Common use of Second Extension Option Clause in Contracts

Second Extension Option. Tenant shall also have the option to extend this Lease (the "Second Extension Option") with respect to the Renewal Space or Premises (as applicable) for one additional term of five (5) years (the "Second Extension Period"), upon the terms and conditions hereinafter set forth: (a) If the Second Extension Option is exercised, then the Base Rent per annum for such Second Extension Period shall be an amount equal to the Fair Market Rental Value for the Renewal Space or Premises (as applicable) as of the commencement of the Second Extension Option for such Second Extension Period. (b) The Second Extension Option must be exercised by Tenant, if at all, only at the time and in the manner provided in this Section 51.3(b). (i) If Tenant wishes to exercise the Second Extension Option, Tenant must, on or before the date occurring nine (9) months before the expiration of the First Extension Period (but not before the date that is twelve (12) months before the expiration of the First Extension Period), exercise the Second Extension Option by delivering written notice (the "Second Option Exercise Notice") to Landlord. If Tenant timely and properly exercises its Second Extension Option, the Lease Term shall be extended for the Second Extension Period upon all of the terms and conditions set forth in the Lease, as amended, except that the Base Rent for the Second Extension Period shall be as provided in Section 51.3(a) and Tenant shall have no further options to extend the Lease Term except for the Third Extension Option. (ii) If Tenant fails to deliver a timely Second Option Exercise Notice, Tenant shall be considered to have elected not to exercise the Second Extension Option. (c) It is understood and agreed that the Second Extension Option hereby granted is personal to Tenant and is not transferable except to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this Lease. In the event of any assignment of this Lease (other than to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this Lease), the Second Extension Option shall automatically terminate and shall thereafter be null and void. In addition, Tenant may not exercise the Second Extension Option, and any attempted exercise of the Second Extension Option shall be ineffective, if at the time Tenant delivers the Second Option Exercise Notice the Subletting Threshold is exceeded. (d) Tenant's exercise of the Second Extension Option shall, if Landlord so elects in its absolute discretion, be ineffective in the event that an Event of Default by Tenant remains uncured at the time of delivery of the Second Option Exercise Notice (provided that Landlord must exercise such option to nullify the effectiveness of Tenant's exercise by notice delivered to Tenant within twenty (20) business days following the date of Tenant's delivery of Tenant's Second Option Exercise Notice or Landlord will be deemed to have waived its right to nullify Tenant's exercise of the Second Extension Option).

Second Extension Option. Tenant shall also have the option to extend this Lease (the "Second Extension Option") with respect to the Renewal Space or Premises (as applicable) for one additional term of five three (53) years (the "Second Extension Period"), upon the terms and conditions hereinafter set forth: (a) If the Second Extension Option is exercised, then the Base Rent per annum for such Second Extension Period (the "Second Option Rent") shall be an amount equal to the Fair Market Rental Value for the Renewal Space or Premises (as applicableor if Tenant elects a Partial Renewal pursuant to Section 51.5, the Renewal Space) as of the commencement of the Second Extension Option for such Second Extension Period. (b) The Second Extension Option must be exercised by Tenant, if at all, only at the time and in the manner provided in this Section 51.3(bsubsection 51.2(b). (i) If Tenant wishes to exercise the Second Extension Option, Tenant must, on or before the date occurring nine (9) months before the expiration of the First Extension Period (but not before the date that is twelve (12) months before the expiration of the First Extension Period), exercise the Second Extension Option by delivering written notice (the "Second Option Exercise Notice") to Landlord. If Tenant timely and properly exercises its Second Extension Option, the Lease Term shall be extended for the Second Extension Period upon all of the terms and conditions set forth in the Lease, as amended, except that the Base Rent rent for the Second Extension Period shall be as provided in Section 51.3(asubsection 51.2(a) and Tenant shall have no further options to extend the Lease Term except for the Third Extension OptionTerm. (ii) If Tenant fails to deliver a timely Second Option Interest Notice or Second Exercise Notice, Tenant shall be considered to have elected not to exercise the Second Extension Option. (c) It is understood and agreed that the Second Extension Option hereby granted is personal to Tenant and is not transferable except to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this Lease. In the event of any assignment or subletting of this Lease the Premises or any part thereof (other than to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this LeaseTransferee), the Second Extension Option shall automatically terminate and shall thereafter be null and void. In addition, Tenant may not exercise the Second Extension Option, and any attempted exercise of the Second Extension Option shall be ineffective, if at the time Tenant delivers the Second Option Exercise Notice the Subletting Threshold is exceeded. (d) Tenant's exercise of the Second Extension Option shall, if Landlord so elects in its absolute discretion, be ineffective in the event that an Event of a Monetary Default by Tenant remains uncured at the time of delivery of the Second Option Exercise Notice (provided that Landlord must exercise such option to nullify the effectiveness of Tenant's exercise by notice delivered to Tenant within twenty (20) business days following the date of Tenant's delivery of Tenant's Second Option Exercise Notice or Landlord will at the commencement of the Second Extension Period. (e) The Second Extension Option shall terminate and shall thereafter be deemed to have waived its right to nullify null and void in the event Tenant does not exercise the First Extension Option or for any reason Tenant's exercise of the Second First Extension Option)Option is ineffective.

Second Extension Option. Tenant shall also have the option to extend this Lease (the "“Second Extension Option") with respect to the Renewal Space or Premises (as applicable”) for one additional term of five (5) years (the "“Second Extension Period"”), upon the terms and conditions hereinafter set forth: (a) If the Second Extension Option is exercised, then the Base Rent per annum for such Second Extension Period (the “Second Option Rent”) shall be an amount equal to the Fair Market Rental Value for the Renewal Space or Premises (as applicable) as of the commencement of the Second Extension Option for such Second Extension Period. (b) The Second Extension Option must be exercised by Tenant, if at all, only at the time and in the manner provided in this Section 51.3(b51.2(b). (i) If Tenant wishes to exercise the Second Extension Option, Tenant must, on or before the date occurring nine twelve (912) months before the expiration of the First Extension Period (but not before the date that is twelve fifteen (1215) months before the expiration of the First Extension Period), exercise the Second Extension Option by delivering written notice (the "“Second Option Exercise Notice"”) to Landlord. If Tenant timely and properly exercises its Second Extension Option, the Lease Term shall be extended for the Second Extension Period upon all of the terms and conditions set forth in the Lease, as amended, except that the Base Rent for the Second Extension Period shall be as provided in Section 51.3(a51.2(a) and Tenant shall have no further options to extend the Lease Term except for the Third Extension OptionTerm. (ii) If Tenant fails to deliver a timely Second Option Exercise Notice, Tenant shall be considered to have elected not to exercise the Second Extension Option. (c) It is understood and agreed that the Second Extension Option hereby granted is personal to the initially named Tenant and is not transferable except to a Permitted Transferee in connection with an assignment of Tenant's ’s entire interest in this Lease. In the event of any assignment or subletting of this Lease the Premises or any part thereof (other than to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this LeaseTransferee), the Second Extension Option shall automatically terminate and shall thereafter be null and void. In addition, Tenant may not exercise the Second Extension Option, and any attempted exercise of the Second Extension Option shall be ineffective, if at the time Tenant delivers the Second Option Exercise Notice the Subletting Threshold is exceeded. (d) Tenant's ’s exercise of the Second Extension Option shall, if Landlord so elects in its absolute discretion, be ineffective in the event that (i) an Event of Default by Tenant remains uncured at the time of delivery of the Second Option Exercise Notice (provided that Landlord must exercise such option to nullify the effectiveness of Tenant's exercise by notice delivered to Tenant within twenty (20) business days following the date of Tenant's delivery of Tenant's Second Option Exercise Notice or Landlord will be deemed to have waived its right to nullify Tenant's exercise at the commencement of the Second Extension Option)Period or (ii) Tenant shall have reduced the size of the Premises below the size of the initial Premises by written agreement with Landlord. (e) The Second Extension Option shall terminate and shall thereafter be null and void in the event Tenant does not exercise the First Extension Option or for any reason Tenant’s exercise of the First Extension Option is ineffective.

Second Extension Option. Tenant shall also have the option to extend this Lease (the "“Second Extension Option") with respect to the Renewal Space or Premises (as applicable”) for one additional term of five (5) years (the "“Second Extension Period"”), upon the terms and conditions hereinafter set forth: (a) If the Second Extension Option is exercised, then the Base Rent per annum for such Second Extension Period (the “Second Option Rent”) shall be an amount equal to the Fair Market Rental Value for the Renewal Space or Premises (as applicable) as of the commencement of the Second Extension Option for such Second Extension Period. (b) The Second Extension Option must be exercised by Tenant, if at all, only at the time and in the manner provided in this Section 51.3(bsubsection 51.2(b). (i) If Tenant wishes to exercise the Second Extension Option, Tenant must, on or before the date occurring nine (9) months before the expiration of the First Extension Period (but not before the date that is twelve (12) months before the expiration of the First Extension Period), exercise the Second Extension Option by delivering written notice (the "“Second Option Exercise Notice"”) to Landlord. If Tenant timely and properly exercises its Second Extension Option, the Lease Term shall be extended for the Second Extension Period upon all of the terms and conditions set forth in the Lease, as amended, except that the Base Rent rent for the Second Extension Period shall be as provided in Section 51.3(asubsection 51.2(a) and Tenant shall have no further options to extend the Lease Term except for the Third Extension OptionTerm. (ii) If Tenant fails to deliver a timely Second Option Exercise Notice, Tenant shall be considered to have elected not to exercise the Second Extension Option. (c) It is understood and agreed that the Second Extension Option hereby granted is personal to Original Tenant and is not transferable except to a Permitted Transferee in connection with an assignment of Tenant's ’s entire interest in this Lease. In the event of any assignment or subletting of this Lease the Premises or any part thereof (other than to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this LeaseTransferee), the Second Extension Option shall automatically terminate and shall thereafter be null and void. In addition, Tenant may not exercise the Second Extension Option, and any attempted exercise of the Second Extension Option shall be ineffective, if at the time Tenant delivers the Second Option Exercise Notice the Subletting Threshold is exceeded. (d) Tenant's ’s exercise of the Second Extension Option shall, if Landlord so elects in its absolute discretion, be ineffective in the event that (i) an Event of Default by Tenant remains uncured at the time of delivery of the Second Option Exercise Notice (provided that Landlord must exercise such option to nullify the effectiveness of Tenant's exercise by notice delivered to Tenant within twenty (20) business days following the date of Tenant's delivery of Tenant's Second Option Exercise Notice or Landlord will be deemed to have waived its right to nullify Tenant's exercise at the commencement of the Second Extension Option)Period or (ii) Tenant shall have reduced the size of the Premises below 23,993 rentable square feet by agreement with Landlord or pursuant to an express right in this Lease. (e) The Second Extension Option shall terminate and shall thereafter be null and void in the event Tenant does not exercise the First Extension Option or for any reason Tenant’s exercise of the First Extension Option is ineffective.

Second Extension Option. Tenant shall also have the option to extend this Lease (the "“Second Extension Option"”) with respect to the Renewal Space or Premises (as applicable) for one 3489-000151321/1351 Harbor Bay Pkwy -61- additional term of five (5) years (the "“Second Extension Period"”), upon the terms and conditions hereinafter set forth: (a) If the Second Extension Option is exercised, then the Base Rent per annum for such Second Extension Period shall be an amount equal to the Fair Market Rental Value for the Renewal Space or Premises (as applicable) as of the commencement of the Second Extension Option for such Second Extension Period. (b) The Second Extension Option must be exercised by Tenant, if at all, only at the time and in the manner provided in this Section 51.3(b). (i) If Tenant wishes to exercise the Second Extension Option, Tenant must, on or before the date occurring nine (9) months before the expiration of the First Extension Period (but not before the date that is twelve (12) months before the expiration of the First Extension Period), exercise the Second Extension Option by delivering written notice (the "“Second Option Exercise Notice"”) to Landlord. If Tenant timely and properly exercises its Second Extension Option, the Lease Term shall be extended for the Second Extension Period upon all of the terms and conditions set forth in the Lease, as amended, except that the Base Rent for the Second Extension Period shall be as provided in Section 51.3(a) and Tenant shall have no further options to extend the Lease Term except for the Third Extension Option. (ii) If Tenant fails to deliver a timely Second Option Exercise Notice, Tenant shall be considered to have elected not to exercise the Second Extension Option. (c) It is understood and agreed that the Second Extension Option hereby granted is personal to Tenant and is not transferable except to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this Lease. In the event of any assignment of this Lease (other than to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this Lease), the Second Extension Option shall automatically terminate and shall thereafter be null and void. In addition, Tenant may not exercise the Second Extension Option, and any attempted exercise of the Second Extension Option shall be ineffective, if at the time Tenant delivers the Second Option Exercise Notice the Subletting Threshold is exceeded. (d) Tenant▇▇▇▇▇▇'s exercise of the Second Extension Option shall, if Landlord so elects in its absolute discretion, be ineffective in the event that an Event of Default by Tenant remains uncured at the time of delivery of the Second Option Exercise Notice (provided that Landlord must exercise such option to nullify the effectiveness of Tenant's exercise by notice delivered to Tenant within twenty (20) business days following the date of Tenant's delivery of Tenant's Second Option Exercise Notice or Landlord will be deemed to have waived its right to nullify Tenant's exercise of the Second Extension Option).

Second Extension Option. Provided that Tenant properly exercised the First Extension Option, and provided further that there is no outstanding Event of Default when (i) the Tenant gives the Landlord written notice of its intention to exercise its rights under this Section 2(b), or (ii) the First Option Term expires, the Tenant shall also have the option to extend this Lease the Initial Term (the "Second Extension Option") with respect to the Renewal Space or Premises for another period of sixty (as applicable) for one additional term of five (5) years (the "Second Extension Period"), upon the terms and conditions hereinafter set forth: (a) If the Second Extension Option is exercised, then the Base Rent per annum for such Second Extension Period shall be an amount equal to the Fair Market Rental Value for the Renewal Space or Premises (as applicable) as of the commencement of the Second Extension Option for such Second Extension Period. (b) The Second Extension Option must be exercised by Tenant, if at all, only at the time and in the manner provided in this Section 51.3(b). (i) If Tenant wishes to exercise the Second Extension Option, Tenant must, on or before the date occurring nine (960) months before commencing upon the expiration of the First Extension Period Option Term (but not before such extension is referred to as the date that is twelve (12) months before the expiration of the First Extension Period"Second Option Term"), . The Tenant shall exercise the Second Extension Option by delivering giving the Landlord written notice (to that effect at least 180 days prior to the "expiration of the First Option Term. If the Tenant does not give to the Landlord written notice of the exercise of the Second Extension Option at least 180 days prior to the expiration of the First Option Term, then the Second Extension Option shall terminate and be of no further force and effect. If the Tenant exercises the Second Extension Option as provided in this Section 2(b), the respective rights, duties and obligations of the Landlord and the Tenant during the Second Option Exercise Notice") to Landlord. If Tenant timely and properly exercises its Second Extension Option, the Lease Term shall be extended for the Second Extension Period upon all of governed by the terms and conditions set forth in of the Lease, as amended, except that the Minimum Base Rent for the Second Extension Period shall be as provided in Section 51.3(a) set forth below, there shall be no abatement of rent, and Tenant shall have no further options right to extend or renew the Lease Term except for the Third Extension Option. (ii) If Tenant fails to deliver a timely Second Option Exercise Notice, Tenant shall be considered to have elected not to exercise the Second Extension Option. (c) It is understood and agreed that the Second Extension Option hereby granted is personal to Tenant and is not transferable except to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this Lease. In the event of any assignment of this Lease (other than to a Permitted Transferee in connection with an assignment of Tenant's entire interest in this Lease), the Second Extension Option shall automatically terminate and shall thereafter be null and void. In addition, Tenant may not exercise the Second Extension Option, and any attempted exercise of the Second Extension Option shall be ineffective, if at the time Tenant delivers the Second Option Exercise Notice the Subletting Threshold is exceededLease. (d) Tenant's exercise of the Second Extension Option shall, if Landlord so elects in its absolute discretion, be ineffective in the event that an Event of Default by Tenant remains uncured at the time of delivery of the Second Option Exercise Notice (provided that Landlord must exercise such option to nullify the effectiveness of Tenant's exercise by notice delivered to Tenant within twenty (20) business days following the date of Tenant's delivery of Tenant's Second Option Exercise Notice or Landlord will be deemed to have waived its right to nullify Tenant's exercise of the Second Extension Option).