Common use of Option to Extend Clause in Contracts

Option to Extend. If the Tenant has not been in material default (any default cured within any applicable curative period provided for in this Lease is not material) of any of the terms, covenants and conditions contained herein during the Term of the Lease, and provided it is not at the date of exercising the option in default under the Lease, it shall have the option of extending the Term of this Lease for two further terms of five (5) years (the “Extension Terms”) by giving written notice to the Landlord of its intention to extend at least six (6) months before the expiration of this Lease or the first Extension Term, as the case may be, and failing same the option herein contained shall be null and void, such extension to be on the same terms and conditions as in this Lease except as to Base Rent, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right of renewal or extension. The Base Rent for the Extension Terms shall be equal to the then fair market value rent for similar commercial premises situate in the vicinity of the Premises (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree as to the Base Rent during the Extension Terms, then the same shall be determined by arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Extension Term has been determined, the Tenant shall continue to pay Base Rent at the monthly amount paid in the last year of the Term, or first Extension Term, as the case may be.

Option to Extend. If the Provided that Tenant has not been in material default (any default cured within any applicable curative period provided for in this Lease is not material) of any of the terms, covenants and conditions contained herein during the Term of the then in Default under this Lease, and provided it is further that this Lease shall not at the date of exercising the option in default under the Leasehave theretofore been assigned, it Tenant shall have the option of extending right, at Tenant’s option, to extend the Term of this Lease for two further terms one (1) additional period of five (5) years (such additional period being herein referred to as the “Optional Extension TermsTerm”), Such option to extend (the “Option to Extend”) shall be exercised by Tenant giving written notice of the exercise thereof to the Landlord of its intention to extend at least six nine (69) months before the expiration of Expiration Date. The Optional Extension Term shall be upon the same terms, covenants, and conditions as set forth in this Lease with respect to the Term, except that (a) Landlord shall have no obligation whatsoever to alter, improve or remodel the first Premises and (b) the Base Rent and Rent Adjustments payable during the Optional Extension Term, if exercised, shall equal to 95% of the then-prevailing Fair Market Rental· Rate for the Premises, as defined below. At any time within twelve (12) months prior to the case may be, and failing same the option herein contained shall be null and void, such extension to be on the same terms and conditions as in this Lease except as to Base RentExpiration Date, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right of renewal or extension. The Base Rent for the Extension Terms shall be equal to the then fair market value rent for similar commercial premises situate may request in the vicinity writing that Landlord provide Tenant with its determination of the Fair Market Rental Rate for this Premises (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree as to the Base Rent which shall apply during the Extension Terms, then the same shall be determined by arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Optional Extension Term has been determinedand Landlord shall furnish same in writing to Tenant within thirty (30) days after such request. For purposes of this Article 35, the Tenant shall continue to pay Base Rent at the monthly amount paid in the last year of the Term, or first Extension Term, as the case may be.term “

Option to Extend. If the The Tenant has not been in material default (any default cured within any applicable curative period provided for in this Lease is not material) of any of the terms, covenants and conditions contained herein during may extend the Term of the Lease, and provided it is not at the date of exercising the option in default under the Lease, it shall have the option of extending the Term of this Lease for two further terms an additional period of five (5) years (such extended period being called the “Extension TermsExtended Term”), provided that the Tenant: (i) by giving written notice to has duly and punctually observed and performed all of the Tenant’s covenants and obligations under this Lease throughout the Term in accordance with the terms of this Lease; (ii) is not in default of, and has not previously been in default of, any of the Tenant’s covenants and obligations under this Lease; (iii) is in possession of and is conducting its business in the whole of the Premises; (iv) advises the Landlord of its intention in writing that it wishes to extend at least six (6) the Term not more than 12 months before and not less than 6 months prior to the expiration of this Lease or the first Extension original Term, as the case may be, and failing same the option herein contained which this right to extend shall be rendered null and void, such extension to be on the same terms and conditions as in this Lease except as to Base Rent, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right of renewal or extension. The Base Rent for the Extension Terms shall be equal to the then fair market value rent for similar commercial premises situate in the vicinity of the Premises (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree Tenant exercises its right to extend the Term in accordance with the foregoing, the Lease shall be read as to if the original Term was for a period of ten (10) years commencing on the Commencement Date and: (v) the Base Rent during the Extension TermsExtended Term shall be the then current fair market rental value of the Premises based on prevailing market rates for similar improved premises in similar buildings in the area of the Building, then as established by the same mutual agreement of the Landlord and the Tenant, but in no event shall the Base Rent payable during the Extended Term be less than the Base Rent payable during the last year of the original Term. If the Base Rent for the Extended Term has not been mutually agreed upon by the Landlord and the Tenant at least 3 months prior to the expiry of the original Term, the Base Rent for the Extended Term shall be determined by arbitration by a single arbitrator pursuant chosen by the Landlord and the Tenant, and if they cannot agree upon the arbitrator within 5 days after the written request for arbitration by either party to the Arbitration Actother, 1991 either party may apply to a judge for the appointment of Ontario, or its successor, based on fair market rent an arbitrator in accordance with the provisions of the PremisesArbitration Act (British Columbia), as amended from time to time. Any costs for The provisions of the Arbitration Act shall govern the arbitration and the decision of the arbitrator shall be borne equally final and binding upon the parties. Each party shall pay one-half of the fees and expenses of the arbitrator. The arbitrator shall be instructed to render its decision no later than 15 days prior to the expiry of the original Term, but if the arbitrator fails to do so: A. the Tenant shall pay the same Base Rent it was paying during the last 12 months of the original Term; and B. upon the arbitrator rendering its decision, any adjustments in Base Rent shall be made effective the commencement of the Extended Term and shall be paid by the relevant party within 15 days of the arbitrator rendering its decision. All documents and proceedings with respect to the arbitration are to be kept confidential by each of the parties; and (vi) the Landlord may require the Tenant to amend the Lease to bring it into conformity with the Landlord’s then-standard form of lease. For greater certainty, the parties acknowledge and agree that upon the Tenant exercising its within right to extend the Term: (vii) the Tenant will not be entitled to further extend the Term; (viii) the Landlord will not be required to perform the Landlord’s Work, if any, and the Tenant will not be required to perform the Tenant’s Work; and (ix) the Tenant will not be entitled to any leasehold improvement allowance, tenant inducement or rent free period. The exercise of the within right to extend is solely within the control of the Tenant and nothing contained in the Landlord. Until such time as Lease obligates or requires the Base Rent for an Extension Term has been determined, Landlord to remind the Tenant shall continue to pay Base Rent at exercise the monthly amount paid in the last year of the Term, or first Extension Term, as the case may bewithin right to extend.

Option to Extend. If the Tenant has not been in material default (any default cured within any applicable curative period provided for in this Lease is not materialin default beyond applicable notice and cure periods on the date that Tenant exercises its Extension Option (as defined below), Tenant shall have one (1) option (the "Extension Option") to extend the initial Term for an additional period of any one (1) year (the "Extended Term"). To exercise Tenant's option with respect to the Extended Term, Tenant shall give notice to Landlord not more than eighteen (18) months and not less than twelve (12) months prior to the expiration of the initial Term ("Election Notice"). A. If Tenant properly and timely exercises Tenant's Extension Option pursuant to this Section 2.8, the Extended Term shall be upon all of the same terms, covenants and conditions contained herein of this Lease; provided that the Base Monthly Rent applicable to the Premises for the Extended Term shall be the greater of: (i) the Base Monthly Rent as of the last month of the initial Term, or (ii) one hundred percent (100%) of the "Fair Market Rent" for space comparable to the Premises as of the commencement of the Extended Term. "Fair Market Rent" shall mean the annual rental being charged for space comparable to the Premises in buildings comparable to the Building located in the City of Fremont, County of Alameda, California, taking into account location, condition, existing improvements to the space, and any improvements to be made by Landlord to the Premises in connection with the Extended Term and that there will be no free rent, tenant improvement allowance or other concessions under this Lease during the Term of the Lease, Extension Tenn and provided it is not at the date of exercising the option in default under the Lease, it shall have the option of extending the Term of this Lease for two further terms of five (5) years (the “Extension Terms”) no brokerage commissions paid by giving written notice to the Landlord of its intention to extend at least six (6) months before the expiration of this Lease or the first Extension Term, as the case may be, and failing same the option herein contained shall be null and void, such extension to be on the same terms and conditions as in this Lease except as to Base Rent, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right of renewal or extension. The Base Rent for the Extension Terms shall be equal to the then fair market value rent for similar commercial premises situate in the vicinity of the Premises (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree as to the Base Rent during the Extension Terms, then the same shall be determined by arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Extension Term has been determined, the Tenant shall continue to pay Base Rent at the monthly amount paid in the last year of the Term, or first Extension Term, as the case may be.

Option to Extend. If Tenant at its option may extend the Tenant has not been in material default (any default cured within any applicable curative period provided for in this Lease is not material) of any of the terms, covenants and conditions contained herein during the Term of the Lease, and provided it is not at the date of exercising the option in default under the Lease, it shall have the option of extending the Term term of this Lease for up to two further terms (2) extension term(s) of five (5) years (the “Extension Terms”each) by giving serving written notice to the thereof upon Landlord of its intention to extend at least six (6) months before the expiration of the initial Lease Term (or any extension term), provided that at the time of such notice and at the commencement of such extended term, no uncured event of default, as defined in Section 20 of this Lease, shall have occurred. Upon the service of such notice and subject to the conditions set forth in the preceding sentence, this Lease shall be extended without the necessity of the execution of any further instrument or document. Such extended term shall commence upon the expiration date of the initial Lease Term (or the first Extension Termprior extension term), as expire upon the case may beannual anniversary of such date five (5) years thereafter, and failing same the option herein contained shall be null and void, such extension to be on upon the same terms terms, covenants, and conditions as provided in this Lease for the initial term, except that the Base Rent payable during each extended term shall be at the prevailing rate (the "Market Rate") for comparable space in office buildings comparable to the Building located in the same submarket in Dallas County, Texas, taking into consideration quality of construction and finish of the Building, the ease of accessibility to the Building from major thoroughfares, and the availability of free parking associated with the Building, at the commencement of each such extended term, which new Base Rent shall be adjusted as provided in and under this Lease. Any termination of this Lease during the initial term (or any extension term) shall terminate all rights of extension hereunder. Any assignment or subletting by Tenant pursuant to Base RentSection 11 of this Lease shall terminate the option(s) of Tenant contained herein. Notwithstanding the foregoing, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right of renewal or extension. The in no event shall the Base Rent for the Extension Terms shall any extension term be equal to the then fair market value rent for similar commercial premises situate in the vicinity of the Premises (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree as to less than the Base Rent during the Extension Terms, then the same shall be determined by arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Extension Term has been determined, the Tenant shall continue to pay Base Rent at the monthly amount paid in the last year of the Term, initial term (or first Extension Term, as the case may beprior extension term).

Option to Extend. If the Provided that Tenant has is not been then in material default (any default cured within any applicable curative period provided for in Default under this Lease is not material) beyond the expiration of any of the termsapplicable notice and cure periods, covenants and conditions contained herein during the Term of the Lease, and provided it is not at the date of exercising the option in default under the Lease, it then Tenant shall have the option of extending right, at Tenant’s option, to extend the Term of this Lease for two further terms (2) additional periods of five (5) years (each such additional period being herein referred to as the “Optional Extension TermsTerm”). Such options to extend (the “Options to Extend”) shall be exercised by Tenant giving written notice of the exercise thereof to the Landlord of its intention to extend at least six nine (69) months before the expiration of this Lease or the first Extension Term, as the case may be, and failing same the option herein contained shall be null and void, each such extension to be on the same terms and conditions as in this Lease except as to Base Rent, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right of renewal or extensionExpiration Date. The Base Rent for the Optional Extension Terms shall be equal upon the same terms, covenants, and conditions as set forth in this Lease with respect to the then fair market value rent for similar commercial premises situate in the vicinity of Term, except that (a) Landlord shall have no obligation whatsoever to alter, improve or remodel the Premises and (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree as to b) the Base Rent and Rent Adjustments payable during the Extension Terms, then the same shall be determined by arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Extension Term has been determined, the Tenant shall continue to pay Base Rent at the monthly amount paid in the last year of the Term, or first Optional Extension Term, if exercised, shall equal 95% of the then-prevailing Fair Market Rental· Rate for the Premises, as defined below. At any time within twelve (12) months prior to the case Expiration Date, Tenant may be.request in writing that Landlord provide Tenant with its determination of the Fair Market Rental Rate for this Premises which shall apply during the Optional Extension Term and Landlord shall furnish same in writing to Tenant within thirty (30) days after such request. For purposes of this Article 35, the term “

Option to Extend. If the Tenant So long as: (a) This Agreement has been executed and delivered by Licensee in a form acceptable to Licensor; (b) Licensee is not and has not been in material default under the License Agreement; (any default cured within any applicable curative period c) No transfer affecting Licensee, the Premises or the License Agreement has occurred, except as otherwise provided for in this Lease is not materialthe License Agreement; and (d) Licensee gives to Licensor written notice of any its intention to extend the term of the terms, covenants and conditions contained herein during License Agreement not more than twelve (12) months nor less than nine (9) months prior to the Term expiry of the Lease, and provided it is not at the date of exercising the option in default under the Lease, it Term; The Licensee shall have the option right to extend the term of extending the Term of this Lease License Agreement for two one (1) further terms period of five (5) years (the “Extension Terms”) by giving written notice to the Landlord of its intention to extend at least six (6) months before the expiration of this Lease or the first Extension Term, as the case may be, and failing same the option herein contained shall be null and void, such extension to be on upon the same terms and conditions as contained in this Lease the License Agreement except as to Base Rent, Tenant Inducements or Allowances, Realtor Fees, fixturing otherwise expressly provided therein and any other rent free periods, Landlord’s Work and except that there shall be no further right of renewal extension or extension. The Base Rent for renewal, no rent concessions, no Licensor’s Work required, no fixturing period and no Licensee allowance or any other amount payable by Licensor to Licensee, and the Extension Terms annual Licensee Fee shall be equal to to: (i) the then fair market value rent for similar commercial premises situate in the vicinity of the Premises (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree as to the Base Rent annual License Fee payable during the Extension Terms, then the same shall be determined by arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Extension Term has been determined, the Tenant shall continue to pay Base Rent at the monthly amount paid in the last prior year of the Termterm increased by an amount at fair market rate for the Premises as agreed upon by the parties having regard to the finished condition of the premises at the time of extension and having regard to then applicable License Fees for similar premises for similar term in the Building. The parties shall make all reasonable efforts to reach agreement as to fair market annual License Fee for the extension term not less than three (3) months prior to the commencement of the extension term, and failing such agreement, fair market annual License Fee for the extension term shall be fixed by an independent real estate appraiser appointed by Licensor and approved by Licensee acting reasonably. If Licensor so elects, Licensee shall execute Licensor’s then current form of amending agreement or first Extension Termlicense agreement, as determined by Licensor, to give effect to such extension of the case may beterm.

Option to Extend. If Subject to Paragraph 31.B. and 31.C. below, the Tenant has not been in material default (any default cured within any applicable curative period provided for in term of this Lease is not material) of any of the termsmay be extended, covenants and conditions contained herein during the Term of the Lease, and provided it is not at the date of exercising the option in default under the Lease, it shall have the option of extending the Term of this Lease Tenant, for two further terms one additional period of five (5) years (the “Extension Terms”) by giving written notice to the Landlord of its intention to extend at least six (6) months before the expiration of this Lease or the first Extension "Renewal Term, as the case may be, and failing same the option herein contained "). The Renewal Term shall be null and void, such extension to be on upon the same terms terms, covenants and conditions as contained in this Lease except as to for the amount of Base RentRent payable during the Renewal Term, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right reference in the Lease to the "Term" or "term" of renewal or extension. The Base Rent for the Extension Terms Lease shall be equal deemed to include the then fair market value rent for similar commercial premises situate in Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant shall have no extension option beyond the vicinity aforesaid five (5) year extension option. Any termination of this Lease during the Premises (without taking into account the Tenant’s improvements within the Premises). If the parties cannot agree as to the initial term of this Lease shall terminate all rights under this Paragraph. A. The Base Rent during the Extension Terms, Renewal Term for any space then constituting a portion of the same Premises shall be at a rate equal to the greater of: (i) the Base Rent in effect on the day immediately preceding the commencement of the Renewal Term, or (ii) the Market Rent. The term "Market Rent" shall mean the rental rate and applicable adjustments (as reasonably determined by arbitration by Landlord) for new leases or lease renewals of comparably located and finished office space, of a single arbitrator size similar to the Premises, in the Milwaukee, Wisconsin, area for buildings of similar age and quality to the Building, including inducements and allowances. Tenant's obligation to pay Operating Cost Share Rent and Tax Share Rent pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Extension Term has been determined, the Tenant Lease shall continue to pay Base Rent at during the monthly amount paid in the last year of the Renewal Term, or first Extension Term, as the case may be.

Option to Extend. If Tenant shall have the right to extend the Term of this Lease, such right shall be personal to the original Tenant has not been in material default (any default cured within any applicable curative period provided for named in this Lease is and shall not material) of be exercisable by any assignee or subtenant of the termsoriginal Tenant named nor shall such right be exercisable by the original Tenant named in this Lease if such original Tenant shall have theretofore assigned its interest in this Lease or shall have sublet the Demised Premises. In order for such right to be effectively exercised, covenants and conditions contained herein during such right must be exercised by notice to Landlord no earlier than 547 days but no later than 365 days prior to the Term expiration of the Leaseexisting Term. Any exercise of the option under this Lease shall be of no effect, if Tenant is in default beyond the applicable period for curing the same at the time of such notice, or is in default at the commencement of the Extended Period, or has been in default. Tenant agrees that it shall waive its right to exercise such option if it shall fail for any reason whatsoever to give such notice to Landlord by the time provided for the giving of such notice, whether such failure is inadvertent or intentional, time being of the essence as to the exercise of such option. Such Extended Period shall be at the same terms and conditions, and provided it is not at Tenant shall pay the date of exercising the option in default under the LeaseFixed Rent and Additional Rent as set forth herein, it but Tenant shall have the option of extending no further right to extend the Term of this Lease for two further terms of five (5) years (the “Extension Terms”) by giving written notice to the Landlord of its intention to extend at least six (6) months before the expiration of this Lease or the first Extension Term, as the case may be, and failing same the option herein contained shall be null and void, such extension to be on the same terms and conditions as in this Lease except as to Base Rent, Tenant Inducements or Allowances, Realtor Fees, fixturing and any other rent free periods, Landlord’s Work and further right of renewal or extension. The Base Rent for the Extension Terms shall be equal to the then fair market value rent for similar commercial premises situate provided in the vicinity of the Premises (without taking into account the Tenant’s improvements within the PremisesSection 1.01(K). If the parties cannot agree as to the Base Rent during the Extension Terms, then the same shall be determined by arbitration by a single arbitrator pursuant to the Arbitration Act, 1991 of Ontario, or its successor, based on fair market rent of the Premises. Any costs for arbitration shall be borne equally by the Tenant and the Landlord. Until such time as the Base Rent for an Extension Term has been determined, the Tenant shall continue to pay Base Rent at the monthly amount paid in the last year of the Term, or first Extension Term, as the case may be).