Common use of Option Rent Clause in Contracts

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the Fair Market Rental Rate for the Premises. As used herein, the “Fair Market Rental Rate” shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology buildings in the Xxxxxx Xxxxx area of San Diego County, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the Fair Market Rental Rate for comparable office/laboratory space in the PremisesSouth San Francisco market. As used herein, the “Fair Market Rental Rate” shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project Building and in other comparable first-class biotechnology buildings in the Xxxxxx Xxxxx area of San Diego Mateo County, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable each Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then then-current Lease Term; or (ii) the Fair Market Rental Rate for the Premises. As used herein, the “Fair Market Rental Rate” for purposes of determining the annual Base Rent for the applicable Option Term shall mean the annual base rent at which non-equity tenants, as of the commencement of the such applicable Option Term, will be leasing non-sublease sublease, non-equity, unencumbered office space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Termterm, which comparable space is located in the Building, the Other Existing Buildings in the Project Building Complex and in other comparable first-class biotechnology medical office buildings located in the Xxxxxx Xxxxx area of San Diego CountyAntonio, Texas, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the such applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the such applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the such applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent base rent payable by Tenant during the applicable ----------- Option Term (the “"Option Rent”") shall be equal to the greater of: of (i) the annual Base Rent payable being paid by Tenant during immediately prior to the last year of the then current Lease Option Term; or , and (ii) the "Fair Market Rental Rate Rent" which for the Premises. As used herein, the “Fair Market Rental Rate” shall mean purposes hereof means the annual basic rent, taking into account whether the then current market is using leases based on a base rent year, an expense stop, or a triple net, at which tenants, as of the commencement of the applicable Option Term, will be are leasing non-sublease space comparable in size, location (including views) and quality to the Premises (and including comparable tenant improvements therein) for a comparable term as the applicable Option Termterm, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology office "flex"/research and development buildings with prudent ownership (with management practices comparable with institutional ownership), in the Xxxxxx Xxxxx area vicinity of San Diego Countythe Project (the "Project Area"), taking into consideration all free rent concessions and other out-of-pocket concessions inducements generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant)time. All other terms and conditions of the Lease shall apply throughout the applicable Option Term; provided, however, any obligation of Landlord to construct tenant improvements or provide an allowance shall not apply during the Option Term, except to the extent such provisions are included in the definition of Fair Market Rent, and Tenant shall, in no event, have the option to extend the initial Lease Term beyond the applicable Option Term described in Section 1 31.1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current initial Lease Term; or (ii) the Fair Market Rental Rate for the Premises. As used herein, the “Fair Market Rental Rate” shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology buildings in the Xxxxxx Xxxxx area of San Diego County, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current initial Lease Term; or (ii) the Fair Market Rental Rate for comparable office/laboratory space in the PremisesSan Diego market. As used herein, the “Fair Market Rental Rate” shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology buildings in the Xxxxxx Xxxxx area UTC/Eastgate submarket of San Diego County, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “"Option Rent”") shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current initial Lease Term; or (ii) the Fair Market Rental Rate for the PremisesComparable Buildings. As used herein, the “"Fair Market Rental Rate” " shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology buildings in Comparable Buildings (the Xxxxxx Xxxxx area of San Diego County"Market Area"), taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the Fair Market Rental Rate for the Premises. As used herein, the “Fair Market Rental Rate” shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project which are office and R&D buildings, and in other comparable first-class biotechnology office and R&D buildings in the Xxxxxx Xxxxx area of San Diego CountyEast Bay Office Market (collectively, the “Comparable Buildings”), taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Annual Base Rent for the Premises payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the “Fair Market Rental Rate Rate” for the PremisesPremises at the commencement of the Option Term. As used herein, the “Fair Market Rental Rate” for purposes of determining the Annual Base Rent for the Option Term shall mean the annual base rent Base Rent at which non-equity tenants, as of the commencement of the applicable Option Term, Term will be leasing non-sublease sublease, non-equity, unencumbered space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Termterm, which comparable space is located in the Building, the Other Existing Buildings in the Project Building and in other comparable first-class biotechnology buildings Comparable Buildings, taking into account and adjusting the Base Year to be the calendar year in which the Xxxxxx Xxxxx area of San Diego CountyOption Term commences, and taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to TenantTerm). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, (A) the Base Year shall be revised to be the first full calendar year after the Option Term commences, (B) Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above, unless otherwise agreed by Landlord, and (C) Landlord reserves the right of applying any then-current Building measurement standards for determining the Rentable Area of the Premises and/or the Rentable Office Area of the Building.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “"Option Rent”") shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current initial Lease Term; or (ii) the Fair Market Rental Rate for comparable office/laboratory space in the PremisesSan Diego market. As used herein, the “"Fair Market Rental Rate” " shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology buildings in the Xxxxxx Xxxxx area UTC/Eastgate/Campus Point submarket of San Diego County, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “"Option Rent”") shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the Fair Market Rental Rate for the Premises. As used herein, the “"Fair Market Rental Rate” " shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the BuildingBuildings, the Other Existing Buildings in the Project which are office and R&D buildings, and in other comparable first-class biotechnology office and R&D buildings in the Xxxxxx Xxxxx area of San Diego CountyEast Bay Office Market (collectively, the "Comparable Buildings"), taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “"Option Rent”") shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the "Fair Market Rental Rate Rate" for the Premises. As used herein, the “"Fair Market Rental Rate” " shall mean the annual base rent Base Rent at which non-equity tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Termterm, which comparable space is located in the Atlantic Building and/or the Challenger Building, the Other Existing Buildings other existing buildings in the Project which are office buildings, and in other comparable single story, first-class biotechnology office buildings in the Xxxxxx Xxxxx area of San Diego CountyAlameda Office Market (collectively, "Comparable Buildings"), taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease Lease, as hereby amended, shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Extended Term beyond the applicable Option Term described in this Section 1 above10.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current initial Lease Term; or (ii) the Fair Market Rental Rate for the Premises. As used herein, the “Fair Market Rental Rate” for purposes of determining the annual Base Rent for the Option Term shall mean the annual base rent Base Rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Termterm, which comparable space is located in the Building, the Other Existing Buildings in the Project (if any) and in other comparable first-first class biotechnology office buildings in the Xxxxxx Xxxxx area general vicinity of San Diego Countythe Building in the City of Santa Cxxxx, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option TermTerm and the Premises shall be delivered in their “as is” condition; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “"Option Rent”") shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the "Fair Market Rental Rate Rate" for the Premises. As used herein, the “"Fair Market Rental Rate” " for purposes of determining the annual Base Rent for the applicable Option Term shall mean the annual base rent Base Rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease nonsublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Termterm, which comparable space is located in the Building, the Other Existing Buildings in the Project Adjacent Building and in other comparable first-first class biotechnology office buildings in the Xxxxxx Xxxxx area of San Diego CountySouth Orange County area, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable last Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the Fair Market Rental Rate for the Renewal Premises. As used herein, the “Fair Market Rental Rate” for purposes of determining the Option Rent for the Renewal Premises during the Option Term shall mean the annual base rent at which non-renewal, non-equity tenants, as of the commencement of the applicable Option Term, Term will be leasing non-sublease sublease, non-equity, unencumbered space comparable in size, location (including views) and quality to the Renewal Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology office buildings located in the Xxxxxx Xxxxx area Northwest Submarket of San Diego CountyAustin, Texas (collectively, the “Comparable Buildings”), taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (Term, including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Renewal Premises during for the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Renewal Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “"Option Rent”") shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the Fair Market Rental Rate for the PremisesRate. As used herein, the “"Fair Market Rental Rate” " shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) size and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings in the Project Building and in other comparable first-class biotechnology buildings in the Xxxxxx Xxxxx area of San Diego CountyCounty ("Comparable Buildings"), taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable last Option Term described in Section 1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current initial Lease Term; or (ii) the Fair Market Rental Rate for comparable office/laboratory space in the PremisesSouth San Francisco market. As used herein, the “Fair Market Rental Rate” shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease space comparable in size, location (including views) and quality to the Premises for a comparable term as the applicable Option Term, which comparable space is located in the Building, the Other Existing Buildings Building in the Project and in other comparable first-class biotechnology buildings in the Xxxxxx Xxxxx area of South San Diego CountyFrancisco area, taking into consideration all free rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.

Option Rent. The annual Base Rent base rent payable by Tenant during the applicable Option Term (the “"Option Rent”") shall be equal to the greater of: of (i) the annual Base Rent payable being paid by Tenant during immediately prior to the last year Option Term, and (ii) ninety-five percent (95%) of the "Fair Market Rent" which for purposes hereof means the annual basic rent, taking into account whether the then current Lease Term; market is using leases based on a base year, an expense stop, or (ii) the Fair Market Rental Rate for the Premises. As used hereina triple net, the “Fair Market Rental Rate” shall mean the annual base rent at which tenants, as of the commencement of the applicable Option Term, will be are leasing non-sublease space comparable in size, location (including views) and quality to the Premises (and including comparable tenant improvements therein) for a comparable term as the applicable Option Termterm, which comparable space is located in the Building, the Other Existing Buildings in the Project and in other comparable first-class biotechnology office "flex" buildings with prudent ownership (with management practices comparable with institutional ownership), in the Xxxxxx Xxxxx area vicinity of San Diego Countythe Project (the "Project Area"), taking into consideration all free rent concessions and other out-of-pocket concessions inducements generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to Tenant)time. All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, any obligation of Landlord to construct tenant improvements or provide an allowance shall not apply during the Option Term, except to the extent such provisions are included in the definition of Fair Market Rent, and Tenant shall, in no event, have the option to extend the initial Lease Term beyond the applicable Option Term described in Section 1 30.1 above.

Option Rent. The annual Base Rent payable by Tenant during the applicable Option Term (the “Option Rent”) shall be equal to the greater of: (i) the annual Base Rent payable by Tenant during the last year of the then current Lease Term; or (ii) the Fair Market Rental Rate for the Premises. As used herein, the “Fair Market Rental Rate” shall mean the annual base rent Base Rent at which non-affiliated parties from new, non-expansion, non-renewal and non-equity tenants, as of the commencement of the applicable Option Term, will be leasing non-sublease sublease, non-equity, unencumbered space comparable in size, location (including views) location, and quality to the Premises for a comparable term as the term, with comparable tenant improvement allowances, if any, and other generally applicable Option Termconditions of tenancy, which comparable space is located in the Building, the Other Existing Buildings in the Project Building and in other comparable first-class biotechnology recently renovated office buildings located in the area bordered by Mxxxxx Xxxxxx Xxxxx area xx xxx xxxxx, 0xx Xxxxxx to the east, Bxxxxxx Street to the south, and 10xx Xxxxxx to the west, including buildings located immediately on both sides of each of the aforementioned streets, in San Diego CountyFrancisco, California (the “Market Area”), taking into consideration all free base rent and other out-of-pocket concessions generally being granted at such time for such comparable space for the applicable Option Term (including, without limitation, any tenant improvement allowance provided for such comparable space, with the amount of such tenant improvement allowance to be provided for the Premises during the applicable Option Term to be determined after taking into account the age, quality and layout of the tenant improvements in the Premises as of the commencement of the applicable Option Term with consideration given to the fact that the improvements existing in the Premises are specifically suitable to TenantTerm). All other terms and conditions of the Lease shall apply throughout the applicable Option Term; however, Tenant shall, in no event, have the option to extend the Lease Term beyond the applicable Option Term described in Section 1 above.