Common use of Options to Extend Clause in Contracts

Options to Extend. (a) Tenant shall have two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 3 contracts

Samples: Non Disturbance and Attornment Agreement (Genzyme Corp), Lease (BioMed Realty Trust Inc), Environmental Agreement (Genzyme Corp)

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Options to Extend. Landlord does hereby grant to Assignee under that certain Agreement for Assignment and Assumption of Lease and Termination of Shared Facilities Agreement dated effective March 1, 2007 (athe “Assignment”) Tenant shall have two (2) options the right, privilege, and option to extend the Term of this Lease (the "Options to Extend"each an “Extension Option”) for successive three (3) periods of ten five (105) years each (each an “Extension Term”) from the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") date of such desire not later than twenty-one (21) months prior to the expiration of the Initial initial Term of this Lease hereof or the preceding prior Extension PeriodTerm, as applicable, upon the case may be. Thereaftersame terms and conditions as herein contained, the Fair Market Rent (except as defined in Subsection (b) below) for the applicable Extension Period to “Base Rent”, which shall be determined in accordance with Subsection (e) belowthe following paragraphs, and except that a Security Deposit shall be required, which shall be determined in accordance with the following paragraphs. After In the applicable Fair Market Rent has been so determinedevent Assignee desires to exercise its option to extend this Lease, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) then at least eighteen (18) months prior to the expiration of the Initial initial Term or the applicable Extension Term, Assignee shall give Landlord a written notice binding upon Assignee and Landlord (the “Extension Notice”), exercising an Extension Option. If Assignee exercises an Extension Option in the manner set forth herein Landlord and Assignee shall promptly execute and deliver an amendment to the Lease. In the event that Assignee fails to give an Extension Notice, as set forth herein, then Assignee’s right to extend this Lease shall terminate and be of no further force and effect. The Extension Options hereunder may be exercised only by Assignee under the Assignment. Assignor may not exercise the Extension Options. If the first Extension Option is exercised by Assignee, Assignor shall be released from all liabilities arising under this Lease after the commencement of the first Extension Term. No Extension Option may be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than the Assignee or a party to which the Lease is transferred that would qualify as a Permitted Transfer in Section 17(b) of the SBRI Lease. Further, the Extension Options herein granted to Assignee are not assignable separate and apart from this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 3 contracts

Samples: Lease (Juno Therapeutics, Inc.), Lease (Juno Therapeutics, Inc.), Sublease Agreement (Juno Therapeutics, Inc.)

Options to Extend. Provided there exists no uncured Event of Default under any of this Lease, the Related Leases and the Other Leases at the time Lessee exercises any option to extend (a) Tenant shall in accordance with this Article XVIII), Lessee will have the right to extend this Lease for two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the each such additional term shall be referred to herein as an "Extension PeriodsExtended Term"), subject commencing immediately following the end of the Initial Term or the immediately preceding Extended Term, as the case may be; provided, however, that notwithstanding anything stated in this Paragraph 18.1 or elsewhere in this Lease, Lessee shall not be entitled to exercise its option to extend this Lease for any Extended Term (and any such option to extend shall automatically expire and terminate) unless Lessee concurrently exercises its option to extend all the Related Leases for the same period, as provided in Article XVIII of the Related Leases. The Lease during any Extended Term shall be on the same terms and conditions as during the Initial Term, except that the Minimum Rent shall be determined as set forth hereinin Paragraph 18.2 below. Tenant may only exercise In the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire event Lessee desires to exercise either Option any option to Extendextend granted in this Article XVIII, it Lessee shall give Landlord a written notice (the "Inquiry NoticeNotice to Extend") of such desire not later less than twenty-one hundred eighty (21180) months days prior to the expiration of the Initial Term of this Lease or the immediately preceding Extension PeriodExtended Term, as the case may be. ThereafterIf Lessee fails to give Lessor any such notice, then Lessor shall give Lessee written notice that Lessor has not received Lessee's Notice to Extend. If Lessee fails to deliver to Lessor the Fair Market Rent Notice to Extend within ten (as defined in Subsection (b10) below) for the applicable Extension Period days thereafter, Lessee shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived elected not to extend this Lease and the Related Leases, such Option option to Extend hereunderextend and all future options to extend granted in this Article XVIII or in the Related Leases shall be null and void and of no further force or effect.

Appears in 3 contracts

Samples: Lease And (LTC Healthcare Inc), Lease (LTC Healthcare Inc), Lease (LTC Healthcare Inc)

Options to Extend. (a) Provided that, at the time of each such exercise, (i) this Lease is in full force and effect, and (ii) no Event of Default shall have occurred and be continuing (either at the time of exercise or at the commencement of an Extended Term) (any of which conditions described in clauses (i) and (ii) may be waived by Landlord at any time), Tenant shall have two (2) options the right and option to extend the Term of this Lease for two (the "Options to Extend"2) for successive periods extended terms (each, an “Extended Term”) of ten five (105) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a by giving written notice (the "Inquiry “Extension Notice") of such desire to Landlord not later than twenty-one fifteen (2115) months prior to the expiration date of the Initial initial Term or the first Extended Term, as applicable. The effective giving of an Extension Notice shall automatically extend the Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extended Term (provided no Event of Default shall have occurred and be continuing either on the date of the Extension Period shall Notice or at the commencement of an Extended Term), and no instrument of renewal or extension need be determined in accordance with Subsection (e) belowexecuted. After the applicable Upon determination of Fair Market Rental Value (as hereinafter defined), Landlord and Tenant shall enter into an agreement setting forth the Extended Term, new Termination Date, new Base Rent has been so determinedrate and any such other terms agreed to by Landlord and Tenant. In the event that Tenant fails timely to give an Extension Notice to Landlord, Tenant may exercise each Option to Extend by giving Landlord written notice (this Lease shall automatically terminate at the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration end of the Initial Term, and Tenant shall have no further option to extend the Term of this Lease, . Each Extended Term shall commence on the day immediately succeeding the expiration date of the Term or the preceding Extension Periodfirst Extended Term, as the case may be, whichever is earlierand shall end on the day immediately preceding the fifth (5th) anniversary of the first day of such Extended Term. If Tenant fails The Extended Terms shall be on all the terms and conditions of this Lease, and all references in this Lease to timely give either the Inquiry Notice or Term shall be deemed to include each Extended Term, except: (i) during the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlordsecond Extended Term, Tenant shall have no further option to extend the Term, and (ii) the Base Rent for each Extended Term shall be conclusively deemed equal to have waived the Fair Market Rental Value of the Premises as of the commencement of such Option Extended Term, taking into account all relevant factors, determined pursuant to Extend hereunderparagraph (b) below.

Appears in 2 contracts

Samples: Lease (Mercury Computer Systems Inc), Lease (Mercury Computer Systems Inc)

Options to Extend. Provided that Evolent Health, Inc., a Delaware corporation or any Affiliate (aas defined in Section 23.F. hereof) Tenant (collectively, “Evolent”) is not then in Default, both at the time of exercise of the Renewal Option (as hereinafter defined), in question, and at the commencement of the Renewal Period (as hereinafter defined), in question, and is then in occupancy of the Premises at the time of exercise of the Renewal Option in question, and at the time of the commencement of the Renewal Period in question, Evolent shall have two three (23) successive options (the “Renewal Options”) to extend the Term of this Lease the Lease, each of which Renewal Options shall be to extend the Term for a three (3) year period (the "Options “Renewal Periods”) after the expiration of the initial Term. Each Renewal Option shall be exercisable only by written notice given by Evolent to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one twelve (2112) months months, nor earlier than fifteen (15) months, prior to the expiration of the Initial Term of this Lease initial Term, or the preceding Extension PeriodRenewal Period then in effect, as the case may be. ThereafterIn the event that Evolent does not timely exercise a Renewal Option, said Renewal Option and all successive Renewal Options shall be null and void and of no further force or effect, time being of the Fair essence in the exercise of each Renewal Option and it being acknowledged and agreed by Evolent that Landlord shall be entitled to rely on any failure by Evolent to give written notice of its exercise of its Renewal Option by the date set forth herein for such exercise thereof. All terms and conditions of this Lease shall be applicable during the Renewal Period except that the amount of Base Rent charged for each Renewal Period shall be the then “Prevailing Market Rent”, which shall be the rent for comparable office space being leased to renewal tenants in buildings of comparable size, class and location to the Building in the Ballston submarket of Virginia, taking into account such market concessions, if any, as are then being offered to renewal tenants leasing office space of a comparable size to the Premises in buildings having a comparable size, class and location to the Building in the Ballston submarket of Virginia, including, but not limited to, if applicable, market escalations, rental abatements, tenant improvement allowances and the inclusion or exclusion of a market fee for Tenant’s then current real estate advisor. If within thirty (30) days following delivery of Evolent’s notice (or a Landlord’s Offer (as hereinafter defined) which may be given by Landlord pursuant to Section 44 below), Landlord and Evolent have not mutually agreed on the Prevailing Market Rent for the Renewal Period in question (or for the Available Space in question, in the case of a Landlord’s Offer pursuant to Section 44 below), then Landlord and Tenant shall use the following method for the determination of the Prevailing Market Rent (the “3-Broker Method”): within ten (10) business days after the expiration of such thirty-day period, each party shall give written notice to the other setting forth the name and address of a Broker (as defined hereinafter defined) selected by such party who has agreed to act in Subsection (b) below) for such capacity, to determine the applicable Extension Period Prevailing Market Rent; provided, however, that Tenant shall have the right, only within the aforesaid ten business day period, to provide Landlord with written notice of Tenant’s election to withdraw its Renewal Option, in which event said Renewal Option and all successive Renewal Options shall be null and void and of no further force or effect and the Lease shall terminate on the scheduled date of expiration or earlier termination of this Lease. If after the expiration of such ten business day period Tenant has not provided its notice to withdraw its Renewal Option, and either party has failed to select a Broker as aforesaid, the Prevailing Market Rent shall be determined in accordance with Subsection (e) belowby the Broker selected by the other party. After Each Broker shall thereupon independently make his determination of the applicable Fair Prevailing Market Rent within twenty (20) days after the appointment of the second Broker. If the two Brokers’ determinations are not the same, but the higher of such two values is not more than one hundred five percent (105%) of the lower of them, then the Prevailing Market Rent shall be deemed to be the average of the two values. If the higher of such two values is more than one hundred five percent (105%) of the lower of them, then the two Brokers shall jointly appoint a third Broker within ten (10) days after the second of the two determinations described above has been so determined, Tenant may exercise each Option rendered. The third Broker shall independently make his determination of the Prevailing Market Rent within twenty (20) days after his appointment. The highest and the lowest determinations of value among the three brokers shall be disregarded and the remaining determination shall be deemed to Extend by giving Landlord written notice be the Prevailing Market Rent. Within thirty (30) days after the "Exercise Notice") later to occur of its election to do so not later than (xi) the date by on which Fair Landlord and Tenant agree upon the Prevailing Market Rent has been or (ii) the date on which the Prevailing Market Rent is otherwise determined pursuant by the 3-broker method as aforesaid, Landlord and Evolent shall execute an amendment to this Section 10.12 or (y) eighteen (18) months prior Lease setting forth the terms as to the expiration of the Initial Term of this Lease, or the preceding Extension Renewal Period, as the case may be, whichever is earlier. If Tenant fails Evolent shall fail to timely give either execute said amendment within such thirty (30) day period, Evolent shall nevertheless remain bound by the Inquiry Notice or exercise thereof, and shall pay the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderPrevailing Market Rent as determined above.

Appears in 2 contracts

Samples: Evolent Health, Inc., Evolent Health, Inc.

Options to Extend. Provided there exists no uncured Event of Default under this Lease, or any of the Related Leases at the time Lessee exercises any option to extend (a) Tenant shall in accordance with this Article XVIII), Lessee will have the right to extend this Lease for two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the each such additional term shall be referred to herein as an "Extension PeriodsExtended Term"), subject commencing immediately following the end of the Initial Term or the immediately preceding Extended Term, as the case may be. Notwithstanding anything stated in this Paragraph 18.1 or elsewhere in this Lease, Lessee shall not be entitled to exercise its option to extend this Lease for any Extended Term (and any such option to extend shall automatically expire and terminate) unless Lessee concurrently exercises its option to extend each of the Related Leases for the same period, as provided in each of the Related Leases; and any attempt to exercise Lessee's option to extend this Lease without Lessee exercising its options under all of the Related Leases shall be null and void. The Lease during any Extended Term shall be on the same terms and conditions as during the Initial Term, except that the Minimum Rent shall be determined as set forth hereinin Paragraph 18.2 below. Tenant may only exercise In the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire event Lessee desires to exercise either Option any option to Extendextend granted in this Article XVIII, it Lessee shall give Landlord a written notice (the "Inquiry NoticeNotice to Extend") of such desire not later less than twenty-one two hundred ten (21210) months days prior to the expiration of the Initial Term of this Lease or the immediately preceding Extension PeriodExtended Term, as the case may be. ThereafterIf Lessee fails to give Landlord any such notice, the Fair Market Rent (as defined then such option to extend and all future options to extend granted in Subsection (b) below) for the applicable Extension Period this Article XVIII shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") null and void and of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 no further force or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereundereffect.

Appears in 2 contracts

Samples: Lease (Tesseract Group Inc), Lease (Tesseract Group Inc)

Options to Extend. (a) Tenant shall have two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces)Premises. If Tenant shall desire to exercise either any Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one eighteen (2118) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (bc) below) for the applicable Extension Period shall be determined in accordance with Subsection (ed) below. After the applicable Fair Market Rent has been so determined, Tenant may shall exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than fifteen (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1815) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 2 contracts

Samples: Lease (BioMed Realty Trust Inc), Disturbance and Attornment Agreement (Vertex Pharmaceuticals Inc / Ma)

Options to Extend. (a) Tenant shall have has the option to extend this Lease for two (2) options to extend additional five (5) year terms, in accordance with the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each following provisions. Each option shall be automatically and irrevocably terminated and waived by Tenant, unless Tenant provides Landlord with a written notice (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not which states that Tenant has elected to extend this Lease in accordance with the terms hereof, which notice shall be given no later than twenty-one six (216) months prior to the expiration of the Initial Term then in effect, as such Term may be extended as provided in Section 2.03 hereof. The second extension option shall also terminate automatically in the event that the first option to extend is not exercised as aforesaid. If there has been a (i) default or breach by Tenant under this Lease and such default or breach is one as to which Landlord must give written notice and an opportunity to cure in order for such default or breach to become an Event of Default, (ii) Landlord has delivered such notice to Tenant, and (iii) Tenant has failed to cure or remedy such breach or default within thirty (30) days after receipt of such notice (or such lesser period as may be required by this Lease), then no extension option may be exercised by Tenant (unless Landlord has waived the enforcement of this provision in a writing delivered to Tenant). In addition, no extension option may be exercised by Tenant if there is then any default or breach by Tenant under this Lease or other event which, with the passing of time would ripen into an Event of Default hereunder (unless Landlord has received the enforcement of this provision in a writing delivered to Tenant). If the Term of this Lease or is so extended, this Lease and all terms and provisions hereof shall remain in full force except that the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period to be paid by Tenant during such option terms shall be determined as set forth in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.4.01

Appears in 2 contracts

Samples: Lease Agreement (Markel Corp), Lease Agreement (Markel Corp)

Options to Extend. (a) Tenant shall have two (2) options option(s) to extend the Term of this Lease (the "Options to ExtendEXTENSION OPTIONS") the Lease Term for successive periods of ten consecutive five (105) years each year period(s) (the foregoing option term(s) shall be referred to hereinafter sometimes as the "Extension PeriodsEXTENSION TERM(s)"), subject by delivering a written notice of exercise to and on the terms set forth herein. Tenant may only exercise the Options to Extend Landlord ("EXTENSION NOTICE") with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall Term, which Extension Notice may not be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later delivered earlier than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) is eighteen (18) months prior to the expiration end of the Initial initial Lease Term or first Extension Term (as applicable) and may not be delivered later than the date which is thirty (30) days after the Reminder Notice. If Landlord has not received an applicable Extension Notice by the date which is twelve (12) months prior to the end of this Leasethe initial Lease Term or first Extension Term (as applicable), or Landlord may provide written notice ("EXTENSION REMINDER NOTICE") to Tenant that the preceding Extension Period, as Option will expire if Tenant fails to deliver the case may be, whichever is earlierExtension Notice to Landlord within thirty (30) days after the date of such notice from Landlord. If Tenant fails to timely give either deliver the Inquiry Extension Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlordwithin said thirty (30) day period, Tenant shall be conclusively deemed to have waived its right to exercise such Extension Option. The parties acknowledge that Tenant's Extension Option will not lapse until the date which is thirty (30) days after Landlord's delivery of the Extension Reminder Notice pursuant to Extend hereunder.this Section 2.2. The Extension Option shall apply to all space (and not a portion of the space) then leased by Tenant in the Building. Tenant may exercise the Extension Option(s) only if this Lease is in full force and effect and there is no uncured Event of Default under this Lease, at the time of exercise of such Extension Option and/or at the time of the commencement of the Extension Term, but Landlord shall have the right to waive such conditions herein. Tenant's exercise of the second (2nd) Extension Option shall be conditioned upon Tenant's exercise of the first Extension Option. The rights of Tenant contained in this Section 2.2 shall be personal to the original Tenant named in the Summary ("ORIGINAL TENANT") and any Permitted Affiliate and may only be exercised by the Original Tenant or such Permitted Affiliate if Tenant, at the date of Tenant's Extension Notice, meets or exceeds the Financial Standards set forth in Section 21.2 below. The Base Rent during each Extension Term ("EXTENSION TERM BASE RENT") shall be an amount equal to ninety-five percent (95%) of the then "Fair Market Rental Value" of the Building (as such term is defined in Section 2.2(e) below), as stated on a monthly basis and determined pursuant to this Section 2.2 as of the first (1st) day of the applicable Extension Term ("EXTENSION TERM COMMENCEMENT DATE"); provided, however, in no event shall the Base Rent payable during any Extension Term for the Building be less than the Base Rent payable during the period immediately preceding such Extension Term for the Building and provided further that, on the first anniversary of the Extension Term Commencement Date, and on each subsequent anniversary thereof during such Extension Term, the then payable monthly Extension Term Base Rent shall be increased in accordance with market rate increases, as mutually agreed to by Landlord and Tenant or, if Landlord and Tenant cannot agree, as determined by the appraisal process described below. Upon receipt by Landlord of Tenant's Extension Notice under this Section 2.2, above, Landlord and Tenant shall meet in an effort to negotiate, in good faith, the applicable Extension Term Base Rent which shall become effective as of the respective Extension Term Commencement Date. If Landlord and Tenant have not agreed upon the Extension Term Base Rent (including the annual market rate increases) on or before the "Withdrawal Date" (as that term is defined below), Tenant may elect to withdraw the Extension Notice thereby canceling Tenant's exercise of the Extension Option. The term "WITHDRAWAL DATE" shall mean (i) if Landlord delivers the Reminder Notice PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] prior to Tenant's delivery of the Extension Notice, the date which is thirty (30) days after the date of the Reminder Notice, or (ii) if Landlord has not yet delivered a Reminder Notice at the time of Tenant's delivery of the Extension Notice, the date which is the earlier of (1) the date which is eleven (11) months prior to the end of the initial Lease Term or first Extension Term (as applicable), or (2) the date which is sixty (60) days after the date of Tenant's delivery of the Extension Notice. If Tenant fails to deliver written notice to Landlord so withdrawing the Extension Notice on or before the Withdrawal Date and if Landlord and Tenant have not agreed upon the Extension Term Base Rent (including the annual market rate increases) within sixty (60) days after the delivery of Tenant's Extension Notice, the Extension Term Base Rent shall be determined as follows:

Appears in 2 contracts

Samples: Office Lease (Peregrine Systems Inc), Office Lease (Peregrine Systems Inc)

Options to Extend. (a) 31.1 Tenant shall have and is hereby granted two (2) options (each an “Extension Option”) to extend the Term Lease Term, each for an additional period of five (5) consecutive years (each, an “Extension Period”), on the same terms and conditions in effect under this Lease immediately prior to the applicable Extension Period, except that (i) Tenant shall have no further right to extend after the "Options second Extension Period, (ii) Tenant shall have no right to Extend"exercise the second Extension Option if Tenant fails to exercise the first Extension Option, and (iii) for successive periods the annual Base Rent per rentable square foot of ten the Premises payable (10a) years each during the first Extension Period shall be ninety percent (90%) of the "Extension Periods"then Prevailing Rental Rate (as hereinafter defined), subject to and on (b) during the terms set forth hereinsecond Extension Period shall be ninety-five percent (95%) of the then Prevailing Rental Rate. If Tenant may only exercise the Options to Extend with respect exercises an Extension Option, such extension shall apply to the entire Premises (including the Expansion Spaces)Premises. If Tenant shall desire to exercise either An Extension Option to Extend, it shall give may be exercised only by giving Landlord a irrevocable and unconditional written notice thereof (the "Inquiry “Extension Notice") of such desire not earlier than twelve (12) months nor later than twenty-one nine (219) months prior to the expiration commencement of the Initial Term of this Lease or the preceding applicable Extension Period. Such exercise shall, as at Landlord’s election, be null and void if (i) any Default shall have occurred and is continuing, or (ii) more than thirty percent (30%) of the case may bePremises is then subleased by parties other than Tenant and any Permitted Transferees, at the date of such notice or at the commencement of the applicable Extension Period. ThereafterExcept for Tenant’s rescission right provided in Section 31.3, upon delivery of an Extension Notice, Tenant shall be irrevocably bound to lease the Fair Market Rent (as defined in Subsection (b) below) Premises for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After notwithstanding the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (absence of an agreement over the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderPrevailing Rental Rate).

Appears in 2 contracts

Samples: Lease Agreement (Sweetgreen, Inc.), Lease Agreement (Sweetgreen, Inc.)

Options to Extend. (a) Tenant shall have two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces)Premises. If Tenant shall desire to exercise either any Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one fifteen (2115) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (bc) below) for the applicable Extension Period shall be determined in accordance with Subsection (ed) below. After the applicable Fair Market Rent has been so determined, Tenant may shall exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than twelve (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1812) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 2 contracts

Samples: Lease (BioMed Realty Trust Inc), Vertex Pharmaceuticals Inc / Ma

Options to Extend. Landlord hereby grants to Tenant three (a3) Tenant shall have two successive options (2each an "OPTION" and collectively, the "OPTIONS") to extend the term of this Lease, each for a one hundred sixty-eight (168) month period (each an "OPTION PERIOD" and, collectively, the "OPTION PERIODS"), upon the same terms and conditions as those set forth in this Lease for the Initial Term (except that no options to extend other than the Term Options are granted). In order to exercise an Option, Tenant must give notice to Landlord of this Lease its intention to exercise the applicable Option on or before the date (the "Options to ExtendOPTION DATE") for successive periods of ten which is six (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (216) months prior to the expiration end of the Initial Term of this Lease or the preceding Extension previous Option Period, as the case may be. Thereafterapplicable; provided, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period however, that it shall be determined in accordance with Subsection (e) below. After a condition precedent to the applicable Fair Market Rent has been so determined, Tenant may exercise of each Option that Tenant shall not be in Default as of the respective Option Date. Tenant's election not to Extend by giving exercise an Option, or the passage of an Option Date without exercise of the subject Option, shall thereby terminate the subsequent Option or Options. The Options are personal to Tenant and may not be assigned except in connection with a permitted assignment of Tenant's interest in this Lease. Landlord written shall deliver to Tenant a notice reminding Tenant of Tenant's right to exercise an Option not more than six (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (186) months and not less than thirty (30) days prior to the expiration of the Initial Term of this Leasedate Tenant may first exercise an Option, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant provided that in no event shall Landlord's failure to deliver such notice impose any liability on Landlord's part; however if Landlord fails to timely give either deliver such notice the Inquiry Notice or the Exercise Notice to Landlord with respect to any time for Tenant's exercise of an Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed extended, if necessary, to have waived the date which is thirty (30) days from the date of delivery of such Option to Extend hereundernotice from Landlord.

Appears in 2 contracts

Samples: Lease (Sports Club Co Inc), Lease (Sports Club Co Inc)

Options to Extend. Provided that, both at the time of exercise or at the commencement of the Extended Term (aas hereinafter defined), (i) this Lease is in full force and effect, and (ii) no Event of Default shall have occurred and be continuing (either at the time of exercise or at the commencement of the Extended Term), and (iii) Tenant is in occupancy of not less than 75% of the Premises and Tenant shall not have assigned this Lease or sublet more than 25% of the Premises (other than a transfer permitted without Landlord’s consent pursuant to Section 6.1(b)) (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at any time in Landlord’s sole discretion), Tenant shall have two (2) options the option to extend the Term of this Lease for up to one (1) extended term (the "Options to Extend"“Extended Term”) for successive periods of ten seven (107) years each by giving written notice to Landlord (the "an “Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one twelve (2112) months prior to the expiration date of the Initial Term. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, this Lease shall be determined in accordance with Subsection (e) below. After automatically terminate at the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration end of the Initial Term, and Tenant shall have no further option to extend the Term of this Lease. The Extended Term shall commence on the day immediately succeeding the expiration date of the original Term, and shall end on the day immediately preceding the seventh (7th) anniversary of such Extended Term. The Extended Term shall be on all the terms and conditions of this Lease, except: (x) Tenant shall have no further option to extend the Term, (y) the Basic Rent for the Extended Term shall be one-hundred percent (100%) of the Fair Market Rental Value of the Premises as of the commencement of the Extended Term, taking into account all then relevant factors and determined pursuant to Section 16.2 below, and (z) Landlord shall not be required to furnish any materials or perform any work to prepare the Premises for Tenant’s occupancy during the Extended Term and Landlord shall not be required to provide or pay any work allowance or reimburse Tenant for any alterations made or to be made by Tenant, or the preceding Extension Period, as the case may be, whichever is earlier. If to grant Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord any rent concession with respect to the Extended Term. The termination of this Lease during the initial Term shall terminate and render void any Option option or right on Tenant’s part to Extendextend this Lease for any Extended Term, at the sole election of Landlord, Tenant and nothing contained in this Section 16.1 shall prevent Landlord from exercising any right granted to or reserved by Landlord in this Lease to 77 ACTIVE/91437610.6 terminate this Lease. Tenant’s right under this Article 16 shall be conclusively deemed personal to have waived such Option the Original Tenant under this Lease and shall not apply in favor of or be exercisable by any assignee of this Lease (other than a permitted transferee pursuant to Extend hereunderSection 6.1(b) of this Lease), nor any sublessee of all or any portion of the Premises.

Appears in 1 contract

Samples: Lease (Proteostasis Therapeutics, Inc.)

Options to Extend. Landlord hereby grants to Tenant (aindividually, "Extension Option" and collectively, "Extension Options") Tenant shall have two four (24) -successive options to extend the Lease Term for a period of this Lease five (the "Options to Extend") for successive periods of ten (105) years each (the individually, "Extension PeriodsOption Term" and collectively, "Option Terms"). Each Extension Option must be exercised, subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extendif at all, it shall give Landlord a by written notice (the "Inquiry Option Notice") of such desire delivered by Tenant to Landlord not later less than twentyone-one hundred twenty (21120) months days nor more than three hundred sixty (360) days prior to the expiration end of the Initial initial Lease Term of this Lease or the preceding Extension Periodthen existing Option Term, as the case may bebe ("Exercise Window"). ThereafterNotwithstanding the foregoing, Tenant shall not be deemed to have waived its right to exercise an Extension Option unless Tenant fails to deliver such Option Notice within fifteen (15) days after Landlord's delivery to Tenant of written notice notifying Tenant that Landlord failed to receive such Option Notice during the applicable Exercise Window. Further, the Fair Market Extension Options shall, at Landlord's election, become null and void and of no further force and effect if Tenant is in monetary default or material non-monetary default after applicable notice and expiration of cure periods under this Lease at the time Tenant attempts to exercise such Extension Option or, following such exercise, prior to the commencement of the applicable Option Term. Provided Tenant has properly and timely exercised the applicable Extension Option, the Lease Term shall be extended for the period specified above, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect except that Base Rent (as defined in Subsection (b) Article 3 below) for the applicable Extension Period payable by Tenant during each Option Term shall be determined adjusted as set forth in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration 7 of the Initial Term Summary. The term of this Lease, or the preceding Extension Periodas may be extended by any Option Term, is hereinafter collectively referred to as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder"Lease Term."

Appears in 1 contract

Samples: Lease (Aei Net Lease Income & Growth Fund Xix Limited Partnership)

Options to Extend. (a) Tenant shall have two (2) options (each a “Renewal Option”) to extend the Term of this Lease (the "Options to Extend") for successive periods of five (5) years each following the end of the initial Term (each a “Renewal Period” and collectively the “Renewal Periods”), so long as this Lease is then in effect and no Event of Default by Tenant relating to any monetary obligation of this Lease exists at the time of the exercise of the applicable Renewal Option. In the event that Tenant desires to exercise its option to renew the Term for a Renewal Period, Tenant shall so notify Landlord in writing on or before the twelfth (12th) month prior to the last day of the Term. Upon the giving of such notice, this Lease and the Term hereof shall automatically be extended for five (5) years without the necessity for the execution of any other instrument in confirmation thereof except for a document memorializing the Annual Rent established as set forth in Section 3.3 below for the then extended Term. Notwithstanding the foregoing, Tenant's Renewal Options will not lapse because of Tenant's failure to exercise any Renewal Option unless Landlord gives Tenant notice that Tenant has failed to exercise such Renewal Option prior to the period provided above, and Tenant shall have failed to exercise such option within ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") days following Tenant's receipt of such desire not later than twenty-one (21) months prior to notice. Annual Rent payable during the expiration of the Initial Term of this Lease or the preceding Extension applicable Renewal Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period which shall be determined in accordance with Subsection (e) the manner provided in Section 3.3 below. After , and the applicable Fair Market Rent has been so determinedfact that there shall be no further option to extend beyond the second Renewal Period, Tenant may exercise each Option to Extend by giving Landlord written notice (extension shall be upon all the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of same terms, conditions and provisions as contained in this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 1 contract

Samples: Lease (Dunkin' Brands Group, Inc.)

Options to Extend. (a) Tenant shall have two (2) options option(s) to extend the Term of this Lease (the "Options to ExtendEXTENSION OPTIONS") the Lease Term for successive periods of ten consecutive five (105) years each year period(s) (the foregoing option term(s) shall be referred to hereinafter sometimes as the "Extension PeriodsEXTENSION TERM(S)"), subject by delivering a written notice of exercise to and on the terms set forth herein. Tenant may only exercise the Options to Extend Landlord ("EXTENSION NOTICE") with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall Term, which Extension Notice may not be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later delivered earlier than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) is eighteen (18) months prior to the expiration end of the Initial initial Lease Term or first Extension Term (as applicable) and may not be delivered later than the date which is thirty (30) days after the Reminder Notice. If Landlord has not received an applicable Extension Notice by the date which is twelve (12) months prior to the end of this Leasethe initial Lease Term or first Extension Term (as applicable), or Landlord may provide written notice ("EXTENSION REMINDER NOTICE") to Tenant that the preceding Extension Period, as Option will expire if Tenant fails to deliver the case may be, whichever is earlierExtension Notice to Landlord within thirty (30) days after the date of such notice from Landlord. If Tenant fails to timely give either deliver the Inquiry Extension Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlordwithin said thirty (30) day period, Tenant shall be conclusively deemed to have waived its right to exercise such Extension Option. The parties acknowledge that Tenant's Extension Option will not lapse until the date which is thirty (30) days after Landlord's delivery of the Extension Reminder Notice pursuant to Extend hereunder.this Section 2.2. The Extension Option shall apply to all space (and not a portion of the space) then leased by Tenant in the Building. Tenant may exercise the Extension Option(s) only if this Lease is in full force and effect and there is no uncured Event of Default under this Lease, at the time of exercise of such Extension Option and/or at the time of the commencement of the Extension Term, but Landlord shall have the right to waive such conditions herein. Tenant's exercise of the second (2nd) Extension Option shall be conditioned upon Tenant's exercise of the first Extension Option. The rights of Tenant contained in this Section 2.2 shall be personal to the original Tenant named in the Summary ("ORIGINAL TENANT") and any Permitted Affiliate and may only be exercised by the Original Tenant or such Permitted Affiliate if Tenant, at the date of Tenant's Extension Notice, meets or exceeds the Financial Standards set forth in Section 21.2 below. The Base Rent during each Extension Term ("EXTENSION TERM BASE RENT") shall be an amount equal to ninety-five percent (95%) of the then "Fair Market Rental Value" of the Building (as such term is defined in Section 2.2(e) below), as stated on a monthly basis and determined pursuant to this Section 2.2 as of the first (1st) day of the applicable Extension Term ("EXTENSION TERM COMMENCEMENT DATE"); provided, however, in no event shall the Base Rent payable during any Extension Term for the Building be less than the Base Rent payable during the period immediately preceding such Extension Term for the Building and provided further that, on the first anniversary of the Extension Term Commencement Date, and on each subsequent anniversary thereof during such Extension Term, the then payable monthly Extension Term Base Rent shall be increased in accordance with market rate increases, as mutually agreed to by Landlord and Tenant or, if Landlord and Tenant cannot agree, as determined by the appraisal process described below. Upon receipt by Landlord of Tenant's Extension Notice under this Section 2.2, above, Landlord and Tenant shall meet in an effort to negotiate, in good faith, the applicable Extension Term Base Rent which shall become effective as of the respective Extension Term Commencement Date. If Landlord and Tenant have not agreed upon the Extension Term Base Rent (including the annual market rate increases) on or before the "Withdrawal Date" (as that term is defined below), Tenant may elect to withdraw the Extension Notice thereby canceling Tenant's exercise of the Extension Option. The term "WITHDRAWAL DATE" shall mean (i) if Landlord delivers the Reminder Notice PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] prior to Tenant's delivery of the Extension Notice, the date which is thirty (30) days after the date of the Reminder Notice, or (ii) if Landlord has not yet delivered a Reminder Notice at the time of Tenant's delivery of the Extension Notice, the date which is the earlier of (1) the date which is eleven (11) months prior to the end of the initial Lease Term or first Extension Term (as applicable), or (2) the date which is sixty (60) days after the date of Tenant's delivery of the Extension Notice. If Tenant fails to deliver written notice to Landlord so withdrawing the Extension Notice on or before the Withdrawal Date and if Landlord and Tenant have not agreed upon the Extension Term Base Rent (including the annual market rate increases) within sixty (60) days after the delivery of Tenant's Extension Notice, the Extension Term Base Rent shall be determined as follows:

Appears in 1 contract

Samples: Office Lease (Peregrine Systems Inc)

Options to Extend. (a) Tenant shall have two (2) options to extend the Term for period of this Lease three (the "Options to Extend") for successive periods of ten (103) years each (the "Extension PeriodsTerms"), subject provided that at the time Tenant's Extension Notice (defined below) is given and as of the commencement of the extension term all of the following are true (i) no default by Tenant exists beyond any applicable cure period; (ii) Tenant has not assigned, sublet or transferred its interest in the Lease to any party other than an Affiliate; and on (iii) Tenant has timely delivered the terms set forth hereinTenant's Extension Notice to Landlord. Tenant may only shall exercise the Options its option to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extendextend, it shall give Landlord a if at all by written notice (the "Inquiry Tenant's Extension Notice") of such desire not to Landlord no later than twenty-one hundred and eighty (21180) months days prior to the expiration of the Initial then current Term of this Lease or the preceding Extension Period, as the case may beTerm. ThereafterIf Tenant exercises its option for an Extension Term, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period Term shall be determined in accordance with Subsection extended for an additional period of three (e3) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration years on all of the Initial Term terms and conditions of this Lease, except that Base Rent during the First Extension Term commencing October 1, 2006 and ending September 30, 2009 shall be at the rate of four dollars and forty-three ($4.43/sf/yrNNN) per square foot per year triple net and the Base Rent during the Second Extension Term commencing October 1, 2009 and ending September 30, 2012 shall be at the rate of four dollars and seventy-one ($4.71/sf/yrNNN) per square foot per year NNN each payable in equal monthly installments. The terms of the Lease for the First Extension Term and the Second Extension Term shall be the same terms, conditions and covenants as set forth in this Lease other than the monthly Base Rent term of the Lease, and Landlord shall have no obligation to make any alterations or improvements to the preceding Extension Period, as the case may be, whichever is earlierPremises. If Landlord does not receive from Tenant fails written notice of Tenant's exercise of this option on a date which is at least one hundred and eighty days prior to timely give either the Inquiry Notice or end of the Exercise Notice to Landlord with respect to any Option to Extendinitial term of the Lease, at the sole election of Landlord, Tenant all rights under this option shall automatically lapse and terminate and shall be conclusively deemed to have waived such Option to Extend hereunderof no further force and effect. Time is of the essence herein.

Appears in 1 contract

Samples: Lease Agreement (Restoration Hardware Inc)

Options to Extend. Provided that, both at the time of exercise or at the commencement of the Extended Term (aas hereinafter defined), (i) this Lease is in full force and effect, and (ii) no Event of Default shall have occurred and be continuing (either at the time of exercise or at the commencement of the Extended Term), and (iii) Original Tenant is in occupancy of not less than 75% of the Premises and Original Tenant shall not have assigned this Lease or sublet more than 25% of the Premises (other than a transfer permitted without Landlord’s consent pursuant to Section 6.1(b)) (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at any time in Landlord’s sole discretion), Tenant shall have two (2) options the option to extend the Term of this Lease for up to one (1) extended term (the "Options to Extend"“Extended Term”) for successive periods of ten seven (107) years each by giving written notice to Landlord (the "an “Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one twelve (2112) months prior to the expiration date of the Initial Term. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, this Lease shall be determined in accordance with Subsection (e) below. After automatically terminate at the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration end of the Initial Term, and Tenant shall have no further option to extend the Term of this Lease. The Extended Term shall commence on the day immediately succeeding the expiration date of the original Term, and shall end on the day immediately preceding the seventh (7th) anniversary of such Extended Term. The Extended Term shall be on all the terms and conditions of this Lease, except: (x) Tenant shall have no further option to extend the Term, (y) the Basic Rent for the Extended Term shall be one-hundred percent (100%) of the Fair Market Rental Value of the Premises as of the commencement of the Extended Term, taking into account all then relevant factors and determined pursuant to Section 16.2 below, and (z) Landlord shall not be required to furnish any materials or perform any work to prepare the Premises for Tenant’s occupancy during the Extended Term and Landlord shall not be required to provide or pay any work allowance or reimburse Tenant for any alterations made or to be made by Tenant, or the preceding Extension Period, as the case may be, whichever is earlier. If to grant Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord any rent concession with respect to the Extended Term. The termination of this Lease during the initial Term shall terminate and render void any Option option or right on Tenant’s part to Extendextend this Lease for any Extended Term, at the sole election of Landlord, Tenant and nothing contained in this Section 16.1 shall prevent Landlord from exercising any right granted to or reserved by Landlord in this Lease to terminate this Lease. Tenant’s right under this Article 16 shall be conclusively deemed personal to have waived such Option the Original Tenant under this Lease and shall not apply in favor of or be exercisable by any assignee of this Lease (other than a permitted transferee pursuant to Extend hereunderSection 6.1(b) of this Lease), nor any sublessee of all or any portion of the Premises.

Appears in 1 contract

Samples: Lease Between (Aura Biosciences, Inc.)

Options to Extend. (a) Tenant shall have two (2) options (each, an "EXTENSION OPTION") to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises only) for a period (including each, an "OPTION PERIOD") of three (3) years, commencing upon the Expansion SpacesLease Expiration Date or, as applicable, the second Option Period, upon the same terms and conditions previously applicable, except for the grant of any exercised Extension Option and Annual Rent (which shall be determined as set forth below). Each Extension Option may be validly exercised only by notice in writing received by Landlord not later than three hundred sixty (360) calendar days prior to commencement of the applicable Option Period; provided, however, that each such Extension Option may be validly exercised only if no uncured material Tenant default exists as of the date of exercise and, at Landlord's option, as of the commencement of the applicable Option Period. If Tenant does not exercise the applicable Extension Option during the exercise period set forth above in strict accordance with the provisions hereof, the Extension Option and any unexercised Extension Option (if any) shall desire to exercise either forever terminate and be of no further force or effect. Each such Extension Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior is personal to the expiration of original Tenant, may not be exercised by any person or entity other than the Initial Term of original Tenant and shall become null and void if the original Tenant assigns its interest in this Lease unless such assignment is to an Affiliate of Tenant (as that term is defined in Section 14.5) or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent to a Transferee who is a Permitted Business (as defined in Subsection Section 14.1) but only to the extent such Transferee is conducting the biomedical manufacturing portion of Tenant's Permitted Use (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below"SPECIAL TRANSFEREE"). After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") For purposes of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior 2.3 and Section 33, the term "material" relative to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If a Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to default shall mean any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereundermonetary default and any material non-monetary default.

Appears in 1 contract

Samples: Single (Alliance Pharmaceutical Corp)

Options to Extend. (a) Tenant with the prior written consent of Landlord, which consent shall have two (2) options to not be unreasonably withheld, may extend the original Term of this Lease, subject to all the provisions of this Lease including but not limited to provisions for increases in Rent, for one (the "Options to Extend"1) for successive periods additional period of ten (10) years, followed by six (6) additional periods of five (5) years each, each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to period commencing upon the expiration of the Initial Term term of this Lease or the immediately preceding Extension Period, as the case may beperiod. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determinedWith respect to each such extended term, Tenant may exercise each Option to Extend by giving shall give Landlord written notice (in the "Exercise Notice"manner prescribed by Section 18.6) of its election Tenant's intention to do so exercise said option not later more than thirty (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1830) months prior and not less than twenty four (24) months before the end of the Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the valid exercise of any option to extend, all references in this Lease to the expiration Term hereof shall be considered to mean the Term as extended, and all references to the end of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed considered to have waived such Option to Extend hereundermean the end of the Term as extended.

Appears in 1 contract

Samples: Minimed Inc

Options to Extend. So long as Cell Genesys, Inc. or a Permitted Assignee is the Tenant hereunder and occupies no less than 50% of the Rentable Square Feet of the Leased Premises, and subject to the condition set forth in clause (ab) below, Tenant shall have two (2) options to extend the Term term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises entirety of the Leased Premises, the first for a period of five (including 5) years from the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice expiration of the initial fifteen (15) year Lease Term (the "Inquiry NoticeFirst Extension Period"), and the second (the "Second Extension Period") for a period of such desire five (5) years from the expiration of the First Extension Period, subject to the following conditions: Each option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant not later more than twenty-one (21) fifteen months nor less than twelve months prior to the expiration of the Initial initial Lease Term of this Lease or the preceding expiration of the First Extension Period, as applicable; Anything herein to the case may becontrary notwithstanding, if Tenant is in default under any of the terms, covenants or conditions of this Lease, either at the time Tenant exercises either extension option or on the commencement date of the First Extension Period or the Second Extension Period, as applicable, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate such option(s) to extend upon notice to Tenant. ThereafterIn the event the applicable option is exercised in a timely fashion, the Lease shall be extended for the term of the First Extension Period or Second Extension Period, as applicable, upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for the First Extension Period or Second Extension Period, as applicable shall be the "Fair Market Rent" for the Leased Premises, with annual increases as determined as part of the process set forth below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the Base Monthly Rent for the Leased Premises below the amount due from Tenant for the month immediately preceding the applicable extension period. No leasing commissions shall be due or payable to any broker retained by Tenant with regard to this Lease for any Extension Period. Within thirty (30) days after receipt of Tenant's notice of exercise, Landlord shall and Tenant shall each notify the other in writing of Landlord's estimate of the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period extension period, based on the provisions of Paragraph 15.2 above. For purposes hereof, "Fair Market Rent" shall be determined in accordance with Subsection mean collectively, (e1) below. After Base Monthly Rent for the first year of the applicable extension period, taking into account any capital improvement costs to be passed through as Additional Rent during such period and (2) the annual increases determined at the time Base Monthly Rent for the first year is determined. Within thirty (30) days after receipt by both parties of the respective notices, Landlord and Tenant shall meet to attempt to agree on the Fair Market Rent. In the event Landlord and Tenant cannot agree on the Fair Market Rent has been so determinedwithin such thirty (30) day period, Tenant may exercise each Option shall have the right either to Extend by giving Landlord written notice (the "Exercise Notice"i) accept Landlord's statement of its election to do so not later than (x) the date by which Fair Market Rent has been determined as the Base Monthly Rent for the applicable extension period; or (ii) elect to arbitrate Landlord's estimate of Fair Market Rent, such arbitration to be conducted pursuant to this Section 10.12 the provisions hereof; or (yiii) eighteen (18) months rescind Tenant's notice of exercise. Failure on the part of Tenant to either require arbitration of Fair Market Rent or rescind its notice within such 30-day period shall constitute acceptance of the Base Monthly Rent for the applicable extension period as calculated by Landlord. If Tenant elects arbitration, the arbitration shall be concluded within 90 days after the date of Tenant's election, subject to extension for an additional 30-day period if a third arbitrator is required and does not act in a timely manner. To the extent that arbitration has not been completed prior to the expiration of any preceding period for which Base Monthly Rent has been determined, Tenant shall pay Base Monthly Rent at the Initial Term rate calculated by Landlord, with the potential for an adjustment to be made once Fair Market Rent is ultimately determined by arbitration. In the event of arbitration, the judgment or the award rendered in any such arbitration may be entered in any court having jurisdiction and shall be final and binding between the parties. The arbitration shall be conducted and determined in the City and County of San Francisco in accordance with the then prevailing rules of the American Arbitration Association or its successor for arbitration of commercial disputes except to the extent that the procedures mandated by such rules shall be modified as follows: At the time Tenant's elects arbitration under Paragraph 15.3 above, Tenant shall send to Landlord a notice specifying therein the name and address of the person to act as the arbitrator on its behalf. The arbitrator shall be qualified as a real estate broker with no less than 7 years experience leasing of similar industrial, research and development, or office space in Northern San Mateo County. Failure on the part of Tenant to make a proper demand in a timely manner for such arbitration shall constitute a waiver of the right thereto. Within fifteen (15) days after the service of the demand for arbitration, Landlord shall give notice to Tenant, specifying the name and address of the person designated by Landlord to act as arbitrator on its behalf who shall be similarly qualified. If Landlord fails to notify Tenant of the appointment of its arbitrator, within or by the time above specified, then the arbitrator appointed by Tenant shall be the arbitrator to determine the issue. In the event that two arbitrators are chosen pursuant to Paragraph 15.4(a) above, the arbitrators so chosen shall, within fifteen (15) days after the second arbitrator is appointed determine the Fair Market Rent. The arbitrators shall be instructed that they must choose a Fair Market Rent of Landlord's proposal or Tenant's proposal or a number in between the two. If the two arbitrators shall be unable to agree upon a determination of Fair Market Rent within such 15-day period, they, themselves, shall appoint a third arbitrator, who shall be a competent and impartial person with qualifications similar to those required of the first two arbitrators pursuant to Paragraph 15.4(a). In the event they are unable to agree upon such appointment within seven days after expiration of such 15-day period, the third arbitrator shall be selected by the parties themselves, if they can agree thereon, within a further period of fifteen (15) days. If the parties do not so agree, then either party, on behalf of both, may request appointment of such a qualified person by the then Presiding Judge of the California Superior Court having jurisdiction over the County of San Mateo, acting in his private and not in his official capacity, and the other party shall not raise any question as to such Judge's full power and jurisdiction to entertain the application for and make the appointment. The three arbitrators shall decide the dispute if it has not previously been resolved by following the procedure set forth below. Where an issue cannot be resolved by agreement between the two arbitrators selected by Landlord and Tenant or settlement between the parties during the course of arbitration, the issue shall be resolved by the three arbitrators within 15 days of the appointment of the third arbitrator in accordance with the following procedure. The arbitrator selected by each of the parties shall state in writing his determination of the Fair Market Rent supported by the reasons therefor with counterpart copies to each party. The arbitrators shall arrange for a simultaneous exchange of such proposed resolutions. The role of the third arbitrator shall be to select which of the two proposed resolutions most closely approximates his determination of Fair Market Rent. The third arbitrator shall have no right to propose a middle ground or any modification of either of the two proposed resolutions. The resolution he chooses as most closely approximating his determination shall constitute the decision of the arbitrators and be final and binding upon the parties. In the event of a failure, refusal or inability of any arbitrator to act, his successor shall be appointed by him, but in the case of the third arbitrator, his successor shall be appointed in the same manner as provided for appointment of the third arbitrator. The arbitrators shall decide the issue within fifteen (15) days after the appointment of the third arbitrator. Any decision in which the arbitrator appointed by Landlord and the arbitrator appointed by Tenant concur shall be binding and conclusive upon the parties. Each party shall pay the fee and expenses of its respective arbitrator and both shall share the fee and expenses of the third arbitrator, if any, and the attorneys' fees and expenses of counsel for the respective parties and of witnesses shall be paid by the respective party engaging such counsel or calling such witnesses. The arbitrators shall have the right to consult experts and competent authorities to obtain factual information or evidence pertaining to a determination of Fair Market Rent, but any such consultation shall be made in the presence of both parties with full right on their part to cross-examine. The arbitrators shall render their decision and award in writing with counterpart copies to each party. The arbitrators shall have no power to modify the provisions of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 1 contract

Samples: Lease (Cell Genesys Inc)

Options to Extend. (a) Tenant shall have two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten five (105) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces)Premises. If Tenant shall desire to exercise either any Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one fifteen (2115) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (bc) below) for the applicable Extension Period shall be determined in accordance with Subsection (ed) below. After the applicable Fair Market Rent has been so determined, Tenant may shall exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than twelve (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1812) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 1 contract

Samples: Lease (BioMed Realty Trust Inc)

Options to Extend. Provided there exists no uncured Event of Default under any of this Lease, the Related Leases and the Other Leases at the time Lessee exercises any option to extend (a) Tenant shall in accordance with this Article XVIII), Lessee will have the right to extend this Lease for two (2) options periods of five (5) years each (each such additional term shall be referred to herein as an "Extended Term"), commencing immediately following the end of the Initial Term or the immediately preceding Extended Term, as the case may be; provided, however, that notwithstanding anything stated in this Paragraph 18.1 or elsewhere in this Lease, Lessee shall not be entitled to exercise its option to extend the Term of this Lease for any Extended Term (and any such option to extend shall automatically expire and terminate) unless Lessee concurrently exercises its option to extend all the Related Leases for the same period, as provided in Article XVIII of the Related Leases. The Lease during any Extended Term shall be on the same terms and conditions as during the Initial Term, except that the Minimum Rent shall be determined as set forth in Paragraph 18.2 below. In the event Lessee desires to exercise any option to extend granted in this Article XVIII, Lessee shall give Landlord written notice ("Options Notice to Extend") for successive periods of ten not less than one hundred eighty (10180) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months days prior to the expiration of the Initial Term of this Lease or the immediately preceding Extension PeriodExtended Term, as the case may be. ThereafterIf Lessee fails to give Landlord any such notice, the Fair Market Rent (as defined then such option to extend and all future options to extend granted in Subsection (b) below) for the applicable Extension Period this Article XVIII shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") null and void and of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 no further force or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereundereffect.

Appears in 1 contract

Samples: Lease (Assisted Living Concepts Inc)

Options to Extend. (a) Tenant shall have two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten five (105) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces)Premises. If Tenant shall desire to exercise either any Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one fifteen (2115) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (bc) below) for the applicable Extension Period shall be determined in accordance with Subsection (ed) below. After the applicable Fair Market Rent has been so determined, Tenant may shall exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than twelve (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1812) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

Options to Extend. If Tenant has not been in Default in the performance of any of its obligations under this Lease beyond any applicable cure periods for the twelve (a12) months prior to its attempted exercise of this Option, Tenant shall have two (2) options the right to extend the Term of this the Lease for one five (5) year term (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"“First Extended Term”). The First Extended Term shall commence on May 1, subject to 2011 and expire on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces)April 30, 2016. If Tenant shall desire to exercise either Option to Extendhas not been in Default beyond any applicable cure period in the performance of any of its obligations under this Lease, it shall give Landlord a notice as extended, for twelve (the "Inquiry Notice") of such desire not later than twenty-one (2112) months prior to the expiration of the Initial First Extended Term, Tenant shall have the right to extend the Term of this the Lease or for one additional five (5) year term (the preceding Extension Period“Second Extended Term”). The Second Extended Term shall commence on May 1, as 2016 and expire on April 30, 2021. Tenant’s right to extend for the case may be. ThereafterSecond Extended Term is contingent on (a) Tenant successfully exercising its right to extend for the First Extended Term, the Fair Market Rent (as defined in Subsection and (b) below) Tenant not having been in Default beyond any applicable cure period in the performance of any of its obligations under this Lease, as extended, for the applicable Extension Period shall be determined in accordance with Subsection twelve (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1812) months prior to the expiration of the Initial Term First Extended Term. The Lease of the Premises during the Extended Terms shall be upon the same terms, covenants, and conditions as are set forth in this Lease, or other than rent and the preceding Extension Period, as Term of the Leasehold. If Landlord does not receive from Tenant written notice of Tenant’s exercise of this option by 270 days prior to the expiration of the Term (in the case may beof Tenant’s attempt to exercise its option to extend for the First Extended Term), whichever or by 270 days prior to the expiration of the First Extended Term (in the case of Tenant’s attempt to exercise its option to extend for the Second Extended Term) (the “Option Notice”), then regardless of whether Tenant holds over or attempts to hold over, all rights under this option shall automatically terminate. Time is earlierof the essence herein. The initial monthly rent for each Extended Term (the “Initial Extended Term Rent”) shall be 100% of then prevailing market rent for the highest and best use for similar office and research and development space (the “Fair Rental Value”) agreed upon solely by and between landlord and tenant and their agents appointed for this purpose. Neither Landlord nor Tenant shall have the right to have a court or any other third party or entity establish the Fair Rental Value. If Landlord and Tenant fails are unable to agree on the Initial Extended Term Rent in writing within thirty (30) days of delivery of the Option Notice, Landlord and Tenant being obligated only to act in good faith, this option shall automatically terminate and the Lease shall terminate at the end of its Initial Term. In no event shall the rent for any period of the Extended Term be less than the highest rent charged during the last month of the initial Term of the Lease, in the case of the First Extended Term, or less than the highest rent charged during the last month of the First Extended Term, in the case of the Second Extended Term. Upon determination of the Initial Extended Term Rent for each of the Extended Terms, if exercised, pursuant to the terms outlined above, the parties shall within thirty (30) days execute an amendment to the Lease stating the term for the particular Extended Term and the Initial Extended Term Rent for that Extended Term. Tenant shall have no other right to extend the Term of the Lease unless Landlord and Tenant otherwise agree in writing. This option is personal to Tenant and may not be assigned, voluntarily or involuntarily, separate from or as a part of the Lease. Any assignment shall not in any way affect or limit the liability of Tenant pursuant to the Lease. Notwithstanding the timely give giving of the Option Notice, if Tenant is in Default of any provision of the Lease on the date of commencement of either of the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to ExtendExtended Terms, at the sole election Landlord’s option all rights of Landlord, Tenant under this option shall terminate and be conclusively deemed to have waived such Option to Extend hereunder.of no force and effect. Tenant Initials ______________________ Landlord Initials _____________________

Appears in 1 contract

Samples: Industrial Lease (Abgenix Inc)

Options to Extend. (a) 2.3.1 Tenant shall have two (2) options the right to extend the Term of this Lease for up to three (the "Options to Extend"3) for successive periods additional terms of ten five (105) years each (the each, an "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry NoticeTerm") by delivery of such desire not written notice to Landlord no later than twenty-one ninety (2190) months days prior to the expiration of the Initial penultimate year of the then-existing Term of this Lease or (the preceding "Extension PeriodNotice"). The Base Rent during the Extension Term, subject to periodic adjustment as provided in Section 3.1.3, below, shall be the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) fair market rent for the applicable Premises as of the date of the Extension Period Notice (the "Extended Base Rent"). The determination of fair market rent for the Premises shall be determined consider the rents and other terms and conditions at which comparable transactions are being consummated in projects comparable to the Premises in the El Segundo, California area, which determination of comparable projects shall duly take into account such projects' age, design and construction relative to the Premises, and the presence or absence of any remaining Proposition XIII protection in accordance with Subsection (e) Section 5.2.2, below. After , as such Proposition XIII protection may be affected by Tenant exercising its right to extend the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined Term pursuant to this Section 10.12 2.3. Other than the determination of Base Rent for the Extension Term, the terms and conditions of this Lease shall remain the same for the Extension Term and Landlord shall have no obligation to grant Tenant any improvement allowances or concessions in connection with the Extension Term. Tenant's Extension Notice shall set forth Tenant's opinion of the Extended Base Rent. Within thirty (y30) eighteen days after Landlord's receipt of the Extension Notice, Landlord shall either deliver a notice to Tenant either accepting Tenant's opinion of the Extended Base Rent or objecting (18an "Objection Notice") months prior to Tenant's determination of the Extended Base Rent. If Landlord delivers an Objection Notice, then Landlord and Tenant shall negotiate in good faith the amount of the Extended Base Rent. The right to exercise the Extension Terms are personal to the expiration of originally named Tenant herein (the Initial Term of this Lease, "Original Tenant") and may only be exercised by such Original Tenant or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.a "

Appears in 1 contract

Samples: Lease (Infonet Services Corp)

Options to Extend. (a) Tenant shall have two (2) options option(s) to extend the Term of this Lease (the "Options to ExtendEXTENSION OPTIONS") the Lease Term for successive periods of ten consecutive five (105) years each year period(s) (the foregoing option term(s) shall be referred to hereinafter sometimes as the "Extension PeriodsEXTENSION TERM(S)"), subject by delivering a written notice of exercise to and on the terms set forth herein. Tenant may only exercise the Options to Extend Landlord ("EXTENSION NOTICE") with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall Term, which Extension Notice may not be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later delivered earlier than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) is eighteen (18) months prior to the expiration end of the Initial initial Lease Term or first Extension Term (as applicable) and may not be delivered later than the date which is thirty (30) days after the Reminder Notice. If Landlord has not received an applicable Extension Notice by the date which is twelve (12) months prior to the end of this Leasethe initial Lease Term or first Extension Term (as applicable), or Landlord may provide written notice ("EXTENSION REMINDER NOTICE") to Tenant that the preceding Extension Period, as Option will expire if Tenant fails to deliver the case may be, whichever is earlierExtension Notice to Landlord within thirty (30) days after the date of such notice from Landlord. If Tenant fails to timely give either deliver the Inquiry Extension Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlordwithin said thirty (30) day period, Tenant shall be conclusively deemed to have waived its right to exercise such Extension Option. The parties acknowledge that Tenant's Extension Option will not lapse until the date which is thirty (30) days after Landlord's delivery of the Extension Reminder Notice pursuant to Extend hereunder.this Section 2.2. The Extension Option shall apply to all space (and not a portion of the space) then leased by Tenant in the Building. Tenant may exercise the Extension Option(s) only if this Lease is in full force and effect and there is no uncured Event of Default under this Lease, at the time of exercise of such Extension Option and/or at the time of the commencement of the Extension Term, but Landlord shall have the right to waive such conditions herein. Tenant's exercise of the second (2nd) Extension Option shall be conditioned upon Tenant's exercise of the first Extension Option. The rights of Tenant contained in this Section 2.2 shall be personal to the Original Tenant and any Permitted Affiliate and may only be exercised by the Original Tenant or such Permitted Affiliate if Tenant, at the date of Tenant's Extension Notice, meets or exceeds the Financial Standards set forth in Section 21.2 below. The Base Rent during each Extension Term ("EXTENSION TERM BASE RENT") shall be an amount equal to ninety-five percent (95%) of the then "Fair Market Rental Value" of the Building (as such term is defined in Section 2.2(e) below), as stated on a monthly basis and determined pursuant to this Section 2.2 as of the first (1st) day of the applicable Extension Term ("EXTENSION TERM COMMENCEMENT DATE"); provided, however, in no event shall the Base Rent payable during any Extension Term for the Building be less than the Base Rent payable during the period immediately preceding such Extension Term for the Building and provided further that, on the first anniversary of the Extension Term Commencement Date, and on each subsequent anniversary thereof during such Extension Term, the then payable monthly Extension Term Base Rent shall be increased in accordance with market rate increases, as mutually agreed to by Landlord and Tenant or, if Landlord and Tenant cannot agree, as determined by the appraisal process described below. Upon receipt by Landlord of Tenant's Extension Notice under this Section 2.2, above, Landlord and Tenant shall meet in an effort to negotiate, in good faith, the applicable Extension Term Base Rent which shall become effective as of the respective Extension Term Commencement Date. If Landlord and Tenant have not agreed upon the Extension Term Base Rent (including the annual market rate increases) on or before the "Withdrawal Date" (as that term is defined below), Tenant may elect to withdraw the Extension Notice thereby canceling Tenant's exercise of the Extension Option. The term "WITHDRAWAL DATE" shall mean (i) if Landlord delivers the Reminder Notice prior to Tenant's delivery of the Extension Notice, the date which is thirty (30) days after the date of the Reminder Notice, or (ii) PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] if Landlord has not yet delivered a Reminder Notice at the time of Tenant's delivery of the Extension Notice, the date which is the earlier of (1) the date which is eleven (11) months prior to the end of the initial Lease Term or first Extension Term (as applicable), or (2) the date which is sixty (60) days after the date of Tenant's delivery of the Extension Notice. If Tenant fails to deliver written notice to Landlord so withdrawing the Extension Notice on or before the Withdrawal Date and if Landlord and Tenant have not agreed upon the Extension Term Base Rent (including the annual market rate increases) within sixty (60) days after the delivery of Tenant's Extension Notice, the Extension Term Base Rent shall be determined as follows:

Appears in 1 contract

Samples: Lease Option Agreement (Peregrine Systems Inc)

Options to Extend. (a) Provided that, at the time of each such exercise, (i) this Lease is in full force and effect, and (ii) no default by Tenant shall have two occurred and be continuing (2) options either at the time of exercise or at the commencement of an Extended Term), Tenant shall have the right and option to extend the Term of this Lease for two (2) extended terms (collectively, the "Options to ExtendExtended Terms") for successive periods of ten five (105) years each (the "Extension Periods"), subject by giving written notice to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one twelve (2112) months prior to the expiration date of the Initial Term of this Lease or with respect to the preceding Extension Periodfirst Extended Term, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so and not later than twelve (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1812) months prior to the expiration date of the first Extended Term with respect to the second Extended Term. The effective giving of such notice of extension by Tenant shall automatically extend the Term of this Lease for the applicable Extended Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails timely to give such notice to Landlord, this Lease shall automatically terminate at the end of the Term then in effect, and Tenant shall have no further option to extend the Term of this Lease. Each Extended Term shall commence on the day immediately succeeding the expiration date of the Initial Term of this Lease, or the preceding Extension PeriodExtended Term, as the case may be, whichever is earlierand shall end on the day immediately preceding the fifth anniversary of the first day of such Extended Term. If The Extended Terms shall be on all the terms and conditions of this Lease, except: (i) during the Extended Terms, Tenant fails shall have no further option to timely give either extend the Inquiry Notice or Term, except as provided herein during the Exercise Notice to Landlord first Extended Term with respect to any Option to Extendthe second Extended Term, at and (ii) the sole election of Landlord, Tenant Fixed Rent for the Extended Terms shall be conclusively deemed the Fair Market Rental Value for the Premises as of the commencement of the Extended Term in question, determined pursuant to have waived such Option to Extend hereunderparagraph (b) of this Section 10.1.

Appears in 1 contract

Samples: LTX Corp

Options to Extend. (a) Tenant shall have two (2) options (each a “Renewal Option”) to extend the Term Term, with respect to all or any portion of this Lease (the "Options to Extend") Premises described below, for successive periods of ten five (105) years each following the end of the initial Term (each a “Renewal Period” and collectively the "Extension “Renewal Periods"), subject so long as this Lease is then in effect and no Event of Default by Tenant relating to and on any monetary obligation of this Lease exists at the terms set forth hereintime of the exercise of the applicable Renewal Option. In the event that Tenant may only desires to exercise its option to renew the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Term for a Renewal Period, Tenant shall desire to exercise either Option to Extend, it shall give so notify Landlord a notice in writing on or before the twelfth (the "Inquiry Notice"12th) of such desire not later than twenty-one (21) months month prior to the expiration last day of the Initial Term Term. Tenant shall specify in such notice to Landlord the portions of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) Premises which Tenant desires to lease for the applicable Extension Renewal Period which shall be determined in accordance with Subsection (e) below. After eliminate from the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice Premises only that Eliminated Area described below (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier“Renewal Space”). If Tenant fails to timely give either designate the Inquiry Notice portion of the Premises which Tenant desires to lease, Tenant shall be deemed to have elected to lease the entire Premises. Upon the giving of such notice, this Lease and the Term hereof shall automatically be extended for five (5) years without the necessity for the execution of any other instrument in confirmation thereof except for a document memorializing the Annual Rent established as set forth in Section 3.3 below for the then extended Term. Notwithstanding the foregoing, Tenant’s Renewal Options will not lapse because of Tenant’s failure to exercise any Renewal Option unless Landlord gives Tenant notice that Tenant has failed to exercise such Renewal Option prior to the period provided above, and Tenant shall have failed to exercise such option within ten (10) days following Tenant’s receipt of such notice. Except for the reduced square footage (if applicable), the rent payable during the applicable Renewal Period, which shall be determined in the manner provided in Section 3.3 below, and the fact that there shall be no further option to extend beyond the second Renewal Period or the Exercise Notice to Landlord with respect to any Eliminated Area (as defined below), each extension shall be upon all the same terms, conditions and provisions as contained in this Lease. In the event Tenant exercises either Renewal Option as to Extenda portion, and not all, of the then current Premises, (i) the Renewal Space must contain at least one hundred thirty thousand (130,000) square feet of rentable area; (ii) the sole election space eliminated from the Premises pursuant to this Section (the “Eliminated Area”) must, to the extent reasonably possible, be internally contiguous; (iii) each portion of the Eliminated Area must contain at least 10,000 contiguous square feet of rentable area and be marketable as office or research and development space on commercially reasonable terms and in accordance with all Legal Requirements; and (iii) the Eliminated Area must have access to legally appropriate restrooms, elevator lobby and fire stairs on the applicable floor of the Building and shall have an approximately proportionate share of the exterior window walls on the applicable floor of the Building when compared with the Renewal Space. The cost of partitioning the Renewal Space from the Eliminated Area shall be paid by Landlord. Once the Eliminated Area has been separated from the Premises, Tenant shall be conclusively deemed no longer have an option to have waived such Option extend the Term with respect to Extend hereunderthe Eliminated Area.

Appears in 1 contract

Samples: Lease (Dunkin' Brands Group, Inc.)

Options to Extend. Landlord hereby grants to Tenant three (a3) Tenant shall have two successive options (2each an "OPTION" and collectively, the "OPTIONS") to extend the term of this Lease, each for a one hundred sixty-eight (168) month period (each an "OPTION PERIOD" and, collectively, the "OPTION PERIODS"), upon the same terms and conditions as those set forth in this Lease for the Initial Term (except that no options to extend other than the Term Options are granted). In order to exercise an Option, Tenant must give notice to Landlord of this Lease its intention to exercise the applicable Option on or before the date (the "Options to ExtendOPTION DATE") for successive periods of ten which is six (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (216) months prior to the expiration end of the Initial Term of this Lease or the preceding Extension previous Option Period, as the case may be. Thereafterapplicable; provided, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period however, that it shall be determined in accordance with Subsection (e) below. After a condition precedent to the applicable Fair Market Rent has been so determined, Tenant may exercise of each Option that Tenant shall not be in Default as of the respective Option Date. Tenant's election not to Extend by giving exercise an Option, or the passage of an Option Date without exercise of the subject Option, shall thereby terminate the subsequent Option or Options. The Options are personal to Tenant and may not be assigned except in connection with a permitted assignment of Tenaxx'x xnterest in this Lease. Landlord written shall deliver to Tenant a notice reminding Tenant of Tenant's right to exercise an Option not more than six (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (186) months and not less than thirty (30) days prior to the expiration of the Initial Term of this Leasedate Tenant may first exercise an Option, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant provided that in no event shall Landlord's failure to deliver such notice impose any liability on Landlord's part; however if Landlord fails to timely give either deliver such notice the Inquiry Notice or the Exercise Notice to Landlord with respect to any time for Tenant's exercise of an Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed extended, if necessary, to have waived the date which is thirty (30) days from the date of delivery of such Option to Extend hereundernotice from Landlord.

Appears in 1 contract

Samples: Defined Term (Sports Club Co Inc)

Options to Extend. Provided that Equinix, Inc., a Delaware corporation, or an Affiliate (aas defined in Section 23.A. hereof) Tenant shall have (said Equinix, Inc. or an Affiliate being hereinafter collectively referred to as "Equinix") (i) is not then in default in the payment of any Rent due under this Lease and is not then in Default in the performance of any of its other obligations under this Lease, and (ii) has not been in Default more than once during the immediately preceding two (2) years of the Term, in each case both at the time of exercise of the Renewal Option, as hereinafter defined, in question, and at the commencement of the Renewal Period, as hereinafter defined, in question, and is then in occupancy of the Premises at the time of exercise of the Renewal Option, as hereinafter defined, in question, and at the time of the commencement of the Renewal Period, as hereinafter defined, in question, Equinix shall have three (3) successive options (the "Renewal Options") to extend the Term of this Lease the Lease, each for a successive additional five (5) year period (the "Options to ExtendRenewal Periods") for successive periods after the expiration of ten (10) years each (the "Extension Periods"), subject Initial Term. Each Renewal Option shall be exercisable only by written notice given by Equinix to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one twelve (2112) months months, nor earlier than fifteen (15) months, prior to the expiration of the Initial Term of this Lease initial Term, or the preceding Extension PeriodRenewal Period then in effect, as the case may be. ThereafterIn the event that Equinix does not timely exercise a Renewal Option, said Renewal Option and all successive Renewal Options shall be null and void and of no further force or effect, time being of the Fair Market essence in the exercise of each Renewal Option and it being acknowledged and agreed by Equinix that Landlord shall be entitled to rely on any failure by Equinix to give written notice of its exercise of its Renewal Option by the date set forth herein for such exercise thereof. All terms and conditions of this Lease shall be applicable during the Renewal Period except that the amount of Base Rent (as defined in Subsection (b) below) charged for the applicable Extension each Renewal Period shall be determined the then "Prevailing Market Rent", which shall be the rent for comparable space in accordance with Subsection (e) below. After comparable buildings in Loudoun County, Virginia; provided, however, that in no event shall the applicable Fair Prevailing Market Rent has been so determineddetermined as aforesaid be deemed to be less than the Base Rent payable under this Lease during the Lease Year immediately preceding the first Lease Year of the Renewal Period. If within thirty (30) days following delivery of Equinix's notice, Tenant may exercise each Option to Extend by giving Landlord written notice (and Equinix have not mutually agreed on the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Prevailing Market Rent has been determined pursuant to this Section 10.12 or for the Renewal Period in question, then within ten (y10) eighteen (18) months prior to days after the expiration of such thirty-day period, each party shall file written notice to the Initial Term other setting forth the name and address of this Leasea Broker (as hereinafter defined) selected by such party who has agreed to act in such capacity, or to determine the preceding Extension Period, as the case may be, whichever is earlierPrevailing Market Rent. If Tenant fails either party shall fall to timely give either select a Broker as aforesaid, the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant Prevailing Market Rent shall be conclusively determined by the Broker selected by the other party. Each Broker shall thereupon independently make his determination of the Prevailing Market Rent within twenty (20) days after the appointment of the second Broker. If the two Brokers' determinations are not the same, but the higher of such two values is not more than one hundred five percent (105%) of the lower of them, then the Prevailing Market Rent shall be deemed to have waived be the average of the two values. If the higher of such Option two values is more than one hundred five percent (105%) of the lower of them, then the two Brokers shall jointly appoint a third Broker within ten (10) days after the second of the two determinations described above has been rendered. The third Broker shall independently make his determination of the Prevailing Market Rent within twenty (20) days after his appointment. The highest and the lowest determinations of value among the three Brokers shall be disregarded and the remaining determination shall be deemed to Extend hereunderbe the Prevailing Market Rent. Within thirty (30) days after the Prevailing Market Rent is determined as aforesaid, the parties shall execute an amendment to this Lease setting forth the new Rent to be paid for the Renewal Period.

Appears in 1 contract

Samples: Equinix Inc

Options to Extend. (a) Tenant shall have the right to extend the Lease Term (the “Extension Option”) for two (2), five (5)-year periods (each an “Option Term”) options to extend the Term if Tenant (i) gives Landlord written notice of this Lease such election (the "Options to Extend"“Option Notice”) for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one ninety (2190) months prior to days before the expiration of the Initial Term then applicable Lease Term; and (ii) there exists no uncured material default on the part of this Tenant under the Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined described in Subsection (bSection 10.02 of the Original Lease) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) on the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to of giving the Option Notice and on the date of the expiration of the Initial then applicable Lease Term. The foregoing conditions are for the sole benefit of Landlord, and Landlord, alone, shall have the right in its sole and absolute discretion to insist on strict observance with the foregoing conditions or to waive any of the foregoing conditions. All of the terms and conditions of the Lease shall apply during each Option Term (other than the obligation for Landlord to perform the improvements described in Section 4 of this Lease2nd Amendment, or and other than the preceding further right to extend the Lease Term after Tenant exercises the Extension PeriodOption for the second Option Term, as which obligation and right shall be inapplicable). The Base Rent for the case may befirst year of the first Option Term shall be in the amount of $76,187/month, whichever is earlierand shall increase annually thereafter at a rate of two percent (2%) per annum through and including the second Option Term (if applicable). If Tenant fails to timely give either deliver an Option Notice within the Inquiry Notice or prescribed time period, then the Exercise Notice Extension Option shall lapse and there shall be no further right to Landlord with respect extend the Lease Term. Tenant’s right to any exercise the Extension Option to Extend, at for the sole election of Landlordsecond Option Term shall be conditioned upon Tenant successfully exercising the Extension Option for the first Option Term. Except as provided in this Section 5, Tenant shall be conclusively deemed have no right or option to have waived such Option extend the Lease Term, including, without limitation, the terms and conditions contained in Section 7 of the Rider to Extend hereunderthe Original Lease.

Appears in 1 contract

Samples: Lease Agreement (United Stationers Inc)

Options to Extend. (a) The Tenant shall have has the options to extend the Initial Term of this Lease for two (2) options to successive five (5) year term(s) (each an “Extended Term” or collectively, the “Extended Terms”), the exercise of which shall automatically extend the Term of this Lease (without the "Options necessity of additional documentation. So long as there does not exist any continuing, uncured Event of Default hereunder at such time of exercise, the option to Extend") for successive periods of ten (10) years each (extend the "Extension Periods"), subject first Extended Term shall be deemed to and on the terms set forth herein. Tenant may only exercise the Options have been exercised by Tenant’s notification to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire Landlord that it elects to exercise either Option its option to Extendextend at least twelve (12) months, it shall give Landlord a notice but not more than eighteen (the "Inquiry Notice"18) of such desire not later than twenty-one (21) months months, prior to the expiration end of the Initial Term hereunder and, as to the second Extended Term, at least twelve (12) months, but not more than eighteen (18) months, prior to the end of the first Extended Term. The Extended Term(s) shall be upon the same terms and conditions as are set forth in this Lease Lease, including, without limitation, the Tenant’s obligations to pay Operating Cost Escalation as set forth in Section 4.2, except that (i) there shall be no additional option to extend after the termination of the second Extended Term or the preceding Extension Periodfailure to exercise the first or second option, as applicable option, whichever shall first occur, (ii) the case may be. Thereafter, annual Fixed Rent for the Fair Extended Terms shall be equal to ninety-five percent (95%) of the Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be and determined in accordance with Subsection Exhibit H), and (eiii) below. After there shall be no allowances, abatements or initial rental concessions as may have been provided for herein with respect to the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice Initial Term and (the "Exercise Notice") of its election to do so not later than (xiv) the date by which Fair Market Base Year Operating Costs for such Extended Term shall be the amount of Landlord’s Operating Costs for the calendar year ending December 31 of the first year of such Extended Term (grossed up to reflected 95% occupancy as set forth in Section 4.2). Notwithstanding the foregoing, in no event, however, shall the annual Fixed Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to for the expiration first Extended Term be less than the annual Fixed Rent and additional rent payable during the last year of the Initial Term of this Lease(after taking into account the free rent and other concessions applicable to the Initial Term, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant which for such purposes shall be conclusively deemed to have waived such Option to Extend hereunder.amortized on a straight line basis over the Initial Term), and in no event shall the annual Fixed Rent for the second Extended Term be less than the annual Fixed Rent and additional rent payable during the last year of the first Extended Term. 72 EXHIBIT “G”

Appears in 1 contract

Samples: Lease (Zoran Corp \De\)

Options to Extend. (a) Provided, that Tenant shall not be in default of any of the terms or provisions of this Lease after the expiration of any applicable notice and cure period provided herein, Tenant shall have two the right to extend the Term of this Lease for three (23) additional consecutive periods of three (3) years each (each, a "Renewal Term" and collectively, the "Renewal Terms"), subject to and upon all of the terms and conditions provided in this Lease. All terms, covenants and conditions of this Lease shall apply during each such Renewal Term; provided, however, that the rent to be paid by Tenant to Landlord during each of the Renewal Terms shall be as described in Section 4(b) below. As currently provided in this Lease, all monthly installments of Rent during a Renewal Term shall be paid on or before the first (1st) day of each month in advance. If Tenant elects to exercise one or more of the options to extend the Term of this Lease (the "Options Lease, Tenant shall deliver written notice to Extend") for successive periods Landlord, notifying Landlord of ten (10) years each (the "Extension Periods"), subject Tenant's election to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises same, at least six (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (216) months prior to the expiration of the Initial initial Term of this Lease or the preceding Extension Periodfirst or second Renewal Term, as the case may be. Thereafter, Time is of the Fair Market Rent (as defined in Subsection (b) below) essence of for the applicable Extension Period shall be determined in accordance with Subsection giving of such notice and if any notice is not received by Landlord six (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (186) months prior to the expiration of the Initial Term of this Leaseeach such renewal term, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant such option shall be conclusively deemed null and void. Such written notice shall be delivered by certified mail or by guaranteed overnight delivery (e,g, Federal Express) to have waived Landlord’s office designated in Section 30 or at such Option other address or location as Landlord may from time to Extend hereundertime designate in writing. Tenant may only exercise the options consecutively. The right granted to Tenant under this Section to so extend the Term is personal to the original named Tenant of the Lease and shall not be assigned or transferred to or exercised by any other person or entity.

Appears in 1 contract

Samples: Center Building Office Lease

Options to Extend. (a) Grant and Exercise of Option. Provided that (i) no default has occurred and is then continuing, and (ii) Tenant originally named herein or its Permitted Transferee remains in possession of the Leased Premises, Tenant shall have the option to extend the Lease Term for two (2) options to extend the Term of this Lease (the "Options to Extend") for successive additional periods of ten five (105) years each (the each an "Extension PeriodsTerm"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, subject if any, (y) any improvement allowances or other concessions applicable to the Leased Premises under the Lease shall not apply to the Extension Term, and on (z) the terms Minimum Annual Rent shall be adjusted as set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice below (the "Inquiry NoticeRent Adjustment") of such desire not ). Tenant shall exercise each option by delivering to Landlord, no later than twenty-one hundred eighty (21180) months days prior to the expiration of the Initial Term preceding term, written notice of this Tenant's desire to extend the Lease or the preceding Extension Period, as the case may beTerm. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period Tenant's failure to timely exercise such option shall be determined in accordance with Subsection (e) belowdeemed a waiver of such option and any succeeding option. After Landlord shall notify Tenant of the applicable Fair Market amount of the Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not Adjustment no later than ninety (x90) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months days prior to the expiration commencement of the Initial Term of this Lease, or Extension Term. Tenant shall be deemed to have accepted the preceding Extension Period, as the case may be, whichever is earlierRent Adjustment if it fails to deliver to Landlord a written objection thereto within five (5) business days after receipt thereof. If Tenant fails properly exercises its option to timely give either extend, Landlord and Tenant shall execute an amendment to the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to ExtendLease (or, at Landlord's option, a new lease on the sole election form then in use for the Building) reflecting the terms and conditions of Landlord, Tenant shall be conclusively the Extension Term within thirty (30) days after Tenant's acceptance (or deemed to have waived such Option to Extend hereunderacceptance) of the Rent Adjustment.

Appears in 1 contract

Samples: Puradyn Filter Technologies Inc

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Options to Extend. (a) Tenant Lessor hereby grants Lessee, if Lessee shall have two (2) options not be in default in the performance of any obligations under this Lease, an option to extend the Term term of this Lease for One (1) period (s) of Fifteen (15) years. Such extended term shall begin on July 1, 2018 and shall end on June 30, 2033. All of the "Options to Extend") for successive periods covenants, terms, and conditions of ten (10) years each (this Lease shall remain in full force and effect during such the "Extension Periods"), subject to and on the terms extended term of this Lease except as expressly set forth herein. Tenant may only exercise The annual rent due under this Lease for the Options extended term shall be increased by ten percent (10%) in each five (5) year period based on the previous period's rental rate, with each such increase in the rent to Extend with respect be effective on July 1, 2018, July 1, 2023, and July 1, 2028 and to remain effective during the entire Premises five (5) year period from and including such date. Lessee Shall be deemed to have automatically exercised its option to extend the Expansion Spaces). If Tenant shall desire to exercise either Option to Extendterm of this Lease for the renewal term of fifteen (15) years unless Lessee shall, it shall give Landlord a notice not less than one hundred twenty (the "Inquiry Notice"120) of such desire not later than twenty-one (21) months days prior to the expiration of the Initial Term original term of this Lease, give written notice to Lessor confirming that this Lease shall expire on the expiration date of the original term of this Lease. In no event shall the original term and extended term of this Lease or exceed Thirty (30) years. In the preceding Extension Periodevent Lessee has exercised its option to extend the term of this Lease for such fifteen (15) year period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend a subsequent default by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months Lessee prior to the expiration of the Initial Term original term of this Lease shall give Lessor, but not Lessee, the right to terminate this Lease on or before the expiration date of the original term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.-------------------------------------------------------------------------------- 83

Appears in 1 contract

Samples: Lease Agreement (Community Bank Shares of Indiana Inc)

Options to Extend. Provided there exists no uncured Event of Default under this Lease, or any of the Other Leases at the time Lessee exercises any option to extend (a) Tenant shall in accordance with this Article XVIII), Lessee will have the right to extend this Lease for two (2) options periods of five (5) years each (each such additional term shall be referred to herein as an "Extended Term"), commencing immediately following the end of the Initial Term or the immediately preceding Extended Term, as the case may be. Notwithstanding anything stated in this Paragraph 18.1 or elsewhere in this Lease, Lessee shall not be entitled to exercise its option to extend the Term of this Lease for any Extended Term (and any such option to extend shall automatically expire and terminate) unless Lessee concurrently exercises its option to extend each of the Other Leases for the same period, as provided in Article XVIII of each of the Other Leases; and any attempt to exercise Lessee's option to extend this Lease without Lessee exercising its options under all of the Other Leases shall be null and void. The Lease during any Extended Term shall be on the same terms and conditions as during the Initial Term, except that the Minimum Rent shall be determined as set forth in Paragraph 18.2 below. In the event Lessee desires to exercise any option to extend granted in this Article XVIII, Lessee shall give Landlord written notice ("Options Notice to Extend") for successive periods of ten not less than one hundred eighty (10180) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months days prior to the expiration of the Initial Term of this Lease or the immediately preceding Extension PeriodExtended Term, as the case may be. ThereafterIf Lessee fails to give Landlord any such notice, the Fair Market Rent (as defined then such option to extend and all future options to extend granted in Subsection (b) below) for the applicable Extension Period this Article XVIII shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") null and void and of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 no further force or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereundereffect.

Appears in 1 contract

Samples: Lease (Sterling House Corp)

Options to Extend. 38.1 Provided that as of the time of the giving of the Tenant's extension notice and the commencement date of the extension term, (ax) Tenant is the Tenant originally named herein or successors or affiliates of Tenant, (y) Tenant actually occupies at least 75% of the Premises, and (z) no uncured Event of Default exists; then Tenant shall have the successive options to extend the term of this Lease for two (2) options to extend successive five (5) year periods from and after the Term date of this Lease (the "Options to Extend") for successive periods expiration of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth hereinoriginal term thereof. Tenant may only shall exercise the Options each option of extension by notice to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire given not later than twenty-one the last to occur of the date which is twelve (2112) months prior to the expiration of the Initial Term then current (initial or extended) term. However, in any event, the term of this Lease or shall expire on the preceding Extension Periodday scheduled therefor without extension if such option to extend shall not have been exercised by Tenant. If Tenant, as having exercised an available extension option, is in occupancy of space during an extended term of this Lease and the case may be. Thereafter, the Fair Market Base Rent (as defined in Subsection (b) below) and any other applicable charge have not been established for the applicable Extension Period such period then Tenant shall be determined in accordance with Subsection (e) below. After obligated to pay the applicable Fair Market Base Rent has been so determinedand any other charge for such period when established, Tenant may exercise each Option retroactively to Extend by giving Landlord written notice (the "Exercise Notice") first day of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to period following the expiration of the Initial Term initial or an extended term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Notice from Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extendof the exercise of an option shall always be sufficient if notice thereof is given as required by the notice clause of this Lease and if signed by an authorized officer of Tenant and such notice is accompanied by the certification of authority of such officer from a suitable attesting officer, at such as a vice president of Tenant, and, upon the sole election giving of Landlordsuch notice, Tenant the term of this Lease shall be conclusively deemed automatically extended for the period next ensuing, without the requirement of the execution of any further instrument, upon all the terms, provisions and conditions set forth in this Lease, except that the Base Rent and other charges payable on account of each such extension shall be adjusted as set forth below and that there shall be no right to have waived such Option to Extend hereunderextend beyond those provided herein.

Appears in 1 contract

Samples: Lease Agreement (Edwards J D & Co)

Options to Extend. (a) Provided Tenant is not in default of this Lease beyond any applicable cure period and Tenant is open for business to the public in accordance with Article VII of this Lease, Tenant shall have two (2) options the option to extend the Lease Term for one ( 1) successive period of this Lease five (5) years (the "Options to Extend") for successive periods of ten (10) years each (the "Extension PeriodsOption Period"), subject . The option to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect extend as to the entire Premises (including the Expansion Spaces). If Tenant Option Period shall desire be exercisable by written notice given to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not no later than twenty-one hundred eighty (21180) months days prior to the expiration of the Initial Term Tenant shall have no right to extend or renew this Lease other than for the aforesaid Option Period. Any cancellation or termination of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior terminate Tenant's right to the expiration Option Period. Time is of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord essence with respect to any exercise of the Option Period by Tenant. If Tenant timely exercises the option to Extendextend as to an Option Period, at the sole election of Landlord, Tenant Lease Term shall be conclusively deemed automatically extended upon all of the same terms and conditions except Fixed Rent and Percentage Rent shall be as set forth in Section 4.02 and Section 4.03 hereof. Notwithstanding the foregoing, Landlord may reject as invalid any notice attempting to have waived exercise the foregoing option as to the Option Period or may cancel the Option Period within 30 days of its inception if Tenant is in default of the provisions of this Lease (i) on the date the notice exercising such option is received or (ii) on the date the Option Period commences, unless Tenant has cured such default or commenced such cure and is diligently prosecuting it to Extend hereundercompletion, within said thirty (30) day period.

Appears in 1 contract

Samples: Lease (Chicago Pizza & Brewery Inc)

Options to Extend. (a) If the Tenant is not then in default under the Lease and has not been in recurrent default under the Lease during the Term, the Tenant shall have two the right on written request delivered to the Landlord not less than six (26) options months prior to the expiry of the initial Term to extend the Term of this Lease (for the "Options to Extend"Building Premises for one(1) for successive periods further period of ten (10) years each (( THE "FIRST EXTENSION TERM") after the "Extension Periods")expiry of the initial Term, subject to and on the same terms and conditions as set forth hereinout in the Lease, save and except for any further option to extend and Base Rent for the Building Premises. Tenant may only exercise The Base Rent payable during such Ten (10) year extension shall be the Options then current market rent for comparable unfixtured space in the vicinity of the Building and with similar exposure to Extend with respect to the entire Premises (including the Expansion Spaces)Highway 400. If Tenant shall desire the parties are unable to exercise either Option to Extend, it shall give Landlord a notice agree on the Base Rent for the extended Term within ninety (the "Inquiry Notice"90) of such desire not later than twenty-one (21) months days prior to the expiration expiry date of the Initial then current Term, the Tenant shall have the right to submit the issue of the amount of the Base Rent payable during such first extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent shall in any event be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of the Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions of such extension, which may be in the form of the Landlord's then current Lease for the Building. If the Tenant fails or neglects to submit the issue of the Base Rent payable during such first extension to arbitration within the aforesaid ninety (90) days, the Tenant shall be deemed for all purposes of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderaccepted the Base Rent stipulated by the Landlord.

Appears in 1 contract

Samples: Indenture (Beaconsfield I Inc)

Options to Extend. (a) Tenant shall have two (2) options option(s) to extend the Term of this Lease (the "Options to ExtendEXTENSION OPTIONS") the Lease Term for successive periods of ten consecutive five (105) years each year period(s) (the foregoing option term(s) shall be referred to hereinafter sometimes as the "Extension PeriodsEXTENSION TERM(s)"), subject by delivering a written notice of exercise to and on the terms set forth herein. Tenant may only exercise the Options to Extend Landlord ("EXTENSION NOTICE") with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall Term, which Extension Notice may not be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later delivered earlier than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) is eighteen (18) months prior to the expiration end of the Initial initial Lease Term or first Extension Term (as applicable) and may not be delivered later than the date which is thirty (30) days after the Reminder Notice. If Landlord has not received an applicable Extension Notice by the date which is twelve (12) months prior to the end of this Leasethe initial Lease Term or first Extension Term (as applicable), or Landlord may provide written notice ("EXTENSION REMINDER NOTICE") to Tenant that the preceding Extension Period, as Option will expire if Tenant fails to deliver the case may be, whichever is earlierExtension Notice to Landlord within thirty (30) days after the date of such notice from Landlord. If Tenant fails to timely give either deliver the Inquiry Extension Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlordwithin said thirty (30) day period, Tenant shall be conclusively deemed to have waived its right to exercise such Extension Option. The parties acknowledge that Tenant's Extension Option will not lapse until the date which is thirty (30) days after Landlord's delivery of the Extension Reminder Notice pursuant to Extend hereunder.this Section 2.2. The Extension Option shall apply to all space (and not a portion of the space) then leased by Tenant in the Building. Tenant may exercise the Extension Option(s) only if this Lease is in full force and effect and there is no uncured Event of Default under this Lease, at the time of exercise of such Extension Option and/or at the time of the commencement of the Extension Term, but Landlord shall have the right to waive such conditions herein. Tenant's exercise of the second (2nd) Extension Option shall be conditioned upon Tenant's exercise of the first Extension Option. The rights of Tenant contained in this Section 2.2 shall be personal to the original Tenant named in the Summary ("ORIGINAL TENANT") and any Permitted Affiliate and may only be exercised by the Original Tenant or such Permitted Affiliate if Tenant, at the date of Tenant's Extension Notice, meets or exceeds the Financial Standards set forth in Section 21.2 below. The Base Rent during each Extension Term ("EXTENSION TERM BASE RENT") shall be an amount equal to ninety-five percent (95%) of the then "Fair Market Rental Value" of the Building (as such term is defined in Section 2.2(e) below), as stated on a monthly basis and determined pursuant to this Section 2.2 as of the first (1st) day of the applicable Extension Term ("EXTENSION TERM COMMENCEMENT DATE"); provided, however, in no event shall the Base Rent payable during any Extension Term for the Building be less than the Base Rent payable during the period immediately preceding such Extension Term for the Building and provided further that, on the first anniversary of the Extension Term Commencement Date, and on each subsequent anniversary thereof during such Extension Term, the then payable monthly Extension Term Base Rent shall be increased in accordance with market rate increases, as mutually agreed to by Landlord and Tenant or, if Landlord and Tenant cannot agree, as determined by the appraisal process described below. Upon receipt by Landlord of Tenant's Extension Notice under this Section 2.2, above, Landlord and Tenant shall meet in an effort to negotiate, in good faith, the applicable Extension Term Base Rent which shall become effective as of the respective Extension Term Commencement Date. If PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Appears in 1 contract

Samples: Office Lease (Peregrine Systems Inc)

Options to Extend. (a) Tenant Sublessee shall have two (2) a series of options to extend the Term term of this Lease (the "Options to Extend") Sublease for successive periods a period of ten (10) years one year each (the "Extension PeriodsOne Year Extensions"), subject to and on the terms set forth herein. Tenant each such option for a One Year Extension may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (be exercised by Sublessee throughout the "Inquiry Notice"Initial Lease Term" as defined in the Master Lease. Each such option to extend the Sublease term for a One Year Extension shall be exercised by Sublessee's delivery of written notice thereof to Sublessor at least thirty (30) of such desire not later than twenty-one (21) months days prior to the expiration of the Initial Term then current term of this Lease or the preceding Extension PeriodSublease, as the case same may behave been previously extended; provided that no default or event of default then exists under this Sublease on the part of Sublessee. ThereafterIn the event Sublessor elects to exercise its option to extend the term of the Master Lease pursuant to Paragraph 3 of the Addendum No. 1 to the Master Lease, then Sublessee's right to exercise additional options for One Year Extensions shall continue through the Fair Market Rent five year "extension term" provided in the Master Lease. Notwithstanding the foregoing, if Sublessor requires use of the Subleased Premises for Sublessor's own business operations (as defined in Subsection and not for assignment or sublease to another person or entity), Sublessor may cancel Sublessee's option to extend the Lease term beyond the first One Year Extension, provided that (bi) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord Sublessor delivers written notice of such cancellation to Sublessee at least one hundred twenty (the "Exercise Notice"120) of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months days prior to the expiration of the then current term of this Sublease, and (ii) Sublessor occupies the Subleased Premises for its own business use within sixty days of the expiration of the term of this Sublease and continues such use for a period of at least one year. Any such cancellation shall be effective as of the expiration of the then current term of this Sublease and shall only apply to options to extend following the first One Year Extension; provided that if Sublessor cancels any extension term pursuant to the terms of this Section 5.2, Sublessee shall have no further option to extend the term of this Sublease. Rent payable for each One Year Extension occurring during the Initial Lease Term of this Lease, or the preceding Extension Period, Master Lease will be calculated as the case may be, whichever is earlierset forth in Paragraph 3.1 above. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with With respect to any Option to ExtendOne Year Extensions exercised by Sublessee during the five year "extended term" of the Master Lease, at the sole election of Landlord, Tenant Base Rent payable during each such One Year Extension shall be conclusively deemed equal to have waived Sublessee's Share (as defined below) of the Basic Monthly Rent payable by Sublessor under the Master Lease during such Option one year period of the extended term. All other terms and provisions of this Sublease shall apply to Extend hereundersuch One Year Extensions. If the "Initial Lease Term" (if Sublessor does not extend the term of the Master Lease) or the "extended term" described in the Master Lease expires on a date prior to the last day of a calendar year, then any One Year Extension then in effect upon such expiration of the Master Lease shall terminate concurrently with the expiration of the term of the Master Lease. Nothing contained herein shall be construed in any way to obligate Sublessor to extend the terms of the Master Lease or to exercise any options under the Master Lease.

Appears in 1 contract

Samples: Lightspan Partnership Inc

Options to Extend. (a) Subject to the terms and provision hereof, Tenant shall have two (2) options the option to extend the Term of this Lease for one additional period of three (the "Options to Extend") for successive periods of ten (103) years each (the "Extension Periods"), subject to and commencing on the terms set forth hereinexpiration of the initial Term and ending on the last day of the sixth Lease Year. This option shall be exercised only by written notice from Tenant which is received by Landlord during the first thirty (30) days of the third Lease Year, time being of the essence. Notwithstanding the foregoing, the first option may only exercise be exercised by Tenant and the Options Term of this Lease shall, in fact, be extended pursuant to Extend this provision only if this Lease is in full force and effect and Tenant has not defaulted beyond any notice and cure period contained herein with respect to the entire Premises (including payment of rent or the Expansion Spaces). If performance of any other obligations of Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months under this Lease at any time prior to the expiration date of Tenant's notice or the commencement of the Initial Term extension period. Tenant's notice shall include audited financial statements including both income statement and balance sheet from Tenant's most recent fiscal year provided that if the notice is given within ninety (90) days after the end of this Lease or Tenant's most recent fiscal year and the preceding Extension Periodaudited financial statements for such fiscal year are not yet available, as then Tenant shall provide to Landlord (i) audited financial statements from the case may be. Thereafter, fiscal year ended immediately before the Fair Market Rent most recent fiscal year; (as defined in Subsection (bii) below) interim financial statements including both income statement and balance sheet for the applicable Extension Period shall be determined in accordance with Subsection month ended not more than forty-five (e45) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months days prior to the expiration date of the Initial Term notice; and (iii) a certificate of Tenant stating that there has been no change in the capitalization, assets, liabilities, business prospects or methods of doing business of Tenant since the end of the fiscal year and interim period of such financial statements, other than changes in the ordinary course of business, none of which have had a material adverse effect on the business, prospects or condition, financial or otherwise of Tenant and that Tenant is not then in default in the payment of rent or in the performance of any other obligations of Tenant under the Lease. Landlord shall have fifteen (15) days after receipt of such notice and materials to review the financial statements provided by Tenant to determine if it is likely that Tenant would meet all of its obligations under this LeaseLease during the first extension period, or the preceding Extension Period, applying usual and customary review consistent with a term of similar length as the case may be, whichever is earlierproposed extension term and the financial obligations to be undertaken by Tenant throughout such extension term. If Landlord does not approve Tenant's financial statements, Landlord shall so notify Tenant fails to timely give either within five (5) days after the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extendend of such fifteen (15) day period, and this Lease shall terminate at the sole election end of Landlordthe initial Term. If Landlord approves Tenant's financial statements, Tenant then this Lease shall be conclusively deemed to have waived such Option to Extend hereunderextended upon all of the same terms, covenants, provisions and conditions as contained in this Lease except the monthly base rent during the first extension period shall be as follows: -18- $66,094.03 per month during the fourth Lease Year ($15.65 per rentable sq. ft./yr.) $67,415.91 per month during the fifth Lease Year ($15.97 per rentable sq. ft./yr.) $68,764.23 per month during the sixth Lease Year ($16.29 per rentable sq. ft./yr.)

Appears in 1 contract

Samples: Office Lease (Alterra Healthcare Corp)

Options to Extend. (a) Landlord hereby grants the Original Tenant shall have and any Permitted Assignee two (2) options to extend the Term of this Lease (the "Options to Extend") Term, for successive additional consecutive periods of ten three (103) years each (the "Extension Periods"each, an “Option Term”), subject to and which would commence on the Expiration Date or expiration of the prior Option Term, if applicable. The Option Terms shall be upon the same terms set forth herein. Tenant may only exercise and conditions as are provided in the Options to Extend with respect to Lease, except that the entire Premises (including Base Rent during the Expansion Spacesapplicable Option Term would be as specified below in Paragraph 49(c). If The Option Term shall be exercised by Tenant shall desire giving notice to exercise either Option to ExtendLandlord (“Extension Notice”), it shall give Landlord a notice not earlier than twelve (the "Inquiry Notice"12) of such desire months and not later than twenty-one nine (219) months prior to the expiration Expiration Date of the Initial Term of this Lease or the preceding Extension Periodthen current Term, as such may be extended as provided herein (the case may be“Option Exercise Date”). ThereafterIf Tenant fails to provide such notice to Landlord on or before such date, Tenant’s rights under this Paragraph 49 shall be null and void (and such option and any succeeding option, shall be null and void). Additionally, Tenant’s rights to extend the Fair Market Rent (as defined in Subsection (b) below) Term for the applicable Extension Period Option Term shall be determined in accordance with Subsection (e) below. After automatically null and void immediately if any of the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months following conditions occurs prior to the expiration commencement of the Initial applicable Option Term or the exercise by Tenant of the applicable Option Term: (a) there shall be a Tenant’s Default under this Lease, or the preceding Extension Periodoccurrence of any matter which with notice and the passage of time would become a Tenant’s Default, as and such Tenant’s Default has not been cured within the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice cure period provided in this Lease or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of otherwise waived by Landlord, (b) Tenant shall have assigned the Lease or sublet all or any portion of the Premises to anyone other than a Permitted Transferee, or (c) Tenant shall be conclusively deemed to have waived such Option to Extend hereunderin occupancy of less than fifty percent (50%) of the Premises.

Appears in 1 contract

Samples: Office Building Lease (Veracyte, Inc.)

Options to Extend. OPTION TO EXTEND. Tenant shall have the right and option, which said option and right shall not be severed from this Lease or separately assigned, mortgaged or transferred, to extend the Term of this Lease for two (2) additional consecutive periods of five (5) years each (hereinafter referred to respectively as the "First Extension Period" and the "Second Extension Period" and sometimes individually as an "Extension Period"), provided that (a) Tenant shall have two give Landlord notice of Tenant's exercise of such option at least nine (29) full calendar months prior to the expiration of (i) the Original Term in the case of the option with respect to the First Extension Period and (ii) the First Extension Period in the case of the option with respect to the Second Extension Period and (b) no Event of Default (after expiration of applicable notice and cure periods, if any) shall exist at the time of giving each applicable notice and on the date of the commencement of each respective Extension Period and (c) the original Tenant named in this Lease or its Affiliate is itself occupying the entire Premises both at the time of giving the applicable notice and at the time of commencement of the applicable Extension Period. Except for the amount of Annual Fixed Rent (which is to be determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be applicable to the additional periods through which the Term of this Lease shall be extended as aforesaid, except that there shall be no further options to extend the Term of this Lease (beyond the "Options Second Extension Period, nor shall Landlord be obligated to Extend") make or pay for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect any improvements to the entire Premises (including the Expansion Spaces)nor pay any inducement payments of any kind or nature. If Tenant shall desire give notice of its exercise of each such option to exercise either Option to Extendextend in the manner and within the time period provided aforesaid, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease shall be extended upon the giving of each such notice without the requirement of any further attention on the part of either Landlord or Tenant except to the preceding Extension Periodextent necessary to determine the Annual Fixed Rent as hereafter set forth. Landlord hereby reserves the right, as the case may be. Thereafterexercisable by Landlord in its sole discretion, the Fair Market Rent to waive (as defined in Subsection writing) any condition precedent set forth in clauses (a), (b) belowor (c) for above. If Tenant shall fail to give timely notice of the applicable Extension Period shall be determined in accordance with Subsection (e) below. After exercise of any such option as aforesaid or if any of the applicable Fair Market Rent has been so determinedconditions set forth above are not satisfied as and when specified herein, Tenant may exercise each Option shall have no right to Extend by giving Landlord written notice (extend the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Original Term of this Lease, or time being of the preceding Extension Period, as essence of the case may be, whichever is earlierforegoing provisions. If Failure of Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord exercise its option with respect to any Option the First Extension Period shall terminate Tenant's rights with respect to Extend, at the sole election option for the Second Extension Period. Any termination of Landlord, Tenant this Lease Agreement shall terminate the rights hereby granted Tenant. The Annual Fixed Rent payable for each twelve (12) month period during each Extension Period shall be conclusively deemed to have waived such Option to Extend hereunder.97.5% of the Fair Market Rental Value (as said term is hereinafter defined) calculated an each case as of commencement of the applicable Extension Period but in no event less than the Annual Fixed Rent plus Additional

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Genzyme Transgenics Corp)

Options to Extend. (a) Tenant shall have two (2) options to extend renew the Term Lease for all or a portion of this Lease the Premises (the "Options to Extend") for successive periods five (5) year lease terms (each, an “Extension Term”) at the prevailing market rental rate at the time of ten commencement of the Extension Term for similar type properties in the general market area (10) years each (the "Extension Periods"“Fair Market Value”), subject to and on the terms set forth herein. Tenant may only exercise the Options shall provide written notice to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire Landlord of its intention to exercise either Option its options to Extend, it shall give Landlord a notice renew the Lease not less than six (the "Inquiry Notice") of such desire not later than twenty-one (216) months prior to the expiration of the Initial Lease Term or an Extension Term. In order to exercise Tenant’s options to extend, Tenant shall not have defaulted at any time during the initial lease term, or option period, beyond the stated cure date. For each Extension Term, the Base Year shall be adjusted to reflect the then current base year that is being offered to prospective tenants of the building, but in no event earlier that the year in which Tenant’s lease would expire. Within sixty (60) days of the beginning of any Extension Term, the Landlord shall provide an allowance of $7.00 per rentable square foot of the Premises for the refurbishment thereof. Landlord shall, within thirty (30) days after receipt of Tenant’s renewal notice, send to Tenant, Landlord’s proposed fair market rental value for the Leased Premises based on comparable buildings, for comparable tenants ("Landlord’s Rent") for the upcoming Renewal Term. Within ten (10) days thereafter, Tenant shall send to Landlord a notice stating either (i) Tenant’s agreement with Landlord’s Rent, in which event Base Rent shall be said amount payable by Tenant throughout the upcoming Renewal Term with any subsequent fair market annual increases, or (ii) Tenant’s evaluation of said prevailing fair market rental value ("Tenant’s Rent") with any subsequent fair market annual increases. If Landlord and Tenant are unable to agree in good faith upon said prevailing fair market rental value within twenty (20) business days (the “Good Faith Negotiation Period”) from the date of sending the notice described in (ii) above, then Tenant may elect to either (i) rescind its renewal notice or (ii) consent to the matter being determined by baseball arbitration pursuant to the paragraph below. Disputes between Landlord and Tenant with respect to the prevailing fair market rental value of the Leased Premises only shall be determined by baseball arbitration as provided in this paragraph. No other provision or issue arising under this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period any addendum hereto shall be subject to or determined by the provisions hereof. Landlord and Tenant shall each appoint a person as arbitrator who is a recognized authority on commercial office leasing in accordance the City of Memphis, Tennessee and is not affiliated with Subsection either Landlord or Tenant in any way, within ten (e10) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to business days after the expiration of the Initial Term Good Faith Negotiation Period. Such appointment shall be signified in writing by each party to the other within such ten (10) business day period, and the arbitrators so appointed shall appoint within ten (10) days after the appointment of this LeaseTenant’s arbitrator and Landlord’s arbitrator a third arbitrator, who shall be a person who is a recognized authority on commercial office leasing in the City of Memphis, Tennessee and is not affiliated with Landlord or Tenant in any way. Said third arbitrator shall, after due consideration of all the relevant factors to be taken into account and any other information the arbitrator deems necessary, in good faith, make its own determination of the fair market rental value of the Premises within ten (10) days of his or her appointment (the “Arbitrator’s Rent”) and thereafter select either the Landlord’s Rent or the preceding Extension PeriodTenant’s Rent, as the case may bebut no other, whichever is earlierclosest to the Arbitrator’s Rent (the “Final Rent Determination”), such determination to be made within twenty (20) days after the third arbitrator’s appointment. The Final Rent Determination decision shall be in writing and in duplicate, one counterpart thereof to be delivered to each of the parties hereto. The Final Rent Determination shall be binding, final, and conclusive on the parties. The fees of the arbitrators and the expenses incident to the proceedings shall be borne equally between Landlord and Tenant. The fees of respective counsel engaged by the parties, and the fees of expert witnesses and other witnesses called by the parties, shall be paid by the respective party engaging such counsel or calling or engaging such witnesses. If Tenant fails to timely give either appoint an arbitrator in the Inquiry Notice manner and within the time specified above, then the prevailing fair market rental value of the Premises for the upcoming Renewal Term shall be the Landlord’s Rent. If Landlord fails to appoint an arbitrator in the manner and within the time specified above, then the prevailing fair market rental value for the upcoming Renewal Term shall be the Tenant’s Rent. If the parties’ arbitrators fail to appoint the third arbitrator within the time and in the manner prescribed herein, then Landlord and Tenant shall jointly and promptly apply to the local office of the American Arbitration Association for the appointment of the third arbitrator. As soon as reasonably practicable after the agreement to or determination of the Exercise Notice to Landlord with respect to Base Rent rate that will apply during any Option to Extend, at the sole election of Landlordapplicable Renewal Term, Tenant shall be conclusively deemed deliver to have waived Landlord a written notice (“Renewal Base Rent Notice”) that memorializes the Base Rent rate that is expected to apply during any such Option to Extend hereunderRenewal Term, as determined in accordance with the terms hereof.

Appears in 1 contract

Samples: Lease (Bioventus Inc.)

Options to Extend. (a) Tenant shall have Sublessee acknowledges that Sublessor has two (2) options to extend the Term term of the Master Lease, each option for a two (2) year extension term. Sublessor may elect to exercise or not exercise such options in Sublessee's sole and absolute discretion. If Sublessor elects to exercise an extension option under the Master Lease, then, Sublessee shall have the right to elect to extend the Sublease for the corresponding two (2) year extension, subject, however, to the following terms and conditions. Sublessee's right to exercise any such option is subject to the timely payment by Sublessee of all monetary amounts due to Sublessor under this Sublease. If Sublessee fails to pay when due any sums owing to Sublessor pursuant to this Sublease more than three (3) times during the initial term of this Lease Sublease, or more than once during the period of any extension of the initial term of the Sublease, all rights and options of Sublessee to extend the term of the Sublease shall automatically terminate. Sublessee shall exercise each option (if the "Options right to Extend"such option comes into existence) for successive periods by delivery of written notice thereof to Sublessor within ten (10) years each business days following Sublessor's delivery of written notice of Lessor's election to exercise an option to extend the term of the Master Lease. Sublessee does not deliver such exercise notice to Sublessor within such ten (10) business day period, Sublessee shall be deemed to have elected not to exercise such option, and all options rights of Sublessee to extend to term of the "Extension Periods")Sublease shall automatically terminate. If Sublessee timely exercises an option right hereunder provided herein, subject to and on the terms set forth herein. Tenant may only exercise and conditions of this Sublease shall continue to apply for the Options to Extend with respect corresponding extension term; provided, however, that Base Rent payable by Sublessee for the corresponding extension term shall be equal to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent fair market rent (as defined in Subsection (b) below) for the Premises for such extension term as of the commencement of the extended term. However, in no event shall Base Rent for the first year of any such extended term be less than one hundred three percent (103%) of the Base Rent applicable Extension Period during the year immediately preceding the extended term. Further, Base Rent for the second year of each extended term shall be determined increased by the greater of three percent (3%) or the percentage increase in accordance with Subsection the Consumer Price Index (ebut in no event greater than 5%) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been as determined pursuant to paragraph 12.1 above in this Section 10.12 or Addendum. If the Sublessor and Sublessee cannot agree on the fair market rent of the Premises for the applicable extension term within thirty (y30) eighteen (18) months prior days after Sublessee has exercised its option for the extended term, Sublessor and Sublessee shall proceed with the determination of fair market rent pursuant to the expiration procedures set forth in paragraph 37.1.3 of the Initial Term Master Lease regarding the selection of this Leaseappraisers and the determination of fair market rent by appraisers, or including the preceding Extension Periodtime frames set forth in such provisions, as if Sublessee were "Tenant" thereunder, and Sublessor was "Landlord" thereunder. For purposes hereunder, "fair market rent" shall have the case may be, whichever is earlier. If Tenant fails meaning set forth in paragraph 37.1.3 of the Master Lease as pertaining to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderPremises.

Appears in 1 contract

Samples: Marlton Technologies Inc

Options to Extend. (a) If Tenant is not in default in the performance of any of its obligations under this Lease at the time of Tenant's exercise of the then applicable option to extend the then applicable terms of this Lease, Tenant shall have the right at its option to extend the term of the Lease for two (2) options to extend successive five (5)-year periods (individually the Term "First Extended Term" and the "Second Extended Term," respectively, and collectively, the "Extended Terms"). The Lease of the Property during the Extended Terms shall be upon the same terms, covenants and conditions as are set forth in this Lease, other than the monthly Base Rent and the term of the Lease. If Landlord does not receive from Tenant written notice of Xxxxxx's exercise of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and option on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire date which is not later less than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration end of the Initial initial term of the Lease or the end of the First Extended Term of this Lease, or the preceding Extension Period, as the case may bebe (the "Option Notice"), whichever all rights under this option shall automatically lapse and terminate and shall be of no further force and effect. Time is earlierof the essence herein. If Additionally, if Tenant fails to timely give either or duly exercise this option for the Inquiry Notice or First Extended Term, all rights of Tenant under this option to extend into the Exercise Notice First Extended Term and the Second Extended Term shall automatically lapse, terminate and shall be of no further force and effect, and Tenant shall have no further rights to Landlord extend the term of this Lease. Notwithstanding any other provision contained in this Section 7 to the contrary, Tenant may only exercise the options to extend the term of this Lease for each of the Extended Terms if, concurrently with respect Tenant's exercise of such option hereunder, Tenant simultaneously exercises the same option granted to any Option Tenant to Extend, at extend the sole election corresponding term under the Second Lease. If Tenant does not so simultaneously extend the term of Landlordboth leases, Tenant shall have no right to extend the term of this Lease and thereafter the options granted to Tenant herein shall lapse and be conclusively deemed to have waived such Option to Extend hereunderof no force or effect. The monthly Base Rent for each of the First Extended Tem and the Second Extended Term shall be the then fair market rent for the Property (the "Fair Rental Value") agreed upon solely by and between Landlord and Tenant and their agents appointed for this purpose.

Appears in 1 contract

Samples: Sublease Assignment Agreement (Pemstar Inc)

Options to Extend. (a) Landlord hereby grants Tenant shall have two (2) options to extend the Term term of this Lease the Lease, each for an additional period of five (5) years (the "Options to Extend") for successive periods of ten (10) years each (First Option" and the "Extension PeriodsSecond Option"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, respectively as the case may be), commencing immediately after the expiration of the initial Term and the expiration of the First Option term, respectively. ThereafterThe First Option and the Second Option shall each be upon the same material terms and conditions contained in this Lease, except that (i) the Fair Market Monthly Base Rent (as defined for the Premises shall be equal to 95% of the fair market rent for the Premises for the First Option and 100% of the fair market rent for the Second Option, determined in Subsection the manner set forth in subparagraph (b) below, (ii) Tenant shall accept the Premises for each option period in an "as is" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the applicable Extension Period Premises, and (iii) there shall be determined in accordance with Subsection (e) belowno further options to extend the term of the Lease. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its Tenant's election to do so not later exercise the First Option must be given to Landlord in writing no less than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months 270 days prior to the expiration of the Initial initial Term and Tenant's election to exercise the Second Option must be given to Landlord in writing no less than 270 days prior to expiration of this Leasethe First Option term. If Tenant properly exercises the options granted herein, references in the Lease to the Term shall be deemed to mean the First Option term or the preceding Extension Period, Second Option term respectively as the case may bebe unless the context clearly provides otherwise. Notwithstanding anything to the contrary contained, whichever is earlier. If herein, the First Option and the Second Option shall automatically terminate without notice and shall be of no further force and effect, whether or not Tenant fails to has timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extendexercised such option, if a Default exists at the sole election time of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderexercise of either option or at the time of commencement of either option term.

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

Options to Extend. 1.1 Tenant shall have the right and option, which said option and right shall not be severed from this Lease or separately assigned, mortgaged or transferred, to extend the Initial Terra for two (2) additional consecutive periods of five (5) years each (hereinafter collectively referred to as the “Extension Period” and singularly as the “First Extension Period” and the “Second Extension Period”, respectively), provided that (a) Tenant shall have two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice of Tenant’s exercise of each such option at least eighteen (the "Inquiry Notice"18) of such desire not later than twenty-one (21) full months prior to the expiration of the (i) Initial Term of this Lease or with respect to the preceding first such option, and (ii) First Extension Period, as Period with respect to the case may be. Thereafter, the Fair Market Rent (as defined in Subsection second such option and (b) belowTenant shall not be in default (beyond expiration of applicable notice and cure periods, if any) in the performance or observance of any of the terms and provisions of the Lease on the part of Tenant to be performed or observed at the time of giving applicable notice and the commencement of each such Extension Period. Except for the applicable Extension Period amount of Basic Rent (which is to be determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be determined applicable to the additional period through which the Initial Term shall be extended as aforesaid, except that there shall be no further option to extend the Term nor shall there be any Allowance nor shalL Landlord be obligated to make or pay for any improvements to the Premises nor pay any architectural or engineering fees, legal fees, brokerage fees or inducement payments of any kind or nature. If Tenant shall give notice of its exercise of each such option to extend in accordance with Subsection the manner and within the time period provided aforesaid, the Term shall be extended upon the giving of such notice without the requirement of any further attention on the part of either Landlord or Tenant. Landlord hereby reserves the right, exercisable by Landlord in its sole discretion, to waive (ein writing) belowany or all conditions precedent to Tenant’s exercise of any such option, which conditions are set forth in clauses (a) and (b) above. After If Tenant shall fail to give timely notice of the applicable Fair Market Rent has been so determinedexercise of any such option as aforesaid, Tenant may exercise each Option shall have no right to Extend by giving Landlord written notice (extend the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or time being of the preceding Extension Period, as essence of the case may be, whichever is earlierforegoing provisions. If Tenant fails Failure to timely give either exercise the Inquiry Notice first such option shall terminate Tenant’s right to exercise the second such option. Any assignment by Tenant of its interest under this Lease or any subleasing of all or any part of the Exercise Notice Premises (other than a subletting of a portion of the Premises consented to by Landlord with respect pursuant to Article VI) or any Option termination of this Lease Agreement shall terminate the rights hereby granted Tenant. Any subletting of the Premises will not transfer to Extend, at the sole election sublessee any of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderthe rights granted hereby.

Appears in 1 contract

Samples: Lease Agreement (Aspen Technology Inc /De/)

Options to Extend. (a) Tenant shall have the right and option to extend the Term for two (2) options to extend the Term of this Lease additional periods (the "Options to Extend") for successive periods of ten (10) years each (the "each, an “Extension Periods"Term”), subject to in the case of the first Extension Term, commencing the day after the expiration of the Initial Term, and ending on the terms set forth herein. fifth anniversary of the expiration of the Initial Term, and in the case of the second Extension Term, commencing the day after the expiration of the first Extension Term and ending on the fifth anniversary of the expiration of the first Extension Term, provided that Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice of Tenant’s exercise of each such option no more than eighteen (the "Inquiry Notice"18) of such desire not later months and no less than twenty-one fifteen (2115) months prior to the expiration of the Initial then current Term, and provided further that Tenant shall not be in default at the time of giving such notice or at the commencement of the Extension Term in the performance or observance of any of the terms and provisions of this Lease on the part of the Tenant to be performed or the preceding Extension Period, as the case may beobserved. Thereafter, the Fair Market Rent Landlord shall deliver to Tenant at least thirty (as defined in Subsection 30) days and no more than sixty (b60) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written days a reminder notice (the "Exercise Notice") of its election right to do so not later than extend the Term hereunder, provided that any delay in delivery of such notice after the sixteenth (x16th) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months month prior to the expiration of the then current term shall result in a corresponding delay in all dates under this Article XV. Prior to the exercise by Tenant of the first such option, the expression “Term” shall mean the Initial Term, and after the exercise by Tenant of the subsequent option, the expression “Term” shall mean the Term as it has been then extended. All of the terms, covenants, conditions, provisions and agreements in this Lease contained shall be applicable to the then Extended Term, except as hereinafter set forth. If Tenant shall give notice of its exercise of this option to extend in the manner and within the time period provided aforesaid, the Term shall be extended upon the giving of such notice without the requirement of any further action on the part of either Landlord or Tenant. If Tenant shall fail to give timely notice of the exercise of any such option as aforesaid, Tenant shall have no right to extend the Term of this Lease, or time being of the preceding essence of the foregoing provisions. It is a condition of the exercise of the second Extension PeriodTerm that Tenant shall have exercised its option for the first Extension Term. The Annual Basic Rent Rate payable during each Extension Term shall be the greater of (a) the Annual Basic Rent Rate for the last year of the Initial Term, as in the case may beof the first Extension Term, whichever is earlier. If Tenant fails to timely give and for the last year of the first Extension Term, in the case of the second Extension Term, or (b) the Fair Market Rent determined in accordance with Section 15.1 above, increased in the case of either (a) or (b) by Fair Market Rent step increases as determined in accordance with Section 15.1 above, on each anniversary of the Inquiry Notice or extension of the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderTerm.

Appears in 1 contract

Samples: Lease Agreement (Abington Bancorp Inc)

Options to Extend. (a) Provided that, at the time of giving notice of exercise or at the commencement of the First or Second Option Term, as applicable, no Event of Default or Inchoate Default has occurred which is continuing, Tenant shall have the right and option to extend the term of this Lease for two (2) options to extend the Term of this Lease (the "Options to Extend") for successive additional periods of ten five (105) years each upon the same terms and conditions herein applicable to the Base Term, except for the amount of the Annual Base Rent, the first option being referred to herein as the “First Option,” the second option being referred to herein as the “Second Option,” and the First Option and Second Option being referred to herein, individually, as an “Option” and collectively, as the “Options.” In the event that, at the time of giving notice of exercise or at the commencement of the First or Second Option Term, as applicable, an Inchoate Default has occurred which is continuing, Landlord shall provide Tenant with written notice thereof, Tenant shall have sixty (60) days to cure such Inchoate Default following such written notice, the "Extension Periods")applicable Option will not expire during such sixty (60) day period so long as Tenant is diligently pursuing such cure and, subject in the event such Inchoate Default is cured within such sixty (60) day period or Landlord waives in writing the obligation of Tenant to cure such Inchoate Default as a condition to the effectiveness of the exercise of the Option within such sixty (60) day period, the Option shall be deemed to have been timely exercised. The five (5) year period for which the term is extended in the event the First Option is exercised is referred to herein as the “First Option Term”, and on the terms set forth herein. five (5) year period for which the term is extended in the event the Second Option is exercised is referred to herein as the “Second Option Term.” Tenant may only shall exercise the Options First Option, if at all, by giving written notice to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire exercise not later less than twenty-one nine (219) months and not more than twelve (12) months prior to the expiration of the Initial Term of this Lease or Base Term, and Tenant shall exercise the preceding Extension PeriodSecond Option, as the case may be. Thereafterif at all, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice to Landlord of such exercise not less than nine (the "Exercise Notice"9) of its election to do so months and not later more than twelve (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (1812) months prior to the expiration of the Initial Term of this Lease, or First Option Term. At Tenant’s request during the three-month periods described in the preceding Extension Periodsentence, Landlord shall, by the later of (a) thirty (30) days after such request and (b) ten (10) months before the commencement of the First or Second Option Term, as applicable, provide Tenant with a written notice setting forth Landlord’s estimate of the case Fair Market Rental for the Premises (as described in Section 5.3 hereof). The Second Option may be, whichever be exercised only if the First Option is earlierexercised. An exercise of an Option shall be irrevocable. If Tenant fails to timely give either written notice of the Inquiry Notice or exercise of the Exercise Notice to Landlord with respect to any applicable Option to Extendwithin the time provided above, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereundershall automatically terminate, time being of the essence.

Appears in 1 contract

Samples: Lease Agreement (Dj Orthopedics Inc)

Options to Extend. (a) Landlord hereby grants to Tenant shall have two (2) options to extend (“Option(s) to Extend”) the Term for the Premises for an additional twenty-five (25) years per extended option term (“Option Term(s)”), upon each and all of the terms and conditions of this Lease (the "Options to Extend") for successive periods as amended below; provided, however, Tenant is not in default of ten (10) years each (the "Extension Periods"), subject to and this Lease on the terms set forth hereindate of exercise of the Option to Extend and has not been in default of this Lease more than two (2) times during the Term, as extended. Tenant may only shall give to Landlord written notice on or prior to twelve (12) months before expiration of the then current Term or first Option Term of the exercise of the Option to Extend for such Option Term, time being of the essence. The Term as defined in Paragraph 2 hereof shall also include any Options to Extend with respect to the entire Premises (including the Expansion Spaces)properly exercised hereunder. If Tenant notice of exercise of any Option to Extend is not timely given, all further Options to Extend shall desire to exercise automatically expire. The Base Rent for either Option Term shall be equal to Extend, it shall give Landlord a notice ninety-five percent (the "Inquiry Notice"95%) of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) established at the beginning of each Option Term, provided that the Base Rent shall not be less than the Base Rent then in effect at the end of the current Term, as extended. The rent for the applicable Extension Period Option Terms shall consist of Base Rent (including any increases as set forth in Paragraph 3.1), Tenant’s Share of Project Expenses pursuant to Paragraph 5, and any other charges under this Lease. The Options to Extend are personal to Tenant and may not be determined assigned without Landlord’s written consent which may be withheld in accordance with Subsection its sole discretion. Landlord and Tenant shall use their best good faith efforts to agree upon the fair market Base Rent for the Premises (e“Market Rent”). If Landlord and Tenant fail to reach agreement after fifteen (15) below. After business days following Tenant’s written notice of the applicable Fair Market Rent has been so determined, Tenant may exercise each of the Option to Extend for such Option Term (“Market Rent Negotiation Period”), then each party shall make a separate determination of the Market Rent which shall be submitted to the other party. Either party’s failure to timely submit its determination of Market Rent to the other party shall be deemed acceptance of the submitting party’s determination of Market Rent. If Landlord’s submitted Market Rent is less than or equal to three percent (3%) greater than Tenant’s submitted Market Rent, the Market Rent shall be deemed to be the average of Landlord’s and Tenant’s submitted Market Rent. If Landlord’s submitted Market Rent is more than three percent (3%) greater than Tenant’s submitted Market Rent, each party’s submitted Market Rent shall be submitted to arbitration prior to ten (10) business days following the selection of arbitrators as set forth below. Landlord and Tenant shall each appoint, prior to ten (10) days after the end of the Market Rent Negotiation Period, one arbitrator who shall by giving Landlord written notice profession be a current real estate broker or appraiser of comparable commercial properties in the immediate vicinity of the Project, and who has been active in such field over the last five (5) years. The determination of the "Exercise Notice"arbitrators shall be limited solely to the issue of whether Landlord’s or Tenant’s submitted Market Rent is the closest to the actual Market Rent as determined by the arbitrators (i.e., the arbitrators may only select Landlord’s or Tenant’s determination of Market Rent and shall not be entitled to make a compromise determination). The two (2) of its election arbitrators so appointed shall prior to do so not later than five (x5) business days after the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months of the appointment of the last appointed arbitrator agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification of the initial two arbitrators. The three arbitrators shall prior to fifteen (15) days after the expiration appointment of the Initial Term third arbitrator reach a decision as to whether the parties shall use Landlord’s or Tenant’s submitted Market Rent, and shall notify Landlord and Tenant thereof. The decision of this Lease, or the preceding Extension Period, as majority of the case may be, whichever is earlierthree (3) arbitrators shall be binding upon Landlord and Tenant. If either Landlord or Tenant fails to timely give either appoint an arbitrator prior to ten (10) days after the Inquiry Notice or end of the Exercise Notice to Market Rent Negotiation Period, the arbitrator appointed by one of them shall reach a decision, notify Landlord with respect to any Option to Extendand Tenant thereof, at the sole election of Landlord, Tenant and such arbitrator’s decision shall be conclusively deemed binding upon Landlord and Tenant. If the two (2) arbitrators fail to have waived such Option agree upon and appoint a third (3rd) arbitrator, or both parties fail to Extend hereunderappoint an arbitrator, then the appointment of the third arbitrator or any arbitrator shall be dismissed and the matter to be decided shall be forthwith submitted to arbitration under the provisions of the American Arbitration Association. The cost of arbitration shall be paid by Landlord and Tenant equally.

Appears in 1 contract

Samples: Lease Agreement (Elio Motors, Inc.)

Options to Extend. (a) 2.4.1 Tenant shall have the right to extend the Lease Term (each an “Option to Extend”) for two (2) options five-year periods (each an “Extended Term”), provided Tenant is not in Default at the time of exercise and at the time the Extended Term commences of any of the terms, covenants and conditions of the Lease and has provided Landlord with written notice of its intention to extend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one twelve (2112) months nor earlier than fifteen (15) months prior to the expiration of the Initial Lease Term. The right to extend for the second Extended Term shall be of this Lease no force or effect if the preceding Extension Period, as Option to Extend for the case may befirst Extended Term has not been validly exercised. Thereafter, The Base Rent during each Extended Term shall be the Fair Market Rent fair market rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection Premises. Within thirty (e30) below. After the applicable Fair Market Rent has been so determined, Tenant may days of Tenant’s exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election Landlord shall notify Tenant in writing of Landlord’s determination of fair market rent and the Base Rent proposed during the applicable Extended Term. The Base Year for the applicable Extended Term shall be changed to the calendar year during which the applicable Extended Term commences (or the following calendar year if the Extended Term commences in the last quarter of a calendar year), and fair market rent shall take that change into account. If Tenant does not agree with Landlord’s proposal, Tenant shall so notify Landlord in writing within thirty (30) days after receipt of the proposal from Landlord. In the event that Landlord and Tenant are unable to agree in writing upon fair market rent within fifteen (15) days after Tenant shall have notified Landlord in writing that Tenant disagrees with such determination, then within five (5) days after the expiration of such 15-day period, the parties shall deliver to each other concurrently at a mutually agreeable place and time their respective final written estimates of fair market rent (including applicable annual increases). If each party’s estimate of fair market rent is the same, then the fair market rent shall equal such estimate. If both parties’ final estimates of fair market rent are within a ten percent (10%) range of the higher final estimate, then fair market rent shall equal the average of the two (2) final estimates. In every other case, fair market rent, based on the two (2) final estimates, shall be conclusively deemed determined by arbitration as provided below in Section 2.4.2. Should the determination of fair market rent not be completed or agreed upon prior to have waived the commencement of an Extended Term, Tenant shall, commencing on the first (1st) day of the applicable Extended Term, and continuing until the fair market rent is determined under Section 2.4.2, pay as Base Rent commencing on the first (1st) day of the applicable Extended Term, an amount equal to Landlord’s final determination of the fair market rent. If after the fair market rent is determined under Section 2.4.2, the fair market rent is less than the amount of Base Rent previously paid by Tenant for the Premises for the applicable Extended Term, Landlord shall pay the difference to Tenant within thirty (30) days after the date of such Option determination, with interest thereon calculated from the date of each payment of such Base Rent by Tenant at the rate of six percent (6%) per annum; and, if after determination of fair market rent, the fair market rent is more than the amount of Base Rent previously paid Tenant for the Premises for the applicable Extended Term, Tenant shall pay the difference to Extend hereunder.Landlord within thirty (30) days after the date of such determination, with interest thereon calculated from the date of each payment of such Base Rent by Tenant at the rate of six percent (6%) per annum. [SAN XXXXXX CORPORATE CENTER]

Appears in 1 contract

Samples: Lease (Biomarin Pharmaceutical Inc)

Options to Extend. (a) Tenant shall have two (2) options to extend the Term of this Lease (the "Options to Extend") for successive periods of ten five (105) years each (the "Extension Periods"), subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces)Premises. If Tenant shall desire to exercise either any Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one twelve (2112) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. be Thereafter, the Fair Market Rent (as defined in Subsection (bc) below) for the applicable Extension Period shall be determined in accordance with Subsection (ed) below. After the applicable Fair Market Rent has been so determined, Tenant may shall exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than nine (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (189) months prior to the expiration of the Initial Term of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.

Appears in 1 contract

Samples: Lease (Millennium Pharmaceuticals Inc)

Options to Extend. (a) Tenant Live Nation shall have two (2) options to extend the Term of this Lease (the "Options to Extend") Term, in each instance, for successive periods a period of ten (10) additional years each (the "each, an “Extension Periods"Period”), subject to and on upon the terms and conditions set forth hereinherein (each, an “Option”). Tenant may only In the event Live Nation elects to exercise an Option to extend the Term, Live Nation shall deliver to City written notice of its intent to exercise the Options to Extend with respect Option in the manner set forth in Section 25.4 which requires a copy of the notice be sent to the entire Premises City Attorney (including the Expansion Spacesan “Option Exercise Notice”). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice at least one hundred eighty (the "Inquiry Notice"180) of such desire not later than twenty-one (21) months days prior to the expiration of the Initial Term Term. If an Event of Default of Live Nation under this Lease Agreement is outstanding either at the time of Live Nation’s delivery of an Option Exercise Notice or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months at any time prior to the expiration first day of an Extension Period (or if any event shall have occurred which with the giving of notice or the passage of time or both would constitute an Event of Default, any such event a “Pre-Default Event”)), then City may elect by delivering written notice to Live Nation within fifteen (15) Business Days after (i) Live Nation’s delivery of an Option Exercise Notice, or (ii) the occurrence of the Initial Term Pre-Default Event (as applicable), to reject Live Nation’s exercise of its Option to extend, whereupon the extension shall be null and void unless Live Nation subsequently cures the Event of Default or Pre-Default Event (as applicable) within the number of days thereafter permitted under this Agreement for cure of the Event of Default or Pre-Default Event (as applicable) at issue. If Live Nation elects to exercise an Option, the term “Term” as used herein shall include the respective Extension Period and all terms and conditions of this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails Agreement shall continue to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderapply.

Appears in 1 contract

Samples: Design, Construction, and Operation Agreement

Options to Extend. (a) Tenant shall have two four (24) successive options (the "EXTENSION OPTION(S)") to renew and extend the Term of this Lease (the "Options to Extend") for successive additional consecutive periods of ten five (105) years each (the each, an "Extension PeriodsEXTENDED TERM"), subject to and on the terms set forth herein. The Extension Options shall be exercised by Tenant may only exercise the Options to Extend with respect to the entire Premises giving Landlord written notice thereof at least six (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (216) months prior to the expiration end of the Initial initial Term of this Lease or the preceding Extension Periodprevious Extended Term, as the case may be. Thereafter; PROVIDED, that Tenant's Extension Option(s) will not in any event expire from failure to exercise the Fair Market Rent same if Landlord does not give or has not given an "Exercise Deadline Notice" (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below). After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord An "EXERCISE DEADLINE NOTICE" is a written notice (given to Tenant at any time within the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration last year of the Initial Lease Term stating as follows: "Pursuant to your Lease at Northlake, Illinois, you as Tenant have until [state deadline date that is 6 months before end of the current term] or until ten (10) business days after receipt of this letter, whichever is later, to exercise your option to extend the Lease Term for an additional 5 year term and FAILURE TO DO SO WILL RESULT IN THE LOSS OF YOUR EXTENSION OPTION(S) IN THE LEASE. NOTICE OF EXERCISE OF SUCH OPTIONS MAY BE GIVEN BY YOU AT ANY TIME AFTER YOUR RECEIPT OF THIS NOTICE, BUT MUST BE DELIVERED TO US BY SUCH DEADLINE DATE TO OUR ADDRESS FOR NOTICES UNDER THIS LEASE, WHICH IS AS FOLLOWS: [state then current address for notices]." During the Extended Term(s), except as expressly provided in this Lease, or the preceding Extension Period, as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election all terms and conditions of Landlord, Tenant this Lease shall be conclusively deemed to have waived such Option to Extend hereunderremain unamended and in full force and effect.

Appears in 1 contract

Samples: Purchase Agreement (Aei Real Estate Fund Xviii Limited Partnership)

Options to Extend. (a) Landlord hereby grants Tenant shall have two (2) options to extend the Term of this Lease beyond the initial Term. Each option shall be for five (5) year each. Each extension of the "Options to Extend") Term of this Lease for successive periods of ten (10) years each (the "Extension Periods"), subject to Option Period shall be upon the same terms and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect conditions as those herein specified as applicable to the entire Premises (including initial Term of this Lease except that Minimum Monthly Rent shall be at the Expansion Spaces)then fair market value. If Tenant shall desire elects to exercise either Option to Extendthe Option, it shall give Tenant must do so by giving Landlord a written notice (the "Inquiry Notice") of such desire election not later more than twenty-one eighteen (2118) months and not less than six (6) months prior to the expiration of the Initial then Term of this Lease. A condition precedent to the effective exercise of each Option to extend the Term shall be that Tenant shall not be in material default hereunder (or would be in default but for the passage of time or the giving of notice, or both) either at the time of giving notice of Xxxxxx's election to exercise an Option or on the effective date of the beginning of the applicable Option Period or at any time between such dates. If Tenant properly gives notice of exercise of an Option hereunder and the conditions thereto are satisfied, then the Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) shall be extended for the applicable Extension additional Option Period covered by the Option which is exercised. The Options granted herein are personal to the original Tenant named herein and may not be transferred or assigned, whether separate from or as an incident to an assignment or other transfer of Xxxxxx's interest under this Lease. Any attempted assignment or transfer of any Option shall be determined cause the Option in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determinedquestion to automatically cease and terminate and, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to in such event, this Section 10.12 or (y) eighteen (18) months prior to Lease shall terminate upon the expiration of the Initial Term then applicable Term. This limitation on transfer of this Leasethe option does not apply, however, to an assignment of the lease, with option, to a successor entity to Tenant following acquisition or the preceding Extension Period, merger. (as the case may be, whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunderper paragraph 21).

Appears in 1 contract

Samples: Lease (Community Bancorp Inc)

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