Common use of Renewal Options Clause in Contracts

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant shall have the option to extend the Initial Term of this Lease perpetually, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days prior to the expiration of the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.”

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

AutoNDA by SimpleDocs

Renewal Options. Provided that Tenant is not in default under this hereby granted three (3) five (5)-year options to renew the Lease (each option, a “Renewal Option”, and each renewal term, a “Renewal Term”), with each Renewal Term to commence immediately upon the expiration of the Extension Term, or then-current Renewal Term, as applicable, upon the same terms and conditions of the Lease, Tenant as amended hereby, except Base Rent during the Renewal Terms shall have the option to extend the Initial Term of this Lease perpetually, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenantbe as set forth in Section 3 below. Tenant shall exercise its option to renew by giving give Landlord written notice not less than 90 of Xxxxxx’s exercise of a Renewal Option at least ninety (90) days prior to the expiration of the Initial Extension Term or then-current Renewal Term, as applicable (such notice, a “Renewal Notice”). Notwithstanding the foregoing or anything in the Lease to the contrary, should Tenant fail to timely provide a Renewal Term then Notice, Landlord will notify Tenant in effect as writing that it has missed the case may bedeadline and Tenant shall have ten (10) days after receipt of such notice from Landlord to provide Landlord with a Renewal Notice. If Tenant fails to exercise its options in the time periods or in the manner provided hereinprovide such Renewal Notice to Landlord within such ten (10)-day period, such options shall Tenant’s Renewal Option (and any future Renewal Option) will be terminated and Tenant will be deemed to have lapsed, terminated and shall be of no further force or effect without waived its Renewal Option. The Renewal Options herein provided replace any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and or extend the Lease previously granted to Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide under the notice of exercise of such renewal whichLease, if then timely provided, shall be deemed an effective renewal of this Lease. All including without limitation those granted at Section 2.d of the terms Lease; any such previously granted option to renew or extend is null and conditions of this Lease shall remain in full force and effect during void. Tenant’s right to exercise any Renewal Term(s). If Option is subject to the condition that, on the date that Tenant exercises delivers its options as set forth hereinRenewal Notice, Tenant is not in default under the Termination Date shall be Lease beyond the last day expiration of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term any applicable period of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Termnotice and cure.

Appears in 1 contract

Samples: Lease (Natural Grocers by Vitamin Cottage, Inc.)

Renewal Options. Provided that If Xxxxxx has not committed an Event of Default at any time during the Term, and the Tenant is not originally named in default under this Lease, Tenant shall have the option to extend the Initial Term of this Lease perpetually(i.e., Senti Biosciences, Inc.)(“Original Tenant”) is occupying the entire Premises at the time of such election, the Original Tenant only may renew this Lease for renewal term(stwo (2) additional periods of one five (15) year each (years each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord delivering irrevocable written notice of the exercise thereof to Landlord not less earlier than 90 days prior to twelve (12) months nor later than nine (9) months before the expiration of the Initial then-current Term. The Base Rent payable for each month during such extended Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day prevailing rental rate (the “Prevailing Rental Rate”), at the commencement of such extended Term, for renewals of space in the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s)Building or Complex, if applicable, of equivalent quality, size, utility and location, with the length of the extended Term and the credit standing of Tenant to be taken into account. Within thirty (30) days after receipt of Xxxxxx’s notice to renew, Landlord shall hereinafter be referred deliver to Tenant written notice of the Prevailing Rental Rate and shall advise Tenant of the required adjustment to Base Rent, if any, and the other terms and conditions offered. Tenant shall, within ten (10) days after receipt of Landlord’s notice, notify Landlord in writing whether Xxxxxx accepts or rejects Xxxxxxxx’s determination of the Prevailing Rental Rate. If Tenant timely notifies Landlord that Xxxxxx accepts Landlord’s determination of the Prevailing Rental Rate, then, on or before the commencement date of the extended Term, Landlord and Tenant shall execute an amendment to this Lease extending the Term on the same terms provided in this Lease, except as the "Term.”follows:

Appears in 1 contract

Samples: Lease Agreement (Senti Biosciences, Inc.)

Renewal Options. Provided that Tenant (a) As long as Lessee is not in uncured default in the performance of its covenants under this Leaselease of which Lessor has given Lessee written notice, Tenant shall have Lessee is hereby granted the option to extend renew the Initial Term term of this Lease perpetually, lease for renewal term(s) of one (1) year each additional period of five (each5) years, a the "Renewal Term") upon written mutual agreement " to commence at the expiration of both Landlord and Tenantthe initial term of this lease. Tenant Lessee shall exercise its option to renew by giving Landlord as follows: Lessee shall deliver written notice not less than 90 days to Lessor at least six (6) months prior to the expiration of the Initial Term or current term of this lease that Lessee may exercise its renewal option. Within thirty (30) days of Lessor's receipt of Lessee's written notice, Lessor shall notify Lessee in writing of the Market Base Rental Rate (hereinafter defined) that Lessee shall pay during such renewal term. Within forty five (45) days after receipt of such written notice from Lessor, Lessee shall, if it elects, deliver written notice to Lessor of its election to exercise its renewal option hereunder. If Lessee does not respond within such forty five (45) day period, Lessee's right to renew hereunder shall terminate. All terms of this lease shall apply to such renewal option, except (i) the Base Rental (hereinafter defined) during the Renewal Term shall be the then in effect as the case may be. If Tenant fails to exercise its options in prevailing Market Base Rental Rate at the time periods or in Lessee exercises the manner provided hereinrespective renewal option, such options (ii) Lessee shall be deemed to not have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide this lease beyond the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day expiration of the Renewal Term, (iii) Lessee shall not have the right to assign its renewal rights to any sublessee or assignee of the Premises nor may a sublessee or assignee exercise such renewal right, and (iv) the leasehold improvements will be provided in their then existing condition (i.e. on an "as-is" basis) at the time the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Termcommences.

Appears in 1 contract

Samples: Lease Agreement (Tanknology Environmental Inc /Tx/)

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant shall have the option to extend the Initial Term of this Lease perpetually, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days prior to the expiration of the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term."

Appears in 1 contract

Samples: Agreement of Lease

Renewal Options. Landlord hereby grants to Tenant the right and option to extend the term of this Lease [the "Renewal Option(s)"] with respect to all or a portion of the Leased Premises in excess of ninety thousand (90,000) RSF [provided, however, the Leased Premises shall at no time be less than ninety thousand (90,000) RSF nor, absent Landlord's consent to the contrary, shall the space remaining available within the Building for lease to others be non-contiguous or less than one-half of one floor within the Building (and said remaining space shall have reasonable access from and to the Building and the Building's common areas)], for two (2) five (5) year terms (the "First Five Year Renewal Term" and the "Second Five Year Renewal Term"). Provided that Tenant is not then in default under the terms of this LeaseLease beyond any applicable period(s) of notice and/or cure at the time it exercises a Renewal Option, Tenant shall have the option right to extend the Initial exercise its First Five Year Renewal Term of this Lease perpetuallyand if exercised, for renewal term(s) of one (1) year each (each, a "its Second Five Year Renewal Term") , upon written mutual agreement the giving of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days twelve (12) months advance written notice to Landlord prior to the expiration of the Initial then existing Lease Term. The Renewal Term(s) shall be upon the same terms and conditions contained in this Lease for the initial Lease Term or except that the Base Rent for each Renewal Term shall be adjusted as in SECTION 2.02 hereof provided for the portion of the Premises subject to the Renewal Term then in effect as the case may beOption. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options Time shall be deemed to have lapsed, terminated and be of the essence in the giving of notices hereby required. Failure of Tenant to timely give any notice required hereby to be given shall be deemed a waiver by Tenant of no further force or effect without any further action or notice required on its option to extend this Lease as in this Section provided. In the part event Tenant elects to extend the term of Landlord; this Lease during either Renewal Term for only a portion of the Leased Premises, then Tenant's Rent during the applicable Renewal Term(s) shall be determined by multiplying the rental rate determined as in SECTION 2.02 provided (95% of Effective Market Base Rent Rate) times the RSF contained in such portion of the Leased Premises and Tenant's Additional Rent and other monetary obligations hereunder shall be equitably adjusted in proportion to the RSF contained within the then Leased Premises as compared to the RSF of the Building. In other words, Tenant shall be obligated to pay only its prorata share of Additional Rents (as hereinafter defined), including, but not limited to Real Estate Taxes, Assessments, utilities and other similar items which are payable by Tenant hereunder and Tenant's maintenance obligations and all other obligations hereunder shall be equitably apportioned in the ratio that the then Leased Premises bears to the total RSF of the Building. In the event Tenant takes less than all of the space in the Building as hereinbefore provided, however, before such termination becomes effective, Landlord shall first make pay all Real Estate Taxes, Assessments, utilities and other similar items and shall bear all maintenance and other obligations as provided herein with respect to the portions of the Building which are not then a good faith effort to notify Tenant part of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "TermLeased Premises.

Appears in 1 contract

Samples: Office Lease (Express Scripts Inc)

Renewal Options. Provided that Tenant (a) Subject to the conditions hereinafter set forth and provided this Lease is not then in default under this Leaseeffect, Tenant shall have the option right to extend renew the Initial Term term of this Lease perpetually, for two (2) consecutive renewal term(sterms of five (5) of one (1) year years each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew ), by giving Landlord delivering written notice not less than 90 (the "Renewal Notice") to Landlord of its exercise of such right at least one hundred eighty (180) days prior to before the expiration end of the Initial Original Term or the any Renewal Term then in effect Term, as the case may be. Subject to the terms of this Lease set forth below, the first such Renewal Term shall begin upon the expiration of the Original Term and the second Renewal Term shall begin upon the expiration of the first Renewal Term. All of the terms, provisions and covenants of this Lease shall apply to each Renewal Term except that Basic Rent for each Renewal Term shall be established as provided in paragraph (b) below. Tenant shall have no right to exercise any option under this Section 3.03 if any Event of Default (as hereinafter defined) exists at the time of electing a renewal option or at the time any Renewal Term would commence. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or give timely notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option intention to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of , the terms and conditions Term of this Lease shall remain in full force expire on the scheduled expiration date, and effect during any Renewal Term(s)Tenant shall have no further option to renew this Lease. If Tenant exercises its options as set forth hereindoes not exercise any such option in a timely manner, then Landlord shall have the Termination Date shall be right during the last day remainder of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease to advertise the availability of the Premises for sale or lease. In this Lease the phrases "term of this Lease, as extended by ," "term hereof," "Lease Term," and "Term" mean the Original Term and any Renewal Term(s), if applicable, shall hereinafter be referred Term that may become effective pursuant to as the "Termthis Section 3.03.

Appears in 1 contract

Samples: Lease (Residential Healthcare Properties Inc)

Renewal Options. Provided that Tenant is not in default under this Lease, 25.01 Tenant shall have the option (the "First Renewal Option") to extend the Initial Term term of this Lease perpetually, for renewal term(s) of one an additional period (1) year each (each, a "First Renewal Term") of ten (10) years commencing on the day immediately succeeding the Expiration Date, and terminating on the tenth anniversary of the Expiration Date. The First Renewal option must be exercised by written notice ("First Renewal Notice") sent by Tenant to Landlord by certified or registered mail, return receipt requested, not later than eighteen (18) months prior to the Expiration Date. Any termination, cancellation or surrender of Tenant's interest in this Lease during the original term hereof shall terminate Tenant's right to exercise the First Renewal Option. Tenant's right to exercise the First Renewal Option shall not apply upon written the occurrence and/or during the continuance of an Event of Default on the part of Tenant hereunder. Upon delivery of the First Renewal Notice by Tenant in accordance with the terms hereof, this Lease shall thereupon be deemed renewed for the First Renewal Term with the same force and effect as if the First Renewal Term had originally been included in the term of this Lease, and this Lease, as extended, shall be upon the same terms, covenants and conditions as are contained herein, except that (i) the amount of Fixed Rent payable during the First Renewal Term (with respect to the entire Demised Premises, inclusive of the Additional Space) shall be equal to the higher of (a) the amount determined by mutual agreement of both Landlord the parties hereto at least four (4) months prior to the commencement of the First Renewal Term or by appraisal as hereinafter provided and Tenant(b) the amount of Fixed Rent (inclusive of rent payable for all Additional Space) payable during the last year of the original term of this Lease (the "Prior Fixed Rent"), and shall be payable as provided below and (ii) the number of renewal terms shall be reduced from two (2) to one (1), which remaining renewal term is described and defined below as the "Second Renewal Term". Tenant In addition, any default or Event of Default that has occurred and that shall exercise its option be continuing as of the expiration of the original term of this Lease shall continue to renew by giving Landlord written notice not less than 90 days constitute a default or Event of Default upon the commencement of the First Renewal Term. If the parties hereto fail to agree upon the amount of Fixed Rent payable during the First Renewal Term (with respect to the entire Demised Premises, inclusive of the Additional Space) at least four (4) months prior to the expiration of the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal original term of this Lease. All , the Fixed Rent shall be the amount determined by appraisal in accordance with the provisions of Section 25.04 hereof to be the fair market rental value of the Demised Premises (inclusive of the Additional Space), such fair market rental value to be determined on the basis of (a) the use being made of the Demised Premises at the date hereof or (b) the use being made of the Demised Premises immediately prior to the expiration of the original term of this Lease, whichever yields the higher value, and considering the terms and conditions of this Lease Lease; provided, however, that in no event shall remain in full force the Fixed Rent during the First Renewal Term be less than the Prior Fixed Rent. The amount of Rent payable during the First Renewal Term shall thereafter be increased after the expiration of five (5) lease years from and effect during any after the date of the commencement of the First Renewal Term(s). If Tenant exercises its options as set forth hereinTerm, by the Termination Date CPI Adjustment; provided, however, that for purposes of making such calculation the Base Year shall be deemed to be the last day lease year of the original term and such adjustment shall be made with reference to the then expiring lease year (which new Rent shall be payable on an annual basis for the remaining five (5) lease year period until expiration of the First Renewal Term then Term). In no event shall the Fixed Rent be reduced pursuant to the provisions of this paragraph. Upon Tenant's exercise of its option to extend the term of this Lease for the First Renewal Term, Landlord and Tenant, upon demand by either party, shall execute and deliver an instrument in effectrecordable form, unless sooner terminated as provided herein. The Initial Term setting forth the new expiration date of the term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.

Appears in 1 contract

Samples: Sports Club Co Inc

Renewal Options. Provided that If this Lease shall not have been terminated pursuant to any provision hereof, and provided there shall then exist no Event of Default under this Lease or event or condition which, with the lapse of the applicable grace period (unless Tenant is not in default using and continues to use until completion, diligent and good faith efforts to correct such event or condition), would mature into an Event of Default under this Lease, Tenant shall have the option to extend the Initial Term of renew this Lease perpetually, (the "Renewal Option") for renewal term(stwo (2) additional terms of one five (15) year years each (each, a each an "Renewal Extended Term") ), upon written mutual agreement the same terms and conditions as in the initial Lease Term except that the Base Rent for the renewal term shall be a mutually agreed upon negotiated rental rate. The Renewal Option must be for all of both the Premises leased by Tenant on the date that Tenant gives notice to Landlord and Tenantof its exercixx xx the Renewal Option. Tenant shall exercise its option to renew by giving give Landlord written notice not less than 90 days nine (9) months or more than twelve (12) months notice of Tenant's intent to renew prior to the expiration of the Initial Term or the Renewal Term then in effect as the case may beapplicabxx xxxm. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any either Renewal Term(s). If Tenant exercises its options as set forth hereinOption is exercised, the Termination Expiration Date shall be mean the last day of the renewed Lease Term. Landlord shall not provide any tenant improvement work or allowance for any exercised Renewal Term then in effect, unless sooner terminated as provided hereinOption. Tenant shall not be entitled to exercise its second Renewal Option if Tenant has not exercised its First Renewal Option. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, Base Year for each renewal term shall hereinafter be referred to as the "Termcalendar year in which such renewal term first commences.

Appears in 1 contract

Samples: Office Lease (Continucare Corp)

Renewal Options. Provided that Tenant is not Upon the expiration of the Term as set forth in default under this LeaseArticle 1(c), Tenant shall have the right and option to extend the Initial Term at its election for either 1 – 10 year term or 3 – 5 year terms, such election to be made by Tenant in Tenant’s written notice of this Lease perpetually, for renewal term(s) exercise of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord the first option period. The right and Tenant. Tenant shall exercise its option to renew extend the term of the Lease shall be subject to and contingent upon the conditions set forth hereinafter. Tenant’s right and option to extend the Term shall be exercisable by Tenant giving Landlord written notice not less than 90 days of the exercise of the right and option to Landlord at least 12 months prior to the expiration of the Initial Term or Term. In the Renewal Term then in effect as the case may be. If event Tenant fails to give written notice of its intent to exercise its any option as provided above, all of Tenant’s right and options in to extend the time periods or in the manner provided herein, such options Term shall be deemed to have lapsed, terminated been waived by Tenant and shall be of no further force or effect without any further action effect. In the event Tenant exercises its right and option(s) in accordance with the provisions hereof, the Term shall be extended accordingly (subject to Tenant’s rescission right as set forth below), and all the references contained in the Lease to the Term, whether by number of years or notice required on the part number of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely providedmonths, shall be deemed an effective renewal construed to refer to the original term of this the Lease, as extended, whether or not specific reference is made thereto in the Lease. All of Unless otherwise expressly provided to the terms contrary, the extended Term shall be upon the same terms, conditions, and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options covenants as set forth herein, in the Termination Date Lease except that there shall be no further right or option to extend the last day term of the Renewal Term then in effectLease after the 10 year option term or after the third 5 year option term, unless sooner terminated as provided hereinthe case may be. The Initial time within which the option(s) must be exercised and the reply times in this Section 33 are hereby made of the essence. The right and option(s) to extend the Lease Term shall be subject to and contingent upon each and every one of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.”following conditions:

Appears in 1 contract

Samples: Lease Agreement (Realogy Corp)

Renewal Options. Provided that 41.01 Tenant is not hereby granted two (2) options (each, an "Extension Option," and collectively, the "Extension Options,") to extend the Lease Term for an additional term of five (5) years (each, an "Extension Term" and collectively, the "Extension Terms") each beginning on the day after expiration of the Initial Lease Term or the first Extension Term, as the case may be, and expiring on the date five (5) years thereafter (unless terminated sooner pursuant to any other terms or provisions of the Lease), on all of the same terms and conditions as set forth in default under this the Lease, Tenant shall have the but at an adjusted Base Monthly Rent as set forth in Section 41.02 below (and without any additional option to extend the Lease Term after the expiration of the second Extension Term). The Extension Options may be exercised by Tenant only by delivery of written notice of such exercise (the "Extension Notice") to Landlord, which Extension Notice must be received by Landlord at least one hundred eighty (180) days before the expiration of the Initial Term of Lease Term, or the first Extension Term, as applicable. If Tenant fails to timely deliver the Extension Notice, or if this Lease perpetually, for renewal term(s) is terminated pursuant to any of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days other terms or provisions prior to the expiration of the Initial Lease Term or the Renewal Term then in effect first Extension Term, as the case may be, all remaining Extension Options shall lapse, and Tenant shall have no right to extend or further extend the Lease Term. If Each Extension Option shall be exercisable by Tenant fails to exercise its options in on the express conditions that (1) at the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant delivery of Tenant's failure Extension Notice and at all times thereafter and prior to timely exercise an option to renew and the commencement of the applicable Extension Term, Tenant shall then have fifteen days from receipt not be in default under this Lease, (2) Tenant has not previously been in default (whether or not such default has been timely cured) under this Lease on more than three (3) occasions during the Lease Term, and (3) Tenant has not Transferred all or any portion of Landlord's notice within which its interest under this Lease, it being understood that the Extension Options are personal to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of original named Tenant under this Lease. All After exercise of each Extension Option by Tenant in accordance with the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth hereinforegoing provisions, the Termination Date Tenant's obligation to renew shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended irrevocable by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "TermTenant.

Appears in 1 contract

Samples: United Stationers Supply Co

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant shall have the option right to renew and extend the Initial Term term of this Lease perpetually, for renewal term(s) of one the Renewal Terms (1) year each (each, a "Renewal Term"herein so called) upon written mutual agreement and subject to the following terms and conditions: Tenant may extend this Lease for two (2) Renewal Terms of both Landlord and five (5) years each by Tenant. Tenant shall exercise its option to renew by 's giving Landlord written notice not a Renewal Notice no less than 90 days nine (9) months prior to the expiration of the Initial Term initial term or the immediately preceding Renewal Term then in effect Term, as applicable. Such Renewal Term(s) shall commence immediately upon the case may beexpiration of the initial term or subsequent Renewal Term, and upon exercise of each renewal option the expiration date of the term shall automatically become the last day of the applicable Renewal Term(s). If Tenant fails does not renew the Lease in a timely manner for the Renewal Term(s), then Tenant's rights with respect to all successive Renewal Term(s) shall expire and be of no further force and effect. The exercise its options in by Tenant of the time periods renewal option(s) set forth herein must be made, if at all, by delivery of the Renewal Notice to Landlord on or in before the manner provided hereindates set forth above. Once Tenant shall exercise such renewal option(s), Tenant may not thereafter revoke such exercise. At Landlord's election, Tenant's renewal options shall be deemed to have lapsed, terminated terminate and shall be of no further force or effect without if (i) an Event of Default exists under the Lease at the time Tenant attempts to exercise its renewal option, (ii) Tenant defaults under any further action provision of the Lease after exercising its renewal option and such default continues beyond any applicable cure period provided in the Lease, (iii) at any time during the Term of the Lease, as extended, Tenant assigns the Lease to a third party, or notice required on (iv) at the part time Tenant attempts to exercise its renewal option, Tenant has subleased or has demonstrated an intention to sublease thirty percent (30%) or more of Landlordthe Premises to an unrelated third party. Tenant shall take the Premises "as is" for the Renewal Term(s) and Landlord shall have no obligation to make any improvements or alterations to same; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew comply with its repair and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options maintenance obligations as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.

Appears in 1 contract

Samples: And Attornment Agreement (Ace Hardware Corp)

Renewal Options. Provided that Tenant has paid Landlord all Rent and other amounts owed under this Lease and is not otherwise in default under this Leaseof any obligation of Tenant hereunder, Tenant shall have the option Renewal Options set forth in Section 1.01(g) (the periods set forth therein being referred to extend the Initial Term of this Lease perpetuallyas “Renewal Term(s)”). Each Renewal Option shall be exercised, for renewal term(s) of one (1) year each (eachif at all, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. by Tenant shall exercise its option to renew by giving Landlord written notice thereof to Landlord not less than 90 one hundred eighty (180) days prior to the expiration end of the Initial Term or the then current Renewal Term then in effect as (e.g., the case may beFirst Renewal Option shall be exercised by Tenant delivering notice to Landlord on or before November 1, 2016 and the Second Renewal Option shall be exercised by Tenant delivering notice to Landlord on or before November 1, 2021). If In the event Tenant fails to deliver a notice of renewal by such date(s), Tenant’s right to renew for each Renewal Term shall continue for a period of ten (10) business days after Tenant’s receipt of written notice from Landlord advising Tenant of its failure to exercise its options in the then applicable Renewal Option. In the event Tenant continues to fail to exercise such Renewal Option within the additional time periods or in the manner provided hereinperiod, such options Renewal Option and all successive Renewal Options, if any, shall be deemed to have lapsed, terminated terminate and shall be of no further force or effect without effect. In the event Tenant exercises either or both of its Renewal Options, the respective duties of Landlord and Tenant shall be the same as provided in this lease for the initial Term, except that Base Rent during the Renewal Term(s) shall be as provided in Section 1.01(i), and nothing contained in this Lease shall be construed as providing Tenant with any further action additional Renewal Options beyond the periods provided for herein. In the event Tenant exercises either or notice required on both of its Renewal Options, the part definition of “Term” shall automatically be amended to include such Renewal Terms. Tenant’s failure to exercise any Renewal Option shall cause all successive Renewal Options, if any, to be forfeited. Further, it is expressly acknowledged and agreed that all Renewal Options granted under this Lease are personal to the person or entity named as Tenant hereunder and that such Renewal Options shall terminate upon any assignment or subletting of Tenant’s interest hereunder and shall not inure to the benefit of any successor, assignee or subtenant of Tenant, except those approved in writing by Landlord and those expressly permitted pursuant to Section 9.01 below. In the event Tenant exercises the First Renewal Option, Tenant shall be entitled to a renovation allowance of $2.00 per square foot for Landlord-approved improvements to the Premises made in the first two (2) years of the First Renewal Term; provided, howeverthat such renovation allowance shall be taken into consideration when the Fair Market Rent determination is made with such amortized over the length of the First Renewal Term and passed through to Tenant on a yearly basis in the same amount that is capitalized or amortized in such year by Landlord. Landlord shall provide notice to Tenant of its determination of the Fair Market Rental within sixty (60) days after Tenant exercises its right to extend the Term. Within ten (10) days after receiving such determination (“Tenant’s Review Period”), before Tenant shall irrevocably elect, in writing, to do one of the following: (i) accept Landlord’s determination, or (ii) object to Landlord’s determination and with such termination becomes effectiveobjection set forth Tenant’s determination of the Fair Market Rental. If Tenant so objects, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which use good faith to provide the notice of exercise of agree upon such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "TermFair Market Rental.

Appears in 1 contract

Samples: Lease Agreement (Bare Escentuals Inc)

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant The Lessee shall have the option right to renew and extend the Initial Term term of this Lease perpetuallyAgreement for the Renewal Terms as hereinafter provided, subject to the following terms and conditions: The Lessee may extend this Lease Agreement for four (4) Renewal Terms of five (5) years each by the Lessee giving the Lessor notice, in writing, of its intent to exercise such renewal term(s) of one option (1) year each (eacha “Renewal Notice”), a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not no less than 90 days six (6) months prior to the expiration of the Initial Lease Term or the immediately preceding Renewal Term, as applicable. Such Renewal Term(s) shall commence immediately upon the expiration of the Lease Term then in effect or the preceding Renewal Term, and upon exercise of each renewal option the expiration date of the term shall automatically become the last day of the applicable Renewal Term. The exercise by the Lessee of the renewal option(s) set forth herein must be made, if at all, by delivery of a Renewal Notice to the Lessor on or before the dates set forth-above. Once the Lessee has exercised any such renewal option, the Lessee may not thereafter revoke the exercise of such option. At the Lessor’s election, the Lessee’s rights to Renewal Terms as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options under this Section shall be deemed to have lapsed, terminated terminate and shall be of no further force or effect without if (i) an Event of Default exists under the Lease Agreement at the time the Lessee attempts to exercise its renewal option, or (ii) the Lessee defaults under any further action or notice required provision of the Lease Agreement after exercising its renewal option and such default continues beyond any applicable period provided in this Lease Agreement. Rent for each year under the Renewal Terms shall be at the per square foot rate equal to the “Fair Market Rate.” The Fair Market Rate shall be agreed upon by Lessor and the Lessee within fifteen (15) calendar days of the date on which the Lessee exercised its renewal option. In the event the parties are unable to timely agree on the part of Landlord; providedFair Market Rate, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, dispute shall be deemed an effective renewal of this Leaseresolved by arbitration pursuant to Article XII. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options Except as set forth herein, the Termination Date leasing of the Expanded Campus for the Renewal Term(s) shall be upon the last day of same terms and conditions as are applicable for the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by initial term and any subsequent Renewal Term(s), if applicable, and shall hereinafter be referred upon and subject to as all of the "Termprovisions of this Lease Agreement.

Appears in 1 contract

Samples: Lease Agreement (Coldwater Creek Inc)

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant shall have two (2) options to renew (each a “Renewal Option”) the option to extend the Initial Term term of this Lease perpetuallyfor five (5) years each. The first Renewal Option, for renewal term(s) of one (1) year each (eachif exercised at all, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew be exercised by giving Landlord written notice to Landlord given not less than 90 days six (6) months prior to the expiration of the Initial Term or fifth (5th) Lease Year (time being of the essence). The second Renewal Term then in effect as Option, if exercised at all, shall be exercised by written notice to Landlord given not less than six (6) months prior to the case may beexpiration of the tenth (10th) Lease Year (time being of the essence). If Notwithstanding the foregoing, if Tenant fails to exercise its a Renewal Option as aforesaid, then Tenant shall have no options in to extend the time periods or in Term, unless otherwise agreed to by Landlord. All references to the manner provided herein“Term” of this Lease shall, such options unless the context shall clearly indicate a different meaning, be deemed to have lapsedinclude any extension of the Term (the “Renewal Term”) resulting from Tenant’s valid exercise of a Renewal Option. If Tenant exercises a Renewal Option, terminated and then the parties shall be continue to perform all of no further force or effect without any further action or notice required on their respective obligations under this Lease during the part of LandlordRenewal Term applicable to such Renewal Option; provided, however, before that during each Renewal Term: (a) the Base Rent for the first Lease Year of such termination becomes effective, Landlord Renewal Term shall be increased to an amount one hundred two and one half percent (102.5%) of the Base Rent payable during the immediately preceding Lease Year; (b) the Base Rent for each succeeding Lease Year of such Renewal Term (after the first make a good faith effort year) shall be increased to notify Tenant an amount one hundred two and one half percent (102.5%) of Tenant's failure to timely exercise an option to renew the Base Rent payable during the immediately preceding Lease Year; and (c) Tenant shall then have fifteen days from receipt of Landlord's notice within which continue to provide pay the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms Tax and conditions of this Lease shall remain Operating Expense Rent as provided in full force and effect Article IV (Rent) below during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.

Appears in 1 contract

Samples: Lease Agreement (1847 Goedeker Inc.)

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant shall have two separate options (the option "Renewal Options") to extend the Initial Term term of this Lease perpetually, for renewal term(sa period of three (3) of one (1) year each years (each, a "Renewal Term") upon written mutual agreement ). No Renewal Option shall be effective if Tenant is in default under any of both Landlord and Tenantthe terms or conditions of this Lease, either at the time of exercise of the Renewal Option or the time of commencement of the applicable Renewal Term, unless such default is cured prior to the expiration of any applicable cure period. Tenant shall exercise its option to renew The first Renewal Option must be exercised, if at all, by giving Landlord written notice from Tenant to Landlord given not more than fifteen (15) months nor less than 90 days twelve (12) months prior to the expiration of the Initial Term or initial term of this Lease and the second Renewal Option must be exercised, if at all, by written notice from Tenant to Landlord given not more than fifteen (15) nor less than twelve (12) months prior to the expiration of the first Renewal Term. Such notice given by Tenant to Landlord shall be irrevocable. The Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on upon the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the same terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth hereinthe original term, except that the Termination Date shall be annual Base Rent applicable beginning upon the last day commencement of the Renewal Term shall be equal to the Renewal Rate, determined as provided in Exhibit E attached hereto, which in any event shall not be less than the annual Base Rent payable (without consideration of any rental abatement in connection with damage or destruction) as of the lease year immediately preceding the applicable Renewal Term (provided that, to the extent applicable, any rental abatement then in effect, unless sooner terminated as provided herein. The Initial Term of this Leaseeffect shall continue, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as during the "Renewal Term).

Appears in 1 contract

Samples: Genencor International Inc

Renewal Options. 40.01 (a) Provided that this lease shall be in full force and effect on the Expiration Date without default on the part of Tenant is not in default under this Leasehereunder beyond the expiration of notice and any grace period, Tenant shall have the option to extend the Initial Term of this Lease perpetually, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days prior to the expiration of the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "1st Renewal Option") to renew this lease for a renewal term (hereinafter referred to as the "1st Renewal Term") of five (5) years, to commence on the Expiration Date (hereinafter referred to as the "1st Renewal Term Commencement Date") and to expire five (5) years thereafter (herein referred to as the "1st Renewal Term Expiration Date"). Tenant shall exercise the 1st Renewal Option by sending a written notice thereof (which notice is hereinafter referred to as the "1st Renewal Notice") to Landlord by certified mail, return receipt requested, not less than twelve (12) months prior to the Expiration Date. If Tenant shall send the 1st Renewal Notice within the time and in the manner hereinbefore provided, this lease shall be deemed renewed for the 1st Renewal Term upon the terms, covenants and conditions hereinafter contained. If Tenant shall fail to send the 1st Renewal Notice within the time and in the manner hereinbefore provided, the 1st Renewal Option shall cease and terminate, and Tenant shall have no further option to renew this lease.

Appears in 1 contract

Samples: Original Number (Credit Suisse First Boston Usa Inc)

Renewal Options. Provided that Tenant is Sublandlord does not in seek to retain the Premises for its own use (i.e., for Sublandlord's own use and occupancy for a substantial period and not for the purpose of assigning the Prime Lease or subletting or licensing the Prime Lease premises), and no event of default shall have occurred and be continuing under this LeaseSublease, Tenant Subtenant shall have the option right to renew the term of this Sublease for one renewal term of ten years (but not to extend beyond the Initial Term term of this Lease perpetually, for renewal term(sthe Prime Lease) of one (1) year each (each, a the "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less (the "Renewal Notice") to Sublandlord no later than 90 120 days prior to the expiration of the Initial term of this Sublease. The Renewal Notice shall constitute an extension of the initial Term or of this Sublease and shall be upon all of the same terms and conditions as the initial Term, except that (i) there shall be no further option to renew the Term of this Sublease in the Renewal Term, (ii) the Fixed Rent for the Renewal Term then in effect shall be payable at a rate per annum equal to the fair market rental value of the Premises as of the case may befirst day of the Renewal Term, and (iii) there shall be no free rent period or Sublandlord contribution during any renewal term. If Tenant fails During the Renewal Term, all Additional Rent that Subtenant is obligated to exercise its options in pay under this Sublease during the time periods or in initial Term hereof shall continue without interruption, it being the manner provided herein, such options intention of the parties hereto that the Renewal Term shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the a part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant and continuation of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal initial Term of this LeaseSublease. All If Subtenant has given the Renewal Notice in accordance with this paragraph, the parties shall endeavor to agree upon the fair market rental value of the terms and conditions Premises, as of this Lease shall remain in full force and effect during any the commencement date of the Renewal Term(s)Term. If Tenant exercises its options as set forth herein, In the Termination Date shall be event that the last parties are unable to agree upon the fair market value for the Renewal Term within sixty days prior to the first day of the Renewal Term then in effectthe same shall be determined by two senior officers of recognized New York City leasing brokerage firms, unless sooner terminated as provided hereinone to be selected and paid for by Sublandlord and one to be selected and paid for by Subtenant. The Initial officers selected by the parties shall have at least 10 years experience in (i) the leasing of office space in the Borough of Manhattan, City of New York or (ii) the appraisal of first class office buildings in the Borough of Manhattan, City of New York. The determination of the parties so selected shall be in writing and shall be final and conclusive on Sublandlord and Subtenant. If such officers are unable to agree on such fair market rental value, they shall select another officer who shall have the same qualifications as are set forth in this paragraph and the determination of a majority of such officers shall be binding upon Sublandlord and Subtenant. If, as of the commencement date of the Renewal Term, the amount of the Fixed Rent payable during the Renewal Term in accordance with this Article shall not have been determined, then, pending such determination, Subtenant shall pay Fixed Rent equal to the Fixed Rent payable pursuant to Article 5 of this LeaseSublease in respect of the last year of the initial term of this Sublease. After the final determination of the Fixed Rent payable for the Renewal Term, the parties promptly and appropriately shall adjust rental payments theretofore made during the Renewal Term and shall execute a written agreement specifying the amount of the Fixed Rent as extended by any so determined. Any failure of the parties to execute such written agreement shall not affect the validity of the Fixed Rent as so determined. If it shall be determined that the fair market Fixed Rent during the Renewal Term(s)Term is greater than Subtenant had been paying up to the date of the final determination, if applicableSubtenant shall immediately remit to Sublandlord the difference between the Fixed Rent paid during the Renewal Term and the fair market Fixed Rent as so determined, together with interest at the rate of 10% per annum to Sublandlord. If the amount Subtenant had been paying is more than the fair market Fixed Rent as so determined, Sublandlord shall hereinafter be referred immediately remit such difference to as Subtenant, together with interest at the "Termrate of 10% per annum or at Subtenant's option shall offset it against Rental next coming due. It is an express condition of the option granted to Subtenant pursuant to the terms of this Article that time is of the essence with respect to Subtenant's exercise of such option within the period above provided.

Appears in 1 contract

Samples: Agreement of Sublease (Getty Images Inc)

Renewal Options. Provided that Landlord hereby grants Tenant is not in default under two (2) options to renew this Lease, Tenant shall have the each option to extend the Initial Term be for a period of this Lease perpetuallysixty (60) months, for renewal term(s) a total of one hundred twenty (1120) year each months in the event both renewal options are exercised. Each said renewal option shall be exercised by Tenant notifying Landlord thereof in writing not more than two hundred ten (each, a "Renewal Term"210) upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 at least one hundred eighty (180) days prior to the expiration of the Initial Term then current lease or the Renewal Term then in effect renewal term, as the case may be. If Tenant fails In the event a renewal agreement has not been executed at least one hundred twenty (120) days prior to exercise its options in the time periods expiration date of the current lease or in renewal term, the manner provided herein, option shall automatically become null and void. Each such options renewal shall be deemed subject to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All all of the terms and conditions of this Lease except that (i) the Basic Rental payable during each renewal term shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options be as set forth hereinbelow and (ii) no further renewal option shall exist during the second renewal term. It shall be a condition to Tenant’s exercising any renewal option herein granted that (y) Tenant not be then in default under this Lease and (z) Tenant shall have previously exercised the immediately preceding renewal option, if any, so that the second renewal option may not be exercised if Tenant has failed to exercise the first renewal option. The Basic Rental for each renewal term shall be based on the then prevailing rental rates for properties of equivalent quality, size, utility and location in the Dallas/Forth Worth market, with the length of the lease term and the credit worthiness of the Tenant taken into account. Upon notification from Tenant of its intent to exercise each renewal option, Landlord shall, within fifteen (15) days thereafter, notify Tenant in writing of the Basic Rental for the applicable renewal term; Tenant shall, within fifteen (15) days following receipt of same, notify Landlord in writing of the acceptance or rejection of the proposed Basic Rental. In the event of rejection by Tenant, the Termination Date Basic Rental for the applicable renewal term shall be the last day of the Renewal Term then in effect, unless sooner terminated determined as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.”follows:

Appears in 1 contract

Samples: Industrial Lease Agreement (Collegiate Pacific Inc)

Renewal Options. Provided that Tenant is (a) Tenant, at its option, may, if it has not committed an uncured Event of Default (as defined in default under this LeaseArticle 21), Tenant shall have either at the option time it gives its notice hereunder to Landlord or at the time of commencement of the respective extended term, extend the Initial Term of this Lease perpetually, for renewal term(sthe Project for up to two (2) of one additional five (15) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenantterms. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days prior Notwithstanding anything in this Lease to the expiration of the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal whichcontrary, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any the provisions of this Section 4.02 or Section 25.03(e), shall exceed twenty (20) years, Base Rent payable for each year of this Lease beyond such twenty (20) year period shall increase by two percent (2%) per annum. A schedule of Base Rent per square foot of Rentable Area for the maximum permissible Term of this Lease, including periods beyond such twenty (20) year period, is attached hereto as Exhibit "H." This Lease shall be extended effective upon (i) the expiration of the previous respective term, and (ii) Landlord's receipt of written verification that the Guarantor agrees to the exercise of such renewal options and that the Guarantor shall guarantee the obligations of the Tenant with respect thereto. Within thirty (30) days after the receipt by Landlord of Tenant's notice and Guarantor's verification, Landlord and Tenant covenant that they shall execute an agreement memorializing the exercise of the First Renewal Term(sTerm or Second Renewal Term. The first such extended term (the "FIRST RENEWAL TERM") shall commence upon the expiration date of the initial term of this Lease, expire upon the fifth (5th) anniversary of said date, and be upon the same terms, covenants and conditions as provided in this Lease for the initial term, except that the Base Rent payable during the First Renewal Term for Phase I and each Project Expansion, if any, shall be calculated in accordance with Exhibit "H." as modified by Section 5.01 (c) and Article 25. The second such extended term (the "SECOND RENEWAL TERM"), if applicableexercised by Tenant and conditioned upon Tenant's exercise of its first option to extend, shall hereinafter commence upon the expiration date of the First Renewal Term of this Lease and expire upon the fifth (5th) anniversary of said date, and be referred to upon the same terms, covenants and conditions as provided in this Lease for the initial term, except that the Base Rent payable during the Second Renewal Term for Phase I and each Project Expansion, if any, shall be calculated in accordance with Exhibit "TermH." as modified by Section 5.01(c)and Article 25.

Appears in 1 contract

Samples: Office Lease Agreement (Intuit Inc)

AutoNDA by SimpleDocs

Renewal Options. Provided that Tenant is not in default under this LeaseIf, Tenant shall have the option to extend the Initial Term of this Lease perpetually, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days immediately prior to the expiration of the Initial Term initial term of this Lease, this Lease shall be in force and effect and provided that Tenant, not less than six (6) months prior to the expiration of such term, shall have given to Landlord written notice of Tenant's desire to renew this Lease, the giving of such notice by Tenant shall be effective to renew this Lease and extend the term hereof as to the Premises and, without the necessity for execution of any further instrument by either party, for an additional two (2) lease terms of five (5) years each (the "Renewal Term(s)") from and after the expiration of said initial term. If Tenant exercises such initial renewal option, the Tenant shall have the right to renew for another five (5) year period by giving notice six (6) months prior to the expiration of the initial Renewal Term. The giving of this second notice shall also be effective to renew the Lease and further extend the term without the necessity for execution of any further instruments by either party. The Renewal Term(s) shall be on the same covenants, agreements, terms, provisions and conditions as are contained herein for the initial term except Tenant shall have no further right to extend the term of this Lease after the second Renewal Term. Base Rent for each year during the entirety of such Renewal Term(s) on the premises shall, however, be at the "Renewal Rate" (as hereinafter defined). The "Renewal Rate" for purposes of calculating Base Rent payable during such Renewal Term(s) shall be the amount equal to 95% of the then prevailing Fair Market Rent. In no event shall the total rent during any year of any Renewal Term(s) be less than the total rent paid during the prior preceding year. Landlord and Tenant will negotiate in good faith to agree on such lease rent. Ninety (90) days preceding the date prescribed for exercise of any option to extend this Lease, Landlord agrees to furnish to Tenant the proposed Renewal Rate for the appropriate Renewal Term. Tenant's Notice period shall be shortened day for day for each day Landlord fails to provide Tenant its proposed Renewal Rate. Tenant shall approve or disapprove the Renewal Term then Rate within 30 days after Tenant's receipt of Landlord's notice (Approval Period). If Tenant approves the Renewal Rate within the Approval Period (by notice to Landlord), the parties shall execute an agreement, in effect as form reasonably satisfactory to both, modifying the case may beExpiration Date, the Base Rent, the Monthly Installments of Base Rent and all other relevant matters. If Tenant fails to exercise its options in deliver the time periods extension notice as required herein or in fails to approve the manner provided hereinRenewal Rate within the Approval Period (either by notice of disapproval or by failing to give any such notice), such options then this option shall be deemed to void, Tenant shall have lapsed, terminated and shall be of no further force or effect without any further action or notice required on option to extend the part of LandlordTerm and the Term shall terminate as provided in this Lease; provided, however, before such if Tenant disapproves the Renewal Rate, Tenant can avoid termination becomes effective, of this option by giving Landlord shall first make a good faith effort notice (Appraisal Notice) within the Approval Period that Tenant elects to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide determine the notice of exercise of such renewal which, if then timely provided, Renewal Rate by appraisal. The appraisal shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options made as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.”follows:

Appears in 1 contract

Samples: Lease Agreement (Allegiant Travel CO)

Renewal Options. Provided that the Tenant is in not in default under this and has faithfully performed its obligations pursuant to the Lease, the Tenant shall have the option (the "First Renewal Option"), exercisable by notice in writing to extend be served upon the Initial Term of this Lease perpetually, for renewal term(sLandlord not later than the date falling six (6) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days months prior to the expiration of the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided hereinof this (Lease, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days this Lease for a further term of three (3) years (the "First Renewal Term") from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All expiration of the initial Term hereof upon the same terms and conditions as are contained herein (except for the provisions of D1 and D2 above, the provisions of Section 2.3, 2.4 and 2.5 of the Lease, this Lease shall remain in full force option and effect during any Minimum Rent) and at such Minimum Rent as may be negotiated and agreed upon by and between the Landlord and the Tenant within ninety (90) days following the date of the exercise of the First Renewal Term(s)Option. If the Landlord and Tenant exercises fail to reach agreement as to the amount of Minimum Rent to be paid during the First Renewal Term within the time limited aforesaid, then a single arbitrator shall determine the Minimum Rent. Such single arbitrator shall proceed to hear and determine the matter of such Minimum Rent for, accordance with provisions of the Commercial Arbitration Act, British Columbia, as amended from rime to time, on the basis of fair market rent payable with respect to similarly improved premises of similar size, quality, use and location. The arbitrator's decision shall be final and binding upon each of the parties hereto and shall not be capable of appeal or other judicial review always provided that the monthly Minimum Rent payable in the First Renewal Term shall not be less than the monthly Minimum Rent paid during the last month of the current Term. Provided that the Tenant has exercised the First Renewal Option and is not in default and has faithfully performed its options as set forth hereinobligations pursuant to the Lease, the Termination Date Tenant shall have the option (the "Second Renewal Option"), exercisable by notice in writing to be served upon the last day Landlord not later than the date falling six (6) months prior to the expiration of the First Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, to renew this Lease for a further term of .three (3) years (the "Second Renewal Term") from the expiration of the First Renewal Term upon the same terms and conditions as extended are contained in the Lease (except for the provisions of D1 and D2 above, the provisions of Section 2.3, 2.4 and 2.5 of the Lease, the First Renewal Option, this option and Minimum Rent) and at such Minimum Rent as may be negotiated and agreed upon by any and between the Landlord and the Tenant within ninety (90) days following the date of the exercise of the Second Renewal Term(sOption. If the Landlord and Tenant fail to reach agreement as to the amount of Minimum Rent to be paid during the Second Renewal Term within the time limited aforesaid, then a single arbitrator shall determine the Minimum Rent. Such single arbitrator shall proceed to hear and determine the matter of such Minimum Rent in accordance with provisions of the Commercial Arbitration Act, British Columbia, as amended from time to time, on the basis of fair market rent payable with respect to similarly improved premises of similar size, quality, use and location. The arbitrator's decision shall be final and binding upon each of the parties hereto and shall not be capable of appeal or other judicial review always provided that the monthly Minimum Rent payable in the Second Renewal Term shall not be less than the monthly Minimum Rent paid during the last month of the First Renewal Term. Dominion/Investors/Trillium Lease Xxxx & Company SCHEDULE "E" GUARANTY THIS GUARANTY is made as of this 5th day of March, 2001 by Intel Corporation ("Guarantor"), if applicableto and for the benefit of Dominion Construction Company Inc. (as to an undivided 1/4 interest) and 391102 B.C. Ltd. (as to an undivided 3/4 interest) and their respective successors and assigns as landlord ("Landlord") under that certain lease ("Lease") dated March 5, shall hereinafter be referred 2001, between the Landlord and Trillium Digital Systems Canada, Ltd., a wholly owned subsidiary of Guarantor, as tenant ('Tenant"), relating to as the certain premises ("Term.”Premises") located at 0000 Xxxxxx Xxx, Xxxxxx Way Business Park, Burnaby, B.C.

Appears in 1 contract

Samples: Sublease Agreement (Cray Inc)

Renewal Options. Provided that Tenant is not in default under this Leasein payment of Rent at the time of exercise or at the time of commencement of any of the renewal options referred to herein, Tenant shall have the option three (3) five (5) year options to extend the Initial Term of this the Lease perpetuallyafter the expiration of the original Term. To exercise each of the options, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving must give Landlord written notice of its intention to exercise the option not less than 90 days twelve (12) months prior to the expiration of the Initial original Term of the Lease or the Renewal Term then in effect as the case may beapplicable renewal Term. If Tenant fails to give twelve (12) months notice of its intention to exercise the option, and if Landlord has not committed the space to another prospect as evidenced by a signed Letter of Intent for the Demised Premises or a portion thereof, Tenant shall be entitled to elect to exercise the option on or before that day which is nine (9) months prior to the expiration of the original Term of the Lease or the then applicable renewal Term. If Tenant elects to exercise any of its renewal options in pursuant to the terms of this Paragraph, the per square foot rental for each renewal Term for the Demised Premises and any Additional Space during each renewal Term shall be the Fair Market per square foot rental rate (including any Fair Market improvement allowance) at the time periods or of the applicable renewal determined in accordance with the manner provided hereinprovisions of Exhibit III", provided, however, that in no event shall the Rent for the first renewal Term be higher than $25.00 per square foot, plus any Excess Operating Expenses to be paid by Tenant as Additional Rent pursuant to Paragraph 5. If Tenant fails to give notice as required herein of its exercise of any renewal option, then such option and all subsequent options shall be deemed to have lapsed, terminated terminate and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.

Appears in 1 contract

Samples: Wackenhut Corp

Renewal Options. Provided that Tenant is not in default under this LeaseDefault at the time of the exercise of the Renewal Option or at the commencement of the applicable Renewal Term (as defined herein) and provided that Tenant or a Permitted Transferee has continuously occupied a minimum of fifty percent (50%) of the Premises for the Permitted Use during the Term and the first Renewal Term, if applicable, Tenant or a Permitted Transferee (but not any other unrelated third party, assignee or sublessee) shall have the right and option to extend (the Initial Term of this Lease perpetually, for renewal term(s“Renewal Option”) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice the Lease for all or a portion of the Premises as then configured, but in any event not less than 90 days 60,000 rentable square feet as then configured, for two (2) separate, additional either five (5) or seven (7) year periods at the election of Tenant (each a “Renewal Term”), by written notice (“Renewal Notice”) delivered to Landlord, which notice shall specify the intended length of the applicable Renewal Term), no earlier than fifteen (15) months and no later than twelve (12) months prior to the expiration of the Initial Term Term, or the first Renewal Term then in effect Term, as the case may be. If Tenant fails to exercise its options , under the same terms, conditions and covenants contained in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, except that: (a) no abatements or other concessions, if any, applicable to the initial Term or the first Renewal Term, if applicable shall apply to the Renewal Term; (b) the Monthly Base Rent, tenant improvements and other leasing concessions shall be equal to the transaction terms for comparable office space of comparable age, type, size and quality being offered in the central business district of Denver, Colorado as extended by any of the end of the Term, or first Renewal Term(s)Term, if applicable, as determined by Landlord and Tenant as set forth hereafter (“Market Rate”); (c) Tenant shall hereinafter have no Renewal Option beyond the expiration of the final Renewal Term; (d) all leasehold improvements within the Premises shall be referred provided in their then existing condition (on an “as is” basis) at the time the applicable Renewal Term commences; and (e) monthly parking charges will reflect the then market rate effective at the time of the commencement of the applicable Renewal Term. In the event Tenant properly exercises its Renewal Option and renews the Lease for a minimum of ninety percent (90%) of the originally leased Premises, then Tenant shall retain all signage rights as described in and subject to as the "Term.”provisions of Article 12.2

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Health Grades Inc)

Renewal Options. Provided that Tenant is not in default under this hereby granted three (3) five (5)-year options to renew the Lease (each option, a “Renewal Option”, and each renewal term, a “Renewal Term”), with each Renewal Term to commence immediately upon the expiration of the Extension Term, or then-current Renewal Term, as applicable, upon the same terms and conditions of the Lease, Tenant as amended hereby, except Base Rent during the Renewal Terms shall have the option to extend the Initial Term of this Lease perpetually, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenantbe as set forth in Section 3 below. Tenant shall exercise its option to renew by giving give Landlord written notice not less than 90 of Xxxxxx’s exercise of a Renewal Option at least ninety (90) days prior to the expiration of the Initial Extension Term or then-current Renewal Term, as applicable (such notice, a “Renewal Notice”). Notwithstanding the foregoing or anything in the Lease to the contrary, should Tenant fail to timely provide a Renewal Term then Notice, Landlord will notify Tenant in effect as writing that it has missed the case may bedeadline and Tenant shall have ten (10) days after receipt of such notice from Landlord to provide Landlord with a Renewal Notice. If Tenant fails to exercise its options in the time periods or in the manner provided hereinprovide such Renewal Notice to Landlord within such ten (10)-day period, such options shall Tenant’s Renewal Option (and any future Renewal Option) will be terminated and Tenant will be deemed to have lapsed, terminated and shall be of no further force or effect without waived its Renewal Option. The Renewal Options herein provided replace any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew previously granted to Tenant under the Lease; any such previously granted option to renew is null and Tenant shall then have fifteen days from receipt of Landlord's notice within which void. Tenant’s right to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Option is subject to the condition that, on the date that Tenant exercises delivers its options as set forth hereinRenewal Notice, Tenant is not in default under the Termination Date shall be Lease beyond the last day expiration of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term any applicable period of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Termnotice and cure.

Appears in 1 contract

Samples: Commercial Lease (Natural Grocers by Vitamin Cottage, Inc.)

Renewal Options. Provided that Tenant is not in default under this LeaseIf no uncured Default then exists, Tenant shall (subject to the provisions of SECTION 10.11) have the option ("RENEWAL OPTION") to extend the Initial Term of this Lease perpetually, for renewal term(stwo (2) additional terms of one ten (110) year years each (eachindividually, a "Renewal TermRENEWAL TERM" and collectively, "RENEWAL TERMS") upon written mutual agreement on the same terms and conditions as provided herein (including, without limitation, the payment by Tenant of both Landlord all Impositions and Tenantother components of Rental) except for the amount of the Fixed Rent. Tenant shall exercise its option to renew each of the Renewal Options by giving Landlord written notice (a "RENEWAL NOTICE") of its unconditional exercise of a Renewal Option not less later than 90 days one year prior to the expiration of the Initial Term or the previous Renewal Term. Tenant's failure for any reason whatsoever, whether or not within Tenant's control, to timely deliver a Renewal Notice to Landlord shall constitute Tenant's irrevocable election not to exercise such Renewal Option and its irrevocable waiver and release thereof, and shall automatically and without any notice or any grace or cure period result in the permanent and complete expiration, lapsing and termination of such Renewal Option. The Fixed Rent payable for and in any Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed agreed to have lapsed, terminated and shall be by the parties prior to commencement of no further force or effect without any further action or notice required on the part of Landlordparticular Renewal Term; provided, however, before that if the parties are unable to reach agreement as to the amount of such termination becomes effectiveFixed Rent, the parties shall submit the matter to binding arbitration pursuant to the provisions of SECTION 45.11, provided, however, that the amount of the annual Fixed Rent payable for and in any Renewal Term shall be equal to the sum of (i) that amount which, if paid annually throughout that particular Renewal Term (without regard to any further renewals or extensions), in equal monthly installments on the first day of each month of such Renewal Term, would be sufficient fully and completely to amortize the Total Construction Cost for any buildings, improvements, rehabilitation, renovation or other work (if any) which Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew performs, constructs or installs for or in connection with such Renewal ("NEW LANDLORD IMPROVEMENTS") and Tenant shall then have fifteen days from receipt of Landlord's notice within which also to provide Landlord with a fair market return on its investment in or relating to such New Landlord Improvements, plus (ii) whichever of the following Tenant, in its discretion, specifies in its notice of exercise of such renewal whichOption (and if Tenant fails to specify either of the following in its notice of election, if then timely provided, the annual Fixed Rent shall be deemed an effective renewal of this Lease. All that specified in the following clause (A)): (A) 95% of the terms and conditions of this Lease shall remain Fair Annual Rental Amount (defined hereinbelow) for the Premises (in full force and their condition as in effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, on the Termination Date shall be the last first day of the Renewal Term then but without taking into consideration any New Landlord Improvements) as of the first day of the Renewal Term; or (B) for each year of the first five years of the Renewal Term an amount equal to 110% of the annual Fixed Rent as in effecteffect on the day immediately preceding the commencement of such Renewal Term, unless sooner terminated and for each year of the second five years of such Renewal Term an amount equal to 110% of the annual Fixed Rent as provided hereinin effect during the first five years of such Renewal Term. The Initial Term decision of this Lease, the arbitrators as extended by to the amount of the annual Fixed Rent for any Renewal Term(s)Term shall be final, conclusive and binding on the parties; provided, however, that Tenant may terminate the Lease on the expiration of the Term (or the expiration of the first Renewal Term, if applicable) by giving Landlord written notice to the effect that Tenant objects to the amount of such annual Fixed Rent and has elected to terminate the Lease as of the end of the Term (or the Final Renewal Term, shall hereinafter be referred to as the "Term.”if applicable); such notice

Appears in 1 contract

Samples: Confidentiality Agreement (Coach Inc)

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant The Lessee shall have the option right to --------------- renew and extend the Initial Term term of this Lease perpetuallyAgreement for the Renewal Terms as hereinafter provided, subject to the following terms and conditions: The Lessee may extend this Lease Agreement for four (4) Renewal Terms of five (5) years each by the Lessee giving the Lessor notice, in writing, of its intent to exercise such renewal term(s) of one option (1) year each (each, a "Renewal TermNotice") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not ), no less than 90 days six (6) months prior to the expiration of the Initial Lease Term or the immediately preceding Renewal Term, as applicable. Such Renewal Term(s) shall commence immediately upon the expiration of the Lease Term then in effect or the preceding Renewal Term, and upon exercise of each renewal option the expiration date of the term shall automatically become the last day of the applicable Renewal Term. The exercise by the Lessee of the renewal option(s) set forth herein must be made, if at all, by delivery of a Renewal Notice to the Lessor on or before the dates set forth-above. Once the Lessee has exercised any such renewal option, the Lessee may not thereafter revoke the exercise of such option. At the Lessor's election, the Lessee's rights to Renewal Terms as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options under this Section shall be deemed to have lapsed, terminated terminate and shall be of no further force or effect without if (i) an Event of Default exists under the Lease Agreement at the time the Lessee attempts to exercise its renewal option, or (ii) the Lessee defaults under any further action or notice required provision of the Lease Agreement after exercising its renewal option and such default continues beyond any applicable period provided in this Lease Agreement. Rent for each year under the Renewal Terms shall be at the per square foot rate equal to 90% of the "Fair Market Rate." The Fair Market Rate shall be agreed upon by Lessor and the Lessee within fifteen (15) calendar days of the date on which the Lessee exercised its renewal option. In the event the parties are unable to timely agree on the part of Landlord; providedFair Market Rate, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, dispute shall be deemed an effective renewal of this Leaseresolved by arbitration pursuant to Article XII. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options Except as set forth herein, the Termination Date leasing of the Campus for the Renewal Term(s) shall be upon the last day of same terms and conditions as are applicable for the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by initial term and any subsequent Renewal Term(s), if applicable, and shall hereinafter be referred upon and subject to as all of the "Termprovisions of this Lease Agreement.

Appears in 1 contract

Samples: Lease Agreement (Coldwater Creek Inc)

Renewal Options. Provided that Tenant is not in monetary default beyond any applicable notice and cure period with respect to its obligations under this Lease, Tenant shall have the option four (4) successive options to extend the Initial Term term of this Lease perpetuallyfor an additional period of five (5) years each. Each extended term shall begin upon the expiration of the then current term of this Lease upon the same terms and conditions as herein set forth, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord except as otherwise set forth immediately below in Sections 39.3.1 and Tenant39.3.2. In the event that Tenant shall elect to exercise its option to renew such renewal options, it shall do so by giving Landlord written notice of such intention, to Owner not less than 90 days nine (9) months prior to the expiration of the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal current term of this Lease. All of the terms and conditions of this Lease shall remain apply to the periods by which the term of this Lease is extended by the exercise of the renewal options. The first renewal option shall cover Lease Year 11 through Lease Year 15. The second renewal option shall cover Lease Year 16 through Lease Year 20. The third renewal option shall cover Lease Year 21 through Lease Year 25. The fourth renewal option shall cover Lease Year 26 through Lease Year 30. Succeeding renewal option may not be exercised unless the immediately preceding renewal option is exercised. Anything to the contrary contained in full force and effect during this Section 61 notwithstanding, for any Renewal Term(s). If portion of the demised premises which is 5,000 or more contiguous square feet which is sublet by Tenant exercises its options as set forth herein, at the Termination Date time the subject renewal term commences shall be deleted from the last day space which shall be renewed, and the remainder of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term demised premises shall be renewed at a rental rate proportionately reduced due to the deletion of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Termsublet space from the demised premises.

Appears in 1 contract

Samples: Office Lease (Standard Motor Products Inc)

Renewal Options. Provided that Tenant is not in default under this Subject to the provisions of the Lease, Landlord hereby grants to Tenant shall have the option options (“Extension Options”) to extend the Initial term of the Lease for two (2) successive extension terms of six (6) months each in accordance with the provisions set forth in this Section 4 (the “Extension Renewal Terms”). If the Lease Term of this is so extended, such extensions shall be on the same terms and conditions as are applicable during the initial Lease perpetuallyTerm and the Extension Terms, for renewal term(sexcept that the Base Rent during the Extension Renewal Terms shall be as follows: Lease Months Monthly Base Rent Annual Base Rent 3/1/2016 - 8/31/2016 $ 45,996.02 $ 551,952.28 9/1/2016 - 2/28/2017 $ 45,996.02 $ 551,952.28 If Tenant desires to exercise the Extension Options, it shall send notice thereof (an “Extension Notice”) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both to Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not no less than 90 two hundred seventy (270) days prior to the expiration of the Initial then current Term. Landlord and Tenant shall execute an amendment to the Lease (the “Extension Amendment”) stating the new Base Rent and expiration date of the applicable Extension Renewal Term. If the Extension Amendment is not fully executed for any reason as provided above, the Lease Term shall not be extended and the Extension Options hereunder shall terminate. Notwithstanding the foregoing, Tenant shall not be entitled to extend this Lease if an uncured event of default has occurred under any term or provision contained in the Lease or a condition exists which with the passage of time or the giving of notice, or both, would constitute an event of default pursuant to the Lease as of the date of exercise of the applicable Extension Option. The rights contained in this Section 4 shall be personal to the originally named Tenant and may be exercised only by the originally named Tenant and any Related Entity (and not any other assignee, sublessee or other transferee of Tenant’s interest in this Lease) and only if the originally named Tenant or Related Entity occupies the entire Premises as of the date it exercises the applicable Extension Option in accordance with the terms of this Section 4. If Tenant properly exercises an Extension Option and is not in default under the Lease at the end of the Extension Term, the Lease Term, as it applies to the entire Premises then leased by Tenant, shall be extended for the applicable Extension Renewal Term then in effect as the case may beTerm. If Tenant fails to deliver a timely Extension Notice, Tenant shall be considered to have elected not to exercise its options the Extension Option. Any termination of the Lease during the Extension Term shall terminate all renewal or lease extension rights hereunder. The extension rights of Tenant hereunder shall not be severable from the Lease, nor may such rights be assigned or otherwise conveyed in connection with any permitted assignment of the Lease. During any Extension Renewal Term (a) no rent abatement or other concession, if any, applicable to the initial Lease Term or previous Extension Terms shall apply to the applicable Extension Renewal Term, and (b) all leasehold improvements within the Premises shall be provided in their then-existing condition (on an “as-is” basis) at the time periods or in the manner provided herein, such options shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the applicable Extension Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Termcommences.

Appears in 1 contract

Samples: Skullcandy, Inc.

Renewal Options. Provided that Tenant is not then in default under this Leasehereunder, beyond expiration of any applicable notice and/or grace period herein provided, Tenant shall have the and is hereby granted an option ("First Option") to extend the Initial Original Term for one additional term of this Lease perpetually, for renewal term(s) of one ten years (1) year each (each, a "Renewal First Option Term") upon written mutual agreement on the same terms and conditions as herein provided. In the event that Tenant timely exercises the First Option, Tenant shall have and is hereby granted four additional consecutive options (each an "Additional Option" and together with the First Option the "Options") to extend the Term. Each Additional Option shall be for five years (each an "Additional Option Term"). The First Option may be exercised only with respect to all, but not some, of both Landlord the Properties. Each of the Additional Options may be exercised with respect to all or any combination of the Properties. Notwithstanding the foregoing, Tenant shall not have the right to exercise any Additional Option if at the time such Additional Option is otherwise exercisable, Tenant shall be in default hereunder, beyond expiration of any applicable notice and/or grace period herein provided, or any prior Option with respect to the Property has not been timely exercised. In any such event, any unexercised Option shall lapse and Tenantbe of no further force or effect. During the First Option Term, the "Base Rent" (as defined in Section 3.1 below) shall be $8,925,840.00. During each Additional Option Terms the Base Rent shall be the sum of the "Option Rent" for each Property which said Additional Option Term is applicable as such "Option Rent" for that Property is set forth on Exhibit "F" attached hereto and made a part hereof. Tenant shall exercise its option the First Option and each Additional Option by delivery to renew by giving Landlord of written notice thereof not less later than 90 730 days prior to the expiration of the Initial Original Term, First Option Term or the Renewal Term then in effect current Additional Option Term, as the case may be. If Tenant fails Notwithstanding the foregoing, Tenant's right to exercise its options in the time periods or in the manner provided herein, such options any Option shall be deemed to have lapsed, terminated and shall be of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify not terminate until ten days after receipt by Tenant of written notice from Landlord of the nonexercise by Tenant of such Option and Tenant's failure to timely elect to exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice such Option within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last ten day of the Renewal Term then in effect, unless sooner terminated as provided hereinperiod. The Initial Term of this LeaseOriginal Term, as the same may be extended from time to time by the First Option Term and any Renewal Term(s)Additional Option Term, if applicable, shall hereinafter be is sometimes referred to herein as the "Term".

Appears in 1 contract

Samples: Lease Agreement (Meyer Fred Inc)

Renewal Options. Provided that Tenant is not in default under this Lease, Renewal Options: Two (2) options of five (5) years each with six (6) months prior written notice to Landlord. In each case the base rent shall be equal to 95% of the then prevailing market rate for comparable space. (See Exhibit “F”) EXHIBIT “F” RENEWAL OPTION Tenant shall have the option to extend the Initial Term term of this Lease perpetually, for renewal term(sup to two (2) of one five (15) year each renewal term (each, a "Renewal Term") upon written mutual agreement and together with the Initial Lease Term, the (“Lease Term”), commencing on the date immediately following the expiration date of both Landlord the Lease Term, provided that, at the time of exercising such option and at the commencement of the Renewal Term, the Lease is in full force and effect and in good standing and Tenant is not in Material Default. Tenant. Tenant shall exercise its ’s option to renew extend the term of this Lease shall be exercised by Tenant giving Landlord written notice to Landlord not less later than 90 days six (6) months prior to the expiration date of commencement of such Renewal Term. Upon the Initial Term or the Renewal Term then in effect as the case may be. If Tenant fails to exercise its options in the time periods or in the manner provided hereingiving of such notice of election, such options this Lease shall be deemed to have lapsedbe renewed and the term hereof extended for the period of the Renewal Term without the need for execution of any further Lease or instrument. All terms and conditions of the Lease (except this renewal option) shall govern and apply to such Renewal Term(s), terminated including annual increases in Base Rental as provided in this Lease as hereinafter further provided. In the event that Tenant shall fail to timely deliver written notice, as herein above provided, this renewal option shall expire on a self-effectuating basis and shall be of no further force or effect without any further action effect. Base Rental for the Renewal Term shall be the Base Rental during the last year of the Initial Lease Term plus Base Rental escalation consistent with provisions of this Lease in the Initial Term or notice required on prior Term. In the part of Landlord; provided, however, before such termination becomes effective, Landlord event Tenant shall first make a good faith effort to notify Tenant of Tenant's failure fail to timely exercise an option its Renewal Option, time being specifically of the essence for the purpose of this Option, Tenant shall not be entitled to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of exercise of such renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All Term of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.”

Appears in 1 contract

Samples: Lease Agreement (Summit Financial Services Group Inc)

Renewal Options. Provided that Tenant is not in default under this Lease, Tenant shall have the option option, subject to extend the Initial requirements set forth in this Section 3(c), to renew the Term of the Lease for four (4) consecutive Five (5) year renewal terms (each a “Renewal Term”). Each Renewal Term shall be upon the same terms and conditions as contained in this Lease perpetuallyLease, except that (i) any rent free periods, rental concessions, inducements, allowances and other similar items applicable during any Term will not apply during any Renewal Term, (ii) Tenant will accept the Demised Premises on an “as is” basis at the commencement of the Renewal Term, (iii) there shall be no further right of renewal except as stated above, and (iv) the Minimum Annual Rent for renewal term(seach respective Renewal Term shall be equal to one hundred ten percent (110%) of one (1) year each (each, a "the Minimum Annual Rent of the last Lease Year or Renewal Term". The renewal option set forth in this Section 3(c) upon will only be valid if (a) the Tenant that signed this Lease, or its successor by merger or acquisition of substantially all of the assets of the branch bank of the Tenant operated at the Premises, is the occupant of the Demised Premises; (b) Landlord has received written mutual agreement notice of both Landlord and Tenant. Tenant shall exercise its option ’s election to renew by giving Landlord written notice not less than 90 at least one hundred eighty (180) days prior to the expiration of the Initial initial Term or the then existing Renewal Term then Term, as applicable; (c) Tenant is not in effect as default beyond any applicable notice and cure period; and (d) Tenant has duly and regularly performed its obligations under this Lease (Landlord reserving, in its sole discretion, the case may be. If Tenant fails right to waive compliance with any or all of the foregoing pre-conditions to Tenant’s exercise its options in the time periods or in the manner provided hereinof any option to renew, such options shall waiver to be deemed to have lapsed, terminated and shall be evidenced by Landlord’s written acceptance of no further force or effect without any further action or notice required on the part of Landlord; provided, however, before such termination becomes effective, Landlord shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew and Tenant shall then have fifteen days from receipt of Landlord's notice within which to provide the notice of ’s exercise of such the renewal which, if then timely provided, shall be deemed an effective renewal of this Lease. All of the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(soption). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Term.

Appears in 1 contract

Samples: Retail Lease (Prime Meridian Holding Co)

Renewal Options. Provided that Tenant shall continue to have the option to renew the term of the Lease with respect to only the Current Premises in accordance with the terms of Rider 1 to the Lease, which renewal option is not in default under this Leasehereby ratified and confirmed. In addition, Tenant shall have the option to extend renew the Initial Term of this Lease perpetually, for renewal term(s) of one (1) year each (each, a "Renewal Term") upon written mutual agreement of both Landlord and Tenant. Tenant shall exercise its option to renew by giving Landlord written notice not less than 90 days prior to the expiration term of the Initial Term or Lease with respect to only the Renewal Term then 260 Expansion Space in effect as accordance with the case may beterms of Exhibit C attached hereto. If Tenant fails to exercise its options a renewal option with respect to the Current Premises (or later with respect to the 260 Expansion Space) so that Tenant only leases the 260 Expansion Space (or only the Current Premises), then Landlord and Tenant shall enter into an amendment to the Lease, as amended hereby, to reflect the changes in the time periods or Agreed Rentable Area, Tenant’s Pro Rata Share Percentage and other appropriate terms. As an alternative to the renewal options described above, Tenant shall have the right to renew the term of the Lease with respect to all (but not a portion) of both the Current Premises and the 260 Expansion Space (the “Expanded Premises Renewal Option”) for a period of five (5) years commencing on February 1, 2015 and expiring on January 31, 2020, subject to and in accordance with the manner provided hereinterms of Exhibit D attached hereto. If Tenant is entitled to and properly exercises the Expanded Premises Renewal Option, such options then Rider 1 to the Lease and Exhibit C attached hereto shall automatically be deemed to have lapsed, terminated deleted and shall be of no further force or effect without any further action or notice required on effect. If Tenant fails to properly exercise the part of Landlord; providedExpanded Premises Renewal Option, however, before such termination becomes effective, Landlord then Exhibit D attached hereto shall first make a good faith effort to notify Tenant of Tenant's failure to timely exercise an option to renew automatically be deleted and Tenant shall then continue to have fifteen days from receipt of Landlord's notice within which the renewal options described above with respect to provide only the notice of exercise of such renewal whichCurrent Premises and with respect to only the 260 Expansion Space, if then timely provided, shall be deemed an effective renewal of this Lease. All of subject to the terms and conditions of this Lease shall remain in full force and effect during any Renewal Term(s). If Tenant exercises its options as set forth herein, the Termination Date shall be the last day of the Renewal Term then in effect, unless sooner terminated as provided herein. The Initial Term of this Lease, as extended by any Renewal Term(s), if applicable, shall hereinafter be referred to as the "Termthereof.

Appears in 1 contract

Samples: Lease (Bazaarvoice Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.