Common use of Option Rent Clause in Contracts

Option Rent. During each of the additional periods for which the Original Term of this lease may be extended as set forth in Section (A) of this Article XIII above, the Fixed Rent payable hereunder shall be adjusted so as to equal the greater of (a) the Fixed Rent payable immediately prior thereto, or (b) the “fair market rent”, as mutually determined by Landlord and Tenant through the process of negotiation. Notwithstanding anything to the contrary contained herein, however, if for any reason whatsoever Landlord and Tenant shall not agree in writing upon the “fair market rent” for the additional period in question at least six (6) months prior to the expiration of the Original Term, or the first additional period, as the case may be, then the fair market rent for premises of the size and nature of the demised premises shall be determined by licensed real estate appraisers having at least ten (10) years’ experience in the appraisal of commercial real estate in Greater Boston, Massachusetts, one such appraiser to be designated by each of Landlord and Tenant. If either party shall fail to designate its appraiser by giving notice of the name of such appraiser to the other party within fifteen (15) days after receiving notice of the name of the other party’s appraiser, then the appraiser chosen by the other party shall determine the fair market rent and his determination shall be final and conclusive. If the appraisers designated by Landlord and Tenant shall disagree as to the fair market rent, but if the difference between their estimates of fair market rent shall be five percent (5%) or less of the greater of the estimates, then the average of their estimates shall be the fair market rent for purposes hereof. If the appraisers designated by Landlord and Tenant shall disagree as to the amount of fair market rent, and if their estimates of fair market rent shall vary by more than five percent (5%) of the greater of said estimates, then they shall jointly select a third appraiser meeting the qualifications set forth above, and his estimate of fair market rent shall be the fair market rent for purposes hereof if it is not greater than the greater of the other two estimates and not less than the lesser of the other two estimates. If said third appraiser’s estimate is greater than the greater of the other two estimates, then the greater of the other two estimates shall be the fair market rent for purposes hereof; and if the estimate of the third appraiser shall be less than the lesser of the other two estimates, then the lesser of the other two estimates shall be the fair market rent for purposes hereof. Each of Landlord and Tenant shall pay for the services of its appraiser, and if a third appraiser shall be chosen, then each of Landlord and Tenant shall pay for one-half of the services of the third appraiser. In determining fair market rent, any improvements made by Tenant in the demised premises and not otherwise reimbursed by Landlord shall not be considered, such that the appraisal shall be based on the condition of the demised premises as same existed on the delivery date as improved by Landlord’s Construction Contribution.

Option Rent. During each of the additional periods period for which the Original original Term of this lease may be extended as set forth in Section (A) of this Article XIII 13 above, the Fixed Rent payable hereunder shall be adjusted so as to equal the greater of (a) the Fixed Rent payable immediately prior thereto, or (b) the “"fair market rent”", as mutually determined by Landlord and Tenant through the process of negotiation. Notwithstanding anything to the contrary contained herein, however, if for any reason whatsoever Landlord and Tenant shall not agree in writing upon the “"fair market rent” " for the said additional period in question at least six (6) months prior to the expiration of the Original original Term, or the first additional period, as the case may be, then the fair market rent for premises of the size and nature of the demised premises shall be determined by licensed real estate appraisers having at least ten five (105) years’ ' experience in the appraisal of commercial real estate in the Greater Boston, MassachusettsBoston area, one such appraiser to be designated by each of Landlord and Tenant. If either party shall fail to designate its appraiser by giving notice of the name of such appraiser to the other party within fifteen (15) days after receiving notice of the name of the other party’s 's appraiser, then the appraiser chosen by the other party shall determine the fair market rent and his determination shall be final and conclusive. If the appraisers designated by Landlord and Tenant shall disagree as to the fair market rent, but if the difference between their estimates of fair market rent shall be five percent (5%) or less of the greater of the estimates, then the average of their estimates shall be the fair market rent for purposes hereof. If the appraisers designated by Landlord and Tenant shall disagree as to the amount of fair market rent, and if their estimates of fair market rent shall vary by more than five percent (5%) of the greater of said estimates, then they shall jointly select a third appraiser meeting the qualifications set forth above, and his estimate of fair market rent shall be the fair market rent for purposes hereof if it is not greater than the greater of the other two estimates and not less than the lesser of the other two estimates. If said third appraiser’s 's estimate is greater than the greater of the other two estimates, then the greater of the other two estimates shall be the fair market rent for purposes hereof; and if the estimate of the third appraiser shall be less than the lesser of the other two estimates, then the lesser of the other two estimates shall be the fair market rent for purposes hereof. Each of Landlord and Tenant shall pay for the services of its appraiser, and if a third appraiser shall be chosen, then each of Landlord and Tenant shall pay for one-half of the services of the third appraiser. In determining fair market rent, any improvements made by Tenant EXECUTED as a sealed instrument in the demised premises and not otherwise reimbursed by Landlord shall not be considered, such that the appraisal shall be based on the condition two or more counterparts as of the demised premises as same existed on the delivery date as improved by Landlord’s Construction Contribution.day and year first above written. LANDLORD: HOOD BUSINESS PARK LLC BY: CATAMOUNT RUTHXXXXXX XXX ITS MANAGER /s/ STEPXXX X. XXXXX ---------------------------------- Stepxxx X. Xxxxx, Xxnager TENANT: NET 2000 COMMUNICATIONS REAL ESTATE, INC. By [SIG] -------------------------------- Vice-President

Option Rent. During each of the additional periods period for which the Original original Term of this lease may be extended as set forth in Section (A) of this Article XIII $13 above, the Fixed Rent payable hereunder shall be adjusted so as to equal the greater of (a) the Fixed Rent payable immediately prior thereto, or (b) the “"fair market rent”", as mutually determined by Landlord and Tenant through the process of negotiation. Notwithstanding anything to the contrary contained herein, however, if for any reason whatsoever Landlord and Tenant shall not agree in writing upon the “"fair market rent” " for the said additional period in question at least six (6) months prior to the expiration of the Original original Term, or the first additional period, as the case may be, then the fair market rent for premises of the size and nature of the demised premises shall be determined by licensed real estate appraisers having at least ten five (105) years’ ' experience in the appraisal of commercial real estate in the Greater Boston, MassachusettsBoston area, one such appraiser to be designated by each of Landlord and Tenant. If either party shall fail to designate its appraiser by giving notice of the name of such appraiser to the other party within fifteen (15) days 15)days after receiving notice of the name of the other party’s 's appraiser, then the appraiser chosen by the other party shall determine the fair market rent and his determination shall be final and conclusive. If the appraisers designated by Landlord and Tenant shall disagree as to the fair market rent, but if the difference between their estimates of fair market rent shall be five percent (5%) or 5%)or less of the greater of the estimates, then the average of their estimates shall be the fair market rent for purposes hereof. If the appraisers designated by Landlord and Tenant shall disagree as to the amount of fair market rent, and if their estimates of fair market rent shall vary by more than five percent (5%) of 5%)of the greater of said estimates, then they shall jointly select a third appraiser meeting the qualifications set forth above, and his estimate of fair market rent shall be the fair market rent for purposes hereof if it is not greater than the greater of the other two estimates and not less than the lesser of the other two estimates. If said third appraiser’s 's estimate is greater than the greater of the other two estimates, then the greater of the other two estimates shall be the fair market rent for purposes hereof; and if the estimate of the third appraiser shall be less than the lesser of the other two estimates, then the lesser of the other two estimates shall be the fair market rent for purposes hereof. Each of Landlord and Tenant shall pay for the services of its appraiser, and if a third appraiser shall be chosen, then each of Landlord and Tenant shall pay for one-one- half of the services of the third appraiser. In determining fair market rent, any improvements After determination has been made by Tenant in the demised premises and not otherwise reimbursed by Landlord shall not be considered, such that the appraisal shall be based on the condition of the demised premises Fixed Rent payable for the additional period, Landlord and Tenant shall execute and deliver to each other an instrument setting forth the annual Fixed Rent as same existed on so determined. EXECUTED as a sealed instrument in two or more counterparts as of the delivery date as improved by Landlord’s Construction Contribution.day and year first above written. LANDLORD: HOOD BUSINESS PARK LLC BY: CATAMOUNT XXXXXXXXXX LLC ITS MANAGER /s/ Xxxxxxx X. Xxxxx, Manager ------------------------------ Xxxxxxx X. Xxxxx, Manager TENANT: COMMUNITY NETWORKS, INC. /s/ Xxxx Xxxxxxx ------------------------------ Xxxx Xxxxxxx, President

Option Rent. During The rent payable by Tenant during each Option Term (the “Option Rent”) shall be equal, initially, to the Fair Market Rent, and once determined, thereafter shall increase by three percent (3%) on each anniversary of the additional periods for which commencement of the Original Term Option Term, and shall remain at that adjusted rate until the next anniversary of this lease may be extended as set forth in Section (A) the commencement of this Article XIII abovethe Option Term, the Fixed when it again shall increase. Fair Market Rent payable hereunder shall be adjusted so as to equal the greater of (a) the Fixed Rent payable immediately prior thereto, or (b) the “fair market rent”, as mutually determined by Landlord and Tenant through the process of negotiation, if possible. Notwithstanding anything to the contrary contained herein, however, if for any reason whatsoever Landlord and Tenant shall not agree in writing upon the “fair market rent” for Fair Market Rent with respect to the additional period in question Option Term at least six (6) months prior to the expiration of the Original Term, or the first additional period, as the case may becommencement thereof, then the fair market rent for premises of the size and nature of the demised premises Fair Market Rent shall be determined by disinterested licensed real estate appraisers brokers having at least ten (10) years’ experience in the appraisal leasing of commercial real estate in the Greater Boston, MassachusettsWestside (as defined below) market area, one such appraiser broker to be designated by each of Landlord and Tenant. If either party shall fail to designate its appraiser broker by giving notice of the name of such appraiser broker to the other party within fifteen (15) days after receiving notice of the name of the other party’s appraiserbroker, then the appraiser broker chosen by the other party shall determine the fair market rent Fair Market Rent and his determination shall be final and conclusive. The brokers shall make their decisions within ten (10) Business Days of appointment. If the appraisers brokers designated by Landlord and Tenant shall disagree as to the fair market rentFair Market Rent, but if the difference between their estimates of fair market rent Fair Market Rent shall be five percent (5%) or less of the greater of the estimates, then the average of their estimates shall be the fair market rent Fair Market Rent for purposes hereof. If the appraisers brokers designated by Landlord and Tenant shall disagree as to the amount of fair market rentFair Market Rent, and if their estimates of fair market rent Fair Market Rent shall vary by more than five percent (5%) of the greater of said estimates, then they shall jointly select a third appraiser broker meeting the qualifications set forth above, and his estimate of fair market rent which third broker shall be the fair market rent for purposes hereof if it is not greater than the greater of the other two estimates and not less than the lesser of the other two estimates. If said third appraiser’s estimate is greater than the greater select one of the other two estimates, then the greater of the other two estimates which estimate shall be the fair market rent for purposes hereof; and if the estimate of the third appraiser shall be less than the lesser of the other two estimates, then the lesser of the other two estimates shall be the fair market rent Fair Market Rent for purposes hereof. Each of Landlord and Tenant shall pay for the services of its appraiserbroker, and if a third appraiser broker shall be chosen, then each of Landlord and Tenant shall pay for one-half of the services of the third appraiserbroker. In determining fair “Fair Market Rent,” as used in this Lease, shall be equal to the economic terms, at which tenants, as of the first day of the Extension Period, are leasing for a comparable term, non-renewal, non-equity creative office space of at least 200,000 square feet in the El Segundo and “Greater Westside” (i.e., West Los Angeles, Xxxxxx City, Santa Xxxxxx and Playa Vista) market rentarea, from a willing, comparable landlord, at arm’s length, which comparable space is located in “Comparable Buildings” (i.e., of a similar age and quality considering any recent renovations or modernization, and floor plate size) in such area or, if such Comparable Buildings, or comparable space within Comparable Buildings, is not available, adjustments shall be made in the determination of Fair Market Rent to reflect the age and quality of the Premises (other than improvements made paid for by Tenant in outside of any improvement allowance provided by Landlord) as contrasted to other buildings used for comparison purposes), with similar amenities, taking into consideration size, location, floor level, proposed term of the demised premises and not otherwise reimbursed by Landlord shall not lease, extent of services to be consideredprovided, such the time that the appraisal shall be based on particular rate under consideration became or is to become effective, the condition fact that the Premises is located in a campus environment, as well as the value of the demised premises as same existed on the delivery date as improved by Landlord’s Construction Contributionall tenant rights, concessions and inducements (including, but not limited to, expansion rights and protection from leasing to certain other tenants).

Option Rent. During each of the additional periods for which the Original Term of this lease may be extended as set forth in Section (A) of this Article XIII aboveOption Term, the Fixed Rent payable hereunder shall be adjusted so as to equal the greater of (a) the Fixed Rent payable immediately prior thereto, or (b) the “fair market rent”” (as hereinafter defined), as mutually determined by Landlord and Tenant through the process of negotiationdiligent and good faith negotiations. Notwithstanding anything to the contrary contained herein, however, if for any reason whatsoever Landlord and Tenant shall not agree in writing upon the “fair market rent” for the additional period in question said Option Term at least six (6) months prior to the expiration of the Original Initial Term, or the first additional period, as the case may be, then the fair market rent for premises of the size and nature of the demised premises Demised Premises shall be determined by licensed real estate appraisers brokers (for purposes of this paragraph, a “broker”) having at least ten (10) years’ experience in the appraisal leasing of commercial real estate office, laboratory, and research and development space in Greater Boston, Massachusetts, one such appraiser broker to be designated by each of Landlord and Tenant. If either party shall fail to designate its appraiser broker by giving notice of the name of such appraiser to the other party within fifteen (15) days after receiving notice of the name of the other party’s appraiserbroker, then the appraiser broker chosen by the other party shall determine the fair market rent and his determination shall be final and conclusive. If the appraisers brokers designated by Landlord and Tenant shall disagree as to the fair market rent, but if the difference between their estimates of fair market rent shall be five percent (5%) or less of the greater of the estimates, then the average of their estimates shall be the fair market rent for purposes hereof. If the appraisers brokers designated by Landlord and Tenant shall disagree as to the amount of fair market rent, and if their estimates of fair market rent shall vary by more than five percent (5%) of the greater of said estimates, then they shall jointly select a third appraiser broker meeting the qualifications set forth aboveabove who has not performed work for Landlord or Tenant (including the company with which such broker is affiliated), and his such third broker’s estimate of fair market rent shall be the fair market rent for purposes hereof if it is not greater than the greater of the other two estimates and not less than the lesser of the other two estimates. If said third appraiserbroker’s estimate is greater than the greater of the other two estimates, then the greater of the other two estimates shall be the fair market rent for purposes hereof; and if the estimate of the third appraiser broker shall be less than the lesser of the other two estimates, then the lesser of the other two estimates shall be the fair market rent for purposes hereof. Each of Landlord and Tenant shall pay for the services of its appraiserbroker, and if a third appraiser broker shall be chosen, then each of Landlord and Tenant shall pay for one-half of the services of the third appraiserbroker. In determining As used in this Article XIII, “fair market rent” shall mean the fair market annual rental value of the Demised Premises as of the date Tenant exercises the Option Term for a term equal to the Extension Term, any improvements made by Tenant based lease renewals for comparable space in first-class laboratory buildings in the demised premises and not otherwise reimbursed by Landlord shall not be consideredCharlestown/Somerville/Inner Belt submarkets, such that the appraisal shall be based on the condition of the demised premises as same existed on the delivery date as improved by Landlord’s Construction Contributiontaking into account all relevant factors.

Option Rent. During each of the additional periods period for which the Original Initial Term of this lease Lease may be extended as set forth in Section (A) of this Article XIII above, the Fixed Rent payable hereunder shall be adjusted so as to equal the greater of (a) the Fixed Rent payable immediately prior thereto, or (badjus) the “fair market rent”, as mutually determined by Landlord and Tenant through the process of negotiation. Notwithstanding anything to the contrary contained herein, however, if for any reason whatsoever Landlord and Tenant shall not agree in writing upon the “fair market rent” for the said additional period in question at least six (6) months prior to the expiration of the Original Initial Term, or the first additional period, as the case may be, then the fair market rent for premises of the size and nature of the demised premises Demised Premises shall be determined by licensed real estate appraisers having at least ten five (105) years’ experience in the appraisal of commercial real estate in Greater Boston, Massachusetts, one such appraiser to be designated by each of Landlord and Tenant. If either party shall fail to designate its appraiser by giving notice of the name of such appraiser to the other party within fifteen (15) days after receiving notice of the name of the other party’s appraiser, then the appraiser chosen by the other party shall determine the fair market rent and his determination shall be final and conclusive. If the appraisers designated by Landlord and Tenant shall disagree as to the fair market rent, but if the difference between their estimates of fair market rent shall be five percent (5%) or less of the greater of the estimates, then the average of their estimates shall be the fair market rent for purposes hereof. If the appraisers designated by Landlord and Tenant shall disagree as to the amount of fair market rent, and if their estimates of fair market rent shall vary by more than five percent (5%) of the greater of said estimates, then they shall jointly select a third appraiser meeting the qualifications set forth above, and his such third appraiser’s estimate of fair market rent shall be the fair market rent for purposes hereof if it is not greater than the greater of the other two estimates and not less than the lesser of the other two estimates. If said third appraiser’s estimate is greater than the greater of the other two estimates, then the greater of the other two estimates shall be the fair market rent for purposes hereof; and if the estimate of the third appraiser shall be less than the lesser of the other two estimates, then the lesser of the other two estimates shall be the fair market rent for purposes hereof. Each of Landlord and Tenant shall pay for the services of its appraiser, and if a third appraiser shall be chosen, then each of Landlord and Tenant shall pay for one-half of the services of the third appraiser. In determining fair market rent, any improvements made by Tenant in the demised premises and not otherwise reimbursed by Landlord shall not be considered, such that the appraisal shall be based on the condition of the demised premises as same existed on the delivery date as improved by Landlord’s Construction Contribution.

Option Rent. During each of the additional periods period for which the Original Term of this lease may be extended as set forth in Section (A) of this Article XIII above, the Fixed Rent payable hereunder shall be adjusted so as to equal the greater of (a) the Fixed Rent payable immediately prior theretothereto for the warehouse space, or the office space, or both, as the case may be, or (b) the “annual fair market rent”rental value (the "Market Value Rent") of the warehouse space, or the office space, or both, as the case may be, as mutually determined by Landlord and Tenant through the process of negotiation. Notwithstanding anything to the contrary contained herein, however, if for any reason whatsoever Landlord and Tenant shall not agree in writing upon the “fair market rent” Market Value Rent for the said additional period in question at least not later than six (6) months prior to the expiration commencement thereof, then Landlord and Tenant each shall give notice (the "Determination Notice") to the other setting forth their respective determinations of the Original TermMarket Value Rent, and, subject to the provisions set forth below, either party may apply to the American Arbitration Association or any successor thereto for the first additional period, as the case may be, then the fair market rent for premises designation of an arbitrator to render a final determination of the size and nature of the demised premises Market Value Rent. The arbitrator shall be determined by a licensed MAI real estate appraisers having appraiser who shall have at least ten seven (107) years’ ' continuous experience in the appraisal business of appraising commercial real estate in Greater Boston, Massachusetts. The arbitrator shall conduct such research and study as the arbitrator shall deem appropriate and shall, within thirty (30) days after having been appointed, choose one such appraiser to of the determinations set forth in either Landlord's or Tenant's Determination Notice, and that choice by the arbitrator shall be designated by each of binding upon Landlord and Tenant. If either Each party shall fail to designate pay its appraiser by giving notice own counsel and other advisors' fees and expenses, if any, in connection with the process set forth in Article XIII, and the parties shall share equally all other expenses and fees of any such arbitrator. The determination rendered in accordance with the name provisions of such appraiser to the other party within fifteen (15) days after receiving notice of the name of the other party’s appraiser, then the appraiser chosen by the other party shall determine the fair market rent and his determination this paragraph shall be final and conclusivebinding in fixing the Market Value Rent. If Notwithstanding the appraisers designated by Landlord and Tenant shall disagree as to foregoing, in the fair market rent, but if event that the difference between their estimates of fair market rent shall be five percent (5%) or less determination of the greater of Market Value Rent set forth in the estimates, then the average of their estimates Landlord's and Tenant's Determination Notices shall be the fair market rent for purposes hereof. If the appraisers designated differ by Landlord and Tenant shall disagree as to the amount of fair market rent, and if their estimates of fair market rent shall vary by more less than five percent (5%) of the greater smaller of Landlord's or Tenant's determination thereof, then the Market Value Rent shall not be determined by arbitration, but shall instead be set by taking the average of the determinations set forth in Landlord's and Tenant's Determination Notices. Furthermore, if either party shall fail to send its Determination Notice to the other party prior to the expiration of ten (10) days after receiving the other party's Determination Notice, the Market Value Rent shall be conclusively deemed to be the determination thereof set forth in the Determination Notice which was provided first. If for any reason the Market Value Rent shall not have been determined prior to the commencement of said estimatesadditional period, then they then, until the Market Value Rent shall jointly select a third appraiser meeting have been finally determined, the qualifications set forth above, and his estimate of fair market rent Fixed Rent payable hereunder shall be the fair market rent for purposes hereof if it is not greater than the greater amount set forth in clause (a) above. Upon final determination of the other two estimates and not less than Market Value Rent, an appropriate adjustment to the lesser of the other two estimates. If said third appraiser’s estimate is greater than the greater of the other two estimates, then the greater of the other two estimates Fixed Rent shall be the fair market rent for purposes hereof; and made, if the estimate of the third appraiser shall be less than the lesser of the other two estimatesnecessary, then the lesser of the other two estimates shall be the fair market rent for purposes hereof. Each of Landlord reflecting such final determination, and Tenant shall promptly pay for to the services Landlord any deficiency in the payment of its appraiser, and if Fixed Rent from the commencement of said additional period to the date of such final determination. EXECUTED as a third appraiser shall be chosen, then each of Landlord and Tenant shall pay for one-half sealed instrument in two or more counterparts as of the services of the third appraiserday and year first above written. In determining fair market rentLANDLORD: HOOD BUSINESS PARK LLC BY: CATAMOUNT XXXXXXXXXX LLC ITS MANAGER /s/ Xxxxxxx X. Xxxxx ------------------------------ Xxxxxxx X. Xxxxx, any improvements made by Tenant in the demised premises and not otherwise reimbursed by Landlord shall not be consideredManager TENANT: HARVARDNET INC. /s/ Xxxxxxx Xxxxxxxxxx ------------------------------- Xxxxxxx Xxxxxxxxxx, such that the appraisal shall be based on the condition of the demised premises as same existed on the delivery date as improved by Landlord’s Construction Contribution.President /s/ Xxxxxxx Xxxxxxxxxx ------------------------------- Xxxxxxx Xxxxxxxxxx, Treasurer (Corporate Seal) EXHIBIT A PLAN SHOWING LOCATION OF THE BUILDING EXHIBIT B LANDLORD'S REQUIRED WORK IN WAREHOUSE SPACE