Common use of Options to Extend Clause in Contracts

Options to Extend. Provided (i) Tenant is not in default after any applicable notice and cure period under any of the terms, covenants or conditions of this Lease or of the Phase 1 Lease and (ii) Tenant and/or its Permitted Assignees are occupying or conducting business from at least 200,000 rentable square feet of the Total Premises, and subject to the terms and conditions set forth hereafter, Tenant is hereby granted the option to extend the term of this Lease for the Premises (as constituted as of the commencement date of any Option Period) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separately. Tenant shall notify Landlord in writing of Tenant’s exercise of its option to extend the Lease no less than 360 days prior to the then existing Lease expiration date. This Lease shall be extended for a period of five years commencing upon the day after the then expiring Lease term and shall expire five years later. The monthly Base Rent during the extended term shall be as set forth in Paragraph 2C1 below. This option to extend can be exercised by Tenant for its use of the Premises (including any permitted subtenants and affiliates) and may be transferred or assigned to any subtenant, assignee or other party.

Appears in 1 contract

Samples: Lease Agreement (Intuit Inc)

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Options to Extend. Provided Landlord hereby grants Tenant options (i"Options") Tenant is not in default after any applicable notice and cure period under any of the terms, covenants or conditions of this Lease or of the Phase 1 Lease and (ii) Tenant and/or its Permitted Assignees are occupying or conducting business from at least 200,000 rentable square feet of the Total Premises, and subject ----------------- to the terms and conditions set forth hereafter, Tenant is hereby granted the option to further extend the term of this the Lease for three (3) additional five-year periods commencing on the fifteenth (15th), twentieth (20th) and twenty-fifth (25th) anniversaries of the Commencement Date ("Option Periods"). All of the terms and provisions of the Lease shall apply to Tenant's use and occupancy of the Premises (as constituted as of during the commencement date of any Option Period) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separately. Tenant shall notify Landlord in writing of Tenant’s exercise of its option to extend Periods, except that the Lease no less than 360 days prior to the then existing Lease expiration date. This Lease shall be extended for a period of five years commencing upon the day after the then expiring Lease term and shall expire five years later. The monthly Base Rent during the extended term Option Periods shall be as set forth in Paragraph 2C1 34.2 below. This option Tenant may exercise an Option only by written notice to extend can be exercised by Tenant for its use Landlord delivered not less than nine (9) months and not more than twelve (12) months prior to the commencement of the corresponding Option Period. Within ten (10) business days after Tenant's request therefor (but not sooner than the first day on which Tenant may exercise any Option), Landlord and Tenant shall each disclose to the other their respective good faith estimates of the amount of Base Rent which, pursuant to Paragraph 34.2 below, would be charged to Tenant during the Option Period in question. If the term of this Lease is not extended for any Option Period, then Tenant shall have no right to exercise any subsequent Option or to occupy the Premises (including during any permitted subtenants and affiliates) and subsequent Option Period. Tenant may be transferred or assigned to not exercise any subtenant, assignee or other partyOption at any time in which Tenant is in default under the Lease.

Appears in 1 contract

Samples: Construction Agreement (Smart & Final Inc/De)

Options to Extend. Provided (iNotwithstanding the provisions of Section 2(a) Tenant to the contrary and provided Subtenant is not in default after any applicable notice and cure period under any this Sublease at the time of the termsexercise thereof or at the time of its occupancy pursuant thereto, covenants or conditions Subtenant shall have an aggregate of three (3) options to extend this Sublease (each, an "Option to Extend") as to the Sublease Premises. Subtenant shall have two (2) consecutive Options to Extend with respect to the 9360 Premises for an additional six (6) month period each. Subtenant shall have one (1) Option to Extend with respect to the 9390 Premises for an additional three (3) month period. Each Option to Extend shall be exercisable by Subtenant upon delivery of prior written notice (the "Exercise Notice") thereof to Sublandlord. Each Exercise Notice shall be given not later than ninety (90) days prior to the then-expiration of the Term applicable to the relevant portion of the Sublease Premises. In the event Subtenant shall exercise an Option to Extend pursuant to the provisions set forth herein, the Term of this Lease or Sublease shall be extended by the period applicable to such Option to Extend and the Sublease Expiration Date as to such portion of the Phase 1 Lease and (ii) Tenant and/or its Permitted Assignees are occupying or conducting business from at least 200,000 rentable square feet Sublease Premises shall be deemed to be the expiration date of the Total Premises, and subject to such extended Term of this Sublease. Such extended Term shall be on all the terms and conditions set forth hereafter, Tenant is hereby granted the option to extend the term of this Lease for Sublease, as applicable, including the Premises (as constituted as rental rate applicable to the portion of the commencement date of any Sublease Premises for which occupancy is so extended. As to the 9360 Premises, Subtenant shall have exercised the first Option Period) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separately. Tenant shall notify Landlord in writing of Tenant’s to Extend as a condition to its exercise of its option the second Option to extend the Lease no less than 360 days prior to the then existing Lease expiration date. This Lease shall be extended for a period of five years commencing upon the day after the then expiring Lease term and shall expire five years later. The monthly Base Rent during the extended term shall be as set forth in Paragraph 2C1 below. This option to extend can be exercised by Tenant for its use of the Premises (including any permitted subtenants and affiliates) and may be transferred or assigned to any subtenant, assignee or other partyExtend.

Appears in 1 contract

Samples: 30 Sublease Agreement (Amylin Pharmaceuticals Inc)

Options to Extend. Provided (i) that Tenant is not in default after any applicable notice and cure period under any hereunder on the date of the terms, covenants Notice to Extend (as hereinafter defined) or conditions of this Lease or on the Expiration Date and on each such date shall be in occupancy of the Phase 1 Lease and (ii) Tenant and/or its Permitted Assignees are occupying or conducting business from at least 200,000 rentable square feet of the Total entire Demised Premises, and subject Tenant shall have the right to extend the Term for two (2) three (3) year renewal terms (the "EXTENSION TERMS"), upon the same terms and conditions set forth hereafteras are herein provided, Tenant is hereby granted except that (a) Fixed Rent during the option to extend Extension Term(s) shall be at the term of this Lease annual Fair Market Rent (as hereinafter defined) for the Demised Premises for such Extension Term, (as constituted as of the commencement date of any Option Periodb) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separately. Tenant shall notify Landlord in writing of Tenant’s exercise of its have no option to extend the Lease no less than 360 days prior to beyond the then existing Lease expiration date. This Lease of the final Extension Term, and (c) the Demised Premises shall be extended for a period of five years commencing upon delivered in their existing condition (on an "as is" basis") at the day after the then expiring Lease term and time such Extension Term commences. Such right shall expire five years later. The monthly Base Rent during the extended term shall be as set forth in Paragraph 2C1 below. This option to extend can be exercised by Tenant for its use by giving written notice (the "NOTICE TO EXTEND") to Landlord at least nine (9) months prior to the Expiration Date of the Premises (including Term or Extended Term(s). Time shall be of the essence for the exercise of such option. Tenant shall have no further right to extend or renew the Lease. The extension options set forth in this Section 5 are personal to United Stationers Supply Co., and shall not inure to the benefit of any permitted subtenants and affiliates) and may be transferred or assigned to any subtenant, assignee or other third party.

Appears in 1 contract

Samples: Industrial Lease (United Stationers Inc)

Options to Extend. Provided (i) If Tenant is not then in default after any applicable notice and cure period under any of the terms, covenants or conditions terms and provisions of this Lease or of the Phase 1 Lease and (ii) Tenant and/or its Permitted Assignees are occupying or conducting business from at least 200,000 rentable square feet of the Total Premises, and subject to the terms and conditions set forth hereafterLease, Tenant is hereby granted shall have the option to extend the term of this Lease for an additional term (sometimes in this Lease referred to as the Premises (as constituted as "first additional term") of two years, from and after the expiration of the commencement date initial term of any Option Period) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separatelythe Lease. In order to exercise such option, Tenant shall notify provide Landlord in writing with advance written notice of Tenant’s 's intent to exercise option no less than 120 days prior to the expiration of the initial term of the Lease. In the event that Tenant fails to provide such notice to Landlord as provided herein, such option shall lapse and shall be rendered null and void. In the event that Tenant exercises its option to extend this Lease as provided herein, such extension shall be on the same terms and conditions as their initial term of this Lease, except that the amount of the rent for such extension shall be determined in the manner provided under Paragraph 5B below. If Tenant exercises its first option to extend the term of this Lease, Tenant is not then in default under any of the terms and provisions of this Lease, and Tenant shall have the option to further extend the term of the Lease no less than 360 for a second additional term (sometimes in this Lease referred to as the "second additional terms) of two (2) years, from and after the expiration of the first additional term of this Lease, upon the giving of written notice of the exercise of such option to Landlord at least one hundred twenty (120) days prior to the then existing Lease expiration dateof the first additional term of the Lease. This Lease Said second extension shall be extended for a period on the same terms and conditions as the basic term with the exception of five years commencing upon the day after the then expiring Lease term and shall expire five years later. The monthly Base Rent during the extended term rent which shall be as set forth determined in the manner provided under Paragraph 2C1 below. This option to extend can be exercised by Tenant for its use of the Premises (including any permitted subtenants and affiliates) and may be transferred or assigned to any subtenant, assignee or other party.5B.

Appears in 1 contract

Samples: Lease Agreement (Imagemax Inc)

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Options to Extend. Provided (i) Tenant is not in default after any applicable notice and cure period under any of the terms, covenants or conditions of this Lease or of the Phase 1 Lease and (ii) Tenant and/or its Permitted Assignees are occupying or conducting business from at least 200,000 rentable square feet of the Total Premises, and subject to the terms and conditions set forth hereafter, Tenant is hereby granted shall have the option to extend the term Term for ----------------- three (3) periods of five (5) years each, to follow consecutively after the Term, so long as Tenant is not in default, beyond any applicable cure periods, of any of the material provisions of this Lease commencing at the time of the exercise of any of the options hereunder and for the Premises period of time continuing to the expiration of the Term or the then existing Extended Term. Such options shall be exercised by notice from Tenant to Landlord given not less than nine (9) months prior to the expiration of the Term or the then existing Extended Term and upon the giving of such notice, the Lease and the Term hereof shall automatically be extended for an additional period of five (5) years without the necessity for the execution of any other instrument in confirmation thereof except for a document memorializing the Annual Fixed Rent (as constituted as of hereinafter defined) for the commencement date of Extended Term. Except for any Option Period) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separately. Tenant shall notify Landlord in writing of Tenant’s exercise of its option to extend which has theretofore been exercised and the rent payable during any such extension period, which shall be determined in the manner provided in Section 4.1.1 below, such extension shall be upon all the same terms, conditions and provisions herein contained. References in this Lease no less than 360 days prior to the then existing Lease expiration date. This Lease Term hereof shall be extended deemed to include any Extended Term for a period of five years commencing upon which the day after the then expiring Lease original term and shall expire five years later. The monthly Base Rent during the extended term shall be as set forth in Paragraph 2C1 below. This option to extend can be exercised by Tenant for its use of the Premises (including any permitted subtenants and affiliates) and may be transferred or assigned to any subtenant, assignee or other partyso extended.

Appears in 1 contract

Samples: Lease Agreement (Organogenesis Inc)

Options to Extend. Provided Landlord hereby grants to Tenant two (i2) options to extend (“Option(s) to Extend”) the Term for the Premises for an additional five (5) years per extended option term (“Option Term(s)”), upon each and all of the terms and conditions of this Lease as amended below; provided, however, Tenant is not in default after any applicable notice and cure period under any of the terms, covenants or conditions of this Lease or on the date of exercise of the Phase 1 Lease Option to Extend and has not been in monetary default of this Lease, for more than thirty (ii30) days, more than three (3) times during the Term, as extended. Tenant and/or its Permitted Assignees are occupying shall give to Landlord written notice on or conducting business from at least 200,000 rentable square feet prior to 180 eighty (180) days before expiration of the Total Premises, and subject to the terms and conditions set forth hereafter, Tenant is hereby granted the option to extend the term of this Lease for the Premises (as constituted as then current Term or first Option Term of the commencement date exercise of the Option(s) 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 properly exercised hereunder. If notice of exercise of any Option Period) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separately. Tenant to Extend is not timely given, all further Options to Extend shall notify Landlord in writing of Tenant’s exercise of its option to extend the Lease no less than 360 days prior to the then existing Lease expiration date. This Lease shall be extended for a period of five years commencing upon the day after the then expiring Lease term and shall expire five years laterautomatically expire. The monthly rent for the Option Terms shall consist of Base Rent during the extended term shall be as set forth in Paragraph 2C1 below3.1 herein, Tenant’s Share of Project Expenses pursuant to Paragraph 5, and any other charges under this Lease. This option The Options to extend can be exercised by Extend are personal to Tenant for its use of the Premises (including any permitted subtenants and affiliates) and may not be transferred or assigned without Landlord’s written consent which may be withheld in its sole discretion, except that Tenant’s Affiliate(s), if any, shall have Tenant’s rights to any subtenant, assignee or other partysuch Options to Extend.

Appears in 1 contract

Samples: Lease Agreement (Truck Hero, Inc.)

Options to Extend. Provided (i) Tenant is not in default after any applicable notice and cure period under any of the terms, covenants or conditions of this Lease or of the Phase 1 2 Lease and (ii) Tenant and/or its Permitted Assignees are occupying or conducting business from at least 200,000 rentable square feet of the Total Premises, and subject to the terms and conditions set forth hereafter, Tenant is hereby granted the option to extend the term of this Lease for the Premises (as constituted as of the commencement date of any Option Period) leased hereunder for two consecutive five year periods (individually “Option Period”) which must be exercised separately. Tenant shall notify Landlord in writing of Tenant’s exercise of its option to extend the Lease no less than 360 days prior to the then existing Lease expiration date. This Lease shall be extended for a period of five years commencing upon the day after the then expiring Lease term and shall expire five years later. The monthly Base Rent during the extended term shall be as set forth in Paragraph 2C1 below. This option to extend can be exercised by Tenant for its use of the Premises (including any permitted subtenants and affiliates) and may be transferred or assigned to any subtenant, assignee or other party.

Appears in 1 contract

Samples: Lease Agreement (Intuit Inc)

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