Common use of Rent During Extended Term Clause in Contracts

Rent During Extended Term. The Yearly Rent payable by the LESSEE during the Extended Term shall be the greater of the following: (1) the rate per annum payable at the end of the initial Lease term; or, (2) a sum equal to what would be considered as the fair market rental for the Premises, based upon the use of the same as first class office and warehouse space located in the rental community between Route 1 and Route 128 as of the date of commencement of the Extended Term, under similar terms and conditions as contained in this Lease, but requiring no investment by LESSOR for improvements, renovations, repairs, etc. (hereinafter referred to as "MARKET RENT"). If the parties cannot agree as to the Market Rent, the Market Rent shall be determined by two (2) appraisers who are members of the American Institute of Real Estate Appraisers to be appointed and paid for by each of the parties. If such appraisers cannot agree on the Market Rent, they shall together promptly select a third appraiser who shall also be a member of the American Institute of Real Estate Appraisers and whose fee shall be shared by each of the parties hereto. A written determination as to the Market Rent signed by any two (2) of the appraisers so chosen shall be final and binding on the parties hereto. The Yearly Rent payable by the LESSEE during the Extended Term shall be paid in addition thereto, the LESSEE shall pay all other charges, such as, but not limited to, Taxes and Operating Costs as set forth in this Lease. REFERENCE DATA DATE OF EXECUTION OF LEASE: December 21, 1989 DATE OF EXECUTION OF THIS FIRST AMENDMENT: March , 1994 LESSEE: NGS DIVISION/MKS INSTRUMENTS, INC.,

Rent During Extended Term. The Yearly Monthly Rent payable by during the LESSEE during first year of the Extended Term shall be the greater fair-market rent of the following: Premises as Tenant and Landlord shall reasonably agree, but in no event less than the Monthly Rent payable immediately prior to the Extended Term. If Landlord and Tenant are unable to establish the fair-market rent prior to thirty (130) the rate per annum payable at the end days in advance of the initial Lease term; or, (2) a sum equal to what would be considered as the fair market rental for the Premises, based upon the use of the same as first class office and warehouse space located in the rental community between Route 1 and Route 128 as of the date of commencement of the Extended Term, under similar terms and conditions as contained in this Lease, but requiring no investment by LESSOR for improvements, renovations, repairs, etc. (hereinafter referred to as "MARKET RENT"). If the parties cannot agree as to the Market Rent, the Market Rent fair-market rent shall be determined by two a single MAI certified real estate appraiser (2"Appraiser") appraisers who are members jointly selected by Landlord and Tenant. If they cannot in good faith agree to a single Appraiser by commencement of the American Institute Extended Term, the fair-market value shall be determined by a majority of Real Estate Appraisers to be appointed three Appraisers, one selected by Landlord, one selected by Tenant, and paid for one selected by each the two previously selected Appraisers. After commencement of the partiesExtended Term, Landlord and Tenant each shall give notice of its selection of a Appraiser to the other party. If such appraisers cannot either Landlord or Tenant fails or refuses to select an Appraiser within fifteen (15) days after receipt of written notice of the other party's selection of an Appraiser, the fair-market rent shall be determined by the single Appraiser selected. The Appraiser (or Appraisers) shall determine the fair-market rent as soon as possible. If a majority of the three Appraisers are unable to agree upon the fair-market rent within thirty (30) days after the appointment of the first Appraiser, the fair-market rent shall be an amount equal to the average of the three values determined by the Appraisers, excluding any fair-market rent which is ten percent (10%) greater than or ten percent (10%) less than the middle value. As used herein, "fair-market rent" shall mean the price that a ready and willing tenant would pay as Monthly Rent to a ready and willing landlord if the Premises were offered for lease on the Market Rent, they open market for a reasonable period of time and shall together promptly select a third appraiser who shall also be a member the product of the American Institute fair-market monthly rental rate per rentable square foot multiplied by the rentable area of Real Estate Appraisers and whose fee the Premises. The fair-market rent shall be shared determined by each (a) the quality and prestige of the parties hereto. A written determination as Premises, including all improvements to the Market Rent signed by any two Premises, (2b) recent monthly rental rates for buildings of similar quality, size and location, (c) the duration of the appraisers term, and (d) the financial strength of the tenant and any guarantors. Landlord and Tenant each shall pay for the Appraiser so chosen appointed by such party, with both Tenant and Landlord jointly paying for any jointly appointed Appraiser. Until such determination of the fair-market rent, Tenant shall be final and binding on continue to pay the parties hereto. The Yearly Monthly Rent immediately payable by the LESSEE during prior to commencement of the Extended Term shall be paid in addition thereto, the LESSEE shall pay all other charges, such as, but not limited to, Taxes and Operating Costs as set forth in this Lease. REFERENCE DATA DATE OF EXECUTION OF LEASE: December 21, 1989 DATE OF EXECUTION OF THIS FIRST AMENDMENT: March , 1994 LESSEE: NGS DIVISION/MKS INSTRUMENTS, INCTerm.,

Rent During Extended Term. The Yearly Base Rent payable by the LESSEE during for the Extended Term shall be (i) for the greater two year Extended Term, $16.00 plus seventy-five (75%) of the following: amount by which Fair Market Net Rent exceeds $16.00 but in no event shall it be less than $16.00 or (1ii) the rate per annum payable at the end of the initial Lease term; orfor any other Extended Term, (2) a sum equal to what would Fair Market Net Rent. Such Base Rent shall be considered as the fair market rental for the Premises, based upon the use of the same as first class office and warehouse space located in the rental community between Route 1 and Route 128 effect as of the date first day of commencement of the such Extended Term, under similar terms and conditions as contained in this Lease, but requiring no investment by LESSOR for improvements, renovations, repairs, etc. (hereinafter referred to as "MARKET RENT"). If the parties cannot agree as to the The Fair Market Rent, the Market Net Rent shall be determined by two Landlord with notice given to Tenant no later than one hundred and twenty (2120) appraisers who are members of the American Institute of Real Estate Appraisers to be appointed and paid for by each of the parties. If such appraisers cannot agree on the Market Rent, they shall together promptly select a third appraiser who shall also be a member of the American Institute of Real Estate Appraisers and whose fee shall be shared by each of the parties hereto. A written determination as days prior to the Market Rent signed by any two (2) commencement of the appraisers so chosen shall be final and binding on the parties hereto. The Yearly Rent payable by the LESSEE during the Extended Term subject to the Tenant’s right to demand appraisal pursuant to the provisions of Section 7.01. Failure on the part of the Landlord to give such notice in a timely manner shall not vitiate the right to require an adjustment of the Base Rent but such delay shall result in deferral of any increase or decrease in the Base Rent to a date one hundred and twenty (120) days after the date of such notice. Failure on the part of Tenant to demand appraisal within thirty (30) days after receipt of notice from Landlord of Landlord’s determination of Fair Market Net Rent shall constitute a waiver of Tenant’s right to demand appraisal, and shall bind Tenant to the Fair Market Net Rent as determined by Landlord. Should Tenant elect to exercise its right to demand appraisal and should the appraisal process not have been concluded prior to the Extended Term, then the greater of (i) the Base Rent which was previously in effect or (ii) Tenant’s estimate, if any, of the Fair Market Net Rent, as applicable, shall be temporarily applicable for purposes of determining Tenant’s obligation to pay the Base Rent. However, once the new rate is in fact agreed upon or determined, if it is higher than the rate paid by Tenant during the period such rate should have been in addition theretoeffect, the LESSEE then Tenant shall pay all other chargesto Landlord within ten (10) days after agreement upon or determination of the new rate an amount sufficient to result in Landlord’s having been paid rental at the new rate from the commencement of the portion of the term during which such rate was to have been in effect, together with interest at the then Bank of Boston Prime Rate with respect to any portion of such asrent not paid when due because of the operation of this paragraph, but not limited to, Taxes and Operating Costs as set forth in this Lease. REFERENCE DATA DATE OF EXECUTION OF LEASE: December 21, 1989 DATE OF EXECUTION OF THIS FIRST AMENDMENT: March , 1994 LESSEE: NGS DIVISION/MKS INSTRUMENTS, INCfrom the date payment was due to the date paid.,