Common use of Lease Extension Clause in Contracts

Lease Extension. Lessee may request Lessor to extend the original Scheduled Expiration Date of each Lease Agreement for an additional period of three (3) years by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit G(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement. Any failure by Lessor or any Participant so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor and the Participants in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any time.

Lease Extension. Lessee may request Lessor If this Lease shall not have been terminated --------------- pursuant to any provisions hereof and there is no Material Breach (as defined herein) by Tenant hereunder at the time set for exercise of the Extension Terms (as herein defined) and at the time set for commencement thereof, then Tenant may, at Tenant's option, extend the original Scheduled Expiration Date term of each this Lease Agreement for an five (5) successive additional period terms of three four (34) years by appropriately completing, executing and delivering to Agent a written request in each (each an "Extension Term," collectively the form "Extension Terms") commencing on the expiration of Exhibit G(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the original Scheduled Expiration Dateterm, or the immediately preceding Extension Term, as the case may be. Agent shall promptly deliver to Lessor and each Participant three Tenant may exercise such option by giving Landlord written notice at least ten (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (710) months prior to the expiration of the original Scheduled Expiration Date for or the applicable immediately preceding Extension Term, as the case may be. Upon the giving by Tenant to Landlord of such written notice and the compliance by Tenant with the foregoing provisions of this Paragraph 15, this Lease Agreement. Any failure by Lessor or any Participant so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to be automatically extended upon all the first sentence of this Subparagraph 2.09(b)Covenants, then not later than the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreementagreements, Agent shall notify Lesseeterms, Lessor provisions and the Participants in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" conditions set forth in Subparagraph 2.02(athis Lease, except that Base Rent for each such Extension Term shall be as provided on Exhibit D. If Tenant fails or omits to so give to Landlord the written notice referred to above, Landlord shall provide Tenant with written notice of Tenant's failure to exercise the Extension Term, and upon receipt of such notice, Tenant shall be allowed fifteen (15) days to exercise the extension option allowed for herein. If Landlord fails to provide such notice, Tenant's renewal option shall expire upon the expiration of the applicable Lease Agreement then current term. Failure to respond to Landlord's notice within such fifteen (15) days shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt be a waiver by Agent Tenant of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the its extension of the Scheduled Expiration Date for either Lease Agreement at any timeoption hereunder.

Lease Extension. Lessee may request Lessor Subject to the provisions of the Lease, Landlord hereby grants to Tenant the option (“Extension Option”) to extend the original Scheduled Expiration Date term of each the Lease Agreement for an additional period one (1) extension term of three up to five (35) years in accordance with the provisions set forth in this Section 5 (the “Extension Renewal Term”). If the Term of the Lease is so extended, the extension shall be on the same terms and conditions as are applicable during the initial Term, as extended by appropriately completingthis Addendum No. 5, executing and delivering to Agent a written request except that the Base Rent during the Extension Renewal Term shall be at the “Prevailing Rental Rate” which shall mean the rental rate determined for the most comparable office space located in the form Building as of Exhibit G(2)the date of the Extension Notice (defined below) and taking into account all relevant factors including, together with an attachment thereto setting forth without limitation, any applicable tenant improvement allowance, Base Year and expense then in effect, but in no event less than the terms upon which Lessee would propose for Rent under the requested extension Lease as of the date of the Extension Notice. If Tenant desires to exercise the Extension Option, it shall send notice thereof (a "Lease the “Extension Request"). Lessee shall deliver each Lease Extension Request Notice”) to Agent not Landlord no more than twelve three hundred (12300) months and not nor less than nine two hundred seventy (9270) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months calendar days prior to the original Scheduled Expiration Date expiration of the Extension Term. Landlord and Tenant shall endeavor in good faith to determine the Prevailing Rental Rate within thirty (30) calendar days after Landlord’s receipt of Tenant’s Extension Notice. If they cannot agree within thirty (30) calendar days, each shall appoint an appraiser who shall arrive at an estimate of the Prevailing Rental Rate within thirty (30) calendar days. If such estimates are within five percent (5%) of each other, the average of the two shall be the new Base Rent for the applicable Lease AgreementExtension Renewal Term. Any failure by Lessor or any Participant so If the estimates are more than five percent (5%) apart, each appraiser shall select a third appraiser within five (5) calendar days or, if they fail to execute do so, Landlord shall select a third appraiser. The third appraiser shall prepare an estimate of the Prevailing Rental Rate as provided above within thirty (30) calendar days and return a Lease Extension Request the two closest of the three estimates shall be deemed a denial thereofaveraged to determine the new Base Rent for the Extension Renewal Term. No later than one hundred fifty (150) calendar days prior to the expiration of the Extension Term, Landlord and Tenant shall execute an amendment to the Lease (the “Extension Amendment”) stating the new Base Rent and expiration date of the Lease Term. If Lessee such an Extension Amendment is not fully executed for any reason as provided above, the Term shall deliver not be extended and the Extension Option hereunder shall terminate. Notwithstanding the foregoing, Tenant shall not be entitled to extend this Lease if an uncured Event of Default has occurred under any term or provision contained in the Lease Agreement or a Lease Extension Request to Lessor condition exists which with the passage of time or the giving of notice, or both, would constitute an Event of Default pursuant to the first sentence Lease Agreement as of the date of exercise of this Subparagraph 2.09(b)Extension Option. The rights contained in this Section 5 shall be personal to the originally named Tenant and may be exercised only by the originally named Tenant and any Related Entity (and not any other assignee, then not later than sublessee or other Transferee of Tenant’s interest in this Lease) and only if the last Business Day which originally named Tenant or Related Entity occupies the entire Premises as of the date it exercises the Extension Option in accordance with the terms of this Section 5. If Tenant properly exercises the Extension Option and is not less than six (6) months prior in default under this Lease at the end of the Extension Term, as it applies to the original Scheduled Expiration Date entire Premises then leased by Tenant, shall be extended for the applicable Lease Agreement, Agent shall notify Lessee, Lessor Extension Renewal Term and the Participants Base Year shall be included among the factors considered in writing whether (i) Agent has received determining the Prevailing Rental Rate. If Tenant fails to deliver a copy timely Extension Notice, Tenant shall be considered to have elected not to exercise the Extension Option. Any termination of the Lease during the Extension Request executed by Lessor and each ParticipantTerm shall terminate all renewal or lease extension rights hereunder. The extension rights of Tenant hereunder shall not be severable from the Lease, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement shall nor may such rights be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee assigned or otherwise conveyed in connection with such extension), or (ii) Agent has not received a copy any permitted assignment of the Lease. During the Extension Renewal Term (a) no rent abatement or other concession, if any, applicable to the initial Lease Term or Extension Request executed by Lessor Term shall apply to the Extension Renewal Term, and each Participant, in which case such Lease Extension Request (b) all leasehold improvements within the Expanded Premises shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised provided in their then-existing condition (either expressly or implicitly), or has any obligation or commitment, to extend or consent to on an “as-is” basis) at the extension of time the Scheduled Expiration Date for either Lease Agreement at any timeExtension Renewal Term commences.

Lease Extension. Lessee (a) If this Lease, shall not have been terminated pursuant to any provisions hereof and no material defaults then exist of which Tenant has received notice, then Tenant may, at Tenant’s option, extend the term of this Lease for Two (2) successive additional terms of Five (5) years each, commencing on the expiration of the original term, or the immediately preceding additional term as the case may request Lessor be. Tenant shall give Landlord nonbinding notice of intent to extend the original Scheduled Expiration Date of each Lease Agreement for an additional period of three (3) years by appropriately completing, executing and delivering or not to Agent a written request in the form of Exhibit G(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent extend not more later than twelve (12) months and prior to expiration of the then term. Tenant may exercise such option by giving Landlord written notice at least two hundred seventy (270) days prior to the expiration of the original or additional term as the case may be. If after giving nonbinding notice of its intent to extend, Tenant decides not less than nine to extend, the Lease term shall be extended to be twelve (912) months before from notice to Landlord not to extend. Upon the original Scheduled Expiration Dategiving by Tenant to Landlord of such written notice and the compliance by Tenant with the foregoing provisions of this Paragraph 14, this Lease shall be deemed to be automatically extended upon all the covenants, agreements, terms, provisions, and conditions, set forth in this Lease except for such terms and conditions as are expressly inapplicable during any additional term or in connection with this Paragraph 14 and except for rent which shall be determined in accordance with the provisions of Paragraph 14(b). Agent If Tenant fails or omits to so give to Landlord the first written notice referred to above, it shall be deemed, without further notice and without further agreement between the parties hereto, that Tenant elected not to exercise the options granted Tenant pursuant to this Paragraph 14, to extend the term of this lease for additional periods. This extension option is personal to Xerox Corporation and shall expire upon expiration of any sublease coterminus with the then term or upon assignment to any entity other than an assignee for whom consent is not required under Paragraph 13. (b) The rental rate for each Option Period shall be determined as follows: (i) The parties shall have fifteen (15) days after Landlord receives Tenant’s Notice within which to agree on the rental rate for the Option Period in question based upon ninety-five percent (95%) of then fair market rental value of the Premises as defined in Paragraph 2(c). If the parties agree on the rental rate for that Option Period within fifteen (15) days, they shall immediately execute an amendment to this Lease stating the rental rate for that Option Period. (ii) If the parties are unable to agree on the rental rate for an Option Period within such fifteen (15) day period, then, the rental rate for that Option Period shall be ninety-five percent (95%) of then current fair market rental value of the Premises as determined in accordance with Paragraph 14(b)(iv) below. (iii) The “then fair market value of the Premises” shall be defined to mean the fair market rental value of the Premises as of the commencement of the Option Period in question, taking into consideration the uses permitted under this Lease, the quality, size, design and location of the Premises; tenant improvement allowances, free rent periods and other adjustments; and the rent for comparable buildings located in comparable areas of Santa ▇▇▇▇▇ County; but excluding the value of any improvements made to the Premises by Tenant at Tenant’s expense. (iv) Within seven (7) days after the expiration of the fifteen (15) day period set forth in Paragraph 14 (b)(i), each party, at its cost and by giving notice to the other party, shall appoint an M.A.I. real estate appraiser with at lease five (5) years’ full-time commercial appraisal experience in northern ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ and southern San Mateo County to appraise and set the then fair market rental value of the Premises for the Option Period in question. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the then fair market rental value of the Premises. If the two (2) appraisers are appointed by the parties as stated in this paragraph, they shall meet promptly deliver and attempt to Lessor set the then fair market rental value of the Premises. If they are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to select a third appraiser meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) appraisers are given to set the then fair market rental value of the Premises. If they are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days’ notice to the other party, can apply to the then President of Santa ▇▇▇▇▇ County Real Estate Board, or the then Presiding Judge of the Santa ▇▇▇▇▇ County Superior Court, for the selection of a third appraiser who meets the qualifications stated in this paragraph. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and each Participant of paying the third appraiser’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the then fair market rental value of the Premises. If a majority of the appraisers are unable to set the then fair market rental value of the Premises within the stipulated period of time, the three (3) copies appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the then fair market rental value of each Lease Extension Request received by Agentthe Premises. If, however, the low appraisal and/or the high appraisal are/is more than ten percent (10%) lower and/or higher than the the middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If Lessor or a Participantonly one appraisal is disregarded, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning the remaining two (2) copies appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the then fair market rental value of the Premises. If both the low appraisal and the high appraisal are disregarded as stated in this paragraph, the middle appraisal shall be the then fair market rental value of the Premises. After the then fair market rental value of the Premises has been set, the appraisers shall immediately notify the parties and the parties shall amend this Lease within fifteen (15) days of such Lease Extension Request notice to Agent not later than set forth ninety-five percent (95%) of such amount as the last Business Day which is not less than seven (7) months prior to the original Scheduled Expiration Date rental rate for the applicable Lease Agreement. Any failure by Lessor or any Participant so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor and the Participants Option Period in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any timequestion.

Lease Extension. Lessee may request Lessor 33.1 Provided that at the end of the primary term of this Lease, Tenant not be in default of any term, condition or covenant contained in this Lease, Tenant (but not any assignee or subtenant other than Permitted Transferees) shall have the right and option to extend the original Scheduled Expiration Date base to of each Lease Agreement for an additional period of three this Lease, by written notice delivered to Landlord no later than August 4, 2006 (3as to the first extension) years by appropriately completingand August 4, executing and delivering 2011 (as to Agent a written request in the form of Exhibit G(2second extension), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies successive additional terms of such Lease Extension Request to Agent not later than five (5) years, under the last Business Day which is not less than seven (7) months prior to the original Scheduled Expiration Date same terms, conditions, and covenants contained herein, except: A. Tenant shall have no further extension options unless expressly granted by Landlord in writing; and B. The rental for the applicable Lease Agreement. Any failure by Lessor or any Participant so to execute and return a Lease Extension Request extension term shall be deemed based on rental rates for recent leases within the Project and on the then prevailing rental rates for properties of equivalent quality, size, utility and location, with the length of the lease term, and credit standing of the Tenant herein, to be taken into account. 33.2 Upon notification from Tenant of the exercise of this extension option, Landlord shall within thirty (30) days thereafter notify Tenant in writing of the proposed rental for the extension term; Tenant shall within fifteen (15) days following receipt of same notify Landlord in writing of the acceptance or rejection of the proposed rental. Tenant's failure to timely provide such notice shall constitute acceptance of the proposed rental. In the event of rejection by Tenant, the extension rentals shall be determined as follows: 33.3 Within fifteen (15) days following notification of rejection, Landlord and Tenant shall each appoint a denial thereofdisinterested and qualified real estate professional. If Lessee these two real estate professionals cannot agree upon an extension rental within thirty (30) days following their appointment, the two appointees shall deliver forthwith select a Lease Extension Request to Lessor pursuant to third disinterested and qualified real estate professional, and the first sentence decision of any two appraisers shall be binding. Notification in writing of this Subparagraph 2.09(b)decision shall be made by the appraisers to Landlord and Tenant within thirty (30) days following the selection of the third appraiser. Landlord and Tenant shall bear the expense of the appraiser appointed by each, then not later than the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor and the Participants in writing whether (i) Agent has received a copy expense of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement third appraiser shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt shared equally by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any timeboth parties.

Lease Extension. Lessee may request Lessor Landlord and Tenant acknowledge and agree that Tenant shall, concurrently with their execution of this Agreement, enter into a formal amendment to extend the original Scheduled Expiration Date of each Lease Agreement for an additional period of three (3) years by appropriately completingLease, executing and delivering to Agent a written request in the form of the Third Amendment to Office Lease Agreement attached hereto as Exhibit G(2A (the “Lease Amendment”), together whereby the term of the Lease shall be extended to December 31, 2017. Ratification Landlord and Tenant hereby ratify and confirm their obligations under the Lease. Additionally, both the Landlord and the Tenant confirm and ratify that, as of the date hereof, the Lease, as amended by the Lease Amendment, is and remains in good standing and in full force and effect. Further, Landlord ratifies and confirms that (a) to Landlord's actual knowledge, there is no existing default by Landlord or Tenant under the Lease, and (b) Landlord knows of no event which, with an attachment thereto setting forth notice or the terms upon which Lessee passage of time or both, would propose for constitute a default under the requested extension Lease. Further, Tenant ratifies and confirms that (a) to the Tenant's actual knowledge, there is no existing default by Tenant or Landlord under the Lease, and (b) Tenant knows of no event which, with notice or the passage of time or both, would constitute a default under the Lease. Default If Tenant shall default on any of the obligations contained in this Agreement (including, without limitation, the obligations described under the headings “Cash Payments,” “Stock Issuances,” and “Lease Extension” above) and such default remains uncured after fourteen (14) days of written notice to Tenant (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement. Any failure by Lessor or any Participant so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b“Default”), then not later than the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor this Agreement may be terminated immediately by Landlord and the Participants in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor such termination shall render this Agreement null and each Participantvoid, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a(ii) of the applicable Lease all past-due Base Rent and expenses otherwise satisfied pursuant to this Agreement shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (immediately due and payable and subject to all terms under the receipt by Agent of any amounts payable by Lessee in connection with such extension)Lease, or and (ii) Agent has not received a copy of all past-due amounts under the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request Matured Notes shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, immediately due and payable and subject to extend or consent to all terms under the extension of the Scheduled Expiration Date for either Lease Agreement at any timeDelinquent Notes.

Lease Extension. Lessee may request Lessor In the event the building shell to be constructed by Cameron Technology Investors, Ltd. for Advanced Energy Industries, Inc. within the Cameron Technology Center is not substantially complete by February 15, 1999, Landlord shall agree to automatically extend the original Scheduled Expiration Date of each this Lease Agreement for an additional a period of three (3) years by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit G(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement. Any failure by Lessor or any Participant so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) additional months prior to from the original Scheduled Expiration Date for date the applicable Lease Agreement, Agent shall notify Lessee, Lessor would have otherwise expired as specified in this Lease. All other terms and conditions within the Participants in writing whether (i) Agent has received a copy of Lease will remain the same during the Lease Extension Request executed period. Landlord's Initials _____ Tenant's Initials _____ EXHIBIT "C" BUSINESS PARK RULES AND REGULATIONS The following rules and regulations shall apply where applicable, to the Premises, the Building, the Project, the driveways and parking areas, the land situated beneath the Premises, Building, and Project and the appurtenances thereto: 1. Sidewalks, doorways, halls stairways and other similar areas shall not be obstructed by Lessor Tenant or used by any Tenant for any purpose other than ingress and each Participant, in which case egress to and from the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) Premises and for going from one to another part of the applicable Lease Agreement Building. 2. Plumbing fixtures and appliances shall be deemed extended used only for the purposes for which designed, and no sweepings, rubbish, rags or other unsuitable material shall be thrown or placed therein. Damage resulting to any such fixtures or appliances from misuse by a Tenant or such Tenant's agents, employees or invitees, shall be paid by such Tenant, and Landlord shall not in any case be responsible therefor. 3. No signs, advertisements or notices shall be painted or affixed on or to any windows or doors or other exterior part of the Building or the Premises except of such color, size and style and in such places as shall be first approved by, Landlord. Landlord, at Tenant's sole cost and expense, shall install all letters or numerals by or on doors in such Tenants Premises, which letters or numerals shall be in building standard graphics. No nails, hooks or screws shall be driven or inserted in any part of the Building outside the Premises except by the Building maintenance personnel nor shall any part of the Building be defaced by Tenant. No curtains or other window treatments shall be placed between the glass and the Building standard window treatments. 4. Landlord will provide and maintain a directory for all Tenants at the end of each building and no other directory shall be permitted unless previously consented to by Landlord in writing. 5. Two (2) keys to the date which is three (3) years after locks on the original Scheduled Expiration Date (subject exterior doors entering each Tenant's Premises shall be furnished by Landlord free of charge, with any additional keys to be furnished by Landlord to each Tenant, at Tenant's cost. Tenant shall not place any additional lock or locks on any door in or to its Premises without Landlord's prior written consent. All such keys shall remain the property of Landlord. Landlord will reduce $20.00 per key from Tenant's Security Deposit account for each key issued and not returned by Tenant at time of move out. 6. Landlord will provide within the Business Park a postal box for Tenants receipt of letter mail only. Landlord will issue to the receipt tenant two keys to the postal box. The box keys are not to be duplicated by Agent of any amounts payable by Lessee in connection with such extension), the Tenant. Tenant is held accountable for the keys and will bear the cost or (ii) Agent has not received a copy re-keying the locks should the Tenant fail to return all keys at the end of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any timeLease.

Lease Extension. Lessee may request will, at the expiration of the term of this Lease or at any earlier termination of this Lease, peaceable surrender to Lessor the Demised Premises, including any improvements or additions thereto. In the event Lessor has given ninety (90) days written notice to Lessee that Lessor does not wish to extend the original Scheduled Expiration Date term of each this Lease Agreement but instead desires possession of the Demised Premises, no receipt of money by Lessor from Lessee after termination of this Lease shall reinstate, confirm or extend the Lease, except as hereinafter stated, nor affect any prior notice given by Lessor to Lessee. However, if no such notice is given by Lessor to Lessee and Lessee has not given at least ninety (90) days written notice to Lessor that Lessee does not wish to extend this Lease at the expiration of the then current term, then this Lease shall automatically be extended for an additional a period of three (3) years by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit G(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior time equal to the original Scheduled Expiration Date for term of this Lease, and subject to the applicable Lease Agreement. Any failure same rentals, covenants and other provisions of this agreement until terminated by Lessor or any Participant so to execute and return a Lease Extension Request shall be deemed a denial thereofsuch ninety (90) days before the end of the then current term. If Lessee shall deliver a Lease Extension Request hold the Demised Premises or refuse to Lessor pursuant to give possession thereof after the first sentence termination of this Subparagraph 2.09(b)Lease by lapse of time or otherwise, and after having received ninety (90) days notice from Lessor to vacate, then not later than Lessee agrees to pay for each month of such holding as liquidated damages, twice the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor and the Participants in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any timeamount above stipulated as monthly rental.

Lease Extension. Lessee may request Lessor to extend If the original Scheduled Expiration Date term of each the Net Lease Agreement for an additional period of three dated October 26, 2005, between NPA Hartford LLC and Colt Defense (3the “Master Lease”) years is extended beyond October 25, 2012 (whether by appropriately completingamendment, executing and delivering to Agent a written request in the form of Exhibit G(2replacement or otherwise), together with an attachment thereto setting forth then (a) the terms upon term of the First Amended and Restated Sublease Agreement dated October 26, 2005, between CMC and Colt Defense (the “Sublease”), pursuant to which Lessee would propose CMC subleases from Colt Defense a portion of the Facility leased by Colt Defense under the Master Lease shall automatically be extended until the earlier of (i) the termination of this Agreement and (ii) the expiration of the Master Lease (as so extended); (b) the rent payable by CMC under the Sublease for each month during such extended term shall in no event be more than 35% of the monthly Fixed Rent paid by Colt Defense for the requested extension Facility for the same period under the Master Lease (a "Lease Extension Request"as so extended); (c) all other direct and indirect economic terms of the Sublease (including, without limitation, real estate taxes, insurance costs and security deposits) shall be proportional and consistent with Colt Defense’s obligations under the Master Lease; and (d) all other terms of the Sublease shall continue in full force and effect with no changes that are adverse to CMC. Lessee For purposes of clarification, it is understood that the extended or amended sublease shall deliver each Lease Extension Request not require CMC to Agent assume greater environmental liabilities than it has assumed under the Sublease and will not more than twelve (12) months alter the responsibility of either company for environmental obligations and not less than nine (9) months before liabilities that were effectuated by the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies Asset Contribution Agreement dated as of each Lease Extension Request received by Agent. If Lessor November 4, 2002, as amended or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months supplemented prior to the original Scheduled Expiration Date for date hereof. Colt Defense will promptly notify CMC in writing of any extension, amendment, replacement or other modification of the applicable Master Lease Agreement. Any failure by Lessor or any Participant so to and, if the Sublease is extended as provided above, the parties shall promptly execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant an amendment to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior Sublease giving effect to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor and the Participants in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any timeforegoing.

Lease Extension. Lessee may request Lessor Provided that this Lease is in full force and effect, Tenant has not been in default under the terms of this Lease at any time during the term of the Lease or at the time that Tenant exercises its option to extend the term or at the commencement of such extension term and further provided that Tenant has not assigned or sublet the original Scheduled Expiration Date of each Lease Agreement for an additional period of three (3) years by appropriately completingPremises and, executing and delivering to Agent a written request in the form of Exhibit G(2)event Tenant has exercised -------- --------------------------------------- its Option To Expand, together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent Tenant has not sublet or assigned more than twelve 25% of ----------------------------------------------------------------------------- the Total Rentable Floor Area of the Building, [Stricken Language] and ---------------------------------------------- Tenant is the then occupant of the [Stricken Language] Premises, Tenant shall have the right to extend the term hereof for one (121) months and not less than additional term of (5) five years to commence immediately upon the expiration of the initial term by written notice ("Tenant Extension Notice") to the Landlord given on or before that date which is nine (9) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the original Scheduled Expiration Date for expiration of the applicable initial Term. If Tenant does not provide written notice of its option to extend on or before the Exhibit B, Rider To Lease AgreementPhotoelectron pg. Any failure by Lessor or any Participant so 2 of 3 dates specified herein, Tenant's option to execute and return a Lease Extension Request extend shall be deemed a denial thereofnull and void and Tenant shall have no right to extend the Term. Such extension term shall be upon all of the same terms and conditions described herein with the exception that Annual Rent payable shall be the then Fair Market Rent. Landlord shall not be responsible for any leasehold improvements to the Premises during the Extension Term. If Lessee shall deliver a Lease Extension Request Tenant does not provide written notice of its option to Lessor pursuant extend on or before the dates specified herein, Tenant's option to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor and the Participants in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement extend shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor null and each Participant, in which case such Lease Extension Request void and Tenant shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, have no right to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any timeTerm.

Lease Extension. Lessee may request Lessor If this Lease shall not have been terminated pursuant to any provisions hereof and Tenant is not in default under the terms hereunder, then Tenant may, at Tenant's option, extend the original Scheduled Expiration Date term of each this Lease Agreement for an one (1) successive additional period term of three (3) years by appropriately completingyears, executing commencing on the expiration of the original term, or the immediately preceding additional term as the case may be, and delivering to Agent a written request in the form of Exhibit G(2), together with an attachment thereto setting forth event Tenant has elected to exercise its option to lease additional space pursuant to Paragraph 25 the terms upon which Lessee would propose option provided for the requested extension (a "Lease Extension Request")herein shall include such additional space. Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than At least nine (9) months before prior to the original Scheduled Expiration Dateexpiration of the initial term or any extended term, as the case may be, Tenant shall request from Landlord the fair market rental rate being charged in the Building, should Tenant desire to extend the term of this Lease. Agent shall promptly deliver to Lessor and each Participant three At least eight (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) 8) months prior to the original Scheduled Expiration Date expiration of the initial or any extended term Landlord shall notify Tenant, in writing, the applicable rental rate for the applicable Lease Agreementnext succeeding option period. Any failure Tenant may exercise such option by Lessor or any Participant so to execute and return giving Landlord written notice by a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day date which is not less than the later to occur of (a) six (6) months prior to the expiration of the original Scheduled Expiration Date for term or the additional term, as the case may be, and (b) sixty (60) days after receipt by Tenant of Landlord's notice of the applicable Lease Agreementrental rate, Agent shall notify Lesseeas hereinabove provided, Lessor and (c) fifteen (15) days after the fair market rental rate has been determined by arbitration. Upon the giving by Tenant to Landlord of such written notice and the Participants in writing whether (i) Agent has received a copy compliance by Landlord and Tenant with the foregoing provisions of this Paragraph 16, the term of this Lease Extension Request executed shall by Lessor deemed to be automatically extended upon all the covenants, agreements, terms, provisions and each Participantconditions, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(athis Lease, except rental which: (a) During the first renewal term shall be limited to a maximum of 90% of the applicable Lease Agreement then fair market rental rate, (b) Or if Tenant elects, the rental rate schedule shall be deemed extended as follows: $1.65 per rentable square foot for months 36 through 48, $1.70 per rentable square foot for months 49 through 60, $1.75 per rentable square foot for months 61 through 72, (c) Upon execution of this extension option, Landlord shall repaint the Demised Premises with two (2) coats of prime quality paint; repainting shall be performed in a workmanlike manner with a minimum of interference with Tenant's normal business operations and replace all carpeting, with a quality comparable to the date which is three (3) years after initial installation, in the original Scheduled Expiration Date (subject to the receipt by Agent of Demised Premises and in any amounts payable by Lessee adjoining lobby/reception area, and except for such terms and conditions as shall be inapplicable during any additional term or in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any timethis Paragraph 16.