Common use of Determination of Option Rent Clause in Contracts

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent.

Appears in 9 contracts

Samples: Lease (Relypsa Inc), Sublease (Alector, Inc.), Lease (Relypsa Inc)

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Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s determination of Option Rent.

Appears in 7 contracts

Samples: Sublease (Twist Bioscience Corp), Lease (Pliant Therapeutics, Inc.), Lease (Bolt Biotherapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of but rejects the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s determination of set forth in the Option RentRent Notice pursuant to Section 2.2.3, in good faith objects to Landlord’s determination of the Option Rentabove, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-good­ faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s objection upon the Option Rent applicable to the Option Rent Term on or before the date that is one hundred eighty (180) days prior to the expiration of the initial Lease Term (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option right, by delivering written notice thereof to Landlord within five (5"Tenant's Arbitration Notice"), no later than fifteen (15) days thereafterfollowing the Outside Agreement Date, in which to have the Option Rent determined by arbitration. In the event Tenant’s that Tenant fails to timely and appropriate exercise its right to extend have the Lease Option Rent determined by arbitration as required pursuant to the terms of this Section 2.2.4, then the option right granted to Tenant pursuant to this Section 2.2 shall automatically terminate and be of no further force or effect. If In the event Tenant does not withdraw timely and appropriately exercises its exercise right to arbitrate the determination of the extension optionOption Rent, then each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten five (105) business days after the Outside Agreement Dateof Landlord's receipt of Tenant's Arbitration Notice, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 2.2.4.1 through 2.2.3.72.2.4.4, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent.

Appears in 4 contracts

Samples: Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp), Office Lease (Pulmonx Corp)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s 's right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s 's determination of Option Rent.

Appears in 3 contracts

Samples: Lease (Graphite Bio, Inc.), Lease (CytomX Therapeutics, Inc.), Lease (MyoKardia Inc)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) business days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s determination of Option Rent.

Appears in 3 contracts

Samples: Lease (Nkarta, Inc.), Lease (Annexon, Inc.), Lease (Annexon, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within on or before the days which is thirty (30) days thereafterfollowing the date Tenant timely and appropriately exercises its option to extend the Lease Term. If Tenant, on or before the date which is ten (10) days Business Days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best commercially reasonable, good-faith efforts. If Landlord and Tenant fail to reach agreement within ten fifteen (1015) business days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten five (105) days after the Outside Agreement DateBusiness Days, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to rejected Landlord’s 's determination of Option RentRent and the Option Rent shall be determined by arbitration as provided below.

Appears in 2 contracts

Samples: Lease (Pulmonx Corp), Lease (Pulmonx Corp)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant Xxxxxx receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant Xxxxxx fails to object to LandlordXxxxxxxx’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent.

Appears in 2 contracts

Samples: Lease (Denali Therapeutics Inc.), Lease (Denali Therapeutics Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s 's right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Seaport Center (Adverum Biotechnologies, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) business days following the date upon which Tenant Xxxxxx receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date XE "Outside Agreement Date" "), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s 's right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant Xxxxxx fails to object to Landlord’s accept Xxxxxxxx's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Lease (Tempest Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s determination of Option Rent.. [Britannia Life Science Center]

Appears in 1 contract

Samples: Lease (Biotech Acquisition Co)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafteron or before the Lease Expiration Date. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten five (105) business days after the Outside Agreement Dateof Landlord's receipt of Tenant's Arbitration Notice, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 2.2.4.1 through 2.2.3.72.2.4.4, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Torrey Pines Corporate Center (Cytori Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafteron or before the expiration of the initial Lease Term or the First Option Term, as the case may be. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall -6- HCP, INC. [4930 Director’s Place] [Sorrento Therapeutics, Inc.] attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then or if Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof timely delivers an Irrevocable Exercise Notice to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this the terms of Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option1.3.2, above, then each party shall make a separate determination of the Option Rent, as the case may be, within ten five (105) days after the Outside Agreement Datedays, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Sorrento Gateway (Sorrento Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within on or before the date that is thirty (30) days thereafterfollowing Landlord's receipt of the Option Exercise Notice. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten five (105) business days after of the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.72.2.3.8, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to rejected Landlord’s 's determination of the Option Rent, and the matter shall be submitted to arbitration in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease (Audentes Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) business days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s 's right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.72.2.3.8, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Lease (Nkarta, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafterfollowing Landlord’s receipt of Tenant’s exercise notice. If Tenant, on or before the date which is ten (10) business days following Landlord’s receipt of Tenant’s exercise notice, fails to accept or object to Landlord’s determination of the Option Rent, Tenant’s right to extend this Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant, on or before the date that is ten (10) business days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by 791223.03/WLA 186772-00003/3-7-19/gjn/gjn -7- [Edgewater Business Park] [Allogene Therapeutics, Inc.] delivering written notice thereof to Landlord within five (5) business days thereafter, in which event Tenant’s 's right to extend the this Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party Party shall make a separate determination of the Option Rent, as the case may be, within ten (10) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Edgewater Business Park (Allogene Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant Txxxxx receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s Txxxxx's right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant Txxxxx fails to object to Landlord’s Lxxxxxxx's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Lease (Surrozen, Inc./De)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafterfollowing Landlord’s receipt of Tenant’s exercise notice. If Tenant, on or before the date which is ten (10) business days following the date upon which Tenant receives Lxxxxxxx’s receipt of Tenant’s exercise notice, fails to accept or object to Landlord’s determination of the Option Rent, in good faith Tenant’s right to extend this Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant, on or before the date that is ten (10) business days following the date upon which Txxxxx receives Landlord's determination of the Option Rent, objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) business days thereafter, in which event Tenant’s 's right to extend the this Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party Party shall make a separate determination of the Option Rent, as the case may be, within ten (10) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Five Prime Therapeutics Inc

Determination of Option Rent. In the event Tenant timely and appropriately exercises an the option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) business days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, Rent within ten fifteen (1015) business days after of the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to accept or reject Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to rejected Landlord’s determination of Option Rent, and each party shall make their separate determinations of Option Rent and the matter shall be submitted to arbitration in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease (Principia Biopharma Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant Xxxxxx receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following TenantXxxxxx’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event TenantXxxxxx’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant Xxxxxx fails to object to LandlordXxxxxxxx’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Lease (Harpoon Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Third Expansion Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s 's right to extend the Lease pursuant to this Section 2.2 3.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 3.2.3.1 through 2.2.3.73.2.3.7, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Lease (Arcus Biosciences, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafteron or before the Lease Expiration Date. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith 6 HCP, INC.[4939 Director's Place][Sorrento Therapeutics, Inc.] efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then or if Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof timely delivers an Irrevocable Exercise Notice to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this the terms of Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option1.3.2, above, then each party shall make a separate determination of the Option Rent (or First Offer Rent, as the case may be), within ten five (105) days after the Outside Agreement Datedays, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Sorrento Gateway (Sorrento Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an the option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) business days thereafter, in which event Tenant’s 's right to extend the Lease pursuant to this Section 2.2 3.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, Rent within ten fifteen (1015) business days after of the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 3.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent3.2.3.

Appears in 1 contract

Samples: Lease Agreement (Vaxart, Inc.)

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Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term for the Option Term, Landlord shall notify Tenant of Landlord’s 's good faith determination of the Option Rent within (“Landlord’s Option Rent Determination”) on or before the date that is thirty (30) days thereafterfollowing Landlord's receipt of the Option Exercise Notice. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s determination of the 's Option RentRent Determination, in good faith objects to Landlord’s determination of the 's Option RentRent Determination, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s 's objection to the Landlord's Option Rent Determination (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten five (105) business days after of the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the 's Option Rent Determination within the time period set forth herein, then Tenant shall be deemed to have objected rejected Landlord's Option Rent Determination, and the matter shall be submitted to Landlord’s determination of Option Rentarbitration in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease (Unity Biotechnology, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Guaranty of Lease (Compugen LTD)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafteron or before the Lease Expiration Date. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then or if Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof timely delivers an Irrevocable Exercise Notice to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this the terms of Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option1.3.2, above, then each party shall make a separate determination of the Option Rent (or First Offer Rent, as the case may be), within ten five (105) days after the Outside Agreement Datedays, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Sorrento Gateway Lease (Sorrento Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s 's right to extend the Lease pursuant to this Section 2.2 3.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 3.2.3.1 through 2.2.3.73.2.3.7, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Lease (Arcus Biosciences, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of but rejects the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant receives Landlord’s determination of set forth in the Option RentRent Notice pursuant to Section 1.3, in good faith objects to Landlord’s determination of the Option Rentabove, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s objection upon the Option Rent applicable to the Option Rent Term on or before the date that is ninety (90) days prior to the expiration of the initial Lease Term (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option right, by delivering written notice thereof to Landlord within five (5“Tenant’s Arbitration Notice”), no later than fifteen (15) days thereafterfollowing the Outside Agreement Date, in which to have the Option Rent determined by arbitration. In the event Tenant’s that Tenant fails to timely and appropriate exercise its right to extend have the Lease Option Rent determined by arbitration as required pursuant to the terms of this Section 1.4, then the option right granted to Tenant pursuant to this Section 2.2 1 shall automatically terminate and be of no further force or effect. If In the event Tenant does not withdraw timely and appropriately exercises its exercise right to arbitrate the determination of the extension optionOption Rent, then each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten five (105) days after the Outside Agreement Dateof Landlord’s receipt of Tenant’s Arbitration Notice, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 1.4.1 through 2.2.3.71.4.4, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Office Lease (Netlogic Microsystems Inc)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within on or before the date that is thirty (30) days thereafterfollowing Landlord's receipt of the Option Exercise Notice. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten five (105) business days after of the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 2.3.4.1 through 2.2.3.72.3.4.4, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to rejected Landlord’s 's determination of the Option Rent, and the matter shall be submitted to arbitration in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease (VistaGen Therapeutics, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) business days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) business days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) business days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Lease (Annexon, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease TermTerm pursuant to Section 2.2.1, above, then Landlord shall notify deliver written notice (the "Landlord Response Notice") to Tenant of Landlord’s determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is thirty (30) days after Landlord's receipt of the Exercise Notice of Landlord's determination of the Option Rent. Within ten (10) days following the date upon which Tenant receives Landlord’s determination its receipt of the Landlord Response Notice, Tenant shall notify Landlord in writing whether it accepts or objects to the Option Rent, Rent set forth in Landlord's Response Notice. In the event that Tenant in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall meet and attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten on or before the date that is ninety (1090) days following Tenant’s objection prior to the expiration of the initial Lease Term (the "Outside Agreement Date"), then the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option be determined by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease binding arbitration pursuant to the terms of this Section 2.2 shall be of no further force or effect2.2.3. If Tenant does not withdraw its exercise of the extension option, each Each party shall make a separate determination of the Option Rent, as the case may be, within ten five (105) days after following the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections Section 2.2.3.1 through 2.2.3.7Section 2.2.3.4, below. If Tenant fails to object to Landlord’s The determination of the Option Rent within the time period set forth herein, then Tenant arbitrators shall be deemed to have objected to Landlord’s determination of Option Rentmade by taking into consideration all Comparable Transactions as calculated under the Constant Rate Equivalent Approach.

Appears in 1 contract

Samples: Office Lease (SoFi Technologies, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option the Option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of Extend but rejects the Option Rent within thirty (30) days thereafter. If Tenantset forth in the Landlord's Option Rent Notice pursuant to Section 2.2.3 above, on or before or, with respect to the date which is ten (10) days following the date upon which Tenant receives Landlord’s determination of the Option First Offer Rent, in good faith if Tenant exercises its Right of First Offer but timely objects to Landlord’s 's determination of First Offer Rent as set forth in the Option RentFirst Offer Notice, then Landlord and Tenant shall attempt to agree upon the Option Rent (or the First Offer Rent) using their best good-faith efforts. If Landlord and Tenant fail to reach agreement upon (i) the Option Rent applicable to the Option Term on or before the date that is ninety (90) days prior to the expiration of the Lease Term or the initial Option Term, as applicable, or (ii) the First Offer Rent within ten thirty (1030) days following the date of Tenant’s 's objection notice to the First Offer Rent (each, an "Outside Agreement Date"), then the Option Rent (the “Outside Agreement Date”)or First Offer Rent, then Tenant as applicable) shall have the right to withdraw its exercise of the option be determined by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease arbitration pursuant to the terms of this Section 2.2 shall be of no further force or effect2.2.4. If Tenant does not withdraw its exercise of the extension option, each Each party shall make a separate determination of the Option Rent, as Market Rent (the case may be"Exchanged Market Rents"), within ten five (105) days after following the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 2.2.4.1 through 2.2.3.72.2.4.4, below. If Tenant fails to object to Landlord’s The determination of the Option Rent within the time period set forth herein, then Tenant arbitrators shall be deemed limited solely to have objected the issue of whether Landlord's or Tenant's Exchanged Market Rents determination is the closest to Landlord’s determination the actual Market Rent as determined by the arbitrators, taking into account the requirements of Option RentSection 2.2 of this Lease.

Appears in 1 contract

Samples: Office Lease (Penumbra Inc)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within on or before the date that is thirty (30) days thereafterfollowing Landlord's receipt of the Option Exercise Notice. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten (10) business days after of the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 6.3.1 through 2.2.3.76.3.8, below. If Tenant fails to object to Landlord’s 's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to rejected Landlord’s 's determination of the Option Rent, and the matter shall be submitted to arbitration in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease (TerraVia Holdings, Inc.)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an its option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within on or before the date that is thirty (30) days thereafterfollowing Landlord’s receipt of the Option Exercise Notice. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall thereafter make a separate determination of the Option Rent, as the case may be, within ten five (105) business days after of the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.72.2.3.8, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to rejected Landlord’s determination of the Option Rent, and the matter shall be submitted to arbitration in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease (Benitec Biopharma LTD/ADR)

Determination of Option Rent. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s 's determination of the Option Rent within thirty (30) days thereafter. If Tenant, on or before the date which is ten (10) days following the date upon which Tenant Xxxxxx receives Landlord’s 's determination of the Option Rent, in good faith objects to Landlord’s 's determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten (10) days following Tenant’s 's objection to the Option Rent (the "Outside Agreement Date"), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s Xxxxxx's right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may be, within ten (10) days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s Xxxxxxxx's determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s 's determination of Option Rent.

Appears in 1 contract

Samples: Lease (Pliant Therapeutics, Inc.)

Determination of Option Rent. Notwithstanding any provision to the contrary contained herein, within fifteen (15) business days following Landlord’s receipt of written request from Tenant (which request shall not be delivered earlier than fifteen (15) months prior to the commencement of the Option Term nor later than ten (10) months prior to the commencement of the Option Term), Landlord shall provide Tenant with Landlord’s nonbinding good faith estimate of the Fair Rental Value for the Premises during the Option Term. In the event Tenant timely and appropriately exercises an option to extend the Lease Term, Landlord shall notify Tenant of Landlord’s determination of the Option Rent within thirty on or before the date which occurs six (306) days thereaftermonths prior to the Lease Expiration Date. If Tenant, on or before the date which is ten thirty (1030) days following the date upon which Tenant receives Landlord’s determination of the Option Rent, in good faith objects to Landlord’s determination of the Option Rent, then Landlord and Tenant shall attempt to agree upon the Option Rent using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within ten thirty (1030) days following Tenant’s objection to the Option Rent (the “Outside Agreement Date”), then Tenant shall have the right to withdraw its exercise of the option by delivering written notice thereof to Landlord within five (5) days thereafter, in which event Tenant’s right to extend the Lease pursuant to this Section 2.2 shall be of no further force or effect. If Tenant does not withdraw its exercise of the extension option, each party shall make a separate determination of the Option Rent, as the case may bemaybe, within ten five (105) days after the Outside Agreement Datedays, and such determinations shall be submitted to arbitration in accordance with Sections 2.2.3.1 through 2.2.3.7, below. If Tenant fails to object to Landlord’s determination of the Option Rent within the time period set forth herein, then Tenant shall be deemed to have objected to accepted Landlord’s determination of Option Rent.

Appears in 1 contract

Samples: Lease (BioAtla, Inc.)

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