Common use of Option to Extend Term Clause in Contracts

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) additional period of two (2) years, commencing upon the expiration of the initial term hereof. Exercise of such option shall be by written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the extended term is to commence, then the exercise of the option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease beyond its prescribed term.

Appears in 3 contracts

Samples: Lease (OMNICELL, Inc), Lease (Portola Pharmaceuticals Inc), Lease (Portola Pharmaceuticals Inc)

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Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and (c) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) additional period of up to two (2) yearsadditional periods of five (5) years each, the first commencing upon the expiration of the initial term hereofhereof and the second commencing upon the expiration of the first extended term, if any. Exercise of such option with respect to the first such extended term shall be by written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereof; exercise of such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by like written notice to Landlord at least nine (9) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, hereunder on the date of such notice notice, or on the date the any extended term is to commence, then the exercise of the option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the one or more extension option options under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term term(s) thus elected by Tenant. Tenant Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this that Lease beyond its prescribed term.

Appears in 2 contracts

Samples: Sublease (Five Prime Therapeutics Inc), Sublease (Five Prime Therapeutics Inc)

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) option (the "Extension Option") to extend the Term of this Lease for an additional period of two five (25) years, commencing upon years immediately following the expiration of Initial Term (the initial term hereof"Extended Term"). Exercise of such option shall The Extension Option may be exercised by Tenant only by irrevocable written notice of exercise delivered to Landlord at least no later than nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereofExpiration Date. If Tenant is does not deliver a notice of exercise by such date then the Extension Option shall immediately terminate and be of no further force or effect and this Lease shall terminate at the end of the Initial Term. Tenant's Extension Option shall be personal to Tenant and any Permitted Transferee (as defined in default hereunder, beyond Section 17.3) and may not be exercised by or for the benefit of any applicable notice and cure periods, other assignee or subtenant. Tenant may not exercise the Extension Option if on the date of such notice or on the date the extended term Tenant is to commence, then the in default (after any required notice and expiration of any applicable cure period) under this Lease. If Tenant becomes in default (after any required notice and expiration of any applicable cure period) under this Lease after exercise of the option shall be Extension Option but before the Expiration Date of no force or effectthe Initial Term, Landlord may, in addition to its other remedies under this Lease, elect to terminate such extension by notice in writing to Tenant, whereupon the extended term shall not commence and this Lease Term shall expire at the end of the then current term hereof (or at without any such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease beyond its prescribed termextension.

Appears in 1 contract

Samples: Nastech Pharmaceutical Co Inc

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b3.1(d) and (e) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) additional period of up to two (2) yearsadditional periods of three (3) years each, commencing upon the expiration of the initial term hereof. Exercise of such option with respect to the first such extended term shall be by written notice to Landlord at least nine six (96) months and not more than twelve eight (12) 8) months prior to the expiration of the initial term hereof; exercise of such option with respect to each subsequent extended term, if all previous extension options have been duly exercised, shall be by like written notice to Landlord at least six (6) months and not more than eight (8) months prior to the expiration of the immediately preceding extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, hereunder on the date of such notice or on the date the any extended term is to commence, then the exercise of the option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.62.7, Tenant shall have no right to extend the term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Lease (Ribogene Inc / Ca/)

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) additional period of two (2) years, commencing upon the expiration of the initial term hereof. Exercise of such option shall be by written notice to Landlord at least nine six (96) months and not more than twelve (12) months prior to the expiration of the initial term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the extended term is to commence, then the exercise of the option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Lease (Linkedin Corp)

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b3.1 (b) below and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) additional period of up to two (2) yearsadditional periods of five (5) years each, the first commencing upon the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term hereof. Exercise of such option with respect to the first extended term shall be by written notice to Landlord at least nine (9) months and not more than twelve fifteen (1215) months prior to the expiration of the initial term hereof. Exercise of such option with respect to the second extended term shall be by written notice to Landlord at least nine (9) months and not more than fifteen (15) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the applicable extended term is to commence, then the exercise of the applicable option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the one or both extension option options under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Lease (Alexza Pharmaceuticals Inc.)

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b3.1(e) and (f) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) additional period of up to two (2) yearsadditional periods of five (5) years each, commencing upon the expiration of the initial term hereof. Exercise of such option with respect to the first such extended term shall be by written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereof; exercise of such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by like written notice to Landlord at least twelve (12) months prior to the expiration of the first extended term hereof. If Tenant Xxxxxx is in default hereunder, beyond any --------------------------- *CONFIDENTIAL TREATMENT REQUESTED 5 applicable notice and cure periods, on the date of such notice or on the date the any extended term is to commence, then the exercise of the option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the one or more extension option options under this Section, then all references in this Lease (other than in this Section 2.6) to the "term" of this Lease shall be construed to include the extension term term(s) thus elected by TenantXxxxxx. Except as expressly set forth in this Section 2.62.6 and in Section 2.7, Tenant shall have no right to extend the term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Sugen Inc

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Option to Extend Term. Tenant shall have the option two (2) separate options to extend the then term of this Lease, at the minimum rental set forth in Section 3.1(beach case for an additional five (5) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Leaseyear period (i.e., for one (1) additional period of two (2) yearsa total, commencing upon the expiration of the initial term hereof. Exercise if any of such option options is exercised as provided herein, of ten (10) successive years beyond the Original Term) (each five (5) year period being referred to herein as an "Extended Term"), provided (i) to exercise any such option, Tenant shall be by written give notice in writing to Landlord at least nine (9) months and of its exercise not more less than twelve (12) months prior to the expiration of the initial term hereof. If Tenant is in Original Term or the first Extended Term, as applicable (the "Exercise Date"), and (ii) no default hereunder, continuing beyond any applicable notice and notice, grace or cure periods, on period in the date obligations of such notice or on the date the extended term is to commence, then the exercise of the option shall be of no force or effect, the extended term shall not commence and Tenant under this Lease shall expire exist at the end time each such notice is given. All of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default terms and provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.6, applicable during each such Extended Term except that (i) Tenant shall have no right option to extend the term Term of this Lease beyond the second Extended Term and (ii) the Annual Fixed Rent for each Extended Term shall be adjusted in accordance with Section 2.4 hereof. The word "Term" or "term" as used herein shall mean the Original Term, plus any of the Extended Terms as to which Tenant shall have exercised its prescribed termoption under this Section 2.2.

Appears in 1 contract

Samples: Lease Agreement (Arqule Inc)

Option to Extend Term. (a) At the expiration of the original five (5) year term the Lease (the "Expiration Date"), Tenant shall have the option to may extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, Lease for one (1) additional period of two five (25) yearsyears (the "Second Extended Term"), commencing upon immediately following the expiration Expiration Date of the initial term hereofFirst Extended Term. Exercise Tenant shall exercise this option, if at all, by giving Landlord notice of such option shall be by written notice Tenant's intention to Landlord do so at least nine six (96) months and not but no more than twelve (12) months prior to the expiration Expiration Date of the initial term hereofFirst Extended Term. If In no event shall any purported exercise of such option by Tenant be effective if Tenant is in default hereunderof any material term, beyond any applicable notice and cure periodscovenant, agreement or obligation on its part under this Lease during the period from the date Tenant exercises its option hereunder up to and including the commencement of the Second Extended Term, provided that Tenant shall have received written notice of such notice or on default and then failed to cure such default within the date applicable cure period. The Second Extended Term shall be upon all the extended term is to commence, then the exercise terms and conditions of the option Lease, except that Monthly Rent shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time adjusted as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease beyond its prescribed termSubparagraph 2(b) below.

Appears in 1 contract

Samples: Lease (Verilink Corp)

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) additional period of two five (25) years, years commencing upon the expiration of the initial term hereof. Exercise of such option shall be by written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the extended term is to commence, then the exercise of the option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current initial term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Lease (Exelixis Inc)

Option to Extend Term. Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one (1) option (the “Extension Option”) to extend the Term of this Lease for an additional period of two five (25) years, commencing upon years immediately following the expiration of Initial Term (the initial term hereof“Extended Term”). Exercise of such option shall The Extension Option may be exercised by Tenant only by irrevocable written notice of exercise delivered to Landlord at least no later than nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereofExpiration Date. If Tenant is does not deliver a notice of exercise by such date then the Extension Option shall immediately terminate and be of no further force or effect and this Lease shall terminate at the end of the Initial Term. Tenant’s Extension Option shall be personal to Tenant and any Permitted Transferee (as defined in default hereunder, beyond Section 17.3) and may not be exercised by or for the benefit of any applicable notice and cure periods, other assignee or subtenant. Tenant may not exercise the Extension Option if on the date of such notice or on the date the extended term Tenant is to commence, then the in default (after any required notice and expiration of any applicable cure period) under this Lease. If Tenant becomes in default (after any required notice and expiration of any applicable cure period) under this Lease after exercise of the option shall be Extension Option but before the Expiration Date of no force or effectthe Initial Term, Landlord may, in addition to its other remedies under this Lease, elect to terminate such extension by notice in writing to Tenant, whereupon the extended term shall not commence and this Lease Term shall expire at the end of the then current term hereof (or at without any such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises the extension option under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease beyond its prescribed termextension.

Appears in 1 contract

Samples: Nastech Pharmaceutical Co Inc

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