Common use of Notice and Exercise Clause in Contracts

Notice and Exercise. Provided no default by Tenant shall have occurred and be continuing under this Lease and subject to Sections 4.9.7 and 8.21 and the terms hereinafter set forth, Tenant shall have the option, upon written notice (the "Expansion Notice") given to Landlord no later than forty-eight (48) months before the Stated Expiration Date, to expand the Premises by one additional full floor (or between forty thousand and forty-nine thousand square feet of Rentable Area), as selected by Tenant within the Expansion Envelope (the "Expansion Space"). The "Expansion Envelope" shall be defined as Floors 2 (subject to Sections 8 and 9 of this Exhibit E), 4 and 6 of Transamerica Square or, if Landlord has relocated, or notified Tenant that it will relocate, Tenant to Comparable Space, then the Expansion Envelope shall be space within the new building which has been pre-selected pursuant to Section 8.21. Landlord shall deliver the Expansion Space to Tenant as soon as reasonably possible after Landlord's receipt of Tenant's notice of exercise of Tenant's option, but not later than twelve (12) months after Landlord's receipt of the Expansion Notice. If Tenant's Expansion Notice so requests, and Landlord has the ability to deliver without incurring substantial additional expense, then Landlord shall deliver the Expansion Space to Tenant within six (6) months following receipt of the Expansion Notice, or as soon thereafter as reasonably possible. The Base Rent for the Expansion Space shall be the fair market value rental rate for Comparable Space leased by non-renewal, nonequity tenants with creditworthiness similar to Tenant's (the "Market Rate") taking into consideration factors such as lease commissions, construction allowances, lease term, square footage, and creditworthiness of Tenant. Tenant's occupancy of the Expansion Premises shall be subject to all other terms and conditions of this Lease and shall, in addition, be subject to Tenant's obligation to pay Tenant's proportionate share of operating expenses of the Building.

Notice and Exercise. Provided no default by Tenant shall have Event of Default has occurred and be is -------------------- continuing under this Lease and subject to Sections 4.9.7 and 8.21 and the terms hereinafter set forthLease, Tenant is hereby granted the option to extend the Term once for an additional period of five (5) years (the "Renewal Term") commencing upon the expiration of the initial Term on the same terms and conditions (except as provided in this Section) as contained in the other provisions of this Lease. This option shall have the option, upon be exercised only by delivery of written notice (the "Expansion Renewal Notice") given to Landlord no later than forty-eight nine (489) months before prior to the Stated scheduled Expiration Date, Date referred to expand in Paragraph 2 of this Lease. The Minimum Rental for the Premises by one additional full floor (or between forty thousand and forty-nine thousand square feet of Rentable Area), as selected by Tenant within the Expansion Envelope (the "Expansion Space"). The "Expansion Envelope" shall be defined as Floors 2 the then fair market rental (subject "Market Rate") applicable to Sections 8 and 9 of this Exhibit E), 4 and 6 of Transamerica Square or, if Landlord has relocated, or notified Tenant that it will relocate, Tenant to Comparable Space, then the Expansion Envelope shall be space within the new building which has been pre-selected pursuant to Section 8.21Premises. Landlord shall deliver the Expansion Space to Tenant as soon as reasonably possible after Upon Landlord's receipt of Tenant's notice election to extend the Term as herein provided, Landlord shall notify Tenant in writing of exercise Landlord's determination of the Market Rate for the Renewal Term. If Tenant disagrees with the Market Rate specified by Landlord for the Renewal Term, and Landlord and Tenant cannot, using good faith reasonable efforts, agree upon a mutually acceptable Market Rate for the Renewal Term, Tenant may, as Tenant's optionsole right and remedy, but not later than twelve revoke its election to extend the Term by so notifying Landlord in writing within thirty (1230) months after days following Landlord's receipt of the Expansion Notice. If Tenant's Expansion Renewal Notice so requests, and Landlord has the ability to deliver without incurring substantial additional expense, then Landlord shall deliver the Expansion Space to Tenant within six (6) months following receipt of the Expansion Notice, or as soon thereafter as reasonably possible. The Base Rent for the Expansion Space shall be the fair market value rental rate for Comparable Space leased by non-renewal, nonequity tenants with creditworthiness similar to Tenant's (the "Tenant Review Period"). In the event Landlord and Tenant cannot agree upon a mutually acceptable Market Rate") taking into consideration factors Rate for the Extension Term and Tenant fails to revoke its election to extend the Term prior to the expiration of the Tenant Review Period, the Market Rate for the Renewal Term shall be determined in accordance with Section 2 hereunder and such as lease commissionsdetermination shall be final and binding upon both Landlord and Tenant. Notwithstanding anything contained herein to the contrary, construction allowancesupon the expiration of the Tenant Review Period, lease term, square footage, and creditworthiness of TenantTenant shall have no right to rescind or otherwise revoke its election to extend the Term. Tenant's occupancy of the Expansion Premises during any renewal period shall be subject to all other terms and conditions of this Lease and shallLease, in additionexpressly including without limitation, be subject to Tenant's the obligation to pay Tenant's proportionate share of operating expenses of the Buildingtaxes, insurance premiums and common area maintenance costs; provided, however, Landlord shall have no obligation to provide any upfitting allowance for the Renewal Term and Tenant agrees to continue leasing the Premises in its "as-is" condition.

Notice and Exercise. Provided no default by Tenant shall have Event of Default has occurred and be is ------------------- continuing under this Lease and subject to Sections 4.9.7 and 8.21 and the terms hereinafter set forthLease, Tenant is hereby granted the option to extend the Term once for an additional period of five (5) years (the "Extenstion Term") commencing upon the expiration of the initial Term on the same terms and conditions (except as provided in this Section) as contained in the other provisions of this Lease. This option shall have the option, upon be exercised only by delivery of written notice (the "Expansion Renewal Notice") given to Landlord no later than forty-eight seven (487) months before prior to the Stated scheduled Expiration Date, Date referred to expand in Paragraph 2 of this Lease. The Minimum Rental for the Premises by one additional full floor (or between forty thousand and forty-nine thousand square feet of Rentable Area), as selected by Tenant within the Expansion Envelope (the "Expansion Space"). The "Expansion Envelope" shall be defined as Floors 2 the greater of: (subject to Sections 8 and 9 i) the Minimum Rental during the last Lease Year of this Exhibit E), 4 and 6 of Transamerica Square or, if Landlord has relocatedthe initial Term, or notified Tenant that it will relocate, Tenant (ii) the then fair market rental ("Market Rate") applicable to Comparable Space, then the Expansion Envelope shall be space within the new building which has been pre-selected pursuant to Section 8.21Premises. Landlord shall deliver the Expansion Space to Tenant as soon as reasonably possible after Upon Landlord's receipt of Tenant's notice election to extend the Term as herein provided, Landlord shall notify Tenant in writing of exercise Landlord's determination of the Minimum Rental for the Extension Term. If Tenant disagrees with the Minimum Rental specified by Landlord for the Extension Term, and Landlord and Tenant cannot, using good faith reasonable efforts, agree upon a mutually acceptable Minimum Rental for the Extension Term, Tenant may, as Tenant's optionsole right and remedy, but not later than twelve revoke its election to extend the Term by so notifying Landlord in writing within thirty (1230) months after days following Landlord's receipt of the Expansion Notice. If Tenant's Expansion Renewal Notice so requests, and Landlord has the ability to deliver without incurring substantial additional expense, then Landlord shall deliver the Expansion Space to Tenant within six (6) months following receipt of the Expansion Notice, or as soon thereafter as reasonably possible. The Base Rent for the Expansion Space shall be the fair market value rental rate for Comparable Space leased by non-renewal, nonequity tenants with creditworthiness similar to Tenant's (the "Market RateTenant Review Period") taking into consideration factors such as lease commissions). In the event Landlord and Tenant cannot agree upon a mutually acceptable Minimum Rental for the Extension Term and Tenant fails to revoke its election to extend the Term prior to the expiration of the Tenant Review Period, construction allowances, lease term, square footagethe Minimum Rental for the Extension Term shall be determined in accordance with Section 2 hereunder, and creditworthiness such determination shall be final and binding upon both Landlord and Tenant. Notwithstanding anything contained herein to the contrary, upon the expiration of Tenantthe Tenant Review Period, Tenant shall have no right to rescind or otherwise revoke its election to extend the Term. Tenant's occupancy of the Expansion Premises during any renewal period shall be subject to all other terms and conditions of this Lease and shallLease, in additionexpressly including without limitation, be subject to Tenant's the obligation to pay Tenant's proportionate share of operating expenses of the Buildingtaxes, insurance premiums and common area maintenance costs.

Notice and Exercise. Provided no default by Tenant shall have Event of Default has occurred and be is continuing under this Lease and subject to Sections 4.9.7 and 8.21 and the terms hereinafter set forthLease, Tenant is hereby granted the option to extend the Term once for an additional period of five (5) years (the "Renewal Term") commencing upon the expiration of the initial Term on the same terms and conditions (except as provided in this Section) as contained in the other provisions of this Lease. This option shall have the option, upon be exercised only by delivery of written notice (the "Expansion Renewal Notice") given to Landlord no later than forty-eight nine (489) months before prior to the Stated scheduled Expiration Date, Date referred to expand in Paragraph 2 of this Lease. The Minimum Rental for the Premises by one additional full floor (or between forty thousand and forty-nine thousand square feet of Rentable Area), as selected by Tenant within the Expansion Envelope (the "Expansion Space"). The "Expansion Envelope" shall be defined as Floors 2 the then fair market rental (subject "Market Rate") applicable to Sections 8 and 9 of this Exhibit E), 4 and 6 of Transamerica Square or, if Landlord has relocated, or notified Tenant that it will relocate, Tenant to Comparable Space, then the Expansion Envelope shall be space within the new building which has been pre-selected pursuant to Section 8.21Premises. Landlord shall deliver the Expansion Space to Tenant as soon as reasonably possible after Upon Landlord's receipt of Tenant's notice election to extend the Term as herein provided, Landlord shall notify Tenant in writing of exercise Landlord's determination of the Market Rate for the Renewal Term. If Tenant disagrees with the Market Rate specified by Landlord for the Renewal Term, and Landlord and Tenant cannot, using good faith reasonable efforts, agree upon a mutually acceptable Market Rate for the Renewal Term, Tenant may, as Tenant's optionsole right and remedy, but not later than twelve revoke its election to extend the Term by so notifying Landlord in writing within thirty (1230) months after days following Landlord's receipt of the Expansion Notice. If Tenant's Expansion Renewal Notice so requests, and Landlord has the ability to deliver without incurring substantial additional expense, then Landlord shall deliver the Expansion Space to Tenant within six (6) months following receipt of the Expansion Notice, or as soon thereafter as reasonably possible. The Base Rent for the Expansion Space shall be the fair market value rental rate for Comparable Space leased by non-renewal, nonequity tenants with creditworthiness similar to Tenant's (the "Tenant Review Period"). In the event Landlord and Tenant cannot agree upon a mutually acceptable Market Rate") taking into consideration factors Rate for the Extension Term and Tenant fails to revoke its election to extend the Term prior to the expiration of the Tenant Review Period, the Market Rate for the Renewal Term shall be determined in accordance with Section 2 hereunder and such as lease commissionsdetermination shall be final and binding upon both Landlord and Tenant. Notwithstanding anything contained herein to the contrary, construction allowancesupon the expiration of the Tenant Review Period, lease term, square footage, and creditworthiness of TenantTenant shall have no right to rescind or otherwise revoke its election to extend the Term. Tenant's occupancy of the Expansion Premises during any renewal period shall be subject to all other terms and conditions of this Lease and shallLease, in additionexpressly including without limitation, be subject to Tenant's the obligation to pay Tenant's proportionate share of operating expenses of the Buildingtaxes, insurance premiums and common area maintenance costs; provided, however, Landlord shall have no obligation to provide any upfitting allowance for the Renewal Term and Tenant agrees to continue leasing the Premises in its "as-is" condition.