Common use of Expansion Option Clause in Contracts

Expansion Option. During the term of the Lease, Tenant shall have the option to lease space contiguous to the Premises ("Option Space"), in the "As Is" condition, as it becomes available during the term of the Lease, at the market base rent for the Building, as established by Landlord from time to time, in effect at the time of Landlord's notice. Landlord shall provide Tenant written notice of the availability of the Option Space, and Tenant shall have fifteen (15) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease is in full force and effect. Landlord and Tenant agree and acknowledge that Tenant has received notice of the availability of the 4,865 square foot First Expansion Space and the 2,993 square foot and 4,618 square foot former CSM Corporation space depicted on REVISED EXHIBIT B."

Appears in 1 contract

Samples: Synovis Life Technologies Inc

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Expansion Option. During (a) Landlord, or an affiliate, shall construct a building containing a minimum of 186,000 rentable square feet (the term “Additional Building”) identified as Building #2 on the parcel adjacent to the Land on Exhibit A attached hereto and made a part hereof. Landlord will use its commercially reasonable efforts to attempt to construct the Additional Building simultaneously with the construction of the LeaseLeased Premises; provided, that the failure to construct the Additional Building simultaneously with the Building shall not constitute a default hereunder. The exterior, façade and parking of the Additional Building will be consistent with those included at the Leased Premises. Provided no Tenant Default then exists, and provided no event which, with the giving of notice or the passage of time, or both, would constitute a Tenant Default has occurred and is continuing, Tenant shall have the option one-time right to lease expand the Leased Premises to include up to 130,000 rentable square feet, but not less than 65,000 rentable square feet of space contiguous in the Additional Building (the “Expansion Option”) effective upon the first day of the eleventh (11th) full year following the Rent Commencement Date (anticipated to be January 1, 2026) (the Premises ("Option Space"“Expansion Effective Date”), in the "As Is" conditionby providing Landlord with at least eighteen (18) months’ (anticipated to be July 1, as it becomes available during the term of the Lease, at the market base rent for the Building, as established by Landlord from time to time, in effect at the time of Landlord's notice. Landlord shall provide Tenant 2024) prior written notice of the availability of same (the Option Space, and Tenant shall have fifteen (15) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein“Expansion Notice”); provided, Tenant's option rights ’s right to expand the Leased Premises as set forth in this Section 36.1 shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger void upon Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 ’s exercise of the Lease and that Termination Option set forth in Section 35.1 above. Additionally, Tenant’s failure to give such Expansion Notice by the Lease is in full force and effect. Landlord and date set forth herein shall constitute a waiver by Tenant agree and acknowledge that Tenant has received notice of any right to expand the availability of the 4,865 square foot First Expansion Space and the 2,993 square foot and 4,618 square foot former CSM Corporation space depicted on REVISED EXHIBIT B."Leased Premises.

Appears in 1 contract

Samples: Lease Agreement (Ansys Inc)

Expansion Option. During (a) Subject to the term terms and conditions of this Section 2.5 and subject to the Leasepre-existing rights of Transystems, Inc., as shown on Exhibit FO, Tenant shall have the option right to lease space contiguous to expand the Premises to include 16,640 rentable square feet of space on the first floor of the Building, in the location shown on Exhibit FP-1 ("Option SpaceExpansion Premises"), in the "As Is" condition, as it becomes available during the term of the Lease, at the market base rent for the Building, as established by Landlord from time to time, in effect at the time of Landlord's notice. Landlord shall provide Tenant written notice of the availability of the Option Space, provided and Tenant shall have fifteen on condition that (15i) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease is in full force and effect, (ii) no Default of Tenant shall have occurred and be continuing (either at the time of exercise or at upon the Expansion Premises Commencement Date), (iii) Tenant shall not have assigned this Lease or vacated or sublet more than 20,000 rentable square feet in the Premises, other than in connection with a transfer for which Landlord's consent is not required under Article VI (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at any time in Landlord's sole discretion). If Tenant shall give Landlord and Tenant agree and acknowledge written notice no later than the date that Tenant has received notice is twelve months after the date of this Lease electing to so expand the Premises, then Landlord shall deliver possession of the availability Expansion Premises to Tenant on the Expansion Premises Commencement Date (as defined below). If Tenant shall fail to timely deliver such notice electing to so expand the Premises, Tenant shall be deemed to have waived such right, and Landlord shall thereafter be free to lease all or any portion of the 4,865 square foot First Expansion Space Premises to such parties and on such terms as Landlord shall determine in its sole discretion, subject to the 2,993 square foot and 4,618 square foot former CSM Corporation space depicted on REVISED EXHIBIT B."provisions of Section 2.6 below.

Appears in 1 contract

Samples: First Marblehead Corp

Expansion Option. During On the term conditions (which conditions Landlord may waive, at its election, by written notice to Tenant at any time) that both at the time that Tenant exercises its expansion option under this Section 11.1 and as of the Leasedate upon which the Expansion Premises, as hereinafter defined, would have otherwise become incorporated into the Premises: (i) there exists no monetary or material non‑monetary Event of Default and there have been no more than two (2) monetary or material non‑monetary Events of Default during the Term, (ii) this Lease is still in full force and effect, and (iii) Tenant has neither assigned this Lease nor sublet more than thirty-three percent (33%) of the Rentable Floor Area of the Premises (except for an assignment or subletting permitted without Landlord’s consent under Section 5.6.4 hereof), Tenant shall have the option to lease space contiguous to expand the Premises ("Option Space"), to include additional space in the "As Is" conditionBuilding in an area and configuration to be designated by Landlord in Landlord’s sole discretion so long as such area contains not less than 15,000 nor more than 25,000 square feet of Rentable Floor Area (as so designated by Landlord, as it becomes available the “Expansion Premises”) for a term commencing on a date designated by Landlord and falling during the term period between the 48th and 78th full calendar months of the Lease, at Original Lease Term following the market base rent for Commencement Date (the “Expansion Premises Delivery Window”). The Expansion Premises shall be located on the fourth (4th) floor of the Building, as established by Landlord from time to timeexcept that, in effect if Tenant did not exercise the adjustment option under Section 2.1.1 of this Lease, then the Expansion Premises may, at Landlord’s option, be located on the time of Landlord's notice. Landlord shall provide Tenant written notice second (2nd) floor of the availability of the Option SpaceBuilding. For purposes hereof, and Tenant shall have fifteen (15) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease is in full force and effect. Landlord and Tenant agree and acknowledge that Tenant has received notice the fourth (4th) floor of the availability Building consists of the 4,865 47,950 square foot First Expansion Space and the 2,993 square foot and 4,618 square foot former CSM Corporation space depicted on REVISED EXHIBIT B."feet of Rentable Floor Area.

Appears in 1 contract

Samples: Work Agreement (Mimecast LTD)

Expansion Option. During (a) Subject to the term terms and conditions of this Section 2.5 and subject to the Leasepre-existing rights of Transystems, Inc., as shown on Exhibit FO, Tenant shall have the option right to lease space contiguous to expand the Premises ("Option Space")to include 16,640 rentable square feet of space on the first floor of the Building, in the "As Is" conditionlocation shown on Exhibit FP-1 (“Expansion Premises”), as it becomes available during the term of the Lease, at the market base rent for the Building, as established by Landlord from time to time, in effect at the time of Landlord's notice. Landlord shall provide Tenant written notice of the availability of the Option Space, provided and Tenant shall have fifteen on condition that (15i) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease is in full force and effect, (ii) no Default of Tenant shall have occurred and be continuing (either at the time of exercise or at upon the Expansion Premises Commencement Date), (iii) Tenant shall not have assigned this Lease or vacated or sublet more than 20,000 rentable square feet in the Premises, other than in connection with a transfer for which Landlord’s consent is not required under Article VI (any of which conditions described in clauses (i), (ii), and (iii) may be waived by Landlord at any time in Landlord’s sole discretion). If Tenant shall give Landlord and Tenant agree and acknowledge written notice no later than the date that Tenant has received notice is twelve months after the date of this Lease electing to so expand the Premises, then Landlord shall deliver possession of the availability Expansion Premises to Tenant on the Expansion Premises Commencement Date (as defined below). If Tenant shall fail to timely deliver such notice electing to so expand the Premises, Tenant shall be deemed to have waived such right, and Landlord shall thereafter be free to lease all or any portion of the 4,865 square foot First Expansion Space Premises to such parties and on such terms as Landlord shall determine in its sole discretion, subject to the 2,993 square foot and 4,618 square foot former CSM Corporation space depicted on REVISED EXHIBIT B."provisions of Section 2.6 below.

Appears in 1 contract

Samples: Lease (First Marblehead Corp)

Expansion Option. During On or before April 30, 2024 (the term of the Lease“Expansion Option Period”), Tenant shall have the option to lease space contiguous expand the Premises to include any one or more of the following full floor east or west increments (the “Potential Expansion Space Increments”) if and to the Premises extent that the applicable Potential Expansion Space Increment is then Available ("Option Space"as defined below), provided that Landlord shall ensure that at least one of the following Potential Expansion Space Increments is then Available: (i) Suite 500W, consisting of approximately 15,267 rentable square feet located on the fifth (5th) floor of the West Wing of the Building (the “5W Increment”), (ii) Suites 300E and 301E, collectively, consisting of approximately 15,969 rentable square feet in the "As Is" conditionaggregate on the third (3rd) floor of the East Wing of the Building (the “3E Increment”), and/or (iii) Suite 200W, consisting of approximately 10,514 rentable square feet on the second (2nd) floor of the West Wing of the Building (the “2W Increment”); subject to the terms and conditions hereof (the “Expansion Option”). If Tenant desires to lease any of the Potential Expansion Space Increments, Tenant shall deliver written notice thereof (“Tenant’s Availability Request XE “Tenant’s Expansion Notice” ”) to Landlord on or before the expiration of the Expansion Option Period. Within two (2) Business Days after receipt of Tenant’s Availability Request, Landlord shall notify Tenant in writing (“Landlord’s Availability Notice”) of all Potential Expansion Space Increments that are then Available, provided that at least one (1) of the Potential Expansion Space Increments must be Available, and the date(s) on which Landlord anticipates delivering possession of the applicable Potential Expansion Space Increment to Tenant free of any occupants (as applicable, the ”Anticipated Delivery Date”), which Anticipated Delivery Date(s) shall not occur prior to September 1, 2024. If Tenant desires to lease any Potential Expansion Space Increments listed as Available on Landlord’s Availability Notice, Tenant shall deliver written notice thereof (“Tenant’s Expansion Notice”) within ten (10) days after Xxxxxx’s receipt of Landlord’s Availability Notice. Tenant’s Expansion Notice must identify which of the Available Potential Expansion Space Increments it becomes available is electing to lease (each Available Increment elected by Tenant, the applicable “Expansion Space”). For purposes of this Section 1, a Potential Expansion Space Increment shall be considered “Available” if no part of such Potential Expansion Space Increment is subject to any new lease entered into after the Lease Date or any letter of intent or mutually agreed upon terms and conditions by Landlord and a third party evidenced by a term sheet or lease proposal concerning the possible lease of such Potential Expansion Space Increment, it being acknowledged and agreed that Landlord shall have the right to market the Potential Expansion Space Increments and to negotiate and enter into any lease proposals or leases therefor with any third party, provided that, upon Tenant’s written request, Landlord shall use reasonable efforts to keep Tenant apprised of any prospective leasing of any portion of the Potential Expansion Space Increments during the term Expansion Option Period, and provided further that at least one (1) of the Potential Expansion Space Increments must be Available to lease to Tenant pursuant to the terms hereof during the Expansion Option Period. If Tenant timely delivers Tenant’s Expansion Notice, then (A) Landlord shall use commercially reasonable efforts to deliver possession of the applicable Expansion Space to Tenant by the applicable Anticipated Delivery Date, subject to any existing tenant vacating the same by such date, (B) Tenant’s leasing of each Expansion Space shall be on all of the same terms and conditions of the Lease, at the market base rent for the Building, as established by Landlord from time to time, in effect at the time of Landlord's notice. Landlord shall provide Tenant written notice of the availability of the Option Space, and Tenant shall have fifteen (15) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease is in full force and effect. Landlord and Tenant agree and acknowledge that Tenant has received notice of the availability of the 4,865 square foot First Expansion Space and the 2,993 square foot and 4,618 square foot former CSM Corporation space depicted on REVISED EXHIBIT B."except that:

Appears in 1 contract

Samples: Office Lease Agreement (Sage Therapeutics, Inc.)

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Expansion Option. During Subject to the term provisions of this Section 1(c) ---------------- and all Legal Requirements and Private Restrictions, Landlord grants to Tenant the right, option and privilege to expand the Original Premises on not more than three (3) separate occasions by adding up to an additional total of Five Hundred Thirty-Two Thousand Two Hundred Twenty-Four (532,224) square feet as provided by this Section 1(c); provided, however, that no single expansion shall increase the square footage of the LeaseBuilding by less than One Hundred Fifty Thousand (150,000) square feet (in each case, Tenant `Expansion Option'). Landlord's duty to grant the Expansion Option, acquire the Expansion Land (as such term is defined below in this Section 1(c)(3)) and construct the Expansion Space (as such term is defined in Section 1(c)(4)), all as provided in this Section 1(c), shall be subject to the occurrence of the following condition precedent: "Landlord shall have the option acquired, pursuant to lease space contiguous to the Premises ("Option Space"), in the "As Is" condition, as it becomes available during the term one or more of the Lease, at the market base rent for the Building, Real Estate Agreements or pursuant to such other purchase or option agreements as established by Landlord from time may be reasonably acceptable to time, in effect at the time of Landlord's notice. Landlord shall provide Tenant written notice of the availability of the Option Space, and Tenant shall have fifteen (15) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease is in full force and effect. Landlord and Tenant agree and acknowledge (including, without limitation, at a price not greater than that Tenant has received notice set forth in the Real Estate Agreements) (in each case, `Expansion Contract'), all or a portion of the availability land shown on the attached Exhibit `A-2,' which land (or portion thereof) is sufficient to accommodate the construction of the 4,865 square foot First Expansion Space Premises (as such term is defined in Section 1(c)(4) hereof) pursuant to the Expansion Option then being exercised (in each case, `Expansion Land'). The Original Land and any Expansion Land are together hereinafter referred to as the 2,993 square foot `Land." For all purposes of this Lease, the Expansion Land shall be deemed to be sufficient to accommodate the construction of the Expansion Premises if, and 4,618 square foot former CSM Corporation space depicted on REVISED EXHIBIT B."only if, such construction can be commenced and completed hereon in a commercially reasonable fashion, and in accordance with all Legal Requirements and all Private Restrictions.

Appears in 1 contract

Samples: Lease Agreement (West Marine Inc)

Expansion Option. During the term of the Lease, Tenant shall have the option to lease space contiguous to the Premises ("Option Space"), in the "As Is" condition, as it becomes available during the term of the Lease, at the market base rent for the Building, as established by Landlord from time to time, in effect at the time of Landlord's notice. Landlord shall provide Tenant written notice of the availability of the Option Space, and Tenant shall have fifteen (15) days from receipt of Landlord's availability notice within which to forward written notice to Landlord of Tenant's irrevocable intent to lease that part of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following the date the Option Space actually becomes available, and expiring coterminous with the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under Provided this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease Sublease is in full force and effecteffect and subject to the terms hereof, Subtenant shall have the ongoing option (the “Expansion Option”) to expand into that certain space in the 12790 Building known as Suite 100 and shown on Exhibit F attached hereto (“Expansion Space”) upon all of the same terms and conditions as the Subleased Premises. Landlord and Tenant agree and acknowledge that Tenant has received In the event Subtenant wishes to exercise the Expansion Option, Subtenant shall provide Sublandlord with written notice of the availability Subtenant’s desire to exercise of the 4,865 square foot First Expansion Option (the “Expansion Notice”), and, provided the Expansion Option Conditions (defined below) are satisfied and Prime Landlord has provided its written consent, the Subleased Premises shall be expanded to include the Expansion Space, subject to the following: (1) the Base Rent payable for and other economic terms applicable to the Expansion Space shall be at the same Base Rent rate and upon the same economic terms (prorated as of the commencement date for such Expansion Space) then in effect for the Subleased Premises as of the commencement date for such Expansion Space and shall escalate at the 2,993 square foot same time and 4,618 square foot former CSM Corporation space depicted at the same rate as the Base Rent for the Subleased Premises; (2) Subtenant shall accept the Expansion Space vacant and broom clean, but otherwise in its “as is” condition; (3) the sublease term applicable to Expansion Space shall be coterminous with the Term for the Subleased Premises and (4) Base Rent for Expansion Space shall be subject to abatement on REVISED EXHIBIT B."the same terms and conditions as provided in Section 6(d) below; provided that the length of the Abatement Period shall be prorated as of the commencement date for the Expansion Space based on the length of the Sublease Term as to the Expansion Space (e.g., if the Term of the Sublease as to the Expansion Premises is 60% of the original Term of this Sublease, then the Abatement Period for the Expansion Space shall be 4.2 months (60% of 7 months))and (5) provided Prime Landlord has provided its written consent, upon Subtenant’s exercise of the Expansion Option pursuant to this section, the parties shall execute an amendment to this Sublease reflecting the terms set forth herein. For purposes of this Sublease, the term “Expansion Option Conditions” shall mean: i) no Event of Default has occurred and is then continuing at the time Subtenant delivers the Expansion Notice; (ii) Subtenant has not assigned the Sublease nor subleased all or a part of the Sublease Premises (other than to a Permitted Transferee); (iii) Sublandlord did not deliver a ROFR Notice to Subtenant for which Subtenant did not provide an Acceptance Notice.

Appears in 1 contract

Samples: Sublease Agreement (Ventyx Biosciences, Inc.)

Expansion Option. During the term 21.1 Provided that Tenant has not sublet more than one (1) full floor of the LeaseDemised Premises; then, between (and including) the sixty-third (63rd) and seventh-fifth (75th) months of the Lease Term, Tenant shall have the option one time right to lease space between 10,000 square feet of Rentable Area and a full floor in the Building (the “Expansion Space”) which shall be offered in writing to Tenant by Landlord. The exact size, location, and configuration of the Expansion Space shall be as reasonably determined by Landlord, provided that the Expansion Space shall be contiguous to the Premises Demised Premises. The Expansion Space shall be offered to Tenant in writing at ("Option Space"), in the "As Is" condition, as it becomes available during the term i) One Hundred Percent (100%) of the Lease, at the market base rent Prevailing Market Rate for the Building, as established by Landlord from time to time, Base Annual Rent and Additional Rent in effect at the time the Expansion Space is offered to Tenant, (ii) One Hundred Percent (100%) of Landlord's noticethe fair market concessions in effect at the time the Expansion Space becomes available, including, without limitation, fair market buildout allowance and a reasonable buildout time of not less than ninety (90) days, in the case of space less than 15,000 square feet and One Hundred Twenty (120) days in the case of space in excess of 15,000 square feet following the date such space is delivered to Tenant, and (iii) for a term co-terminus with the Term for the remainder of the Demised Premises (subject to extension along with the Term for the original Demised Premises in the event Tenant properly exercises any Renewal Options). Landlord shall provide Tenant send written notice to Tenant (the “Expansion Notice”) before the last day of the availability fifty-first (51st) month of the Option Lease Term (but not before the forty-fourth (44th) month of the Lease term) setting forth (a) a description of the Expansion Space being offered, including a diagram thereof; (b) the date the Expansion Space is available for lease by Tenant (which must be between the dates set forth in the first sentence of this Section) (the “Availability Date”); and (c) Landlord’s good faith determination of the Base Annual Rent, Additional Rent and other market concessions, all calculated on a per square foot of Rentable Area basis. Tenant shall have ten (10) business days in which to accept in writing Landlord’s offer for the entire Expansion Space (which Expansion Space shall not be less than 10,000 square feet of Rentable Area), time being of the essence. If Tenant fails to accept Landlord’s offer within the time specified, Landlord shall have no further obligation to Tenant with respect to any of such space except as set forth in Section 22 hereof. In the event Tenant accepts Landlord’s offer for the entire Expansion Space within the time specified, Tenant agrees to accept the Expansion Space in its “as is” condition at the time it is delivered to Tenant, but with Landlord’s Delivery Work done provided that the Expansion Space is delivered with the Systems servicing the premises in good working order and condition, and with all Hazardous Substances removed or encapsulated as described in Exhibit E with respect to the Expansion Space. If Tenant accepts Landlord’s offer for the expansion space, but disputes the amount of Base Annual Rent and other concession offered by Landlord, Landlord and Tenant shall have fifteen negotiate in good faith to determine such amounts for a period of thirty (1530) days from receipt days, and if they are unable to agree, then the Base Annual Rent and market concessions for the Expansion Space shall be determined in using the procedure set forth in Article 19 for determination of the Prevailing Market Rate. Once Tenant has accepted the Expansion Space, then the Tenant shall execute an amendment to this Lease evidencing the terms and conditions for the leasing of the Expansion Space. Landlord makes no representation that any carpeting or special improvements present in the additional space prior to the time the previous occupant vacates the space will remain for Tenant’s use. This Expansion Option is contingent on Tenant not having been in default (of which Landlord had previously given Tenant notice) of any of the terms or conditions of this Lease at the time of Landlord's availability notice within which to forward written notice to Landlord ’s offer, at the time of Tenant's irrevocable intent to lease that part ’s acceptance of the Option Space described in Landlord's availability notice, with a term commencing no later than sixty (60) days following ’s offer and thereafter through the date the Option Space actually becomes available, and expiring coterminous with on which the term of the Lease. In the event that Tenant fails to exercise its option rights described herein, Tenant's option rights shall be null and void. Tenant and Landlord agree that the expiration and renewal of an existing tenant's lease shall not trigger Tenant's rights under this section, and a condition of Tenant's option right shall be that Tenant is not in default under Section 11 of the Lease and that the Lease is in full force and effect. Landlord and Tenant agree and acknowledge that Tenant has received notice of the availability of the 4,865 square foot First Expansion Space and the 2,993 square foot and 4,618 square foot former CSM Corporation additional space depicted on REVISED EXHIBIT B."commences.

Appears in 1 contract

Samples: Lease (Corporate Executive Board Co)

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