Common use of Expansion Option Clause in Contracts

Expansion Option. Provided Lessee s not in default of any term or condition of the Lease on the date Lessee receives notice of availability from Lessor (unless the default is cured within the applicable cure period, Lessee will have the Option to Expand into the approximately 5,000 rentable square feet of contiguous space to the west of the Premises (the "Expansion Space"), subject to Lessor's ability to relocate the existing tenant or a future tenant from the Expansion Space pursuant to the terms of the tenant's lease. A copy of the pertinent relocation clause for the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms for the Expansion Space shall be the same terms and conditions as the existing lease except as of the date Lessor delivers possession of the Expansion Space to Lessee with the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new space.

Appears in 1 contract

Samples: Office Lease (Targeted Genetics Corp /Wa/)

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Expansion Option. Provided Lessee s not in default of any term or condition of Tenant is granted the Lease on the date Lessee receives notice of availability from Lessor (unless the default is cured within the applicable cure periodright to expand its Premises by leasing up to 3,000 contiguous, Lessee will have the Option to Expand into the approximately 5,000 rentable square feet of contiguous space to on the west eighth floor of the Premises Building (the "Expansion Space")) currently leased and occupied by Solonis, subject to Lessor's ability to relocate the existing tenant or a future tenant from Inc. upon vacation of said space by Solonis, Inc. Any portion of the Expansion Space pursuant desired by Tenant must be contiguous and adjacent to the terms Premises. To exercise this expansion right, Tenant must give Landlord written notice of its desire to occupy all or any portion of the tenantExpansion Space by November 1, 2002. Tenant's lease. A copy lease of the pertinent relocation clause Expansion Space will be on the same terms, covenants and conditions provided in the Lease except that Base Rent for the existing tenant is attached space added by Tenant will be equal to this Lease95% of the monthly base rent which would then be charged by Landlord for the expansion space considering the condition of such space and based on rates then being charged by Landlord for comparable space in the Building. This option to expand may be exercised at any time during the term No provisions of this Lease by written notice relating to Lessor given at least four (4) months prior free rent, leasehold improvements, allowances, or other incentives or concessions, if any, will apply to the date Lessee wishes expansion space unless hereafter agreed upon between the parties in writing. If Tenant timely exercises its right to begin leasing expand pursuant to this section, Landlord will deliver to Tenant an amendment to this Lease adding the Expansion Spaceadditional space to the Premises. The If Tenant fails to timely exercise its expansion right hereunder, or if Tenant fails to execute and deliver the lease terms for the Expansion Space shall be amendment to Landlord within 5 business days after delivery to Tenant of the same (reflecting the terms and conditions as the existing agreed upon herein), then Landlord may lease except as of the date Lessor delivers possession all or any portion of the Expansion Space to Lessee with the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the one or more third parties can't agree, then, the Monthly Minimum Rent shall be increased to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they expansion option granted hereby will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new spaceterminate.

Appears in 1 contract

Samples: Lease (BMC Industries Inc/Mn/)

Expansion Option. Provided Lessee s (a) Landlord presently owns the property lying easterly of the Property and commonly known as 300 Xxxxxx Xxxxx Xxxxxxxxx, Xxxxx Xxx Xxxxxxxxx (the “Expansion Property”). The Expansion Property is presently operated as a commercial warehouse facility, but it is also Landlord’s present intention to redevelop the Expansion Property as a biotechnology facility during calendar year 2005, and Landlord agrees to undertake such redevelopment, subject to the conditions set forth in this Section 6.3, in order to accommodate any proper exercise of Tenant’s rights under this Section 6.3. Tenant shall have a one-time option (the “Expansion Option”), exercisable only in accordance with this Section 6.3, to lease a minimum amount of at least 100,000 square feet of redeveloped biotechnology space on the Expansion Property; provided, however, that the Expansion Option shall not apply if Tenant is in default of under this Lease (beyond any term or condition of the Lease applicable notice and cure periods) on the date Lessee receives notice the Expansion Option is exercisable. The exact size and location of availability from Lessor (unless the default is cured space subject to the Expansion Option within the applicable cure period, Lessee will have the Option to Expand into the approximately 5,000 rentable square feet of contiguous space to the west of the Premises Expansion Property (the "Expansion Space")”) shall be mutually agreed upon in writing by Landlord and Tenant, subject to Lessor's ability to relocate the existing tenant or minimum size of 100,000 square feet as specified above, after Landlord has approved a future tenant from final design and site plan for the redevelopment of the Expansion Space pursuant to the terms of the tenant's leaseProperty. A copy of the pertinent relocation clause for the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given If Tenant notifies Landlord in writing, at least four seventy-five (475) months days prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms Option must be exercised, that Tenant is considering exercise of the Expansion Option (which notice may be given by Tenant in its sole and absolute discretion), then (i) Landlord agrees to adopt and approve a final design and site plan for the Expansion Space shall be the same terms and conditions as the existing lease except as redevelopment of the Expansion Property at least forty-five (45) days prior to the date Lessor delivers possession the Expansion Option must be exercised, in order to allow a reasonable time for the parties to reach mutual agreement regarding the size and location of the Expansion Space in a timely manner and (ii) Landlord and Tenant agree to Lessee with negotiate diligently, reasonably and in good faith to reach such an agreement regarding the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share size and location of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased at least fifteen (15) days prior to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in date the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will Option must be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new spaceexercised.

Appears in 1 contract

Samples: Sub Sublease (Assembly Biosciences, Inc.)

Expansion Option. Provided Lessee s not in default of (a) At any term or condition time prior to February 28, 1999, Tenant shall have the option to expand the Premises to include either (i) all of the Lease office space on the date Lessee receives notice of availability from Lessor (unless the default is cured within the applicable cure period, Lessee will have the Option to Expand into the approximately 5,000 rentable square feet of contiguous space to the west all or one or more entire floors of the Premises Fourth (4th), Fifth (5th) and Sixth (6th) Floors of the Building, or (ii) all of the office space on all or one or more entire floors of the Sixth (6th), Tenth (l0th) and Eleventh (11th) Floors of the Building (the "Expansion Space"), subject which option hereinafter shall be referred to Lessor's ability as the "Expansion Option." Tenant shall not be entitled to relocate exercise the existing tenant aforesaid Expansion Option to lease Expansion Space if, at the time Tenant is entitled to exercise said option, Tenant has subleased or a has entered into an agreement to sublease in the future tenant from more than twenty-five percent (25%) of the then total amount of rentable square feet of the Premises, unless Tenant itself occupies at all times the Expansion Space pursuant and does not relocate its employees from the initial Premises into the Expansion Space in order to comply with this provision. To exercise the terms Expansion Option, Tenant must deliver to Landlord written notice of the tenant's lease. A copy exercise of the pertinent relocation clause for Expansion Option (the existing tenant is attached "Expansion Notice") on or before February 28, 1999. If Tenant delivers to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing Landlord the Expansion Space. The lease terms for Notice within the time provided herein, the Expansion Space shall be leased upon all of the same terms and conditions as set forth in this Lease with respect to the existing lease except as Premises (which terms and conditions shall be adjusted proportionately to account for the increased rentable square footage of the Premises upon inclusion of the Expansion Space), except that: (1) the Lease Term with respect to the Expansion Space shall commence on the later of (A) September 1, 2000, or (B) the date Lessor on which Landlord delivers possession of the Expansion Space to Lessee with the tenant improvements if any' completed, Tenant; (a2) the Premises Tenant shall be expanded obligated to include pay Base Rent and Additional Rent for the Expansion Space beginning on the date that is 120 calendar days after the date on which Landlord delivers the Expansion Space to Tenant; (3) if Tenant exercises the Expansion Option with respect to Expansion Space on the Tenth (10th) or Eleventh (11th) Floors, the Base Rental for that space shall be Two Dollars ($2.00) per rentable square foot greater than that for the remainder of the Premises; and (4) Landlord shall provide to Tenant an "Expansion Space Improvement Allowance" equal to Twenty-Seven and 50/100 Dollars ($27.50) per rentable square foot of the Expansion Space, (b) Lessee's share of common area costs which shall be increased to reflect paid by Landlord, and may be used by Tenant in accordance with the added spacepurposes set forth in Paragraph 3(d), (c) above. The Expansion Space Improvements shall be constructed in accordance with the rent provisions of EXHIBIT B and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent Improvement Allowance shall be increased to paid in accordance with the then current fair market rent (the "New Rent") and Lessor shall provide the same level provisions of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new space.Exhibit B.

Appears in 1 contract

Samples: Office Lease (Watson Wyatt & Co Holdings)

Expansion Option. Provided that both (i) an Event of Default is not outstanding on the day on which Lessee s not purports to exercise the Expansion Option as hereinafter defined or prior to the first day on which the Expansion Space as hereinafter defined will be occupied, and (ii) the Lessee named herein and any Lessee Affiliates (as defined in default of any term or condition Section 8.0(i)) are actually occupying at least 51% of the Lease Rentable Area of the Premises as of each of said dates then, if any portion of the remaining space on the date Lessee receives notice first or second floors of availability from Lessor (unless the default is cured within the applicable cure period, Lessee will have the Option Building that are contiguous to Expand into the approximately 5,000 rentable square feet of contiguous space to the west of the Premises (the "Expansion Space"), subject to Lessor's ability to relocate the existing tenant or a future tenant from the Expansion Space pursuant to the terms of the tenant's lease. A copy of the pertinent relocation clause ”) becomes available for the existing tenant is attached to this Lease. This option to expand may be exercised occupancy at any time during the term Term as it may be extended. Lessor shall first offer to lease the Expansion Space to Lessee (the “Expansion Option”) on the terms hereinafter set forth. The Expansion Option may be exercised by the Lessee by notice thereof to Lessor, dispatched not less than fifteen (15) days after receipt of this Lease by written notice to from Lessor given at least four (4) months prior to of the date Lessee wishes to begin leasing availability of the Expansion Space. The lease If Lessee exercises its Expansion Option: (i) the Expansion Space shall become part of the Premises, subject to all the terms and conditions of this Agreement; (ii) Basic Rent for the Expansion Space shall be as set forth in Section 4.1; and (iii) Lessee’s Share (Taxes) and Lessee’s Share (Operating Expenses) shall be adjusted to take the same terms and conditions as rentable area of the existing lease except Expansion Space into account; all effective as of the date Lessor delivers possession of on which Lessee dispatches its notice exercising the Expansion Option. Any work required to render the Expansion Space to suitable for occupancy by Lessee shall be performed in accordance with the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor provisions of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space Work Letter attached hereto as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new space.Exhibit E.

Appears in 1 contract

Samples: Lease (Elixir Pharmaceuticals, Inc.)

Expansion Option. Provided Lessee s not in that no uncured material default of by Tenant has occurred under any term or condition of provision contained in the Lease on the date Lessee receives notice of availability from Lessor (unless the default is cured within the applicable cure periodLease, Lessee will Tenant shall have the Option to Expand into the approximately 5,000 rentable square feet of contiguous space to the west of the Premises right and option (the "Expansion Option") during the Extension Term to expand the New Premises effective as of May 1, 2026, to include Floor 19 of the Premises comprised of 21,262 rentable square feet and/or an alternative floor if Tenant previously exercised the Hold Option on Floor 19 for use by Tenant (“Expansion Space”) for the remainder of the then remaining Extension Term (the ")Expansion Term") under the same terms, subject conditions and covenants contained in this Seventeenth Amendment, except that: (a) no abatements, inducements or other concessions, if any, applicable to Lessor's ability the Extension Term shall apply to relocate the existing tenant or a future tenant from Expansion Term; (b) the Base Rent shall be equal to the per square foot rates for Base Rent for the New Premises at the time the Expansion Space pursuant is added to the terms of the tenant's lease. A copy of the pertinent relocation clause for the existing New Premises and shall include a tenant is attached to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms improvement allowance for the Expansion Space shall be the same terms equal to Sixty-Seven Dollars and conditions as the existing lease except as of the date Lessor delivers possession 08/100 ($67.08) per square foot of the Expansion Space to Lessee with the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share of common area costs shall be increased to reflect the added space, ; (c) the rent Tenant shall have no further Expansion Option; and tenant improvements (d) monthly parking charges for spaces allocated to the Expansion Space will be as negotiated by reflect the two partiesexisting rate effective at the time of the commencement of the Expansion Term. If the parties can't agreeTo exercise its Expansion Option hereunder, then, the Monthly Minimum Rent Tenant shall be increased to the then current fair market rent provide written notice (the "New RentExpansion Notice") and Lessor to Landlord on or before May 1, 2025. Landlord shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension reply within thirty (30) business days after determination of receipt of the New Rent, who's determination will be binding. Lessor shall prepare Expansion Notice and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor notify Tenant in writing of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's then available for lease, and if available, Tenant shall be granted the option to another location in lease the buildingExpansion Space under the terms set forth herein. If Tenant elects to lease such Expansion Space, including Tenant shall give notice thereof to Landlord. The parties shall thereafter enter into an amendment of the cost Lease reflecting the inclusion of equivalent tenant improvements in the new spaceapplicable Expansion Space into the New Premises. Failure by Tenant to provide the Expansion Notice within the time limits set forth herein shall constitute a waiver of such Expansion Option.

Appears in 1 contract

Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Expansion Option. Provided Lessee s not no Default exists beyond applicable notice and cure periods and the Lease is in default full force and effect, provided Tenant (or an Affiliate) is leasing and occupying the entire Relocation Premises, by giving Landlord written notice, if at all, on or before July 1, 2021, subject to existing rights of any term or condition other tenants of the Lease Building listed on the date Lessee receives notice of availability from Lessor (unless the default is cured within the applicable cure periodSchedule 1 attached hereto, Lessee will Tenant shall have the Option option to Expand into the approximately 5,000 rentable square feet of contiguous space to the west of expand the Premises (the "“Expansion Option”), as provided herein. Tenant may exercise the Expansion Option, if at all, by giving Landlord timely written notice (“Expansion Notice”). If Tenant exercises the Expansion Option, the “Expansion Space")” shall be Suite 1822 containing 1,801 rentable square feet, Suite 1810 containing approximately 9,132 rentable square feet, and Suite 1801 containing approximately 2,629 rentable square feet. The Expansion Space is shown on Exhibit C-1 attached hereto and made a part hereof. In the event that Tenant timely exercises the Expansion Option, then (a) Landlord shall tender possession of the Expansion Space to Tenant in an “as-is, where is” condition so that Tenant may perform any Tenant Work in the Expansion Space on or before April 1, 2022 (the “Expansion Delivery Date”) and (b) effective as of July 1, 2022, subject to Lessor's ability extension on a day by day basis for each day of Landlord Delay [for purposes of this reference to relocate Landlord Delay, Delivery Date shall be replaced with the existing tenant or a future tenant from Expansion Delivery Date and Relocation Premises shall be replaced with Expansion Space] (the “Expansion Space Commencement Date”), the Expansion Space pursuant shall be added to, and constitute part of, the “Premises” leased hereunder, and the same shall be leased upon and subject to the terms same terms, provisions and conditions as are applicable to the other portions of the tenant's lease. A copy Premises for the remainder of the pertinent relocation clause for Term of the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms , except that Base Rent, rent abatement, and concessions for the Expansion Space shall be at the same terms Current Market Rate, determined in accordance with the procedure set forth above in this Amendment. Promptly after Tenant exercises the Expansion Option and conditions as the existing lease except as parties determine the Current Market Rate, Landlord and Tenant shall execute an amendment to the Lease confirming the increase in the square footage of the date Lessor delivers possession Premises and all matters incident thereto (such as an increase in Tenant’s Pro Rata Share and Base Rent and a workletter to address payment of the construction allowance, if any); however, the failure of the parties to timely execute such amendment shall not defer the Expansion Space Commencement Date or otherwise invalidate this Lease or affect the parties’ rights or obligations hereunder. In the event demising work is necessary to Lessee with accommodate Tenant’s exercise of its Expansion Option, then Landlord shall build a Building standard multi-tenant corridor (including without limitation construction of a demising wall and separation of the tenant improvements if any' completedcorridor from electrical, (a) fire/life safety, HVAC, and other systems serving the Premises Premises). Such demising work shall be expanded at Tenant’s expense, provided that Tenant may use the construction allowance to include the Expansion Spacepay for such work. Furthermore, Tenant (band not Landlord) Lessee's share of common area costs shall be increased responsible for drywall and finish on the side of the corridor located within the Premises. In no event shall Landlord be obligated to reflect pay a commission with respect to any space leased by Tenant under this Section other than pursuant to a written commission agreement with Tenant’s designated broker who is actively involved in negotiations on Tenant’s behalf at the added spacetime and Tenant and Landlord shall each indemnify the other against all costs, (c) expenses, attorneys’ fees, and other liability for commissions or other compensation claimed by any other broker or agent claiming the rent and tenant improvements for same by, through, or under the Expansion Space will be as negotiated by the two partiesindemnifying party. If the parties can't agree, then, the Monthly Minimum Rent shall be increased Tenant’s rights under this Section are personal to the then current fair market rent (the "New Rent") above-named Tenant, its Affiliates, and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor any successor Tenant after any Business Transfer in accordance with Section 11.04 of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park BuildingsLease. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree Confidential Treatment Requested by Xeris Pharmaceuticals Inc. Pursuant to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new space.17 C.F.R. Section 200.83

Appears in 1 contract

Samples: Office Lease Agreement (Xeris Pharmaceuticals Inc)

Expansion Option. Provided Lessee s not in default of any term or condition Effective as of the Lease on first anniversary of the date Lessee receives notice ---------------- Commencement Date and as of availability from Lessor (unless the default is cured within first day of the applicable cure periodseventh, Lessee thirteenth, nineteenth and twenty-fifth calendar months thereafter, Tenant will have the Option right to Expand into lease additional space (to the approximately extent the same is vacant and available) in either the 000 Xxxxxxxxxxxxx Xxxxxxx Building, the 000 Xxxxxxxxxxxxx Xxxxxxx Building or any other building owned by Landlord (or any affiliate of Landlord) in the Heathrow International Business Center ("Expansion Space"). Tenant will exercise any such expansion option, if at all, by delivering written notice of the exercise of such option to Landlord by no later than ninety days prior to the scheduled commencement date of its rental of such expansion space (as such dates are specified in the first sentence of this (S)33). Any exercise of the expansion option by Tenant hereunder must be in increments of at least 5,000 rentable square feet of contiguous space to the west space. If Tenant exercises any such expansion option, its leasing of the Premises (the "Expansion Space"), subject to Lessor's ability to relocate the existing tenant or a future tenant from the such Expansion Space pursuant to the terms will be upon all of the tenant's lease. A copy of the pertinent relocation clause for the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms for the Expansion Space shall be the same terms and conditions as set forth in this Lease with respect to the existing lease except as Leased Premises (including, without limitation, a provision that the term of the date Lessor delivers possession its leasing of the Expansion Space to Lessee with the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the such Expansion Space will be as negotiated by coterminous with the two parties. If expiration of the parties can't agreeLease Term for the Leased Premises), then, except that the Monthly Minimum Base Rent shall will be increased equal to 95% of the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent buildings in comparable locations and the level of prevailing any tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements improvement allowance to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination to Tenant will be bindingequal to the fair market tenant improvement allowance for comparable buildings in comparable locations. Lessor shall prepare If Tenant leases any additional space pursuant to this section, Landlord and Lessee shall execute a lease amendment Tenant will enter into an addendum to this Lease reflecting the terms and conditions specified herein for the extension within thirty (30) days after determination leasing of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new such additional space.

Appears in 1 contract

Samples: Lease Agreement (Seagate Software Inc)

Expansion Option. Provided Lessee s not in default of any term or condition of So long as the Lease on the date Lessee receives notice of availability from Lessor space is "available for lease" (unless the default is cured within the applicable cure periodas ---------------- hereinafter defined), Lessee will Tenant shall have the Option option (the "Expansion Option") to Expand into add any other space in the approximately 5,000 rentable square feet of contiguous space to the west of the Premises Building (the "Expansion Space"), subject ) to Lessor's ability the Premises during the first Lease Year by providing prior written notice to relocate Landlord at least ninety (90) days in advance of the existing tenant or a future tenant from date Tenant wishes to occupy the Expansion Space pursuant (the "Effective Date"). The Expansion Space shall be "available for lease" if (i) the space is not already leased or (ii) the space will become vacant because the existing lease has or will expire with no renewal provision which was exercised. The Expansion Option is also subject to and subordinate to the terms rights of existing tenants in the Building. Should Tenant fail to duly and timely exercise the Expansion Option, or elects not to exercise the Expansion Option, the expansion Option shall become null and void and of no further force or effect. Should Tenant duly and timely exercise the Expansion Option, the Expansion Space shall be added to this Lease from and after the date Landlord delivers the Expansion Space to Tenant, or such earlier date to which Landlord and Tenant may mutually agree, through the last day of the tenant's leaseTerm, as the same may be extended. A copy Except as explicitly set forth herein, the Expansion Space shall be subject to all terms and provisions of the pertinent relocation clause for the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms Tenant improvements for the Expansion Space shall be designed and installed in accordance with the same terms procedures and conditions as set forth in EXHIBIT C to --------- the existing lease except as Lease and Tenant's allowance for improvements shall be an amount equal to the product of multiplying $21.50 (which shall be the date Lessor delivers possession Tenant's allowance per square foot) times the rentable square footage of the Expansion Space times a fraction, the numerator of which is the number of full calendar months remaining in the Term of this Lease, and the denominator of which is the total number of months in the Term. Tenant shall not have any right's under this paragraph if, at the time of the exercise of the Expansion Option, Landlord does not approve Tenant's creditworthiness. In determining Tenant's creditworthiness, Landlord may consider any financial statements of Tenant and may compare them to Lessee financial statements submitted by Tenant in connection with the tenant improvements if any' completed, (a) entry into this Lease. This Expansion Option shall not be effective or exercisable during the Premises shall be expanded to include the Expansion Space, (b) Lessee's share existence of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated a default by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords Tenant under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new spacethis Lease.

Appears in 1 contract

Samples: Commencement Date Agreement (Vialog Corp)

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Expansion Option. Provided Lessee s not in default of any term or condition of (a) At all times during the Lease Term, so long as no Default on the date Lessee receives notice part of availability from Lessor (unless the default is cured within the applicable cure periodTenant then exists, Lessee will Tenant shall have the Option option to Expand into the approximately 5,000 rentable construct a maximum of an additional 150,000 square feet of contiguous space foot expansion to the west of the Leased Premises (the "Expansion Space"), subject .) The Expansion Space shall be located at a location as reasonably required by Tenant and otherwise complying with all applicable municipal requirements. Tenant shall deliver to Lessor's ability to relocate the existing tenant or a future tenant from Landlord preliminary plans and specifications for the Expansion Space pursuant together with Tenant's notice of the exercise of the Expansion Option. In the event that the Expansion Space shall be a free-standing building, Landlord shall have no obligation to provide a bid to construct same. In the event that the Expansion Space shall be attached to the terms of Building, Landlord shall be obligated to issue a proposal to construct same at a bid price which shall be competitive to other similar institutional quality industrial construction projects in the tenantJackson County, Georgia area, with such proposal to include x xxxxx term and the costs to provide the Expansion Space as requested by Tenant. Tenant, at its option, may accept Landlord's lease. A copy of the pertinent relocation clause for the existing tenant is attached bid or contract with a third party to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing construct the Expansion Space. In the event that Tenant accepts Landlord's bid, the Lease shall be amended to reflect all relevant and appropriate terms and conditions prior to any work on the Expansion Space being performed or commenced, and the Lease Term for all of the Leased Premises shall be extended so that it expires ten (10) years after the date Base Rent is first due for the Expansion Space (which shall have the same ten (10) year Lease Term). The lease terms Base Rent for the Expansion Space shall be reflect current market conditions, and the same Lease amendment shall reflect such other relevant terms and conditions as the existing lease except as are specified in Landlord's proposal and agreed upon by Landlord and Tenant. This extension associated with Expansion Space shall not be one of the date Lessor delivers possession Extensions provided to Tenant under Section 2.05, and Base Rent due from Tenant for the Leased Premises leased originally hereunder shall increase by two percent (2%) per annum for the period that the Lease Term is extended under this Section 2.06, on each anniversary of the Commencement Date. In the event that Landlord does not construct the Expansion Space to Lessee and expends no funds in connection with the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum no additional Base Rent shall be increased to the then current fair market rent (the "New Rent") and Lessor shall provide the same level due Landlord as a consequence of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new spacesuch construction.

Appears in 1 contract

Samples: Subordination Agreement (Systemax Inc)

Expansion Option. Provided Lessee s not in default A. For purposes of any term or condition this Rider 3, the area of the Lease Building described on the date Lessee receives notice of availability from Lessor (unless the default Schedule B attached to this Rider is cured within the applicable cure period, Lessee will have the Option hereinafter referred to Expand into the approximately 5,000 rentable square feet of contiguous space to the west of the Premises (as the "Expansion Space"), subject to Lessor's ability to relocate the existing tenant or a future tenant from the Expansion Space pursuant . Subject to the terms of the tenant's lease. A copy of the pertinent relocation clause for the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term remaining provisions of this Lease by written notice Rider 3, Tenant shall have the option and the right (the "Expansion Option") to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms for the Expansion Space shall be the same terms and conditions as the existing lease except as of the date Lessor delivers possession all, but not less than all, of the Expansion Space consisting of 11,055 rentable square feet. Tenant must exercise the Expansion Option, if at all, by delivering written notice to Lessee Landlord (the "Expansion Notice") on or before January 1, 2004. If Tenant timely exercises the Expansion Option with the tenant improvements if any' completed, (a) the Premises shall be expanded regard to include the Expansion Space, (b) Lessee's share of common area costs shall be increased Landlord and Tenant will in good faith negotiate and enter into an amendment to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension this Lease within thirty (30) days after determination of Tenant's delivery of the New Expansion Notice reflecting the addition of the Expansion Space to the Premises with a Commencement Date of December 1, 2004, provided, however, (i) the rate of Base Rent, who's determination will the amount of Finish Allowance and other allowances shall be binding. Lessor based on the then market conditions for comparable office space in comparable buildings in the LBJ/North Dallas market taking into account all relevant factors such as condition and size of the Expansion Space, length of term, creditworthiness of Tenant, basis for payment of operating expenses and all other relevant factors (ii) Tenant shall prepare be entitled to four (4) parking spaces for each one thousand (4:1000) rentable square feet of such Expansion Space being added to the Premises, of which seventy-two percent (72%) shall be located in the Parking Garage and Lessee the remainder shall execute a lease amendment for be located on the extension within thirty surface lot (30) days after Lessee's not)notification all such parking space shall be at no cost to Lessor Tenant), and in the event that Landlord is unable to timely deliver the Expansion Space due to the holding over of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from thereof, then the Commencement Date of the Expansion Space as may shall be provided in delayed until the date that tenant's lease, the Expansion Space is delivered to another location in the building, including the cost of equivalent tenant improvements in the new spaceTenant.

Appears in 1 contract

Samples: Office Lease (Home Interiors & Gifts Inc)

Expansion Option. Provided Lessee s not in default of any term or condition of the Lease on the date Lessee receives notice of availability from Lessor (unless the default is cured within the applicable cure periodFederal shall also have an on-going option through July 31, Lessee will have the Option to Expand into the approximately 5,000 rentable square feet of contiguous space to the west of the Premises 1999 (the "Federal Expansion SpaceOption"), subject to Lessor's ability to relocate the existing tenant lease all or a future tenant from any portion of the Expansion Space pursuant which has not been leased to a third party after a failure by Federal to exercise the terms Federal ROFR with respect to such space under Section 4 above; provided, however, the term of the tenant's leaselease with respect to such Expansion Space may commence no earlier than November 1, 1998, and no later than July 31, 1999. A copy The Federal Expansion Option must be exercised, and the lease of such Expansion Space shall be, in accordance with the pertinent relocation clause for following terms and conditions. Federal may notify Interactive and Landlord of its wish to exercise the existing tenant is attached to this Lease. This option to expand may be exercised Federal Expansion Option at any time during the term of this Lease by written notice and from time to Lessor given at least four time on or before ninety (490) months days prior to the date Lessee wishes upon which the lease with respect to begin leasing such Expansion Space is to commence and of the Expansion Space. The lease terms for portion of the Expansion Space to be so leased. Upon each such exercise of the Federal Expansion Option, the Federal Lease shall be amended to add the portion of the Expansion Space so designated as a portion of the Federal Premises, effective as of the commencement date with respect to such Expansion Space specified in Federal's notice; provided, however, as of the effective date of such expansion, the rental under the Federal Lease shall be increased to at all times reflect that the rental of the Expansion Space is to be at the same rent per square foot from time to time as is applicable under the Federal Lease to the original Federal Premises. In addition, Landlord shall not be obligated to license to Federal more than three (3) additional parking spaces for each 1,000 square feet of additional space leased by Federal, with the fee for such additional spaces to be at the same rate as for the spaces licensed to Federal under the Federal Lease. If Federal exercises the Federal Expansion Option, then Landlord agrees to accept the surrender of, and Interactive agrees to surrender, the applicable portion of the Expansion Space on the same terms and conditions as specified in the existing lease except as first paragraph of Section 1 of this Agreement; provided, however, the number of parking spaces surrendered shall be in accordance with Section 10(d) below and the Base Rent and Tenant's Pro Rata Share of Operating Expenses and Taxes shall also be proportionately reduced. In no event shall the Federal Expansion Option apply during any extension of the date Lessor delivers possession Federal Lease pursuant to Section 2.2 of the Federal Lease but, if the Federal Expansion Option has been exercised so that the Federal Lease includes portions of the Expansion Space prior to Lessee with July 31, 1999, and the tenant improvements if any' completedterm of the Lease has been extended pursuant to Section 2.2 of the Federal Lease, (a) then such extension shall apply to all of the Premises shall be expanded to include space then leased under the Expansion SpaceFederal Lease including, (b) Lessee's share of common area costs shall be increased to reflect the added spacebut not limited to, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased space leased pursuant to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Federal Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new spaceOption.

Appears in 1 contract

Samples: Agreement (Interactive Flight Technologies Inc)

Expansion Option. Provided Lessee s not Landlord hereby grants Tenant an option to expand ("Expansion Option") in default accordance with the provisions of any term or condition of this Section 5(B). Landlord shall provide Tenant the Lease on the date Lessee receives notice of availability from Lessor option to lease between ten thousand (unless the default is cured within the applicable cure period, Lessee will have the Option to Expand into the approximately 5,000 10,000) and twenty thousand (20,000) rentable square feet of area in the Building contiguous space to the west Premises, with such space being made first available to Tenant no sooner than the thirtieth (30th) month of the Premises Lease Term and no later than the forty-eighth (the "Expansion Space"), subject to Lessor's ability to relocate the existing tenant or a future tenant from the Expansion Space pursuant to the terms 48th) month of the tenant's leaseLease Term. A copy Landlord shall provide Tenant with written notice of the pertinent relocation clause for the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term availability of this Lease by written notice to Lessor given such space at least four twelve (412) months prior to the date Lessee wishes such space will first be available. Such notice shall also include the size and location of such space and the lease terms upon which Landlord offers such space for lease. All such terms shall be at the fair market rate for a comparable lease with a comparable lease term in comparable first class buildings in the area. All such space shall be offered to begin leasing Tenant in its current, "as is" condition, unless such space has not been previously improved, in which case the tenant improvement allowance provisions of Section 5(E) below shall apply. Tenant may elect to lease such space by delivering written notice to Landlord no later than the date nine (9) months prior to the date such space is available to Tenant. Provided Landlord has delivered timely notice of the availability of such space to Tenant, Tenant's failure to deliver such notice by such date shall be deemed a waiver of Tenant's election to exercise the Expansion SpaceOption. The If Tenant elects to lease such space but Landlord and Tenant are unable to agree upon the terms for the Expansion Space shall be the same terms and conditions as the existing of such lease except as of by the date Lessor delivers possession of the Expansion Space to Lessee with the tenant improvements if any' completed, (a) the Premises shall be expanded to include the Expansion Space, (b) Lessee's share of common area costs shall be increased to reflect the added space, (c) the rent and tenant improvements for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased to the then current fair market rent (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New Rent and the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period for the first floor space in those buildings, then the parties will use leases signed within the last six (6) months for space in the top 35% of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners of those buildings, obtain the most recent lease rates for the applicable space, average the result (if there are more than one) and produce the figure which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level of tenant improvements to be provided by Lessor in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination delivery of Tenant's notice to lease such space, the New Rent, who's determination will lease terms shall be binding. Lessor determined by arbitration in accordance with the provisions of Section 5(C) below (except the rate so determined shall prepare and Lessee shall execute not be a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new spacerenewal rate).

Appears in 1 contract

Samples: Office Lease Agreement (Onyx Software Corp/Wa)

Expansion Option. 25.1 Provided Lessee s not in default no Event of any term Default exists, Tenant may lease up to 5,175 Rentable Square Feet designated on Exhibit A-1 (the “Expansion Space”), by delivering to Landlord, on or condition of the Lease on the date Lessee receives before December 31, 2017, written notice of availability from Lessor (unless Tenant’s election to include such space in the default is cured within Premises, which notice must include the applicable cure period, Lessee will have the Option to Expand into the approximately 5,000 rentable square feet portion of contiguous space to the west of the Premises (the "Expansion Space"), subject to Lessor's ability to relocate the existing tenant or a future tenant from the Expansion Space pursuant that Tenant intends to the terms occupy. If Tenant timely exercises its option, then (a) possession of the tenant's lease. A copy of the pertinent relocation clause for the existing tenant is attached to this Lease. This option to expand may be exercised at any time during the term of this Lease by written notice to Lessor given at least four (4) months prior to the date Lessee wishes to begin leasing the Expansion Space. The lease terms for the Expansion Space shall be the same terms and conditions as the existing lease except as of delivered to Tenant in an “AS-IS” condition on the date Lessor Landlord delivers possession of the Expansion Space to Lessee with Tenant (the tenant improvements if any' completed“Expansion Date”), and (ab) Tenant and Landlord shall execute an amendment to this Lease including the Expansion Space in the Premises on the same terms as this Lease, except as follows: (i) the Rentable Square Feet of the Premises shall be expanded to include increased by the Rentable Square Feet in the Expansion Space, ; and (b) Lessee's share of common area costs shall be increased to reflect the added space, (cii) the rent and tenant improvements Basic Rent for the Expansion Space will be as negotiated by the two parties. If the parties can't agree, then, the Monthly Minimum Rent shall be increased equal to the per Rentable Square Foot Basic Rent for the Premises then current fair market rent currently payable (the "New Rent") and Lessor shall provide the same level of tenant improvements as are then being provided by landlords under comparable leases. The New Rent shall be the average prevailing rental rate for comparable space. The parties agree that for purposes of determining the New provided, Landlord will xxxxx Basic Rent and Tenant’s Proportionate Share of Operating Expense Rental and Real Estate Tax Rental for the level of prevailing tenant improvements, they will look to the leases signed within the prior six (6) months for space on the first floor of the following buildings: 1800 0xx Xxxxxx, Xxxxx XxXexxxx Xxxlding and the Metropolitan Park Buildings. If there are no leases signed within that time period Expansion Space for the first floor space in those buildingsone hundred twenty (120) days following the Expansion Date) and Landlord will provide Tenant with the same per square foot Tenant Work Allowance as provided for the Premises, then multiplied times a fraction, the parties will use leases signed within numerator of which is the last six (6) number of months for space remaining in the top 35% Term as of floor space in those buildings. The parities agree to select an independent appraiser who will contact the owners date of those buildings, obtain the most recent lease rates for Expansion Date and the applicable space, average the result (if there are more than one) and produce the figure denominator of which shall be considered the "New Rent". The appraiser shall also determine the average level of tenant improvements provided by landlords for those comparable leases and that is the level number of tenant improvements to be provided by Lessor months in the Expansion Space, at Lessor's expense. The party who is furthest from the appraiser's New Rent shall pay the fee of the appraiser, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after determination of the New Rent, who's determination will be binding. Lessor shall prepare and Lessee shall execute a lease amendment for the extension within thirty (30) days after Lessee's not)notification to Lessor of its intent to expand. In addition, Lessee shall pay the reasonable costs to relocate the existing tenant from the Expansion Space as may be provided in that tenant's lease, to another location in the building, including the cost of equivalent tenant improvements in the new spaceTerm.

Appears in 1 contract

Samples: Office Lease (RigNet, Inc.)

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