair Market Rental amount to be used in computing Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C 19.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the greater of (i) the Base Monthly Rent in effect immediately before the start of the Option Term, or (ii) ninety five percent (95%) of the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C 19.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in this Section 18.C 19 within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C 19.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in pursuant to this Section 18.C 19 shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 2 contracts

Samples: Lease, (Palo Alto Networks Inc), Lease, (Palo Alto Networks Inc)

Determination of Fair Market Rental. Upon exercise of the right to extend the term, and included within the Notice of Exercise, Tenant shall notify Landlord of its opinion of Fair Market Rental as above defined for the Extended Term. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth disagrees with Xxxxxx’s opinion of the Fair Market Rental for the Option Term Rental, it shall so notify Tenant (“Landlord’s Value Notice”) within thirty (30) days following the Exercise Dateafter receipt of Tenant’s Notice of Exercise. If the parties are unable to resolve their differences within ten (10) business days thereafter, either party may apply for Arbitration as provided below. If neither party applies for Arbitration within ten (10) business days after receipt by Tenant disputes of Landlord's determination of ’s Value Notice, Tenant shall be bound to the Fair Market Rental for stated in Landlord’s Value Notice. Should either party elect to arbitrate, and if the Option arbitration is not concluded before the commencement of the Extended Term, Tenant shallshall pay Monthly Base Rent to Landlord in an amount equal to the Fair Market Rental set forth in Landlord’s Value Notice, until the Fair Market Rental is determined in accordance with the arbitration provisions hereof (“Arbitration”). If the Fair Market Rental as determined by Arbitration differs from that stated in Landlord’s Value Notice, then any adjustment required to correct the amount previously paid by Tenant shall be made by payment by the appropriate party within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement by Arbitration has been concluded, as provided in Section 18.C belowherein. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant obligated to make payment during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date entire Extended Term of the Option Term, Tenant shall pay to Landlord as Monthly Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If accordance with the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord Arbitration procedures hereunder.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Applied Precision, Inc.)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty (30) days following of Tenant’s exercise of the Exercise DateOption. If Tenant disputes Landlord's ’s determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the then applicable Expiration Date, or that Tenant (ii) disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C Article 37.C below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's ’s determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C Article 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord during such portion of the Option Term prior to the determination of the Fair Market Rental as determined by Landlord in (the manner provided above“Stub Period”) the same Monthly Base Rent due hereunder during the month preceding the then applicable Expiration Date. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C Article 37.C below is greater than Landlord's determinationthe Base Monthly Rent being paid by Tenant during the Stub Period, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental for the Stub Period as so determined in Section 18.C pursuant to Article 37.C within thirty (30) days after such determinationthe determination of the Fair Market Rental. If the Fair Market Rental as finally determined in Section 18.C Article 37.C below is less than Landlord's determinationthe Monthly Base Rent being paid during the Stub Period, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C Article 37.C for the Stub Period below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease (Western Digital Corp)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C 5.3 below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be deemed the agreed upon Fair Market Rental amount to be used in computing Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C 5.3 below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the greater of (i) the Base Rent in effect immediately before the start of the Option Term (without regard to temporary reductions or abatements then in effect, or (ii) ninety five percent (95%) of the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C 5.3 is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental actual Base Rent due as so determined in Section 18.C this Article 5 within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C 5.3 is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental actual Base Rent due as so determined in Section 18.C pursuant to this Article 5 shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (ShockWave Medical, Inc.)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, LandlordXxxxxxxx's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord ***** Confidential portions of the difference between material have been omitted and filed separately with the amount paid by Tenant Securities and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunderExchange Commission.

Appears in 1 contract

Samples: Scios Inc

Determination of Fair Market Rental. If Tenant exercises the applicable Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the applicable Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the applicable Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the applicable Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the applicable Option Term and elects to resolve the disagreement as provided in Section 18.C 5.3 below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be deemed the agreed upon Fair Market Rental amount to be used in computing Base Monthly Rent payable by Tenant during the applicable Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C 5.3 below and such procedures are not concluded prior to the commencement date of the applicable Option Term, Tenant shall pay to Landlord as Base Monthly Rent the greater of (i) the Base Rent in effect immediately before the start of the applicable Option Term (without regard to temporary reductions or abatements then in effect), or (ii) ninety five percent (95%) of the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C 5.3 is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental actual Base Rent due as so determined in Section 18.C this Article 5 within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C 5.3 is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental actual Base Rent due as so determined in Section 18.C pursuant to this Article 5 shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Office Lease (Shockwave Medical, Inc.)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder. C. Resolution of a Disagreement over the Fair Market Rental: Any disagreement regarding Fair Market Rental shall be resolved as follows: Within thirty (30) days after Tenant’s response to Landlord’s notice setting forth the Fair Market Rental, Landlord and Tenant shall meet at a mutually agreeable time and place, in an attempt to resolve the disagreement. If within the 30-day period referred to above, Landlord and Tenant cannot reach agreement as to Fair Market Rental, each party shall select one appraiser to determine Fair Market Rental. Each such appraiser shall arrive at a determination of Fair Market Rental and submit their conclusions to Landlord and Tenant within thirty (30) days after the expiration of the 30-day consultation period described above. If only one appraisal is submitted within the requisite time period, it shall be deemed as Fair Market Rental. If both appraisals are submitted within such time period and the two appraisals so submitted differ by less than ten percent (10%), the average of the two shall be deemed as Fair Market Rental. If the two appraisals differ by more than 10%, the appraisers shall immediately select a third appraiser who shall, within thirty (30) days after his selection, make and submit to Landlord and Tenant a determination of Fair Market Rental. This third appraisal will then be averaged with the closer of the two previous appraisals and the result shall be Fair Market Rental. All appraisers specified pursuant to this Section shall be members of the American Institute of Real Estate Appraisers with not less than ten (10) years’ experience appraising office and industrial properties in the Santa Xxxxx Valley. Each party shall pay the cost of the appraiser selected by such party and one-half of the cost of the third appraiser.

Appears in 1 contract

Samples: Assignment and Assumption of Lease

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Commencement Agreement (Guidewire Software, Inc.)

Determination of Fair Market Rental. If Tenant exercises Promptly after the Option, determination by Landlord shall send Tenant a notice setting forth of the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's determination of Fair Market Rental for the Option TermRental, Tenant shall, within but in no event later than thirty (30) days after the date receipt of LandlordTenant's Extension Notice, Landlord shall send written notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise thereof and shall advise Tenant of the Option, in which adjustment to the Annual Rent. In the event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for or if Landlord fails to deliver said notice, Landlord and Tenant shall have thirty (30) days to negotiate in good faith the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of the Fair Market Rental shall be Rental. In the Base Monthly Rent payable event the parties cannot agree on such determination, then either party may, by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior written notice to the commencement date other party, require that the determination of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined be made by an independent M.A.I. appraiser having substantial experience with leasing of similar office space in Center City Philadelphia. Such M.A.I. appraiser shall be mutually agreed to by Landlord in the manner provided aboveand Tenant within fifteen (15) days. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determinationLandlord and Tenant cannot agree on an appraiser, Landlord shall select one, Tenant shall pay Landlord the difference between the amount paid by Tenant select one and the Fair Market Rental as so determined two appointed parties shall jointly select a third appraiser (the "panel of appraisers"), provided each of the appraisers shall have substantial experience with leasing of similar office space in Section 18.C Center City Philadelphia. Such M.A.I. appraiser (or panel of appraisers) shall be chosen within thirty (30) days after such determinationTenant's notice requiring determination by appraisal. If Within thirty (30) days after the selection of the appraiser (or panel of appraisers) Landlord and Tenant shall each present to the appraiser (or the panel of appraisers) a written proposal specifying their belief as to the Fair Market Rental as finally determined in Section 18.C is less than Rental. The appraiser (or the panel of appraisers by majority vote) shall accept either the Landlord's determination, proposal or the difference between the amount paid by Tenant and the Tenant's proposal for Fair Market Rental as so determined in Section 18.C Rental, which decision shall be credited against binding upon Landlord and Tenant. Landlord and Tenant shall separately pay any fees and expenses of any separate counsel and witnesses selected by them, and shall divide equally the next installments fees and expenses charged by the appraiser (or the panel of Base Monthly Rent due from Tenant to Landlord hereunderappraisers).

Appears in 1 contract

Samples: Office Lease (Pennsylvania Real Estate Investment Trust)

Determination of Fair Market Rental. If Tenant exercises Upon exercise of the Optionright to extend for the second Extended Term, Landlord and included within the Notice of Exercise, Lessee shall send Tenant a notice setting forth the notify Lessor of its opinion of Fair Market Rental as above defined for the Option second Extended Term. If the parties are unable to agree upon a Base Rent for the second Extended Term within thirty (30) days following Lessor’s receipt of the Exercise Date. If Tenant disputes Landlord's determination Notice to Exercise, within ten (10) days thereafter, either party at its own cost and expense and by giving notice to the other party in writing, may appoint a real estate appraiser who is a member of the Appraisal Institute, or the Society of Real Estate Appraisers, or an equivalent professional organization, with at least five (5) years’ experience appraising properties devoted to the same general type of use (e.g. office, industrial) as the Premises in the county in which the Premises are located (“Qualified Appraiser”), to set the Fair Market Rental for the Option second Extended Term. The terms “Base Rent” and “Fair Market Rental” as used in this article shall be interchangeable. If a party does not appoint a Qualified Appraiser within ten (10) days after the first party has given notice of the name of its Qualified Appraiser, Tenant shallthe single Qualified Appraiser appointed shall be the sole appraiser and shall set the Fair Market Rental for the second Extended Term. If two Qualified Appraisers are appointed by the parties, within they shall meet promptly, on five (5) days’ notice to the parties, to take such evidence and other information as the parties may deem reasonable to submit to the Qualified Appraiser. Within thirty (30) days after the date selection of Landlord's notice setting forth the last of the two Qualified Appraisers to be appointed by the parties, the Qualified Appraisers shall render their opinions of the Fair Market Rental of the Premises as above qualified. If the two valuations are within ten percent (10%) of each other, they shall be averaged and the average of the two shall be the Base Rent for the Option second Extended Term. If only one appraisal is timely submitted, send to Landlord a notice stating that Tenant either elects to terminate its exercise opinion shall constitute the Base Rent for the second Extended Term. If the two valuations are separated by more than ten percent (10%), then the two Qualified Appraisers shall, within ten (10) days following the last date for submission of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination two appraisals of Fair Market Rental for Rental, appoint a third Qualified Appraiser. If they are unable to agree upon a third Qualified Appraiser within such ten (10) day period, either of the Option Term and elects parties to resolve this Lease, by giving five (5) days’ notice to the disagreement other party, may demand Arbitration as provided specified in Section 18.C below7 of this Addendum. If Tenant does not send Landlord a notice as provided in neither party applies for Arbitration within the previous sentenceten (10) day period herein specified, Landlord's determination the two appraisals of Fair Market Rental shall be averaged as stated above, and such average shall be the Base Monthly Rent payable by Tenant during for the Option second Extended Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease (Leslies Poolmart Inc)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty (30) days following of Tenant's exercise of the Exercise DateOption. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the then applicable Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C Article 37.C below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C Article 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord during such portion of the Option Term prior to the determination of the Fair Market Rental as determined by Landlord in (the manner provided above"Stub Period") the same Monthly Base Rent due hereunder during the month preceding the then applicable Expiration Date. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C Article 37.C below is greater than Landlord's determinationthe Base Monthly Rent being paid by Tenant during the Stub Period, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental for the Stub Period as so determined in Section 18.C pursuant to Article 37.C within thirty (30) days after such determinationthe determination of the Fair Market Rental. If the Fair Market Rental as finally determined in Section 18.C Article 37.C below is less than Landlord's determinationthe Monthly Base Rent being paid during the Stub Period, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C Article 37.C for the Stub Period below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder."

Appears in 1 contract

Samples: Lease (Komag Inc /De/)

Determination of Fair Market Rental. If Tenant exercises the an Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C 19.C below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, it shall be deemed that Tenant disagrees with Landlord's ’s determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during for the Option TermTerm and elects to resolve the disagreement as provided in Section 19.C below. If Tenant elects to resolve the disagreement as provided in Section 18.C 19.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C 19.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in this Section 18.C 19 within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C 19.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in pursuant to this Section 18.C 19 shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, LandlordXxxxxxxx's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Scios Inc

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty Term, on or before the date that is one hundred fifty (30150) days following prior to the Exercise Expiration Date. If Tenant disputes Landlord's ’s determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C paragraph 36(C) below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's ’s determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C paragraph 36(C) below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord hereunder adjusted to reflect the Fair Market Rental as determined by Landlord in the manner provided above. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C in paragraph 36(C) below is greater than Landlord's ’s determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 36(C) below within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C paragraph 36(C) below is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 36(C) below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Affymetrix Inc

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent and Additional Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Netflix Inc

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Fan- Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be the basis for determining the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C the provisions set forth below is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such said determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination’s deterrnination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease Agreement (Circle Bancorp)

Determination of Fair Market Rental. If Upon exercise of the right to extend the term, and included within the Notice of Exercise, Tenant exercises the Option, shall notify Landlord shall send Tenant a notice setting forth the of its opinion of Fair Market Rental as above defined for the Option Extended Term. If the parties are unable to agree upon a Minimum Monthly Rent for the Extended Term within thirty (30) days following Landlord's receipt of the Exercise DateNotice of Exercise, within ten (10) days after the expiration thereof, either party at its sole cost and expense and by giving notice to the other party in writing, may appoint a real estate appraiser who is a member of the Appraisal Institute, or the Society of Real Estate Appraisers, or an equivalent professional organization, with at least five (5) years' experience appraising properties devoted to the same general type of use (e.g. retail, office) as the Premises in the county in which the Premises are located ("Qualified Appraiser"), to set the Minimum Monthly Rent for the Extended Term. The terms "Minimum Monthly Rent" and "Fair Market Rental" as used in this article shall be interchangeable. If Tenant disputes Landlord's determination a party does not appoint a Qualified Appraiser within ten (10) days after the first party has given notice of the name of its Qualified Appraiser, the single Qualified Appraiser appointed shall be the sole appraiser and shall set the Fair Market Rental for the Option Extended Term. If two Qualified Appraisers are timely appointed by the parties, Tenant shallthey shall meet promptly, within on five (5) days notice to the parties, to take such evidence and other information as the parties may deem reasonable to submit to the Qualified Appraisers. Within thirty (30) days after the date selection of Landlord's notice setting forth the last of the two Qualified Appraisers to be appointed by the parties, the Qualified Appraisers shall render their opinions of the Fair Market Rental for the Option TermPremises as above qualified. If the two valuations are within ten percent (10%) of each other, send to Landlord a notice stating that Tenant either elects to terminate its exercise they shall be averaged and the average of the Optiontwo shall be the Minimum Monthly Rent for the Extended Term. If only one appraisal is timely submitted that appraisal shall constitute the Minimum Monthly Rent for the Extended Term. If the two valuations are separated by more than ten percent (10%), in which event then the Option shall lapse and this Lease shall terminate on two appraisers shall, within ten (10) days following the Expiration Date, or that Tenant disagrees with Landlord's determination last date for submission of the two appraisals of Fair Market Rental for Rental, appoint a third Qualified Appraiser. If they are unable to agree upon a third Qualified Appraiser within such ten (10) day period, either of then parties to this Lease, by giving five (5) days' notice to the Option Term and elects to resolve the disagreement other party, may demand Arbitration as provided specified in Section 18.C below6 of this Addendum. If Tenant does not send Landlord a notice as provided in neither party applies for Arbitration within the previous sentenceten (10) day period herein specified, Landlord's determination the two appraisals of Fair Market Rental value shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement averaged as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided stated above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Entrada Networks Inc

Determination of Fair Market Rental. If Tenant exercises the an Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C 19.C below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, Tenant shall be deemed to have disagreed with Landlord's ’s determination of Fair Market Rental shall be and to have elected to resolve the Base Monthly Rent payable by Tenant during the Option Termdisagreement as provided in Section 19.C below. If Tenant elects to resolve the disagreement as provided in Section 18.C 19.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C 19.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in this Section 18.C 19 within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C 19.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in pursuant to this Section 18.C 19 shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: ServiceNow, Inc.

Determination of Fair Market Rental. If Tenant exercises Sublandlord has not previously noticed Subtenant of Sublandlord’s intention to Lease the OptionPremises upon the expiration of the initial five (5) year Term, Landlord then Sublandlord shall, within ten (10) business days after receipt of Subtenant’s Exercise Notice, notify Subtenant in writing of the proposed Fair Market Rental to be charged by Sublandlord for the applicable Renewal Term (“Sublandlord’s Determination”). Subtenant shall send Tenant a notice setting forth have one (1) month (“Subtenant’s Review Period”) after receipt of Sublandlord’s Determination within which to accept Sublandlord’s Determination or to object thereto in writing. In the event Subtenant fails to object to Sublandlord’s Determination in writing within Subtenant’s Review Period, Sublandlord’s Determination of the Fair Market Rental shall be deemed accepted. If Subtenant objects to Sublandlord’s Determination within Subtenant’s Review Period, the parties shall then have ten (10) business days (the “Negotiating Period”) after the expiration of Subtenant’s Review Period within which to agree on the Fair Market Rental for the Option Term within thirty (30) days following the Exercise DateRenewal Term. If Tenant disputes Landlord's determination of the parties agree on the Fair Market Rental for the Option TermRenewal Term within the Negotiating Period, Tenant shall, within thirty (30) days after the date of Landlord's notice they shall immediately execute an amendment to this Lease setting forth the new Monthly Rent. If the parties are unable to agree on the Fair Market Rental for the Option Term, send Renewal Term within the Negotiating Period then each party shall place in a separate sealed envelope their final proposal as to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of such Fair Market Rental for and such determination shall be submitted to arbitration in accordance with the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided procedures set forth in the previous sentence, Landlord's determination last three (3) paragraphs of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.2.3

Appears in 1 contract

Samples: Sublease Agreement (Provide Commerce Inc)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty Term, on or before the date that is twelve (3012) days following months prior to the Exercise Expiration Date. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C paragraph 37(C) below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C paragraph 37(C) below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord the Fair Market Rental as determined by Landlord in the manner provided above. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C paragraph 37(C) below is greater than Landlord's determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37(C) below within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C paragraph 37(C) below is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37(C) below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Common and Maintenance Agreement (Annuncio Software Inc)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty Term, on or before the date that is twelve (3012) days following months prior to the Exercise Expiration Date. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C paragraph 37.C below. If Tenant does not send to Landlord a notice as provided in the previous sentenceherein, Landlord's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C paragraph 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord the Fair Market Rental as determined by Landlord in the manner provided above. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C paragraph 37.C below is greater than Landlord's determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37.C below within thirty (30) 30 days after such the determination. If the Fair Market Rental as finally determined in Section 18.C paragraph 37.C below is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37.C below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Diagnostic Retrieval Systems Inc

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty (30) days following of Tenant’s exercise of the Exercise DateOption. If Tenant disputes Landlord's ’s determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C Article 37.C below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's ’s determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable rent to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C Article 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord the Fair Market Rental as determined by Landlord in rent due hereunder during the manner provided abovemonth preceding the Expiration Date. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C Article 37.C below is greater than Landlord's ’s determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C he rent due hereunder during the month preceding the Expiration Date within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C Article 37.C below is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.in

Appears in 1 contract

Samples: Western Digital Corp

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Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty Term, on or before the date that is twelve (3012) days following months prior to the Exercise Expiration Date. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C paragraph 37.C below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C paragraph 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord the Fair Market Rental as determined by Landlord in the manner provided above. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C paragraph 37.C below is greater than Landlord's determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37.C below within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C paragraph 37.C below is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37.C below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Therma Wave Inc

Determination of Fair Market Rental. If Tenant exercises Promptly after the Option, determination by Landlord shall send Tenant a notice setting forth of the Fair Market Rental for the Option Term within Rental, but in no event later than thirty (30) days following after receipt of Tenant’s Extension Notice, Landlord shall send written notice to Tenant thereof and shall advise Tenant of the Exercise Dateadjustment to the Annual Rent. If In the event Tenant disputes disagrees with Landlord's ’s determination of Fair Market Rental for or if Landlord fails to deliver said notice, Landlord and Tenant shall have thirty (30) days to negotiate in good faith the Option Termdetermination of the Fair Market Rental. In the event the parties cannot agree on such determination, then either party may, by written notice to the other party, require that the determination of the Fair Market Rental be made by an independent M.A.I. appraiser having substantial experience with leasing of similar office space in Center City Philadelphia. Such M.A.I. appraiser shall be mutually agreed to by Landlord and Tenant within fifteen (15) days. If Landlord and Tenant cannot agree on an appraiser, Landlord shall select one, Tenant shallshall select one and the two appointed parties shall jointly select a third appraiser (the “panel of appraisers”), provided each of the appraisers shall have substantial experience with leasing of similar office space in Center City Philadelphia. Such M.A.I. appraiser (or panel of appraisers) shall be chosen within thirty (30) days after the date of Landlord's Tenant’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's requiring determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C belowby appraisal. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within Within thirty (30) days after such determination. If the selection of the appraiser (or panel of appraisers) Landlord and Tenant shall each present to the appraiser (or the panel of appraisers) a written proposal specifying their belief as to the Fair Market Rental as finally determined in Section 18.C is less than Rental. The appraiser (or the panel of appraisers by majority vote) shall accept either the Landlord's determination, ’s proposal or the difference between the amount paid by Tenant and the Tenant’s proposal for Fair Market Rental as so determined in Section 18.C Rental, which decision shall be credited against binding upon Landlord and Tenant. Landlord and Tenant shall separately pay any fees and expenses of any separate counsel and witnesses selected by them, and shall divide equally the next installments fees and expenses charged by the appraiser (or the panel of Base Monthly Rent due from Tenant to Landlord hereunderappraisers).

Appears in 1 contract

Samples: Office Lease (Pennsylvania Real Estate Investment Trust)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty (30) days following of Tenant's exercise of the Exercise DateOption. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C Article 37.C below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C Article 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord the Fair Market Rental as determined by Landlord in rent due hereunder during the manner provided abovemonth preceding the Expiration Date. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C Article 37.C below is greater than Landlord's determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C he rent due hereunder during the month preceding the Expiration Date within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C Article 37.C below is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.in

Appears in 1 contract

Samples: Komag Inc /De/

Determination of Fair Market Rental. If Tenant exercises the an Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C 19.C below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be deemed the agreed upon Fair Market Rental amount to be used in computing Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C 19.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the greater of (i) the Base Monthly Rent in effect immediately before the start of the Option Term (without regard to temporary reductions or abatements then in effect, or (ii) Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C 19.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in this Section 18.C 19 within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C 19.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental actual Base Monthly Rent due as so determined in pursuant to this Section 18.C 19 shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease (Cutera Inc)

Determination of Fair Market Rental. If Tenant exercises the an Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be used in computing the Base Monthly Rent payable by Tenant during the Option TermTerm pursuant to Section 18.A above. If Tenant elects to resolve the disagreement as provided in Section 18.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as the Base Monthly Rent as determined by Landlord (taking into account the Fair Market Rental as determined by Landlord Landlord) in the manner provided aboveabove pending the resolution of such dispute. If the Fair Market Rental Base Monthly Rent as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental Base Monthly Rent as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental Base Monthly Rent as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental Base Monthly Rent as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease (Cavium, Inc.)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be the basis for determining the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C the provisions set forth below is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such said determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Hercules Technology Growth Capital Inc)

Determination of Fair Market Rental. If Tenant exercises Included in the Option, Landlord Notice of Exercise shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlordbe Tenant's determination opinion of Fair Market Rental for the Option applicable Extension Term. If Landlord disagrees with Tenant’s opinion of Fair Market Rental, it shall so notify Tenant shall, (“Landlord’s Value Notice”) within thirty (30) days Business Days after receipt of Tenant’s Notice of Exercise. If Landlord has not delivered Landlord’s Value Notice to Tenant within fifteen (15) Business Days after the date of Tenant’s Notice of Exercise, Tenant shall send Landlord a second notice with a legend stating: LANDLORD’S FAILURE TO RESPOND TO THIS NOTICE WITHIN 15 BUSINESS DAYS WILL CONSTITUTE LANDLORD’S ACCEPTANCE OF THE FAIR MARKET RENTAL SET FORTH IN TENANT’S NOTICE OF EXERCISE. The failure of Landlord to so notify Tenant of Landlord's notice setting forth ’s disagreement within thirty (30) Business Days after receipt of Tenant’s Notice of Exercise shall be considered an acceptance by Landlord of Tenant’s opinion of Fair Market Rental for Rental. If Landlord timely sends Tenant Landlord’s Value Notice and the Option Termparties are unable to resolve their differences within thirty (30) Business Days following Tenant's receipt of Landlord’s Value Notice, send then Tenant may, at its option, by written notice to Landlord a notice stating that Tenant either elects to terminate its exercise within ten (10) Business Days following the expiration of the Optionforegoing thirty (30) Business Day period either (i) rescind its Notice of Exercise, in which event the Option Lease Term shall lapse and this Lease shall terminate expire on the Expiration Datedate then set for its expiration, unless the Lease Term is earlier terminated in accordance with its terms or that Tenant disagrees with Landlord's (ii) submit the determination of Fair Market Rental for to arbitration in accordance with the Option Term and elects to resolve terms of this Exhibit E (the disagreement as provided in Section 18.C below"Arbitration Notice"). If Tenant does not send Landlord a notice as provided fails to make either election in accordance with the previous terms of the immediately preceding sentence, Landlord's determination of Fair Market Rental the Lease Term shall be expire on the Base Monthly Rent payable by Tenant during date then set for its expiration, unless the Option Term. If Tenant elects to resolve the disagreement as provided Lease Term is earlier terminated in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunderaccordance with its terms.

Appears in 1 contract

Samples: Office Lease (Choice Hotels International Inc /De)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.. Resolution of a Disagreement over the Fair Market Rental: Any disagreement regarding Fair Market Rental shall be resolved as follows:

Appears in 1 contract

Samples: Lease Termination and Settlement Agreement (Network Equipment Technologies Inc)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty Term, on or before the date that is one hundred fifty (30150) days following prior to the Exercise Expiration Date. If Tenant disputes Landlord's ’s determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C 38(C) below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's ’s determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C 38(C) below, and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord hereunder adjusted to reflect the Fair Market Rental as determined by Landlord in the manner provided above. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C 38(C) below is greater than Landlord's ’s determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C 38(C) below within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C 37(C) below is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C 38(C) below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease Between (Xenoport Inc)

Determination of Fair Market Rental. If Tenant Lessee exercises the Option, Landlord Lessor shall send Tenant to Lessee a notice setting forth the Lessor's good faith determination of Fair Market Rental for the Premises for the Option Term within thirty Term, on or before the date that is twelve (3012) days following months prior to the Exercise Expiration Date. If Tenant Lessee disputes LandlordLessor's determination of the Fair Market Rental for the Option Term, Tenant Lessee shall, within thirty (30) days after the date of LandlordLessor's notice setting forth the Fair Market Rental for the Option Term, send to Landlord Lessor a notice stating that Tenant Lessee either (i) elects to terminate its exercise of the Option, in which event even the Option shall lapse and this Lease shall terminate on oh the Expiration Date, or that Tenant (ii) disagrees with LandlordLessor's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C Subsection 7.C, below. If Tenant Lessee does not send Landlord to Lessor a notice as provided in the previous sentence, LandlordLessor's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant Lessee hereunder during the Option Term. If Tenant Lessee elects to resolve the disagreement as provided in Section 18.C Subsection 7.C, below, and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant Lessee shall pay to Landlord as Base Monthly Rent to Lessor the Fair Market Rental as determined by Landlord Lessor in the manner provided above. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C Subsection 7.C, below, is greater than LandlordLessor's determination, Tenant Lessee shall pay Landlord to Lessor the difference between the amount paid by Tenant Lessee and the Fair Market Rental as so determined in Section 18.C Subsection 7.C, below, within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C Subsection 7.C, below, is less than LandlordLessor's determination, the difference between the amount paid by Tenant Lessee and the Fair Market Rental as so determined in Section 18.C Subsection 7.C, below, shall be credited against the next installments of Base Monthly Rent rent due from Tenant Lessee to Landlord Lessor hereunder.

Appears in 1 contract

Samples: Improvement Agreement (Introbiotics Phamaceuticals Inc)

Determination of Fair Market Rental. If Tenant exercises Upon exercise of the Optionright to extend the term, Landlord and included within the Notice of Exercise, Lessee shall send Tenant a notice setting forth the notify Lessor of its opinion of Fair Market Rental as above defined for the Option Extended Term. However, in no event shall Lessor be obligated to join any such discussions, nor shall any appraisal or Arbitration described herein commence prior to three hundred sixty-five (365) days before the expiration of the then current Term. If the parties are unable to agree upon a Minimum Monthly Rent for the Extended Term within thirty (30) days following thereafter, then, within ten (10) days after the Exercise Dateexpiration of such period, either party at its own cost and expense and by giving notice to the other party in writing, may appoint a real estate appraiser who is a Member of the Appraisal Institute, or Society of Real Estate Appraisers, or an equivalent professional organization, with at least five (5) years' experience appraising properties devoted to the same general type of use (e.g. office) as the Leased Premises in the county in which the Leased Premises are located, ("Qualified Appraiser"), to set the Minimum Monthly Rent for the Extended Term. The terms "Minimum Monthly Rent" and ninety per cent (90%) of the "Fair Market Rental" as used in this article shall be interchangeable. If Tenant disputes Landlord's determination a party does not appoint a Qualified Appraiser within ten (10) days after the first party has given notice of the name of its Qualified Appraiser, the single Qualified Appraiser appointed shall be the sole appraiser and shall set the Fair Market Rental for the Option Extended Term. If two Qualified Appraisers are appointed by the parties, Tenant shallthey shall meet promptly, within on five (5) days' notice to the parties, to take such evidence and other information as the parties may deem reasonable to submit to the Qualified Appraisers. Within thirty (30) days after the date of Landlord's notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise selection of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date last of the Option Termtwo Qualified Appraisers to be appointed by the parties, Tenant the Qualified Appraisers shall pay to Landlord as Base Monthly Rent render their opinions of the Fair Market Rental of the premises as determined by Landlord in the manner provided aboveabove qualified. If the Fair Market Rental as finally determined pursuant to Section 18.C two valuations are within ten per cent (10%) of each other, they shall be averaged and ninety per cent (90%) of the average of the two shall be the Minimum Monthly Rent for the Extended Term. If only one appraisal is greater than Landlord's determinationtimely submitted, Tenant ninety per cent (90%) of that appraisal shall pay Landlord constitute the difference between Minimum Monthly Rent for the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determinationExtended Term. If the two valuations are separated by more than ten per cent (10%), then the two appraisers shall, within ten (10) days following the last date for submission of the two appraisals of Fair Market Rental Rental, appoint a third Qualified Appraiser. If they are unable to agree upon a third Qualified Appraiser within such ten (10) day period, either of the parties to this Lease, by giving five (5) days' notice to the other party, may demand Arbitration as finally determined specified in Section 18.C is less than Landlord's determinationSubsection (f) of this Section. If neither party applies for Arbitration within the ten (10) day period herein specified, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C two appraisals of value shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunderaveraged as stated above.

Appears in 1 contract

Samples: Second Lease Amendment (Sangstat Medical Corp)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C 18.C. is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Terayon Communication Systems

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's ’s notice setting meting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's determination of Fair Market Rental shall be the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If lf the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Commencement Agreement (NeurogesX Inc)

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty (30) days following of Tenant's exercise of the Exercise DateOption. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C Article 37.C below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C Article 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord the Fair Market Rental as determined by Landlord in rent due hereunder during the manner provided abovemonth preceding the Expiration Date. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C Article 37.C below is greater than Landlord's determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C he rent due hereunder during the month preceding the Expiration Date within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C Article 37.C below is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C Article 37.C below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Komag Inc /De/

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C Article 37.C below. If Tenant does not send to Landlord a 27 notice as provided in the previous sentence, LandlordXxxxxxxx's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C Article 37.C below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord the Fair Market Rental as determined by Landlord in the manner provided above. If the amount of Fair Market Rental as finally determined pursuant to Section 18.C Article 37.C below is greater than Landlord's determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C Article 37.C below within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C Article 37.C below is less than Landlord's determination, the difference between the amount paid by Tenant Xxxxxx and the Fair Market Rental as so determined in Section 18.C Article 37.C below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Terayon Communication Systems

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send to Tenant a notice setting forth the Fair Market Rental for the Premises for the Option Term within thirty Term, on or before the date that is one hundred fifty (30150) days following prior to the Exercise Expiration Date. If Tenant disputes Landlord's determination of the Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Landlord's notice setting forth the Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either (i) elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant (ii) disagrees with Landlord's determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C paragraph 37(C) below. If Tenant does not send to Landlord a notice as provided in the previous sentence, Landlord's determination of the Fair Market Rental shall be the basis for determining the Base Monthly Rent payable to be paid by Tenant hereunder during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C paragraph 37(C) below and such procedures are shall not have been concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent to Landlord hereunder adjusted to reflect the Fair Market Rental as determined by Landlord in the manner provided above. If the amount of Fair Market Rental as is finally determined pursuant to Section 18.C paragraph 37(C) below is greater than Landlord's determination, Tenant shall pay to Landlord the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37(C) below within thirty (30) days after such the determination. If the Fair Market Rental as finally determined in Section 18.C paragraph 37(C) below is less than Landlord's determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C paragraph 37(C) below shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Visx Inc

Determination of Fair Market Rental. If Tenant exercises the Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Date. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date of Tenant’s receipt of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be the basis for determining the Base Monthly Rent payable by Tenant during the Option Term. If Tenant elects to resolve the disagreement as provided in Section 18.C and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as Base Monthly Rent the Fair Market Rental as determined by Landlord in the manner provided above. If the Fair Market Rental as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and ninety five percent (95%) of the Fair Market Rental as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Lease (Extreme Networks Inc)

Determination of Fair Market Rental. If Tenant exercises the an Option, Landlord shall send Tenant a notice setting forth the Fair Market Rental for the Option Term within thirty (30) days following the Exercise Datedate of exercise. If Tenant disputes Landlord's ’s determination of Fair Market Rental for the Option Term, Tenant shall, within thirty (30) days after the date delivery to Tenant of Landlord's ’s notice setting forth Fair Market Rental for the Option Term, send to Landlord a notice stating that Tenant either elects to terminate its exercise of the Option, in which event the Option shall lapse and this Lease shall terminate on the Expiration Date, or that Tenant disagrees with Landlord's ’s determination of Fair Market Rental for the Option Term and elects to resolve the disagreement as provided in Section 18.C below. If Tenant does not timely send Landlord a notice as provided in the previous sentence, Landlord's ’s determination of Fair Market Rental shall be used in computing the Base Monthly Rent payable by Tenant during the Option TermTerm pursuant to Section 18.A above. If Tenant elects to resolve the disagreement as provided in Section 18.C below and such procedures are not concluded prior to the commencement date of the Option Term, Tenant shall pay to Landlord as the Base Monthly Rent as determined by Landlord (taking into account the Fair Market Rental as determined by Landlord Landlord) in the manner provided aboveabove pending resolution of such dispute. If the Fair Market Rental Base Monthly Rent as finally determined pursuant to Section 18.C is greater than Landlord's ’s determination, Tenant shall pay Landlord the difference between the amount paid by Tenant and the Fair Market Rental Base Monthly Rent as so determined in Section 18.C within thirty (30) days after such determination. If the Fair Market Rental Base Monthly Rent as finally determined in Section 18.C is less than Landlord's ’s determination, the difference between the amount paid by Tenant and the Fair Market Rental Base Monthly Rent as so determined in Section 18.C shall be credited against the next installments of Base Monthly Rent due from Tenant to Landlord hereunder.

Appears in 1 contract

Samples: Cavium, Inc.

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