Common use of Tenant’s Option to Extend the Term of the Lease Clause in Contracts

Tenant’s Option to Extend the Term of the Lease. (a) On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term of this Lease for one (1) additional period of five (5) years, such additional term commencing as of the expiration of the initial Term of the Lease (“Extension Term”). Tenant may exercise its Extension Option by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than twelve (12) months prior to the Expiration Date of the initial Term of the Lease. Upon the timely giving of the Extension Notice, the Term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease. If Tenant fails to timely give the Extension Notice, as aforesaid, Tenant shall have no further right to extend the Term of this Lease, time being of the essence of this Section 29.16.

Appears in 4 contracts

Samples: Confidentiality Agreement (Hubspot Inc), , and Attornment Agreement (Hubspot Inc), Confidentiality Agreement (Hubspot Inc)

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Tenant’s Option to Extend the Term of the Lease. (a) On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that Tenant is not in default of its covenants and obligations under the Lease, beyond applicable grace and cure periods, as of the time of option exercise and as of the commencement of the hereinafter described additional Term, that Tenant has not assigned this Lease other than to a Permitted Assignee, and that Tenant, itself, or a Permitted Assignee, is occupying at least seventy-five percent (75%) of the Premises then demised to Tenant, both as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term of this Lease for one (1) additional period of five (5) yearsyear period, such additional term commencing as of commencing as of the expiration of the initial Term term of the Lease (“Extension Term”). Tenant may exercise its Extension Option by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than on or before the date that is twelve (12) months prior to the expiration of the Expiration Date of the initial Term of the Lease. Upon the timely giving of the Extension Notice, the Term term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease. If Tenant fails to timely give the Extension Notice, as aforesaid, Tenant shall have no further right to extend the Term term of this Lease, time being of the essence of this Section 29.16.

Appears in 2 contracts

Samples: Commencement Date Agreement (CarGurus, Inc.), Commencement Date Agreement (CarGurus, Inc.)

Tenant’s Option to Extend the Term of the Lease. (a) On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term of this Lease for one (1) additional period of five (5) years, such additional term commencing as of the expiration of the initial Term of the Lease (“Extension Term”). Tenant may exercise its Extension Option by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than twelve (12) months prior to the Expiration Date of the initial Term of the Lease. Upon the timely giving of the Extension Notice, the Term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease. If Tenant fails to timely give the Extension Notice, as aforesaid, Tenant shall have no further right to extend the Term of this Lease, time being of the essence of this Section 29.1630.16.

Appears in 2 contracts

Samples: Confidentiality Agreement (Hubspot Inc), Confidentiality Agreement (Hubspot Inc)

Tenant’s Option to Extend the Term of the Lease. (a) A. On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that (i) there does not exist a Monetary Default or a material non-monetary Default by Tenant under the Lease, and (ii) Tenant has not assigned the Lease, other than to an Affiliated Entity or a Permitted Successor, both as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity)Term, Tenant shall have the option (“Extension Option”) to extend the Term of this Lease with respect to either the entire Premises or a Partial Premises (as defined below) for one (1) additional period of five (5) yearsyear period (“Extension Term”), such the additional term commencing as of the expiration of the initial Term of the Lease (“Extension Term”)Lease. Tenant may exercise its Extension Option by giving Landlord written notice (“Extension Option Notice”) not earlier than fifteen (15) months and not later than twelve (12) months prior to the Expiration Date of the initial Term of the Lease. Tenant’s Extension Option notice shall specify whether Tenant’s exercise of its Extension Option is with respect to the entire Premises or the Partial Premises and, if for the Partial Premises, the location thereof (subject to subsection F below); in the event Tenant timely provides the Extension Option Notice, but fails therein to specify the location of the Premises to which the renewal exercise relates, Tenant shall be deemed to have elected to renew the Lease Term with respect to the entire Premises. Upon the timely giving of the such Extension Option Notice, the Term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease. If Tenant fails to give timely give the Extension Noticenotice, as aforesaid, Tenant shall have no further right to extend the Term of this Lease, time being of the essence of for this Section 29.16Paragraph.

Appears in 1 contract

Samples: Office Lease Agreement (Alarm.com Holdings, Inc.)

Tenant’s Option to Extend the Term of the Lease. (a) A. On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that Tenant is not in default of any of its monetary obligations under the Lease or in any other material covenants and obligations under the Lease beyond any applicable period of notice and cure, and that only Manhattan Associates, Inc., itself, and/or a Permitted Tenant Successor and/or Affiliated Entity, each as defined in Section 5.6 are occupying the entirety of the Premises then demised to Tenant, both as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term term of this Lease for one (1) additional period of five three (53) yearsyear term, such additional term commencing as of the expiration of the initial Term term of the Lease (“Extension Term”)Lease. Tenant may exercise its Extension Option such option to extend by giving Landlord written notice on or before the date nine (“Extension Notice”) not earlier than fifteen (15) months and not later than twelve (129) months prior to the Expiration Date expiration date of the initial Term term of the Lease. Upon the timely giving of the Extension Noticesuch such notice, the Term term of this Lease shall be deemed extended upon all of the terms and conditions of this LeaseLease (including, without limitation, Tenant's Operating Expense Base and Tenant's Tax Base), except that Landlord shall have no obligation to construct or renovate the Premises and that the Annual Fixed Rent and the Annual Electricity Charge during such additional term shall be as hereinafter set forth. If Tenant fails to give timely give the Extension Noticenotice, as aforesaid, Tenant shall have no further right to extend the Term term of this Lease, time being of the essence of this Section 29.16.Article X.

Appears in 1 contract

Samples: Manhattan Associates Inc

Tenant’s Option to Extend the Term of the Lease. Tenant shall continue to have one (a1) five (5) year option to extend the term of the Lease, pursuant to Paragraphs 1 and 4 of the Rider to Lease. To reflect same, Paragraph 1.A of the Rider to Lease is deleted in its entirety and the following is substituted in its place: "On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that as Tenant is not in default after notice thereof and the expiration of any applicable grace period(s) under Article 21.7 without cure of its covenants and obligations under this Lease at the time of option exercise (provided, however, that Tenant may cure any such default at the time of option exercise), and that Xxxxxxxxx Research, Inc., an Affiliate of Tenant and/or a Permitted Tenant Successor, as such terms are defined in Article 16 of this Lease (such entities, collectively, the "Original Tenant Entities"), collectively are occupying at least 84,505 square feet of Total Rentable Area of the Premises then demised to Tenant ("Occupancy Condition"), as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term term of this Lease for one (1) additional period of five (5) yearsyear term, such additional term commencing as of the expiration of the initial Term term of this Lease. For the purposes of the preceding sentence, the Original Tenant Entities shall be deemed to be "occupying" space in the Premises if such space is subject to this Lease (“Extension Term”)and has not been sublet to any entity other than the Original Tenant Entities, provided that the Original Tenant Entities actually occupy and conduct business in not less than 62,379 square feet of Total Rentable Area of the Premises. Tenant may exercise its Extension Option such option to extend by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than on or before the date twelve (12) months prior to the Expiration Date expiration date of the initial Term then current term of the this Lease. Upon the timely giving of the Extension Noticesuch notice, the Term term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease, except that Landlord shall have no obligation to construct or renovate the Premises and that the Yearly Rent, Operating Costs in the Base Year, and Tax Base during such additional term shall be as hereinafter set forth. If Tenant fails to give timely give the Extension Noticenotice, as aforesaid, Tenant shall have no further right to extend the Term term of this Lease, time being of the essence of this Section 29.16Paragraph 1." The phrase "two (2) additional five (5) year terms" in Paragraph 1.D. of the Rider to Lease is deleted and the phrase "one (1) additional five (5) year term" is substituted in its place.

Appears in 1 contract

Samples: Forrester Research Inc

Tenant’s Option to Extend the Term of the Lease. (a) A. On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that Tenant is not in default of its covenants and obligations under the Lease, and that eDocs, Inc. has not assigned its interest in the Lease or subleased more than twenty-five (25%) percent of the Total Rentable Area of the Premises to anyone other than an Affiliated Entity and/or any Permitted Successor (each as defined in Article 16), both as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term term of this Lease for one (1) additional period of five three (53) yearsyear term ("Extension Term"), such additional term commencing as of the expiration of the initial Term term of the Lease (“Extension Term”)Lease. Tenant may exercise its Extension Option such option to extend by giving Landlord written notice on or before the date nine (“Extension Notice”) not earlier than fifteen (15) months and not later than twelve (129) months prior to the Expiration Date expiration date of the initial Term term of the Lease. Upon the timely giving of the Extension Noticesuch notice, the Term term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease, except that Landlord shall have no obligation to construct or renovate the premises and that the Yearly Rent, Operating Costs in the Base Year, and Tax Base during such additional term shall be as hereinafter set forth. If Tenant fails to give timely give the Extension Noticenotice, as aforesaid, Tenant shall have no further right to extend the Term term of this Lease, time being of the essence of this Section 29.16Paragraph 2.

Appears in 1 contract

Samples: Edocs Inc

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Tenant’s Option to Extend the Term of the Lease. 25.1 Provided (a) On Tenant, an Affiliated Entity and/or a Successor is/are then occupying at least fifty one percent (51%) of the conditions, which conditions Landlord may waive, Premises; and (b) no Event of Default has occurred (i) at its election, by written notice to Tenant at any time, that as of the time of option Tenant's exercise of such option, and as of (ii) at the commencement of the Extension Term (hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entitydefined), Tenant shall have the option (“Extension Option”) to extend the Term term of this the Lease for one (1) additional period of five (5) yearsyear term (the "EXTENSION TERM"), such additional term commencing as of the expiration of the initial Term term of the Lease (“Extension Term”)Lease. Tenant may exercise its Extension Option such option to extend by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than on or before the date twelve (12) months prior to the Expiration Date expiration date of the initial Term term of the Lease, TIME BEING OF THE ESSENCE. Upon the timely giving of the Extension Noticesuch notice, the Term term of this the Lease shall be deemed extended upon all of the terms and conditions of this the Lease, except that Yearly Rent shall be calculated in accordance with Section 25.2 below, Landlord shall have no obligation to construct or renovate the Premises and Tenant shall have no option to further extend the term hereof. If Tenant fails to give timely give the Extension Noticenotice, as aforesaid, Tenant shall have no further right to extend the Term of this Lease, time being term of the essence Lease. Notwithstanding the fact that Tenant's exercise of the herein option to extend the term hereof shall be self-executing, the parties shall promptly execute a lease amendment reflecting such Extension Term after Tenant exercises such option. The execution of such lease amendment shall not be deemed to waive any of the conditions to Tenant's exercise of its rights under this Section 29.16Article 25.

Appears in 1 contract

Samples: Indenture of Lease (Tolerrx Inc)

Tenant’s Option to Extend the Term of the Lease. (a) On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), and (iii) Tenant, itself, or a Permitted Assignee or Affiliated Entity is occupying at least seventy-five percent (75%) of the entirety of the Premises then demised to Tenant, Tenant shall have the option (“Extension Option”) to extend the Term of this Lease for one (1) additional period of five (5) yearsyear period, such additional term commencing as of the expiration of the initial Term of the Lease (“Extension Term”). Tenant may exercise its Extension Option by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than twelve (12) months prior to the Expiration Date of the initial Term of the Lease. Upon the timely giving of the Extension Notice, the Term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease. If Tenant fails to timely give the Extension Notice, as aforesaid, Tenant shall have no further right to extend the Term of this Lease, time being of the essence of this Section 29.16.

Appears in 1 contract

Samples: Foundation Medicine, Inc.

Tenant’s Option to Extend the Term of the Lease. (a) A. On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that Tenant is not in default of its covenants and obligations under the Lease and that Advanced Manufacturing Research, Inc., itself, is occupying the entirety of the premises then demised to Tenant, both as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term of this the Lease for one (1) additional period of five (5) yearsyear term, such additional term commencing as of the expiration of the initial Term term of the Lease (“Extension Term”)Lease. Tenant may exercise its Extension Option such option to extend by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than on or before the date twelve (12) months prior to the Expiration Date expiration date of the initial Term term of the Lease. Upon the timely giving of the Extension Noticesuch notice, the Term of this the Lease shall be deemed extended upon all of the terms and conditions of this Leasethe Lease (as hereby amended), except that Landlord shall have no obligation to construct or renovate the premises and that the Annual Rent, Tax Cost Base and All Other Occupancy Costs Base during such additional term shall be as hereinafter set forth. If Tenant fails to give timely give the Extension Noticenotice, as aforesaid, Tenant shall have no further right to extend the Term of this the Lease, time being of the essence of this Section 29.16Paragraph 7.

Appears in 1 contract

Samples: Amr Research Inc

Tenant’s Option to Extend the Term of the Lease. (a) A. On the conditions, which conditions Landlord may waive, at its election, by written notice to Tenant at any time, that Tenant is not in default of its covenants and obligations under the Lease, and that Enumeral Biomedical Corporation, itself, or a transferee under Section 16.3 is occupying at least fifty percent (50%) of the Premises then demised to Tenant, both as of the time of option exercise and as of the commencement of the hereinafter described additional term, (i) Tenant is not in default of its covenants and obligations under the Lease, continuing beyond the expiration of any applicable notice, grace and cure period and (ii) Tenant has not assigned this Lease or sublet more than twenty-five percent (25%) of the Premises (except to a Permitted Assignee or Affiliated Entity), Tenant shall have the option (“Extension Option”) to extend the Term term of this Lease for one (1I) additional period of five three (53) yearsyear term, such additional term commencing as of the expiration December 1, 2015 and expiring as of the initial Term of the Lease (“Extension Term”)November 30, 2018. Tenant may exercise its Extension Option such option to extend by giving Landlord written notice (“Extension Notice”) not earlier than fifteen (15) months and not later than twelve (12) months prior to the Expiration Date of the initial Term of the Leaseon or before March 1, 2015. Upon the timely giving of the Extension Noticesuch notice, the Term term of this Lease shall be deemed extended upon all of the terms and conditions of this Lease, except that Landlord shall have no obligation to construct or renovate the Premises and that the Yearly Rent during such additional term shall be as hereinafter set forth. If Tenant fails to give timely give the Extension Noticenotice, as aforesaid, Tenant shall have no further right to extend the Term term of this Lease, time being of the essence of this Section 29.16Article 29.15. If Tenant fails to timely exercise its rights hereunder, then within seven (7) days of Landlord’s request therefor, Tenant shall execute and deliver to Landlord a certification, in recordable form, confirming the Tenant’s failure to exercise (or waiver of) such right, and Tenant’s failure to so execute and deliver such certification shall (without limiting Landlord’s remedies on account thereof) entitle Landlord to execute and deliver to any third party, and record, an affidavit confirming the failure or waiver, which affidavit shall be binding on Tenant and may be conclusively relied on by third parties.

Appears in 1 contract

Samples: Term Commencement Date Agreement (Enumeral Biomedical Holdings, Inc.)

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