Common use of Determination of Option Rent Clause in Contracts

Determination of Option Rent. If Tenant timely and appropriately objects in its Exercise Notice to Landlord to the Fair Market Rental Rate for the Option Term initially described in Landlord's Option Rent Notice, then Landlord and Tenant shall attempt in good faith to agree upon the Fair Market Rental Rate. If Landlord and Tenant fail to reach agreement within thirty (30) days following Tenant's delivery of such Exercise Notice (the "Outside Agreement Date"), then each party shall submit to the other party a separate written determination of the Fair Market Rental Rate within fifteen (15) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with the provisions of Sections 4.1 through 4.7 below. The failure of Tenant or Landlord to submit a written determination of the Fair Market Rental Rate within such fifteen (15) business day period shall conclusively be deemed to be such party's approval of the Fair Market Rental Rate submitted within such fifteen (15) business day period by the other party. 843078.08/SD374622-00033/8-4-16/MLT/dek RIDER-1- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.]

Determination of Option Rent. If Tenant timely and appropriately objects in its Exercise Notice to Landlord to the Fair Market Rental Rate for the Option Term initially described in Landlord's ’s Option Rent Notice, then Landlord and Tenant shall attempt in good faith to agree upon the Fair Market Rental Rate. If Landlord and Tenant fail to reach agreement within thirty (30) days following Tenant's ’s delivery of such Exercise Notice (the "“Outside Agreement Date"”), then each party shall submit to the other party a separate written determination of the Fair Market Rental Rate within fifteen (15) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with the provisions of Sections 4.1 through 4.7 below. The failure of Tenant or Landlord to submit a written determination of the Fair Market Rental Rate within such fifteen (15) business day period shall conclusively be deemed to be such party's ’s approval of the Fair Market Rental Rate submitted within such fifteen (15) business day period by the other party. 843078.08/SD374622-00033/8-4-16/MLT/dek RIDER-1- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.].

Determination of Option Rent. If In the event Tenant timely and appropriately objects in its Exercise Notice writing pursuant to Landlord Section 10.2 above with respect to the Fair Market Rental Rate initially determined by Landlord for the applicable Option Term initially described in Landlord's Option Rent NoticeTerm, then Landlord and Tenant shall attempt in good faith to agree upon the such Fair Market Rental Rate, using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within thirty by the date (30the "Outside Agreement Date") which is twenty (20) days following Tenant's delivery of such the Exercise Notice (the "Outside Agreement Date")Notice, then each party shall submit to the other party a separate written determination of the Fair Market Rental Rate within fifteen ten (1510) business days after the such Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with the provisions of Sections 4.1 10.3(a) through 4.7 (g) below. The failure of Tenant or Landlord to submit a written determination of the Fair Market Rental Rate within such fifteen ten (1510) business day period shall conclusively be deemed to be such party's approval of the Fair Market Rental Rate submitted within such fifteen ten (1510) business day period by the other party. 843078.08/SD374622-00033/8-4-16/MLT/dek RIDER-1- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.].

Determination of Option Rent. If Tenant timely and appropriately objects in its Exercise Notice writing pursuant to Landlord Section 8.2 above with respect to the Fair Market Rental Rate for the Renewal Premises for the Option Term initially described determined by Landlord in Landlord's ’s Option Rent Notice, then Landlord and Tenant shall attempt in good faith to agree upon the Fair Market Rental Rate, using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within thirty by the date (30the “Outside Agreement Date”) which is twenty (20) days following Tenant's ’s delivery of such the Exercise Notice (the "Outside Agreement Date")Notice, then each party shall submit to the other party a separate written determination of the Fair Market Rental Rate for the Option Term within fifteen ten (1510) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with the provisions of Sections 4.1 8.3.1 through 4.7 8.3.7 below. The failure of Tenant or Landlord to submit a written determination of the Fair Market Rental Rate for the Option Term within such fifteen ten (1510) business day period shall conclusively be deemed to be such party's ’s approval of the Fair Market Rental Rate for the Option Tenn submitted within such fifteen ten (1510) business day period by the other party. 843078.08/SD374622-00033/8-4-16/MLT/dek RIDER-1- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.].

Determination of Option Rent. If Tenant timely and appropriately objects in its Exercise Notice writing pursuant to Landlord Section 3 above with respect to the Fair Market Rental Rate for the Option Term initially described determined by Landlord in Landlord's ’s Option Rent Notice, then Landlord and Tenant shall attempt in good faith to agree upon the Fair Market Rental Rate, using their best good-faith efforts. If Landlord and Tenant fail to reach agreement within thirty by the date (30the “Outside Agreement Date”) which is twenty (20) days following Tenant's ’s delivery of such the Exercise Notice (the "Outside Agreement Date")Notice, then each party shall submit to the other party a separate written determination of the Fair Market Rental Rate within fifteen ten (1510) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with the provisions of Sections 4.1 through 4.7 below. The failure of Tenant or Landlord to submit a written determination of the Fair Market Rental Rate within such fifteen ten (1510) business day period shall conclusively be deemed to be such party's ’s approval of the Fair Market Rental Rate submitted within such fifteen ten (1510) business day period by the other party. 843078.08/SD374622-00033/8-4-16/MLT/dek RIDER-1- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.].

Determination of Option Rent. If In the event Tenant timely and appropriately objects objects, in its Exercise Notice to Landlord accordance with Section 21(c) above, to the Fair Market Rental Rate for Option Rent contained in the Option Term initially described in Landlord's Option Rent Notice, then Landlord and Tenant shall attempt in good faith to agree upon the Fair Market Rental RateRent, using their best good-faith efforts. If Landlord and Tenant fail to reach agreement upon Fair Market Rent within thirty fifteen (3015) business days following Tenant's delivery of such Exercise Notice objection to the Option Rent (the "Outside Agreement Date"), then each party shall submit to the other party a separate written determination of the Fair Market Rental Rate Rent within fifteen (15) business days after the applicable Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with the provisions of Sections 4.1 21(d)(i) through 4.7 21(d)(vii) below. The failure Failure of Tenant or Landlord to submit a written determination of the Fair Market Rental Rate Rent within such fifteen (15) business day period shall conclusively be deemed to be such the non-determining party's approval of the Fair Market Rental Rate Rent submitted within such fifteen (15) business day period by the other party. 843078.08/SD374622-00033/8-4-16/MLT/dek RIDER-1- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.].

Determination of Option Rent. If Provided that Tenant timely and appropriately objects in its Exercise Notice to Landlord Landlord, to the Fair Market Rental Rate for the Option Term initially described determined by Landlord in Landlord's the Option Rent Notice, then Landlord and Tenant shall attempt in good faith to agree upon the Fair Market Rental Rate. If Landlord and Tenant fail to reach agreement within thirty twenty (3020) days following Tenant's delivery of such Exercise Notice (the "Outside Agreement Date"), then each party shall submit to the other party a separate written determination of the Fair Market Rental Rate within fifteen ten (1510) business days after the Outside Agreement Date, and such determinations shall be submitted to arbitration in accordance with the provisions of Sections 4.1 through 4.7 4.8 below. The failure of Tenant or Landlord to submit a written determination of the Fair Market Rental Rate within such fifteen ten (1510) business day period shall conclusively be deemed to be such party's approval of the Fair Market Rental Rate submitted within such fifteen ten (1510) business day period by the other party. 843078.08/SD374622-00033/8-4-16/MLT/dek RIDER-1- GENESIS SSF - ONE TOWER PLACE[Achaogen, Inc.]EXTENSION OPTION RIDER 1