Common use of Third Extended Term Clause in Contracts

Third Extended Term. The annual Base Rent for the Third Extended Term, shall be an amount equal to the greater of (1) the Market Rent for the Premises for the Third Extended Term and (2) the product of (A) the annual Base Rent in effect on the last day of the Second Extended Term and (B) the greater of (x) 1.03 and (y) the lesser of (aa) 1.06 and (bb) the average annual percentage increase, if any, in the CPI between the month preceding the commencement of the Second Extended Period and the preceding the commencement of month of the Third Extended Period. If the annual Base Rent for any period described above cannot be determined as of the first day of such period, then until such amount is determined, Tenant shall pay Base Rent at the minimum rate set forth for such period (or, in the case of the Base Rent as of Commencement Date, assuming the Fixed Rental Rate was $16.51). When the actual annual Base Rent is determined, Landlord shall notify Tenant in writing of such amount within thirty (30) days thereafter and Tenant, in the case of an underpayment, shall pay to Landlord any additional Base Rent due for the portion of such period prior to the date of such payment, or Landlord, in the case of an overpayment, shall pay to Tenant the amount of such overpayment. If Tenant exercises its option to extend the Term for an Extended Term, then within thirty (30) days after receipt of Tenant's notice exercising the Extension Option (or, if later, eight (8) months prior to the end of the then Term), Landlord shall notify Tenant of its determination of the Market Rent for the Extended Term in question. If the Market Rent determined by Landlord is greater than the Base Rent determined pursuant to clause (2) of paragraphs (a)(v), (vi) or (vii) above, as the case may be, then within thirty (30) days after receipt of Landlord's notice of the Market Rent, Tenant shall elect in a written notice ("Tenant's Rent Determination Notice"), delivered to Landlord either (i) to accept Landlord's determination of the Market Rent or (ii) to have the Market Rent determined by appraisal pursuant to paragraph (c) below, in which event Tenant shall also set forth its determination of the Market Rent. If Tenant fails to timely deliver such notice, Tenant will be deemed to have accepted Landlord's determination of the Market Rent.

Third Extended Term. The annual Base Rent for the Third Extended Term, shall be an amount equal to the greater of (1) the Market Rent for the Premises for the Third Extended Term and (2) the product of (A) the annual Base Rent in effect on the last day of the Second Extended Term and (B) the greater of (x) 1.03 and (y) the lesser of (aa) 1.06 and (bb) the average annual percentage increase, if any, in the CPI between the month preceding the commencement of the Second Extended Period and the month preceding the commencement of month of the Third Extended Period. If the annual Base Rent for any period described above cannot be determined as of the first day of such period, then until such amount is determined, Tenant shall pay Base Rent at the minimum rate set forth for such period (or, in the case of the Base Rent as of Commencement Date, assuming the Fixed Rental Rate was $16.51)period. When the actual annual Base Rent is determined, Landlord shall notify Tenant in writing of such amount within thirty (30) days thereafter and Tenant, in the case of an underpayment, shall pay to Landlord any additional Base Rent due for the portion of such period prior to the date of such payment, or Landlord, in the case of an overpayment, shall pay to Tenant the amount of such overpayment. If Tenant exercises its option to extend the Term for an Extended Term, then within thirty (30) days after receipt of Tenant's notice exercising the Extension Option (or, if later, eight (8) months prior to the end of the then Term), Landlord shall notify Tenant of its determination of the Market Rent for the Extended Term in question. If the Market Rent determined by Landlord is greater than the Base Rent determined pursuant to clause (2) of paragraphs (a)(v), (vi) or (vii) above, as the case may be, then within thirty (30) days after receipt of Landlord's notice of the Market Rent, Tenant shall elect in a written notice ("Tenant's Rent Determination Notice"), ) delivered to Landlord either (i) to accept Landlord's determination of the Market Rent or (ii) to have the Market Rent determined by appraisal pursuant to paragraph (c) below, in which event Tenant shall also set forth its determination of the Market Rent. If Tenant fails to timely deliver such notice, Tenant will be deemed to have accepted Landlord's determination of the Market Rent. (b) As used in this Rider A and in the Lease:

Third Extended Term. The annual Base Rent for the Third Extended Term, shall be an amount equal to the greater of (1) the Market Rent for the Premises for the Third Extended Term and (2) the product of (A) the annual Base Rent in effect on the last day of the Second Extended Term and (B) the greater of (x) 1.03 and (y) the lesser of (aa) 1.06 and (bb) the average annual percentage increase, if any, in the CPI between the month preceding the commencement of the Second Extended Period and the preceding the commencement of month of the Third Extended Period. If the annual Base Rent for any period described above cannot be determined as of the first day of such period, then until such amount is determined, Tenant shall pay Base Rent at the minimum rate set forth for such period (or, in the case of the Base Rent as of Commencement Date, assuming the Fixed Rental Rate was $16.5113.60). When the actual annual Base Rent is determined, Landlord shall notify Tenant in writing of such amount within thirty (30) days thereafter and Tenant, in the case of an underpayment, shall pay to Landlord any additional Base Rent due for the portion of such period prior to the date of such payment, or Landlord, in the case of an overpayment, shall pay to Tenant the amount of such overpayment. If Tenant exercises its option to extend the Term for an Extended Term, then within thirty (30) days after receipt of Tenant's notice exercising the Extension Option (or, if later, eight (8) months prior to the end of the then Term), Landlord shall notify Tenant of its determination of the Market Rent for the Extended Term in question. If the Market Rent determined by Landlord is greater than the Base Rent determined pursuant to clause (2) of paragraphs (a)(v), (vi) or (vii) above, as the case may be, then within thirty (30) days after receipt of Landlord's notice of the Market Rent, Tenant shall elect in a written notice ("Tenant's Rent Determination Notice"), delivered to Landlord either (i) to accept Landlord's determination of the Market Rent or (ii) to have the Market Rent determined by appraisal pursuant to paragraph (c) below, in which event Tenant shall also set forth its determination of the Market Rent. If Tenant fails to timely deliver such notice, Tenant will be deemed to have accepted Landlord's determination of the Market Rent.