Common use of Option Rent Clause in Contracts

Option Rent. The Rent payable by Tenant during each Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such Option Term shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit G, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] and (ii) the Market Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (C) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G to this Lease) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Contract Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Option Rent. The Rent payable by Tenant during each Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such Option Term shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the [***] Confidential portions of this document have been redacted and filed separately with the Commission. "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit G, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] ], and (ii) the Market Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (C) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G to this Lease) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Contract Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Option Rent. The Base Rent payable by Tenant during the first Option Term (the “First Option Rent”) shall be payable as follows: (i) the First Option Rent for the first Lease Year of the first Option Term shall be at a monthly rate equal to the product of (A) the Base Rent applicable during the last rental period of the initial Lease Term under this Lease, and (B) a percentage equal to one hundred three percent (103%); and (ii) the First Option Rent for each subsequent Lease Year during the first Option Term shall be equal to one hundred three percent (103%) of the prior Lease Year’s First Option Rent for the remainder of the first Option Term, all other rental amounts shall be paid pursuant to the terms of this Lease. The Rent payable by Tenant during each the second Option Term (the "“Second Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G H attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such the second Option Term Term, shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GH, attached hereto, as follows: (i) the Market Rent for the first Lease Year year of the second Option Term shall be equal to the sum of [***] (a) the Market Rent, as determined pursuant to Exhibit H (inclusive of an adjustment for any Renewal Allowance to be provided to Tenant, as more particularly detailed in Section 3 of Exhibit H to this Lease), and (ii) the Market Rent for each subsequent Lease Year year shall be equal to [***] of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such Option Term, increase annually as follows: (x) the "Contract Rent" for the first Lease Year of any Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (C) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G to this Lease) determined to be paid by Landlord in connection consistent with Tenant's lease of the Premises annual increases for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Contract RentTransactions. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.H.

Appears in 2 contracts

Samples: Office Lease (Roka BioScience, Inc.), Office Lease (Roka BioScience, Inc.)

Option Rent. The Rent payable by Tenant during each the Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G F attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such the Option Term Term, shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any the Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GF, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] (a) the Market Rent, as determined pursuant to Exhibit F, (b) the amount of Direct Expenses applicable to the Premises, as reasonably determined by Landlord, for the calendar year in which the Option Term commences, and (c) an amount equal to the monthly amortization reimbursement payment for the “Renewal Allowance” (as defined in Section 3 of Exhibit F to this Lease) to be paid by Landlord in connection with Tenant’s lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the “Comparable Buildings” as that term is set forth in Section 4 of Exhibit F attached hereto, in connection with improvement allowances then be granted by such landlords, and (ii) the Market Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's ’s Market RentRent plus an amount equal to $1.00 per rentable square foot of the Premises. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such the applicable Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any the Option Term shall equal the sum of (A) the Base Rent in effect under this the Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (CB) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G F to this Lease) to be paid by Landlord in connection with Tenant's ’s lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be being granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's ’s Contract RentRent plus an amount equal to $1.00 per rentable square foot of the Premises. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. F. Notwithstanding anything set forth in this Lease to the contrary, the Base Year base year for the applicable Option Term with respect to the Renewal Space Premises shall be the calendar year in which the Option Term commences.

Appears in 2 contracts

Samples: Office Lease (Appdynamics Inc), Office Lease (Appdynamics Inc)

Option Rent. The Rent payable by Tenant during each the Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G H attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such the Option Term Term, shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any the Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GH, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] (a) the Market Rent, as determined pursuant to Exhibit H, (b) the amount of Direct Expenses applicable to the Premises, as reasonably determined by Landlord, for the calendar year in which the Option Term commences, and (c) an amount equal to the monthly amortization reimbursement payment for the “Renewal Allowance” (as defined in Section 3 of Exhibit H to this Lease) to be paid by Landlord in connection with Tenant’s lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the “Comparable Buildings” as that term is set forth in Section 4 of Exhibit H attached hereto, in connection with improvement allowances then be granted by such landlords, and (ii) the Market Rent for each subsequent Lease Year shall be equal to [***] one hundred three and one-half percent (103.5%) of the prior Lease Year's ’s Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such the applicable Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any the Option Term shall equal the sum of (A) the Base Rent in effect under this the Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (CB) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G H to this Lease) to be paid by Landlord in connection with Tenant's ’s lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be being granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] one hundred three and one-half percent (103.5%) of the prior Lease Year's ’s Contract Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.H.

Appears in 2 contracts

Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)

Option Rent. The Rent payable by Tenant during each the Option Term (the "Option Rent") ”), and/or the First Offer Rent during the First Offer Term, as applicable, shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G H attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such the Option Term Term, or First Offer Term, as applicable, shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GH, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] and (iia) the Market Rent for each subsequent Lease Year shall be equal Rent, as determined pursuant to [***] Exhibit H, (b) the amount of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent Direct Expenses applicable to the Premises Premises, as reasonably determined by Landlord, for the Lease Year immediately preceding such calendar year in which the Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding the commencement of the subject Option or First Offer Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Termapplicable commences, and (Cc) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G H to this Lease) to be paid by Landlord in connection with Tenant's ’s lease of the Premises for the Option Term, or First Offer Term, as applicable, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings Buildings” as that term is set forth in Section 4 of Exhibit H attached hereto, in connection with tenant improvement allowances then be granted by such landlords, and (yii) the Contract Market Rent for each subsequent Lease Year shall be equal escalated by a percentage (to [***] be determined as part of the Market Rent determination hereunder) of the prior Lease Year's Contract ’s Market Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.H.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Option Rent. The Rent payable by Tenant during each the Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such Option Term shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term Premises as determined pursuant to Exhibit G, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] and (ii) the Market Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (C) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G to this Lease) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Contract Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contraryG, and thereafter, the Base Year for the applicable Option Term with respect to the Renewal Space Market Rent shall be stated as a “Net Equivalent Lease Rate” for each year of the calendar year in which subject Option Term; provided, however, that under no circumstances shall the Market Rent for any Lease Year occurring during the Option Term commencesbe less than the corresponding “Contract Rent,” as that term is defined below, as such Contract Rent is set forth on the “Contract Rate Schedule,” as that term is defined below. The “Contract Rate Schedule” shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding the Option Term, as follows: (x) the “Contract Rent” for the first Lease Year of the Option Term shall equal the Base Rent in effect under the Lease for the Lease Year immediately preceding the commencement of the Option Term, and (y) if the determination of the Market Rent provides that the Market Rent is escalated during the Option Term, then commencing on the date, if ever, that the Market Rent exceeds the Contract Rent, the Contract Rent shall be thereafter increased by three percent (3%) annually for the remainder of the Option Term.

Appears in 1 contract

Samples: Office Lease (Unity Software Inc.)

Option Rent. The Rent payable by Tenant during each the Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G H attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such the Option Term Term, shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any the Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GH, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] (a) the Market Rent, as determined pursuant to Exhibit H, (b) the amount of Direct Expenses applicable to the Premises, as reasonably determined by Landlord, for the calendar year in which the Option Term commences, and (c) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit H to this Lease) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the "Comparable Buildings" as that term is set forth in Section 4 of Exhibit H attached hereto, in connection with improvement allowances then be granted by such landlords, and (ii) the Market Rent for each subsequent Lease Year shall be equal to [***] one hundred three percent (103%) of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such the applicable Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any the Option Term shall equal the sum of (A) the Base Rent in effect under this the Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (CB) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G H to this Lease) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be being granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] one hundred three percent (103%) of the prior Lease Year's Contract Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.H.

Appears in 1 contract

Samples: Office Lease (Evofem Biosciences, Inc.)

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Option Rent. The Rent payable by Tenant during each the Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," ” (as that term is defined inin Exhibit I, attached hereto and determined pursuant to, Exhibit G attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Termmade a part hereof); provided, however, that the Market Rent for each Lease Year during such the Option Term shall be equal to the amount set forth on a "Market Rate Rent Schedule," ” (as that term is defined below, and under no circumstances shall the hereinbelow). The “Market Rent for any Lease Year occurring during any Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GI, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the applicable Option Term shall be equal to the sum of [***] and (iia) the Market Rent for each subsequent Lease Year shall be equal Rent, as determined pursuant to [***] Exhibit I, (b) the amount of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent Direct Expenses applicable to the Premises Premises, as reasonably determined by Landlord, for the Lease Year immediately preceding such Option Term, as follows: (x) calendar year in which the "Contract Rent" for the first Lease Year of any Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Termcommences, and (Cc) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as that term is defined in Section 3 of Exhibit G I to this Lease) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term), with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings Buildings” (as that term is defined in Section 4 of Exhibit I), in connection with tenant improvement allowances then be being granted by such landlords, and (yii) the Contract Rent for each subsequent Lease Year Year, the Market Rent component of Rent shall be equal to [***] percent ([…***…]%) of the prior Lease Year's Contract ’s Market Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," ” (as provided for those terms are defined in Exhibit G. I). Notwithstanding anything *** Confidential Treatment Requested set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space Premises shall be the next calendar year after the year in which the Option Term commences.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Option Rent. The Rent payable by Tenant during each the Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G H attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such the Option Term Term, shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any the Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GH, attached hereto, as follows: (i) the Market Rent for the first Lease Year of the Option Term shall be equal to the sum of [***] (a) the Market Rent, as determined pursuant to Exhibit H, (b) the amount of Direct Expenses applicable to the Premises, as reasonably determined by Landlord, for the calendar year in which the Option Term commences, and (c) an amount equal to the monthly amortization reimbursement payment for the “Renewal Allowance” (as defined in Section 3 of Exhibit H to this Lease) to be paid by Landlord in connection with Tenant’s lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the “Comparable Buildings” as that term is set forth in Section 4 of Exhibit H attached hereto, in connection with improvement allowances then being granted by such landlords, and (ii) the Market Rent for each subsequent Lease Year shall be equal to [***] of increase annually over the prior Lease Year's ’s Market RentRent by a percentage that is consistent with the annual percentage increases from year to year in the base rent for Comparable Transactions. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year immediately preceding such the applicable Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any the Option Term shall equal the sum of (A) the Base Rent in effect under this the Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Term, and (CB) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G H to this Lease) to be paid by Landlord in connection with Tenant's ’s lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be being granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] one hundred three percent (103%) of the prior Lease Year's ’s Contract Rent. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.H.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Option Rent. The annual Base Rent payable by Tenant during each the applicable Option Term (the "Option Rent") shall be equal to the “Fair Market Rental Rate” for the Renewal Space. As used herein (a) [***] and in Section 1.6 of the "Lease), the “Fair Market Rent," as that Rental Rate” for purposes of determining the Option Rent payable by Tenant for the Renewal Space for the applicable Option Term (and for purposes of determining the Base Rent payable for the initial lease term is defined in, and determined for the First Offer Space leased by Tenant pursuant to, Exhibit G attached hereto, during the first (1st) Option Term, and (b) [***] to Section 1.6 of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year during such Option Term shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year occurring during any Option TermLease, as set forth on the Market Rate Schedulecase may be) shall mean the annual Base Rent, be less than the corresponding "Contract Rent," as that term is defined belowincluding all escalations, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined at which tenants, pursuant to Exhibit G, attached hereto, as follows: leases or related agreements (i) which are executed prior to the Market Rent commencement of the applicable Option Term (or the First Offer Space Commencement Date for the first Lease Year initial lease for the First Offer Space, as the case may be), but no more than twenty-four (24) months prior to the commencement of the applicable Option Term shall be equal to (or the sum of [***] First Offer Space Commencement Date, as the case may be), and (ii) which have a term which is reasonably anticipated to commence within the Market Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from the Base Rent applicable to the Premises for the Lease Year six (6) month period immediately preceding such Option Term, as follows: (x) the "Contract Rent" for the first Lease Year of any Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding or following the commencement of the subject applicable Option TermTerm (or the First Offer Space Commencement Date, as the case may be), are leasing in an arms-length transaction, non-sublease, non-equity, non-renewal (B) an amount equal unless the renewal is pursuant to a comparable definition of Fair Market Rental Rate), unencumbered space on a full service gross basis, modified full service gross basis or net basis, as applicable in the market (with any full service or modified full service gross basis to include then current base years), which space is comparable in size, location, amenities and quality to the "Excess" Renewal Space (or First Offer Space, as defined the case may be) for a comparable lease term, and which comparable space is located in Section 4.4) the Comparable Buildings (which is due under Article 4 for purposes of this Lease Section 4 shall also include the Warner Center business district office buildings, of which LNR Warner Center is a part), taking into consideration: (A) free rent and all monetary concessions and inducements being granted at such time for such comparable space leased by tenants of comparable net worth as Tenant, including, without limitation, any tenant improvements or tenant improvement allowances provided for such comparable space (with the amount of such tenant improvements and/or tenant improvement allowances to be provided for the Base Year immediately preceding Renewal Space during the applicable Option Term [or the First Offer Space during the initial lease term thereof, as the case may be] to be determined after taking into account the age, quality and layout of the tenant improvements in the Renewal Space [or First Offer Space, as the case may be] as of the commencement of the subject applicable Option TermTerm [or the First Offer Space Commencement Date for the initial lease term of the First Offer Space, and as the case may be]); (B) the number of must-rent and/or right-to-rent parking passes that Tenant shall be required to rent and/or may be permitted to rent under this Lease during the applicable Option Term (or initial lease term for the First Offer Space, as the case may be); (C) an amount equal whether parking charges with respect to such parking passes are included in the base rent in such comparable lease transactions or paid separately, but taking into account and adjusting for the fact that pursuant to Article 24 of the Lease with respect to the monthly amortization reimbursement payment Renewal Space during the applicable Option Term (and pursuant to Section 1.6.1.6 of the Lease with respect to the initial lease term for the "Renewal Allowance" First Offer Space, as the case may be), Tenant shall be charged separately for the use of Tenant’s parking passes so rented by Tenant during the applicable Option Term (or initial lease term for the First Offer Space, as defined in Section 3 of Exhibit G to this Leasethe case may be) to be paid at the prevailing parking rates charged by Landlord and/or Landlord’s parking operator from time-to-time for reserved and unreserved parking passes, as the case may be, in the applicable Parking Facilities where such parking passes are so located; and (D) whether Landlord is or is not required to pay a real estate brokerage commission in connection with Tenant's the applicable Option Term (or initial lease of the Premises term for the Option TermFirst Offer Space, with such Renewal Allowance being amortized at a reasonable rate as the case may be) or the fact that the comparable lease transactions do or do not involve the payment of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Contract Rentreal estate brokerage commissions. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," Except as provided for in Exhibit G. Notwithstanding anything set forth in the next sentence, 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 last Option Term. In the event that Tenant exercises the option to extend as provided in this Lease to Extension Rider, and the contraryBase Rent is determined on a full service or modified full service gross basis, then the Expense Base Year, Tax Expense Base Year and Utilities Base Year for the applicable Option Term with respect to the Renewal Space shall be adjusted to be (x) the calendar year in which the commencement date of such Option Term commencesoccurs if such commencement date occurs on or before June 30 of such calendar year, and (y) the calendar year immediately following the calendar year in which the commencement date of such Option Term occurs if such commencement date occurs after June 30.

Appears in 1 contract

Samples: Sublease Agreement (Intuit Inc)

Option Rent. The Rent annual rent payable by Tenant during each the Option Term (the "Option Rent") shall be equal to (a) [***] of the "Market Rent," as that term is defined in, and determined pursuant to, Exhibit G D attached hereto, during the first (1st) Option Term, and (b) [***] of the Market Rent during the second (2nd) Option Term; provided, however, that the Market Rent for each Lease Year year during such the Option Term Term, shall be equal to the amount set forth on a "Market Rate Schedule," as that term is defined below, and under no circumstances shall the Market Rent for any Lease Year year occurring during any the Option Term, as set forth on the Market Rate Schedule, be less than the corresponding "Contract Rent," as that term is defined below, as such Contract Rent is set forth on the "Contract Rate Schedule," as that term is defined below. The "Market Rate Schedule" shall be derived from the Market Rent for the Option Term as determined pursuant to Exhibit GD, attached hereto, as follows: (i) the Market Rent for the first Lease Year year of the Option Term shall be equal to the sum of [***] and (iia) the Market Rent for each subsequent Lease Year shall be equal Rent, as determined pursuant to [***] Exhibit D, (b) the estimated amount of Operating Expenses applicable to the prior Lease Year's Market Rent. The "Contract Rate Schedule" shall be derived from Premises, as reasonably determined by Landlord based on the Base Rent Operating Expenses applicable to the Premises for the Lease Year immediately preceding such Option Termthen-current year, as follows: (x) the "Contract Rent" for the first Lease Year of any calendar year in which the Option Term shall equal the sum of (A) the Base Rent in effect under this Lease for the Lease Year immediately preceding the commencement of the subject Option Term, (B) an amount equal to the "Excess" (as defined in Section 4.4) which is due under Article 4 of this Lease for the Base Year immediately preceding the commencement of the subject Option Termcommences, and (Cc) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit G D to this LeaseFourth Amendment) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the "Comparable Buildings" as that term is set forth in Section 4 of Exhibit D attached hereto, in connection with improvement allowances then be granted by such landlords, and (ii) the Market Rent for each subsequent year during the Option Term shall be adjusted at a rate determined as part of the Market Rent determination. The "Contract Rate Schedule" shall be derived from the Monthly Base Rent applicable to the Premises for the year immediately preceding the applicable Option Term, as follows: (x) the "Contract Rent" for the first year of the Option Term shall equal the sum of (A) the Monthly Base Rent in effect under the Lease for the year immediately preceding the commencement of the Option Term, and (B) an amount equal to the monthly amortization reimbursement payment for the "Renewal Allowance" (as defined in Section 3 of Exhibit D to this Fourth Amendment) to be paid by Landlord in connection with Tenant's lease of the Premises for the Option Term, with such Renewal Allowance being amortized at a reasonable rate of return to Landlord based on the rates of return then being received by the landlords of the Comparable Buildings in connection with tenant improvement allowances then be being granted by such landlords, and (y) the Contract Rent for each subsequent Lease Year shall be equal to [***] of the prior Lease Year's Contract Rentsuch. The calculation of the Market Rent shall be derived from a review of, and comparison to, the "Net Equivalent Lease Rates" of the "Comparable Transactions," as provided for in Exhibit G. Notwithstanding anything set forth in this Lease to the contrary, the Base Year for the applicable Option Term with respect to the Renewal Space shall be the calendar year in which the Option Term commences.D.

Appears in 1 contract

Samples: Office Lease Agreement (Tableau Software Inc)

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