Common use of Exercise of Options Clause in Contracts

Exercise of Options. 3.3.1 The first Renewal Option shall be exercised by Tenant, if at all, only in the following manner: (i) Tenant may deliver written notice ("INTEREST NOTICE") to Landlord not less than eight (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (7) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of the Fair Market Value of the Premises, and (iii) if Tenant wishes to exercise the first Renewal Option, Tenant shall, on or before the date occurring six (6) months prior to the expiration of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, and the Fair Market Value shall be determined, as set forth in Sections 4.3.1 and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option (a) An optionee receiving options by virtue of his position as a director must remain continuously a member of the Board of Directors of the Corporation, the Board of Directors of the Bank or the Board of Directors of one or more of the Subsidiaries from the date of the grant until the exercise of the option except as provided in Sections 11, 12 and 13 of this Plan. An optionee receiving options by virtue of his position as an employee must at all times be employed by the Corporation, the Bank or a Subsidiary from the date of grant until the exercise of the options granted except as provided in Sections 11, 12 and 13. All options granted under the Plan shall be exercised by Tenant, if at all, only exercisable in annual installments in accordance with the following mannerschedule: Twenty percent (i20%) Tenant of the shares beginning 1 year after the date of the grant of the options; Twenty percent (20%) of the shares beginning 2 years after the date of the grant of the options; Twenty percent (20%) of the shares beginning 3 years after the date of the grant of the options; Twenty percent (20%) of the shares beginning 4 years after the date of the grant of the options; and Twenty percent (20%) of the shares beginning 5 years after the date of the grant of the options. Notwithstanding the foregoing, options shall become exercisable with respect to all of the shares subject thereto upon the optionee's death or upon the optionee's disability within the meaning of Section 22(e)(3) of the Internal Revenue Code of 1986, as amended. The right to exercise options in annual installments shall be cumulative and any vested installments may deliver be exercised, in whole or in part, at the election of the optionee. The exercise of any option must be evidenced by written notice ("INTEREST NOTICE") to Landlord not less than eight (8) months the Corporation that the optionee intends to exercise his option. In no event shall an option be deemed granted by the Corporation or exercisable by a recipient prior to the expiration of mutual execution by the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (7) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of the Fair Market Value of the Premises, and (iii) if Tenant wishes to exercise the first Renewal Option, Tenant shall, on or before the date occurring six (6) months prior to the expiration of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, Corporation and the Fair Market Value shall be determined, as set forth in Sections 4.3.1 and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds recipient of an Option Agreement which comports with the Fair Market Value Notice requirements of Section 6 and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value NoticeSection 9(c).

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 2.2 shall be exercised by Tenant, if at all, and only in the following manner: (i) Tenant may shall deliver written notice (the "INTEREST NOTICEInterest Notice") to Landlord not more than twenty-one (21) months nor less than eight fifteen (8) 15) months prior to the expiration of the initial then Lease Term Term, stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given)Tenant's notice, shall deliver notice (the "FAIR MARKET VALUE NOTICEOption Rent Notice") to Tenant on or before seven not less than fourteen (714) months prior to the expiration of the initial then Lease Term, which Fair Market Value Notice shall set setting forth Landlord's opinion of the Fair Market Value of the Premises, Option Rent; and (iii) if Tenant wishes to exercise the first Renewal Optionsuch option, Tenant shall, on or before the date occurring six twelve (612) months prior to the expiration of the initial then Lease Term, exercise the option by delivering written notice (the "Option Exercise Notice") thereof to Landlord, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice, in which case the parties shall follow the procedure, and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 2.2.4 below. If Notwithstanding the foregoing, in the event that Tenant fails shall fail to provide deliver the Interest Notice pursuant to (i) aboveNotice, Tenant shall not lose its rights pursuant nonetheless have the right to (iii) above and Landlord shall not have to provide deliver the Fair Market Value Option Exercise Notice pursuant to (ii) within the time period set forth above, in which case the parties shall follow the procedure, and instead the Fair Market Value Option Rent shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) abovedetermined, the Fair Market Value shall be as set forth in Landlord's Fair Market Value NoticeSection 2.2.4, below.

Exercise of Options. 3.3.1 The first Renewal Option Options shall be exercised by Tenant, if at all, Tenant ------------------- only in the following manner: (i) Tenant may shall not be in default on the delivery date of the Interest Notice and Tenant's Acceptance; (ii) Tenant shall deliver written notice ("INTEREST NOTICE") to Landlord not more than ten (10) months nor less than eight (8) months prior to the expiration of the initial Lease Term (or first Option Term, as applicable), stating that Tenant is interested in exercising its option; the Option, (iiiii) within fifteen (15) business days of Landlord, after 's receipt of the Interest Notice (if such notice is given)Tenant's written notice, Landlord shall deliver notice (the "FAIR MARKET VALUE OPTION RENT NOTICE") to Tenant on or before seven (7) months prior to setting forth the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of the Fair Market Value of the Premises, Option Rent; and (iiiiv) if Tenant wishes desires to exercise the first Renewal such Option, Tenant shall, on or before the date occurring six shall provide Landlord written notice within five (65) months prior to the expiration business days after receipt of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, Option Rent Notice ("TENANT'S ACCEPTANCE") and upon, and concurrent with, with such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlordthe Option Rent Notice. Tenant's Fair Market Value failure to deliver the Interest Notice or Tenant's Acceptance on or before the dates specified above shall be deemed to constitute Tenant's election not to exercise the Option. If Tenant timely and properly exercises its Option, the Lease Term (or first Option Term, as applicable) shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant, concurrently with Tenant's Acceptance, objects to the Option Rent contained in the Option Rent Notice, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 2.2.4 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 2.2 shall be exercised by Tenant, if at all, and only in the following manner: (i) Tenant may shall deliver written notice ("INTEREST NOTICE"the “Option Interest Notice”) to Landlord not more than eighteen (18) months nor less than eight fourteen (8) 14) months prior to the expiration of the initial then-current Lease Term Term, stating that Tenant is interested in exercising its option; (ii) following Landlord, after ’s receipt of the Option Interest Notice Notice, Landlord shall, no later than thirteen (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (713) months prior to the expiration of the initial then-current Lease Term, which Fair Market Value Notice shall set deliver notice (the “Option Rent Notice”) to Tenant setting forth Landlord's opinion of the Fair Market Value of the Premises, Option Rent; and (iii) if Tenant wishes to exercise the first Renewal Optionsuch option, whether or not Tenant has delivered an Option Interest Notice, Tenant shall, on or before the date occurring six shall no later than twelve (612) months prior to the expiration of the initial then-current Lease Term, exercise the option by delivering deliver written notice thereof to LandlordLandlord (“Option Exercise Notice”), and upon, and concurrent with, such exercise, Tenant may, at its option, object to accept or reject the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, and the Fair Market Value shall be determined, as Option Rent set forth in Sections 4.3.1 and 4.3.2 belowthe Option Rent Notice. If Tenant exercises its option to extend the Lease but fails to provide accept or reject the Interest Option Rent set forth in the Option Rent Notice, then Tenant shall be deemed to have rejected the Option Rent set forth in the Option Rent Notice. If Tenant delivers the Option Exercise Notice pursuant to on a timely basis as required by subsection (iiii) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide without prior delivery of the Fair Market Value Notice pursuant to (ii) aboveOption Interest Notice, and instead then the Fair Market Value Option Rent shall be determined pursuant to Sections 4.3.1 and 4.3.2 in accordance with Section 2.2.4 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 2.2 shall be exercised by Tenant, if at all, only in the following manner: (i) Tenant may shall deliver written notice ("INTEREST NOTICE") to Landlord not less than eight twelve (8) 12) months prior to the expiration of the initial Lease Term or first Option Term (as applicable), stating that Tenant is may be interested in exercising its option; , (ii) Landlord, after receipt of the Interest Notice (if such notice is given)Tenant's notice, shall deliver notice (the "FAIR MARKET VALUE OPTION RENT NOTICE") to Tenant on not later than the later of (A) thirty (30) days after Landlord's receipt of such notice from Tenant, or before seven (7B) eleven (11) months prior to the expiration of the initial Lease TermTerm or first Option Term (as applicable), which Fair Market Value Option Rent Notice shall set forth Landlord's opinion initial determination of the Fair Market Value of "Option Rent," as that term is defined in Section 2.2.2 above, which shall be applicable to this Lease during the Premises, Option Term; and (iii) if Tenant wishes to exercise the first Renewal Optionsuch option, Tenant shall, on or before the date occurring six which is nine (69) months prior to the expiration of the initial Lease TermTerm or first Option Term (as applicable), exercise the option by delivering written notice ("EXERCISE NOTICE") thereof to Landlord, and upon, and concurrent with, such exercise, Tenant may, at its option, object in writing to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice, in which case the parties shall follow the procedure, and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.Section 2.2.4

Exercise of Options. 3.3.1 The first Renewal Option Subject to the terms of this Section 2.2.1.1, each option shall be exercised by Tenant, if at all, only Tenant in the following manner: (i) Tenant may shall deliver written notice ("INTEREST NOTICE") to Landlord (the “Option Interest Notice”) not less than eight three hundred thirty (8) months 330) days prior to the expiration of the initial Lease Term or the First Option Term, as the case may be (the “Option Interest Notice Outside Date”), stating that (A) Tenant is interested in exercising its optionoption and (B) the number of rentable square feet of the Premises, subject to the limitations set forth in Section 2.2.1, above, which Tenant desires to lease during such Option Term; (ii) LandlordLandlord shall, after receipt of the Option Interest Notice (if such notice is given)Notice, shall deliver notice (the "FAIR MARKET VALUE NOTICE"“Option Rent Notice”) to Tenant on or before seven not less than three hundred (7300) months days prior to the expiration of the initial Lease Term or the First Option Term, as the case may be (the “Option Rent Notice Outside Date”), setting forth the proposed “First Option Rent” or the proposed “Second Option Rent,” as those terms are defined in Section 2.2.1.2 below, as the case may be, which Fair Market Value Notice shall set forth Landlord's opinion of be applicable to this Lease during the Fair Market Value of the Premisesapplicable Option Term, and (iii) (A) Tenant may, at its option, on or before the date occurring two hundred seventy (270) days prior to the expiration of the initial Lease Term or the First Option Term, as the case may be (the “Arbitration Notice Outside Date”), deliver a notice to Landlord (the “Fair Market Rent Arbitration Notice”), pursuant to which Fair Market Rent Arbitration Notice, Tenant may object to the proposed Option Rent or request the determination of Option Rent, if no Option Rent Notice was given because Tenant did not give the Option Notice, in either of which cases the parties shall follow the procedure, and the applicable Option Rent shall be determined, as set forth in Section 2.2.2 of this Lease, or (B) to the extent the terms of Section 2.2.2, below, are inapplicable (since Tenant did not deliver the Fair Market Rent Arbitration Notice), if Tenant wishes to exercise its extension option on the first Renewal Optionterms set forth in the Option Rent Notice, Tenant shall, on or before the date occurring six two hundred seventy (6270) months days prior to the expiration of the initial Lease Term or the First Option Term, as the case may be (the “Exercise Notice Outside Date”), exercise the option by delivering written notice thereof to LandlordLandlord (the “Option Exercise Notice”). Notwithstanding the foregoing terms of this Section 2.2.1.1, and uponif the Renewal Space Tenant desires to lease during either Option Term consists of less than two (2) full floors, and concurrent withthen for purposes of Tenant exercising its options to extend the applicable Option Term, such exercise, Tenant may, at its option, object the outside dates set forth above shall refer to the Fair Market Value contained in Landlord's Fair Market Value Noticefollowing outside dates: (a) the Option Interest Notice Outside Date shall instead mean not less than four hundred twenty-five (425) days prior to the expiration of the initial Lease Term or the First Option Term, in which as the case may be; (b) the parties Option Rent Notice Outside Date shall follow mean not less than three hundred ninety-five (395) prior to the procedureexpiration of the initial Lease Term or the First Option Term as the case may be; and (c) the Arbitration Notice Outside Date or the Exercise Notice Outside Date shall mean three hundred sixty-five (365) prior to the expiration of the initial Lease Term or the First Option Term, and as the Fair Market Value shall be determinedcase may be. In the event Tenant fails to exercise its right to extend the Lease Term for the First Option Term or Second Option Term within the applicable time periods specified above, Tenant’s option rights as set forth in Sections 4.3.1 this Section 2.2.1.1 shall be terminated, and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its have no further rights pursuant to (iii) above and Landlord shall not have the terms of this Lease to provide extend the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value NoticeLease Term.

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 3.4 shall be exercised by Tenant, if at all, only in the following manner: (i) manner set forth in this Section 3.4.3. Tenant may deliver written notice ("INTEREST NOTICE") to Landlord not less than eight (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE"“Exercise Notice”) to Tenant on or before seven Landlord not more than fifteen (715) months nor less than twelve (12) months prior to the expiration of the initial then existing Lease Term, which Fair Market Value stating that Tenant is thereby exercising its option. The Exercise Notice shall set forth Landlord's opinion specify whether Tenant is exercising such option as to all of the Fair Market Value 6340 Building, all of the Premises, and 6310 Building and/or all of the 6290 Building. Within thirty (iii30) if Tenant wishes to exercise the first Renewal Optiondays following its delivery of such Exercise Notice, Tenant shall, shall deliver to Landlord Tenant’s calculation of the Market Rent or indicate that the Escalated Rent is less than the Market Rent (the “Tenant’s Option Rent Calculation”). Landlord shall deliver notice (the “Landlord Response Notice”) to Tenant on or before the date occurring six which is thirty (630) months prior to days after Landlord’s receipt of Tenant’s Option Rent Calculation (the expiration “Landlord Response Date”), stating that (A) Landlord is accepting Tenant’s Option Rent Calculation, or (B) if Tenant’s Option Rent Calculation indicates that Tenant believes that the Market Rent is less than the Escalated Rent, rejecting Tenant’s Option Rent Calculation and setting forth Landlord’s calculation of the initial Lease TermMarket Rent (the “Landlord’s Option Rent Calculation”). Within fifteen (15) business days of its receipt of the Landlord SEQUENCE TECHNOLOGY CENTER [Expansion and Extension Amendment] [DexCom, exercise the option by delivering written notice thereof to Landlord, and upon, and concurrent with, such exerciseInc.] Response Notice, Tenant may, at its option, object to the Fair Market Value contained in accept Landlord's Fair Market Value Notice’s Option Rent Calculation. If Tenant does not affirmatively accept or Tenant rejects Landlord’s Option Rent Calculation, in which case the parties shall follow the procedure, and the Fair Market Value Rent shall be determined, determined as set forth in Sections 4.3.1 Section 3.4.4. By way of clarification, if Tenant’s Option Rent Calculation indicates that the Escalated Rent is less than the Market Rent or if the parties otherwise agree that the Escalated Rent is less than the Market Rent, then the Escalated Rent shall apply and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value there shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides no need for determination of the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value NoticeRent.

Exercise of Options. 3.3.1 The first Renewal Option Options shall be exercised by Tenant, if at all, Tenant only in the following manner: (i) Tenant may shall not be in uncured, material default on the delivery date of the Interest Notice and Tenant’s Acceptance; (ii) Tenant shall deliver written notice ("INTEREST NOTICE"“Interest Notice”) to Landlord not more than nine (9) months nor less than eight (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (7) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of the Fair Market Value of the Premises, and (iii) if Tenant wishes to exercise the first Renewal Option, Tenant shall, on or before the date occurring six (6) months prior to the expiration of the initial Lease Term (or the first Option Term, as applicable), stating that Tenant is interested in exercising the Option, (iii) within thirty (30) days of Landlord’s receipt of Tenant’s written notice, Landlord shall deliver notice (“Option Rent Notice”) to Tenant setting forth the Option Rent; and (iv) if Tenant desires to exercise the option by delivering such Option, Tenant shall provide Landlord written notice thereof to Landlord, within five (5) business days after receipt of the Option Rent Notice (“Tenant’s Acceptance”) and upon, and concurrent with, with such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice, in which case . Tenant’s failure to deliver the parties shall follow Interest Notice or Tenant’s Acceptance on or before the procedure, and the Fair Market Value dates specified above shall be determineddeemed to constitute Tenant’s election not to exercise the Option. If Tenant timely and properly exercises its Option, the Lease Term (or the first Option Term, as applicable) shall be extended for the Option Term upon all of the terms and conditions set forth in Sections 4.3.1 and 4.3.2 below. If Tenant fails to provide this Lease, except that the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide Rent for the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal applicable Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value Term shall be as set forth indicated hi the Option Rent Notice (or as specified in Landlord's Fair subsection “iv” below if Tenant timely and appropriately objects to the Market Value NoticeRent in Tenant’s Acceptance).

Exercise of Options. 3.3.1 The first Renewal Option option contained in this Section 2.2 shall be exercised by Tenant, if at all, and only in the following manner: (i) Tenant may shall deliver written notice to Landlord (the "INTEREST NOTICEInterest Notice") to Landlord not more than fifteen (15) months nor less than eight twelve (8) 12) months prior to the expiration of the initial Lease Term Term, stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given)Tenant's notice, shall deliver notice (the "FAIR MARKET VALUE NOTICEOption Rent Notice") to Tenant on or before seven not less than thirty (730) months prior to the expiration days after receipt of the initial Lease TermInterest Notice, which Fair Market Value Notice shall set setting forth Landlord's opinion of the Fair Market Value of the Premises, Option Rent; and (iii) if Tenant wishes to exercise the first Renewal Optionsuch option, Tenant shall, on or before the date occurring six thirty (630) months prior to the expiration days after Xxxxxx's receipt of the initial Lease TermOption Rent Notice, exercise the option by delivering written notice thereof to LandlordLandlord (the "Exercise Notice"). If Tenant timely delivers the Exercise Notice, the Lease Term shall be extended for the Option Term, and uponthe Option Rent shall be as set forth in the Option Rent Notice. If Tenant fails to timely deliver the Exercise Notice, then Tenant shall have no further right to extend the Lease Term, and the Lease will expire at the end of the initial Lease Term. Upon and concurrent with, such exercisewith Xxxxxx's delivery of the Exercise Notice, Tenant may, at its option, option object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice, in which case the parties shall follow the procedure, and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 2.2.4 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.2.2.4

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 2.2 shall be exercised by Tenant, if at all, and only in the following manner: (i) Tenant may shall deliver written notice (the "INTEREST NOTICE") to Landlord not more than eighteen (18) months nor less than eight twelve (8) 12) months prior to the expiration of the initial then Lease Term Term, stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given)Tenant's notice, shall deliver notice (the "FAIR MARKET VALUE OPTION RENT NOTICE") to Tenant on or before seven not less than eleven (711) months prior to the expiration of the initial then Lease Term, which Fair Market Value Notice shall set setting forth Landlord's opinion of the Fair Market Value of the Premises, Option Rent; and (iii) if Tenant wishes to exercise the first Renewal Optionsuch option, Tenant shall, on or before the date occurring six nine (69) months prior to the expiration of the initial then Lease Term, exercise the option by delivering written notice (the "OPTION EXERCISE NOTICE") thereof to Landlord, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice, in which case the parties shall follow the procedure, and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 2.2.4 below. If Notwithstanding the foregoing, in the event that Tenant fails shall fail to provide deliver the Interest Notice pursuant to (i) aboveNotice, Tenant shall not lose its rights pursuant nonetheless have the right to (iii) above and Landlord shall not have to provide deliver the Fair Market Value Option Exercise Notice pursuant to (ii) within the time period set forth above, in which case the parties shall follow the procedure, and instead the Fair Market Value Option Rent shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) abovedetermined, the Fair Market Value shall be as set forth in Landlord's Fair Market Value NoticeSection 2.2.4, below.

Exercise of Options. 3.3.1 The first Renewal Lessee shall exercise the Option shall be exercised by Tenantdelivering to Lessor, if at all, only in the following manner: manner set forth in Section 37 of this Lease, notice of its exercise of the Option (i) Tenant may deliver written notice (the "INTEREST NOTICEOffer Notice") to Landlord not less earlier than eight eighteen (8) months 18) months, nor later than the date (the "Offer Notice Deadline") which is one (1) year, prior to the expiration of the initial Lease Initial Term stating or the then-current Extension Term, as the case may be; provided, however, that Tenant if Lessor shall not have received an Offer Notice by the date which is interested in exercising its option; thirteen (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (713) months prior to the expiration of the initial Lease Initial Term or the then-current Extension Term, which Fair Market Value Lessor shall provide Lessee with a written reminder of the deadline for Lessee's exercise of the Option (the "Reminder Notice"), and if Lessee does not receive the Reminder Notice shall at least ten (10) days before the Offer Notice Deadline set forth Landlordabove, then the Offer Notice Deadline shall be extended to ten (10) days after Lessee's opinion receipt of the Fair Market Value Reminder Notice. Upon delivery of the PremisesOffer Notice, Lessee shall be obligated to purchase, and Lessor shall be obligated to sell, all of Lessor's right, title and interest in the Premises in accordance with the terms and conditions set forth herein. If (iiii) if Tenant wishes to Lessee does not exercise the first Renewal Option, Tenant shall, Option on or before the date occurring six (6) months prior to the expiration of the initial Lease Term, exercise the option by delivering written notice thereof to LandlordOffer Notice Deadline, and upon, and concurrent with, such exercise, Tenant may, at its option, object to the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, and the Fair Market Value shall be determined, as set forth in Sections 4.3.1 and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) aboveLessee also has not exercised its then-current Extension Option, or Lessee has no remaining Extension Options under this Lease, then Lessee's option rights under this Section 41 shall cease and instead terminate and Lessor's option rights to purchase the Fair Market Value shall be determined Property pursuant to Sections 4.3.1 Section 41 of the Ground Sublease shall immediately and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Noticeautomatically vest.

Exercise of Options. 3.3.1 The first Renewal Option shall be exercised by Tenant, if at all, Tenant only in the following manner: (i) an Event of Default shall not have occurred and be continuing, and an Event of Default shall not have occurred under this Lease more than once in the preceding two (2) years, on the delivery date of the Interest Notice and Tenant's Acceptance; (ii) Tenant may shall deliver written notice ("INTEREST NOTICEInterest Notice") to Landlord not more than twelve (12) months nor less than eight nine (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (79) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of stating that Tenant is interested in exercising the Fair Market Value of the PremisesOption, and (iii) within fifteen (15) business days of Landlord's receipt of Tenant's written notice, Landlord shall deliver notice ("Option Rent Notice") to Tenant setting forth the Option Rent; and (iv) if Tenant wishes desires to exercise the first Renewal such Option, Tenant shall, on or before the date occurring six shall provide Landlord written notice within five (65) months prior to the expiration business days after receipt of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, Option Rent Notice ("Tenant's Acceptance") and upon, and concurrent with, with such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlordthe Option Rent Notice. Tenant's Fair Market Value failure to deliver the Interest Notice or Tenant's Acceptance on or before the dates specified above shall be deemed to constitute Tenant's election not to exercise the Option. If Tenant timely and properly exercises its Option, the Lease Term shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant, concurrently with Tenant's Acceptance, objects to the Option Rent contained in the Option Rent Notice, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option Each option shall be exercised by Tenant, if at all, only Tenant in the following manner: (i) Tenant may shall deliver written notice ("INTEREST NOTICE") to Landlord (the “OPTION NOTICE”) not more than twenty-one (21) months and not less than eight eighteen (8) 18) months prior to the expiration of the initial Lease Term or the First Option Term, as the case may be, stating that Tenant is interested in exercising its option; , (ii) Landlord, after receipt of the Interest Notice (if such notice is given)Tenant’s notice, shall deliver notice (the "FAIR MARKET VALUE “OPTION RENT NOTICE"”) to Tenant on or before seven not more than eighteen (718) months and not less than sixteen (16) months prior to the expiration of the initial Lease Term or the First Option Term, as the case may be (the “OPTION NOTICE PERIOD”), setting forth the proposed First Option Rent or the proposed Second Option Rent, as the case may be, which Fair Market Value Notice shall set forth Landlord's opinion of be applicable to this Lease during the Fair Market Value of the Premises, applicable Option Term; and (iii) if Tenant wishes elects to exercise the first Renewal Optionoption, Tenant shall, then on or before the later of (A) sixty (60) days after delivery of the Option Rent Notice, and (B) the date occurring six which is fourteen (614) months prior to the expiration of the initial Lease Term or First Option Term, exercise as applicable, Tenant shall deliver notice to Landlord’s exercising the option by delivering written notice thereof to Landlordand, and upon, and concurrent with, with such exercise, Tenant may, at its option, may object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice, in which case the parties shall follow the procedure, and the Fair Market Value applicable Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 belowSECTION 2.2.2 of this Lease. If Notwithstanding the foregoing, if Tenant fails to provide deliver the Interest Option Notice pursuant to (i) aboveduring the Option Notice Period, Tenant shall not lose may nevertheless, on or before the date which is fourteen (14) months prior to the expiration of the initial Lease Term or First Option Term, as the case may be, deliver to Landlord notice that Tenant elects to exercise its rights pursuant option to (iii) above and Landlord shall not have to provide extend the Fair Market Value Notice pursuant to (ii) aboveLease Term, and instead in which case the Fair Market Value Option Rent shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.Section 2.2.2, below,

Exercise of Options. 3.3.1 The first Renewal Option shall be exercised by Tenant, if at all, Tenant only in the following manner: manner set forth herein. For the first Option Term and the Second Option Term, (i) Tenant may shall deliver written notice ("INTEREST NOTICE"“Option Notice”) to Landlord not less than eight twelve (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (712) months prior to the then- current expiration date of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of stating that Tenant is exercising the Fair Market Value of the PremisesOption, and (iiiii) Tenant shall not be in default (beyond all applicable notice and cure periods) on the delivery date of the Option Notice or Tenant’s Acceptance [defined below]. Additionally, with respect to the Second Option Term, the following provisions shall apply. Within fifteen (15) business days of Landlord’s receipt of the Option Notice for the second Option Term, Landlord shall deliver notice (“Option Rent Notice”) to Tenant setting forth the Option Rent for the second Option Term; and if Tenant wishes desires to maintain its exercise the first Renewal Optionof such Option in effect, Tenant shall, on or before the date occurring six shall provide Landlord written notice within ten (610) months prior to the expiration business days after receipt of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, Option Rent Notice (‘Tenant’s Acceptance”) and upon, and concurrent with, with such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice. Tenant’s failure to deliver the Option Notice (for either the first of second Option), or Tenant’s Acceptance (for the second Option) on or before the dates specified above shall be deemed to constitute Tenant’s election not to exercise such Option, and such Option shall be null and void and of no further force or effect. If Tenant timely and properly exercises the Option, the Lease Term shall be extended for the Option Term upon all of the terms and conditions set forth in which case this Lease, except that the Base Year and Basic Rental for the subject Option Term shall be as provided in Article 31(b) above; provided, however, if Tenant, concurrently with Tenant’s Acceptance, objects to the Option Rent contained in the Option Rent Notice for the second Option Term, the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth form in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option shall be exercised by Tenant, if at all, Tenant only in the following manner: (i) Tenant may shall not be in default, and shall not have been in default under this Lease more than once per year, on the delivery date of the Interest Notice and Tenant’s Acceptance; (ii) Tenant shall deliver written notice ("INTEREST NOTICE"“Interest Notice”) to Landlord not more than twelve (12) months nor less than eight nine (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (79) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of stating that Tenant is interested in exercising the Fair Market Value of the PremisesOption, and (iii) within fifteen (15) business days of Landlord’s receipt of Tenant’s written notice, Landlord shall deliver notice (“Option Rent Notice”) to Tenant setting forth the Option Rent; and (iv) if Tenant wishes desires to exercise the first Renewal such Option, Tenant shall, on or before the date occurring six shall provide Landlord written notice within five (65) months prior to the expiration business days after receipt of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, Option Rent Notice (“Tenant’s Acceptance”) and upon, and concurrent with, with such exercise, Tenant may, at its is option, object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice. Tenant’s failure to deliver the Interest Notice or Tenant’s Acceptance on or before the dates specified above shall be deemed to constitute Tenant’s election not to exercise the Option. If Tenant timely and properly exercises its Option, the Lease Term shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant, concurrently with Tenant’s Acceptance, objects to the Option Rent contained in the Option Rent Notice, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 3.4 shall be exercised by Tenant, if at all, only in the following manner: (i) manner set forth in this Section 3.4.3. Tenant may deliver written notice ("INTEREST NOTICE") to Landlord not less than eight (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICEExercise Notice") to Tenant on or before seven Landlord not more than fifteen (715) months nor less than twelve (12) months prior to the expiration of the initial then existing Lease Term, which Fair Market Value stating that Tenant is thereby exercising its option. The Exercise Notice shall set forth Landlord's opinion specify whether Tenant is exercising such option as to all of the Fair Market Value 6340 Building, all of the Premises, and 6310 Building and/or all of the 6290 Building. Within thirty (iii30) if Tenant wishes to exercise the first Renewal Optiondays following its delivery of such Exercise Notice, Tenant shall, shall deliver to Landlord Tenant's calculation of the Market Rent or indicate that the Escalated Rent is less than the Market Rent (the "Tenant's Option Rent Calculation"). Landlord shall deliver notice (the "Landlord Response Notice") to Tenant on or before the date occurring six which is thirty (630) months prior to days after Landlord's receipt of Tenant's Option Rent Calculation (the expiration "Landlord Response Date"), stating that (A) Landlord is accepting Tenant's Option Rent Calculation, or (B) if Tenant's Option Rent Calculation indicates that Tenant believes that the Market Rent is less than the Escalated Rent, rejecting Tenant's Option Rent Calculation and setting forth Landlord's calculation of the initial Lease Term, exercise Market Rent (the option by delivering written notice thereof to "Landlord, and upon, and concurrent with, such exercise's Option Rent Calculation"). Within fifteen (15) business days of its receipt of the Landlord Response Notice, Tenant may, at its option, object to the Fair Market Value contained in accept Landlord's Fair Market Value NoticeOption Rent Calculation. If Tenant does not affirmatively accept or Tenant rejects Landlord's Option Rent Calculation, in which case the parties shall follow the procedure, and the Fair Market Value Rent shall be determined, determined as set forth in Sections 4.3.1 Section 3.4.4. By way of clarification, if Tenant's Option Rent Calculation indicates that the Escalated Rent is less than the Market Rent or if the parties otherwise agree that the Escalated Rent is less than the Market Rent, then the Escalated Rent shall apply and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value there shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides no need for determination of the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value NoticeRent.

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 2.2 shall be exercised by Tenant, if at all, only in the following manner: (i) manner set forth in this Section 2.2.3. Tenant may deliver written notice ("INTEREST NOTICE") to Landlord not less than eight (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE"“Intent Notice”) to Tenant on or before seven Landlord not more than twelve (712) months nor less than nine (9) months prior to the expiration of the initial then Lease Term, which Fair Market Value Notice stating that Tenant intends to exercise its option. Concurrently with such Intent Notice, Tenant shall set forth Landlord's opinion deliver to Landlord Tenant’s calculation of the Fair Market Value of Rent (the Premises, and “Tenant’s Option Rent Calculation”). Landlord shall deliver notice (iiithe “Landlord Response Notice”) if to Tenant wishes to exercise the first Renewal Option, Tenant shall, on or before the date occurring six which is thirty (630) months prior to the expiration days after Landlord’s receipt of the initial Lease TermIntent Notice and Tenant’s Option Rent Calculation (the “Landlord Response Date”), exercise stating that (A) Landlord is accepting Tenant’s Option Rent Calculation as the option by delivering Market Rent, or (B) rejecting Tenant’s Option Rent Calculation and setting forth Landlord’s calculation of the Market Rent (the “Landlord’s Option Rent Calculation”). Within ten (10) business days of its receipt of the Landlord Response Notice, Tenant shall deliver written notice thereof to LandlordLandlord (the “Exercise Notice”), and upon, and concurrent with, such exercise, which shall set forth Tenant may, at election to either (i) rescind its option, object to the Fair Market Value contained in Landlord's Fair Market Value Intent Notice, in which case event the Lease Term shall expire as then-currently scheduled and the subject Option (and any remaining Option) shall terminate, (ii) accept the Market Rent contained in the Landlord’s Option Rent Calculation, or (iii) reject the Market Rent contained in the Landlord’s Option Rent Calculation, in which event the parties shall follow the procedure, and the Fair Market Value Rent shall be determined, determined as set forth in Sections 4.3.1 and 4.3.2 belowSection 2.2.4. If Tenant fails Tenant’s failure to provide timely deliver the Interest Exercise Notice shall be conclusively deemed to constitute Tenant’s election to proceed pursuant to (i) above, Tenant shall not lose its rights pursuant to alternative (iii) above and Landlord shall not have to provide from the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Noticeimmediately preceding sentence.

Exercise of Options. 3.3.1 The first Renewal Option Options shall be exercised by Tenant, if at all, Tenant only in ------------------- the following manner: (i) Tenant may shall not be in default after expiration of applicable cure periods on the delivery date of the Interest Notice and Tenant's Acceptance; (ii) Tenant shall deliver written notice ("INTEREST NOTICEInterest Notice") to Landlord not more than nine (9) months nor less than eight (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (7) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of the Fair Market Value of the Premises, and (iii) if Tenant wishes to exercise the first Renewal Option, Tenant shall, on or before the date occurring six (6) months prior to the expiration of the initial Lease TermTerm or first Option Term (as applicable), stating that Tenant is interested in exercising the Option, (iii) within fifteen (15) business days after Landlord's receipt of Tenant's written notice, Landlord shall deliver notice ("Option Rent Notice") to Tenant setting forth the Option Rent; and (iv) if Tenant desires to exercise such Option, Tenant shall provide Landlord Written notice within ten (10) business days after receipt of the option by delivering written notice thereof to Landlord, Option Rent Notice ("Tenant's Acceptance") and upon, and concurrent with, with such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlordthe Option Rent Notice. Tenant's Fair Market Value failure to deliver the Interest Notice or Tenant's Acceptance on or before the dates specified above shall be deemed to constitute Tenant's election not to exercise the Option. If Tenant timely and properly exercises its Option, the Lease Term shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant, concurrently with Tenant's Acceptance, objects to the Option Rent contained in the Option Rent Notice, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option options contained in this Section 2.2 shall be exercised by Tenant, if at all, and only in the following manner: (i) Tenant may shall deliver written notice (the "INTEREST NOTICEOption Exercise Notice") to Landlord not more than fifteen (15) months nor less than eight eleven (8) 11) months prior to the expiration of the initial then-current Lease Term Term, stating that Tenant is interested in exercising its option; (ii) Landlord shall, within thirty (30) days following Landlord, after 's receipt of the Interest Notice (if such notice is given)Option Exercise Notice, shall deliver notice (the "FAIR MARKET VALUE NOTICEOption Rent Notice") to Tenant on or before seven (7) months prior to setting forth the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of the Fair Market Value of the Premises, Option Rent; and (iii) if Tenant wishes to exercise the first Renewal Optionsuch option, whether or not Tenant has delivered an Option Exercise Notice, Tenant shall, on or before the date occurring six on the earlier of (6a) thirty (30) days after Tenant's receipt of the Option Rent Notice and (b) the date that is nine (9) months prior to the expiration of the initial then-current Lease Term, exercise the option by delivering deliver written notice thereof to LandlordLandlord ("Option Exercise Notice"), and upon, and concurrent with, such exercise, Tenant may, at its option, object to accept or reject the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, and the Fair Market Value shall be determined, as Option Rent set forth in Sections 4.3.1 and 4.3.2 belowthe Option Rent Notice. If Tenant exercises its option to extend the Lease but fails to provide accept or reject the Interest Option Rent set forth in the Option Rent Notice, then Tenant shall be deemed to have accepted the Option Rent set forth in the Option Rent Notice. If Tenant delivers the Option Exercise Notice pursuant to on a timely basis as required by subsection (iiii) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide without prior delivery of the Fair Market Value Notice pursuant to (ii) aboveOption Exercise Notice, and instead then the Fair Market Value Option Rent shall be determined pursuant to Sections 4.3.1 and 4.3.2 in accordance with Section 2.2.4 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option Options shall be exercised by Tenant, if at all, Tenant only in the following manner: (i) Tenant may shall not be in default, and shall not have been in default under this Lease more than once, on the delivery date of the Interest Notice and Tenant's Acceptance; (ii) Tenant shall deliver written notice ("INTEREST NOTICE") to Landlord not less than eight nine (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (79) months prior to the expiration of the initial Lease TermTerm or first Option Term (as applicable), which Fair Market Value Notice shall set forth Landlord's opinion of stating that Tenant is interested in exercising the Fair Market Value of the PremisesOption, and (iii) within fifteen (15) business days of Landlord's receipt of Tenant's written notice, Landlord shall deliver notice ("OPTION RENT NOTICE") to Tenant setting forth the Option Rent; and (iv) if Tenant wishes desires to exercise the first Renewal such Option, Tenant shall, on or before the date occurring six shall provide Landlord written notice within five (65) months prior to the expiration business days after receipt of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, Option Rent Notice ("TENANT'S ACCEPTANCE") and upon, and concurrent with, with such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlordthe Option Rent Notice. Tenant's Fair Market Value failure to deliver the Interest Notice or Tenant's Acceptance on or before the dates specified above shall be deemed to constitute Tenant's election not to exercise the Option. If Tenant timely and properly exercises its Option, the Lease Term shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant, concurrently with Tenant's Acceptance, objects to the Option Rent contained in the Option Rent Notice, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option Options shall be exercised by Tenant, if at all, only in the following manner: (i) Tenant may deliver by delivering written notice ("INTEREST NOTICETenant's Acceptance") to Landlord not more than twelve (12) months nor less than eight nine (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (79) months prior to the expiration of the initial Lease Term (or first Option Term, which Fair Market Value Notice as applicable). Within fifteen (15) business days of Landlord's receipt of Tenant's written notice, Landlord shall set deliver notice ("Option Rent Notice") to Tenant setting forth Landlord's opinion determination of the Fair Market Value of the Premises, and (iii) if Tenant wishes to exercise the first Renewal Option, Tenant shall, on or before the date occurring six (6) months prior to the expiration of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, and upon, and concurrent with, such exercise, Option Rent. Tenant may, at its option, within fifteen (15) business days of receiving Landlord's Option Rent Notice, object to Landlord's determination of the Fair Market Value Option Rent contained in the Option Rent Notice by written notice ("Objection Notice") to Landlord. Tenant's Fair Market Value failure to deliver the Tenant's Obligation Notice on or before the date specified above shall be deemed to constitute Tenant's approval of the terms set forth in the Option Rent Notice. If Tenant timely and properly exercises its Option, the Term (or first Option Term, as applicable) shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant objects to the Option Rent contained in the Option Rent Notice within the timeframe set forth above, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.EXHIBIT "I"

Exercise of Options. 3.3.1 The first Renewal Option Options shall be exercised by Tenant, if at all, only in the following manner: (i) Tenant may deliver by delivering written notice ("INTEREST NOTICETenant's Acceptance") to Landlord not more than twelve (12) months nor less than eight nine (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (79) months prior to the expiration of the initial Lease Term (or first Option Term, which Fair Market Value Notice as applicable). Within fifteen (15) business days of Landlord's receipt of Tenant's written notice, Landlord shall set deliver notice ("Option Rent Notice") to Tenant setting forth Landlord's opinion determination of the Fair Market Value of the Premises, and (iii) if Tenant wishes to exercise the first Renewal Option, Tenant shall, on or before the date occurring six (6) months prior to the expiration of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, and upon, and concurrent with, such exercise, Option Rent. Tenant may, at its option, within fifteen (15) business days of receiving Landlord's Option Rent Notice, object to Landlord's determination of the Fair Market Value Option Rent contained in the Option Rent Notice by written notice ("Objection Notice") to Landlord. Tenant's Fair Market Value failure to deliver the Tenant's Obligation Notice on or before the date specified above shall be deemed to constitute Tenant's approval of the terms set forth in the Option Rent Notice. If Tenant timely and properly exercises its Option, the Term (or first Option Term, as applicable) shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant objects to the Option Rent contained in the Option Rent Notice within the timeframe set forth above, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option options shall be exercised by Tenant, if at all, only in by Tenant delivering Notice (the following manner: (i) Tenant may deliver written notice ("INTEREST NOTICE"“Exercise Notice”) to Landlord by the date (the “Exercise Deadline”) which is not less than eight twelve (8) 12) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; nor more than fifteen (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (715) months prior to the expiration of the initial Initial Lease Term or first Option Term, as applicable, exercising the option. The exercise notice shall identify the Renewal Premises (defined below) for which Tenant elects to extend the Lease Term, which Fair Market Value Notice . The term “Renewal Premises” shall set forth Landlord's opinion mean all or such portions of the Fair Market Value Premises as shall be specified by Tenant (in its sole discretion) in Tenant’s Exercise Notice (and in the absence of any such specific designation in the Exercise Notice, the Renewal Premises shall be the entire Premises); provided, however, that in all events, in order for the Exercise Notice to be valid, (i) the Renewal Premises must contain at least the Original Premises, (ii) to the extent the Renewal Premises includes space in either or both of Building 203 or Building 204, it must include either one-half (divided along an axis running north-south through the middle of such Building) or all, but no other division, of Building 203, and either all or none of Building 204, and (iii) if Tenant wishes to the extent the Renewal Premises includes any Spec Development Space, such Spec Development Space must be in full-floor increments. The following conditions precedent shall apply to Tenant’s exercise of the first Renewal Option, Tenant shall, on or before options: (a) no Default shall exist at the date occurring six (6) months prior to time of Landlord’s receipt of such notice and at the expiration of the initial Lease Term or first Option Term, as applicable; and (b) the original Tenant named herein and/or any Permitted Transferee (defined below) is itself occupying not less than seventy-five percent (75%) of the Renewal Premises both at the time of giving the Exercise Notice and at the commencement of the Option Term. If Landlord shall receive notice of the exercise of the applicable option by delivering written in the manner and within the time provided aforesaid, the Lease Term shall be extended upon the receipt of the notice thereof without the requirement of any action on the part of Landlord or Tenant, except as may be required in order to Landlorddetermine Base Rent as hereinafter provided. Except for the amount of Base Rent (which is to be determined as provided in Section 2.2.2 above), all the terms, covenants, conditions, provisions and upon, and concurrent with, such exercise, Tenant may, at its option, object agreements in the Lease contained shall be applicable to the Fair Market Value contained in Landlord's Fair Market Value NoticeExtension Period, in which case the parties shall follow the procedure, and the Fair Market Value except that there shall be determinedno further options to extend the Lease Term after Tenant’s exercise of its options hereunder, as nor shall Landlord be obligated to make or pay for any improvements to the Premises nor pay any inducement payments of any kind or nature. Landlord hereby reserves the right, exercisable by Landlord in its sole discretion, to waive (in writing) any condition precedent set forth in Sections 4.3.1 and 4.3.2 below. If Tenant fails to provide the Interest Notice pursuant to clauses (ia) or (b) above, . Time is of the essence with respect to the exercise of the options contained herein. Tenant shall not lose its rights pursuant have the right to (iii) above and Landlord shall not have to provide give any notice exercising such option after the Fair Market Value Notice pursuant to (ii) aboveexpiration of the applicable time limitation set forth herein, and instead the Fair Market Value any notice given after such time limitation purporting to exercise any such option shall be determined pursuant to Sections 4.3.1 void and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Noticeof no force or effect.

Exercise of Options. 3.3.1 The first Renewal Option Options shall be exercised by Tenant, if at all, Tenant only in the following manner: (i) Tenant may shall not be in default, and shall not have been in default under this Lease more than once, on the delivery date of the Interest Notice and Tenant’s Acceptance; (ii) Tenant shall deliver written notice ("INTEREST NOTICE"“Interest Notice”) to Landlord not more than twelve (12) months nor less than eight nine (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (79) months prior to the expiration of the initial Lease Term or first (1st) Option Term, which Fair Market Value Notice shall set forth Landlord's opinion of as applicable, stating that Tenant is interested in exercising the Fair Market Value of the PremisesOption, and (iii) within fifteen (15) business days of Landlord’s receipt of Tenant’s written notice, Landlord shall deliver notice (“Option Rent Notice”) to Tenant setting forth the Option Rent; and (iv) if Tenant wishes desires to exercise the first Renewal such Option, Tenant shall, shall provide Landlord written notice within five (5) business days after receipt of the Option Rent Notice (“Tenant’s Acceptance”).Tenant’s failure to deliver the Interest Notice or Tenant’s Acceptance on or before the date occurring six dates specified above shall be deemed to constitute Tenant’s election not to exercise the Option. If Tenant timely and properly exercises its Option, the initial Term or first (61st) months prior to Option Term shall be extended for the expiration Option Term upon all of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, terms and upon, and concurrent with, such exercise, Tenant may, at its option, object to the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, and the Fair Market Value shall be determined, as conditions set forth in Sections 4.3.1 and 4.3.2 below. If Tenant fails to provide this Lease, except that the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide rent for the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value Term shall be as set forth indicated in Landlord's Fair Market Value the Option Rent Notice.

Exercise of Options. 3.3.1 The first Renewal Option shall be exercised by Tenant, if at all, Tenant only in the following manner: (i) Tenant may shall not be in default, and shall not have been in default under this Lease more than once beyond the expiration of all notice and cure periods provided in this Lease, on the delivery date of the Interest Notice and Tenant’s Acceptance; (ii) Tenant shall deliver written notice ("INTEREST NOTICE"“Interest Notice”) to Landlord not more than twelve (12) months nor less than eight nine (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given), shall deliver notice (the "FAIR MARKET VALUE NOTICE") to Tenant on or before seven (79) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set forth Landlord's opinion of stating that Tenant is interested in exercising the Fair Market Value of the Premises, and Option; (iii) within fifteen (15) business days of Landlord’s receipt of Tenant’s written notice, Landlord shall deliver notice (“Option Rent Notice”) to Tenant setting forth the Option Rent; and (iv) if Tenant wishes desires to exercise the first Renewal such Option, Tenant shall, on or before the date occurring six shall provide Landlord written notice within five (65) months prior to the expiration business days after receipt of the initial Lease Term, exercise the option by delivering written notice thereof to Landlord, Option Rent Notice (“Tenant’s Acceptance”) and upon, and concurrent with, with such exercise, Tenant may, at its option, object to the Fair Market Value Option Rent contained in Landlord's Fair Market Value the Option Rent Notice. Tenant’s failure to deliver the Interest Notice or Tenant’s Acceptance on or before the dates specified above shall be deemed to constitute Tenant’s election not to exercise the Option. If Tenant timely and properly exercises its Option, the Lease Term shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the rent for the Option Term shall be as indicated in the Option Rent Notice unless Tenant, concurrently with Tenant’s acceptance, objects to the Option Rent contained in the Option Rent Notice, in which case the parties shall follow the procedure, procedure and the Fair Market Value Option Rent shall be determined, as set forth in Sections 4.3.1 and 4.3.2 Section 31(d) below. If Tenant fails to provide the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value shall be determined pursuant to Sections 4.3.1 and 4.3.2 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.

Exercise of Options. 3.3.1 The first Renewal Option shall be exercised by TenantIf Tenant wishes to exercise a renewal option hereunder, if at allTenant shall, only in on or before the following manner: date occurring nine (i9) Tenant may deliver written notice ("INTEREST NOTICE") to Landlord not less than eight (8) months prior to the expiration of the initial Lease Term stating that Tenant is interested in exercising its option; for the Majority Space (iior nine (9) Landlord, after receipt months prior to the expiration of the Interest Notice (first Option Term for the Majority Space, if such notice is givenapplicable), shall deliver exercise the option by delivering notice to Landlord of such exercise by Tenant (the "FAIR MARKET VALUE NOTICE") “Option Notice”). Landlord and Tenant acknowledge that if Tenant delivers an Option Notice, the Lease Term shall be extended for the Option Term for all space then leased by Tenant in the Building including, without limitation, the Majority Space, the 22nd Floor Space and any First Offer Space then leased by Tenant, that the procedure for determination of the Option Rent as provided in this Section 2.2 below shall apply in order to determine the Option Rent for the entire Premises (including the 22nd Floor Space), but that the Option Terms shall commence and shall expire on slightly different dates for the 22nd Floor Space as compared to the remainder of the Premises due to the separate Lease Expiration Dates specified in Section 5.3 of the Summary. Failure of Tenant to deliver the Option Notice to Landlord on or before seven such date shall be deemed to constitute Tenant’s failure to exercise its option to extend. If Tenant timely and properly exercises its option to extend, the initial Lease Term or first Option Term, as applicable, shall be extended for the Option Term upon all of the terms and conditions set forth in this Lease, except that the Rent shall be the Option Rent determined as follows. Tenant shall be entitled to request that Landlord notify Tenant of Landlord’s estimate of the Option Rent prior to Tenant’s delivery of the Option Notice. Within thirty (730) days after such request by Tenant (but not earlier than fifteen (15) months prior to the expiration of the initial Lease Term or first Option Term, which Fair Market Value Notice as applicable), Landlord shall set forth notify Tenant of Landlord's opinion ’s estimate of the Fair Market Value Option Rent for the applicable Option Term (the “Information Estimate”); provided that neither Tenant’s request for the Information Estimate nor Landlord’s notice thereof shall create any liability for either party. Landlord shall determine the Option Rent for the Option Term by using its good faith judgment. Whether or not Landlord has previously delivered the Information Estimate, Landlord shall provide written notice (“Option Rent Notice”) of Landlord’s determination of the PremisesOption Rent within thirty (30) days after Tenant provides the Option Notice to Landlord; provided, and (iii) if Tenant wishes however, that Landlord shall not be obligated to exercise provide the first Renewal Option, Tenant shall, on or before the date occurring six (6) months Option Rent Notice for an Option Term prior to the expiration date which is fifteen (15) months before the commencement of such Option Term. Tenant shall have thirty (30) days (“Tenant’s Review Period”) after receipt of Landlord’s Option Rent Notice within which to accept such rental or to reasonably object thereto in writing. Tenant’s failure to object by written notice to Landlord within said thirty (30) day period shall be deemed to constitute Tenant’s acceptance of the initial Lease TermOption Rent specified by Landlord in the Option Rent Notice. In the event Tenant timely objects in writing, exercise the option by delivering written notice thereof Landlord and Tenant shall attempt to Landlord, and upon, and concurrent with, agree upon such exercise, Tenant may, at its option, object to the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, and the Fair Market Value shall be determined, as set forth in Sections 4.3.1 and 4.3.2 belowOption Rent using their best good faith efforts. If Landlord and Tenant fails fail to provide reach agreement within thirty (30) days following Tenant’s Review Period (“Outside Agreement Date”), then the Interest Notice pursuant to (i) above, Tenant shall not lose its rights pursuant to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) above, and instead the Fair Market Value Option Rent shall be determined pursuant to by arbitration in accordance with Sections 4.3.1 and 4.3.2 2.2.3.1 through 2.2.3.7 below. If Tenant provides the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Notice.XXXXXX XXXXXX XXXXX [Foundation Health Systems]

Exercise of Options. 3.3.1 The first Renewal Option option contained in this Section 41 shall be exercised by Tenant, if at all, and only in the following manner: (i) Tenant may shall deliver written notice ("INTEREST NOTICE") to Landlord not more than twelve (12) months nor less than eight nine (8) 9) months prior to the expiration of the initial Lease Term Term, stating that Tenant is interested in exercising its option; (ii) Landlord, after receipt of the Interest Notice (if such notice is given)Tenant's notice, shall deliver notice (the "FAIR MARKET VALUE NOTICEOption Rent Notice") to Tenant on or before seven the date which is the later of (7a) the date which is thirty (30) days after Landlord's receipt of the Option Interest Notice, and (b) the date which is eight (8) months prior to the expiration of the initial Lease Term, which Fair Market Value Notice shall set setting forth Landlord's opinion the Option Rent and any material economic concessions contained as a part of the Fair Market Value of the Premises, such Option Rent; and (iii) if Tenant wishes to exercise the first Renewal Optionsuch option, Tenant shall, on or before the date occurring six thirty (630) months prior to the expiration days after Tenant's receipt of the initial Lease TermOption Rent Notice, exercise the option by delivering written notice thereof to Landlord, and upon, and concurrent with, such exercise, Tenant may, at its option, object to . In the Fair Market Value contained in Landlord's Fair Market Value Notice, in which case the parties shall follow the procedure, and the Fair Market Value shall be determined, as set forth in Sections 4.3.1 and 4.3.2 below. If event Tenant fails to provide timely exercise the Interest Notice pursuant option, Tenant's option to (i) above, Tenant extend the Term shall not lose its rights pursuant terminate and be of no further force or effect. 42. INCORPORATION OF PRIOR AGREEMENTS; AMENDMENTS 42.1 This Lease contains all of the agreements of the parties hereto with respect to (iii) above and Landlord shall not have to provide the Fair Market Value Notice pursuant to (ii) aboveany matter covered or mentioned in this Lease, and instead the Fair Market Value no prior agreement, negotiations, brochures, arrangements, or understanding pertaining to any such matter shall be determined pursuant effective for any purpose unless expressed herein. No provisions of this Lease may be amended or added to Sections 4.3.1 and 4.3.2 below. If Tenant provides except by an agreement in writing signed by the Interest Notice and Landlord responds with the Fair Market Value Notice and Tenant exercises the Renewal Option but does not object to the Fair Market Value contained parties hereto or their respective successors in Landlord's Fair Market Value Notice as provided in Subsection 3.3.1(iii) above, the Fair Market Value shall be as set forth in Landlord's Fair Market Value Noticeinterest.