Exercise of Extension Option. The Extension Option(s) shall be exercised by Tenant, if at all, only in the following manner. Tenant shall deliver written notice (the "Exercise Notice") to Landlord not more than eighteen (18) months nor less than fifteen (15) months prior to the then-scheduled expiration of the Lease Term, stating that Tenant is irrevocably exercising the applicable Extension Option. Concurrently with such Exercise Notice, Tenant shall deliver to Landlord Tenant's calculation of the Option Rent (the "Tenant's Option Rent Calculation"), failing which Tenant's Exercise Notice shall be null and void. Landlord shall deliver notice ("Landlord Response Notice") to Tenant on or before the date which is thirty (30) days after Landlord's receipt of a valid Exercise Notice, stating that Landlord is (i) accepting Tenant's Option Rent Calculation, or (ii) rejecting Tenant's Option Rent Calculation and setting forth Landlord's calculation of the Option Rent (the "Landlord's Option Rent Calculation"). Within ten (10) business days of its receipt of the Landlord Response Notice, Tenant may, at its option, accept or reject the Option Rent contained in the Landlord's Option Rent Calculation. If Tenant does not affirmatively reject the Option Rent specified in the Landlord's Option Rent Calculation in writing within such ten (10) business day period, Tenant shall be deemed to have accepted Landlord's Option Rent Calculation as the Option Rent for the Option Term. However, if Tenant affirmatively rejects Landlord's Option Rent Calculation in writing within such time period, then the Option Rent shall be determined in accordance with the procedures and terms set forth in Section 4 below.
Appears in 1 contract
Sources: Office Lease (DermTech, Inc.)
Exercise of Extension Option. The Extension Option(s) option provided under this Section 3.9 shall be exercised by Tenant, if at all, only in the following manner. : (i) Tenant shall deliver written notice (the "“Exercise Notice"”) to Landlord not more no earlier than eighteen the first day of the twelfth (1812) months nor less than fifteen (15) months prior to full calendar month before the then-scheduled expiration of the Lease Term and no later than the last day of the ninth (9th) full calendar month before the expiration of the Term, stating that Tenant is irrevocably exercising the applicable Extension Option. Concurrently with such Exercise Noticeoption; (ii) Landlord, Tenant shall deliver to Landlord after receipt of Tenant's calculation of the Option Rent (the "Tenant's Option Rent Calculation")’s notice, failing which Tenant's Exercise Notice shall be null and void. Landlord shall deliver notice ("Landlord Response the “Option Rent Notice"”) to Tenant on or before the date which is no later than thirty (30) days after Landlord's receipt of a valid the Exercise Notice, stating that Landlord is (i) accepting Tenant's Option Rent Calculation, or (ii) rejecting Tenant's Option Rent Calculation and setting forth its determination of Fair Market Rental Rate. In the event Tenant objects to the Fair Market Rental Rate submitted by Landlord's calculation of the Option Rent (the "Landlord's Option Rent Calculation"). Within , Tenant shall do so in writing within ten (10) business days of its receipt and, with such objection, set forth Tenant's determination of the Landlord Response Notice, Tenant may, at its option, accept or reject Fair Market Rental Rate for the Option Rent contained in the Landlord's Option Rent CalculationPremises. If Tenant does not affirmatively reject the Option Rent specified object in the Landlord's Option Rent Calculation in writing within such ten (10) business day periodtime and manner, Tenant shall be deemed to have accepted Landlord's Option Rent Calculation as determination. If Tenant has properly objected to Landlord's determination, then Landlord and Tenant shall attempt to agree upon such Fair Market Rental Rate. If Landlord and Tenant fail to reach agreement on such Fair Market Rental Rate on or before thirty (30) days after Landlord's delivery of the Option Rent for the Option Term. However, if Tenant affirmatively rejects Landlord's Option Rent Calculation in writing within such time periodNotice, then the Option Rent each party’s determination shall be determined submitted to arbitration in accordance with clause (d) below. Tenant’s failure to deliver the procedures and terms set forth in Section 4 belowExercise Notice on or before the applicable delivery date specified hereinabove shall be deemed to constitute Tenant’s waiver of its extension rights hereunder.
Appears in 1 contract
Exercise of Extension Option. The Extension Option(s) Option shall be exercised by Tenant, if at all, only in the following manner. : (i) Tenant shall deliver written notice (the "Exercise “Interest Notice"”) to Landlord not more than eighteen fifteen (1815) months nor less than fifteen twelve (1512) months prior to the then-scheduled expiration of the initial Lease Term, Term stating that Tenant is irrevocably may be interested in exercising the applicable Extension Option. Concurrently with such Exercise ; (ii) Landlord, after receipt of Tenant’s Interest Notice, Tenant shall deliver to Landlord Tenant's calculation of the Option Rent (the "Tenant's Option Rent Calculation"), failing which Tenant's Exercise Notice shall be null and void. Landlord shall deliver notice ("Landlord Response the “Option Rent Notice"”) to Tenant not less than eleven (11) months prior to the expiration of the initial Lease Term setting forth the Option Rent; and (iii) if Tenant wishes to exercise the Extension Option, Tenant shall, on or before the date (the “Exercise Date”) which is thirty (30) days after Landlord's receipt of a valid Exercise Notice, stating that Landlord is (i) accepting Tenant's Option Rent Calculation, or (ii) rejecting Tenant's Option Rent Calculation and setting forth Landlord's calculation of the Option Rent (the "Landlord's Option Rent Calculation"). Within ten (10) business days of its receipt months prior to the expiration of the initial Lease Term, exercise the Extension Option by delivering written notice (the “Exercise Notice”) thereof to Landlord. If Landlord Response determines in the Option Rent Notice that the Option Rent for the Option Term shall equal the Fair Market Rental Rate pursuant to Section 2(ii) above, then concurrently with Tenant’s delivery of the Exercise Notice, Tenant may, at its option, accept or reject in a written notice delivered to Landlord (the “Objection Notice”), object to Landlord’s determination of the Fair Market Rental Rate for the Option Term set forth in the Option Rent contained Notice, in the Landlord's Option Rent Calculationwhich event such Fair Market Rental Rate shall be determined pursuant to Section 4 below. If Tenant does not affirmatively reject timely delivers the Option Rent specified in Exercise Notice but fails to timely deliver the Objection Notice to Landlord's Option Rent Calculation in writing within such ten (10) business day period, Tenant shall be deemed to have accepted Landlord's ’s determination thereof and the following provisions of Section 4 shall not apply. Tenant’s failure to deliver the Interest Notice or Exercise Notice on or before the applicable delivery dates therefor specified hereinabove, shall be deemed to constitute Tenant’s waiver of the Extension Option. If Landlord determines in the Option Rent Calculation as Notice that the Option Rent for the Option Term. HoweverTerm shall equal the Floor Rent pursuant to Section 2(i) above, if Tenant affirmatively rejects Landlord's Option Rent Calculation in writing within such time period, then the Option Rent determination shall be determined in accordance with final and conclusive, and the procedures and terms set forth in following provisions of Section 4 belowbelow shall not apply.
Appears in 1 contract
Sources: Lease (Polycom Inc)
Exercise of Extension Option. The Extension Option(s) Option shall be exercised by Tenant, if at all, only in the following manner. : (i) Tenant shall deliver written notice (the "Exercise Notice") to Landlord not more than eighteen (18) months nor less than fifteen (15) months prior to the then-scheduled expiration of the Lease Term, stating that Tenant is irrevocably may be interested in exercising the applicable Extension Option. Concurrently with such Exercise Option ("Tenant's Interest Notice"); (ii) Landlord, Tenant after receipt of Tenant's Interest Notice shall deliver notice (the "Option Rent Notice") to Landlord TenantTenant not less than fourteen (14) months prior to the expiration of the then scheduled EXHIBIT F -3- [Reddit, Inc.]303 SECOND STREETSouth Tower expiration of the Lease Term setting forth Landlord's calculation good faith determination of the Option Rent (the "Tenant's Option Rent Calculation"), failing which Tenant's Exercise Notice shall be null and void. Landlord shall deliver notice ("Landlord Response Notice") to Tenant on or before the date which is thirty (30) days after Landlord's receipt of a valid Exercise Notice, stating that Landlord is (i) accepting Tenant's Option Rent Calculation, or (ii) rejecting Tenant's Option Rent Calculation and setting forth Landlord's calculation of the Option Rent (the "Landlord's Option Rent Calculation"). Within ten ; and (10iii) business days of its receipt if Tenant wishes to exercise the Extension Option, whether or not Tenant has delivered the Tenant’s Interest Notice, Tenant shall, on or before the date occurring thirteen (13) months prior to the expiration of the initial Lease Term exercise the option by delivering written notice thereof to Landlord Response (the "Option Exercise Notice"). Upon, and concurrent with, such exercise, Tenant may, at its option, accept or reject object to the Option Rent contained in the Landlord's Option Rent CalculationNotice, in which case the parties shall follow the procedure, and the Option Rent shall be determined, as set forth in Section 2.2.4 below. If Tenant does not affirmatively reject timely deliver the Option Rent specified in Tenant's Interest Notice, the Landlord's Option Rent Calculation in writing within such ten (10) business day periodparties shall follow the procedure, Tenant shall be deemed to have accepted Landlord's Option Rent Calculation as the Option Rent for the Option Term. However, if Tenant affirmatively rejects Landlord's Option Rent Calculation in writing within such time period, then and the Option Rent shall be determined in accordance with the procedures and terms determined, as set forth in Section 4 4, below.
Appears in 1 contract
Sources: Office Lease (Reddit, Inc.)
Exercise of Extension Option. The Extension Option(s) option provided under this Section 3.9 shall be exercised by Tenant, if at all, only in the following manner. : (i) Tenant shall deliver written notice (the "Exercise Notice") to Landlord not more no earlier than eighteen twelve (1812) months nor less than fifteen (15) months prior to before the then-scheduled expiration of the Lease Term and no later than nine (9) months before the expiration of the Term, stating that Tenant is irrevocably exercising the applicable Extension Option. Concurrently with such Exercise Noticeoption; (ii) Landlord, Tenant shall deliver to Landlord after receipt of Tenant's calculation of the Option Rent (the "Tenant's Option Rent Calculation")notice, failing which Tenant's Exercise Notice shall be null and void. Landlord shall deliver notice (the "Landlord Response Option Rent Notice") to Tenant on or no later than seven (7) months before the date which is thirty (30) days after Landlord's receipt expiration of a valid Exercise Noticethe Term, stating that Landlord is (i) accepting Tenant's Option Rent Calculation, or (ii) rejecting Tenant's Option Rent Calculation and setting forth its determination of Fair Market Rental Rate. In the event Tenant objects to the Fair Market Rental Rate submitted by Landlord's calculation of the Option Rent (the "Landlord's Option Rent Calculation"). Within , Tenant shall do so in writing within ten (10) business days of its receipt Business Days and, with such objection, set forth Tenant's determination of the Landlord Response Notice, Tenant may, at its option, accept or reject Fair Market Rental Rate for the Option Rent contained in the Landlord's Option Rent CalculationPremises. If Tenant does not affirmatively reject the Option Rent specified object in the Landlord's Option Rent Calculation in writing within such ten (10) business day periodtime and manner, Tenant shall be deemed to have accepted Landlord's Option Rent Calculation as the Option Rent for the Option Termdetermination. However, if If Tenant affirmatively rejects has properly objected to Landlord's Option Rent Calculation in writing within such time perioddetermination, then Landlord and Tenant shall attempt in good faith to agree upon such Fair Market Rental Rate. If Landlord and Tenant fail to reach agreement on such Fair Market Rental Rate on or before the Option Rent last day of the sixth (6th) full calendar month prior to the expiration of the Term, then each party's determination shall be determined submitted to arbitration in accordance with clause (d) below. Tenant's failure to deliver the procedures and terms set forth in Section 4 belowExercise Notice on or before the applicable delivery date specified hereinabove shall be deemed to constitute Tenant's waiver of its extension rights hereunder.
Appears in 1 contract
Sources: Office Lease (8x8 Inc /De/)