Common use of Extension Option Clause in Contracts

Extension Option. 54.1. So long as Tenant is not in default under this Lease, Tenant shall have an option to extend the Term of this Lease for two (2) additional periods of five (5) years each (each a "Renewal Period"). The option for each such additional 5-year Renewal Period term may be exercised by Tenant only by written notice (the "Extension Exercise Notice") given to Landlord not later than the date which is at least fifteen (15) months prior to the expiration of the Term, in the case of the first 5-year option, and at least fifteen (15) months prior to the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that Tenant exercises the option to extend the Term in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Period.

Appears in 2 contracts

Samples: Termination Agreement (American Management Systems Inc), Termination Agreement (American Management Systems Inc)

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Extension Option. 54.1. So long as Section 32.01 (a) Provided that at the time of the exercise of the Extension Option (herein defined): (i) this Lease shall not have been terminated; (ii) Tenant is shall not be in monetary default or material non-monetary default under this LeaseLease beyond any applicable notice and cure period; and (iii) Tenant is in occupancy of at least seventy-five percent (75%) of the rentable area of the Premises that is being renewed, Tenant shall have an the option (the “Extension Option”) to unconditionally extend the Term Term, as it relates to all or any portion of this Lease for the Premises that constitutes a contiguous block of two (2) additional periods full floors starting at the top or bottom of the Premises for either one five (5) years each year period or one ten (each a "Renewal Period"10) year period (but not both), commencing on the day after the Expiration Date and ending on the fifth (5th) anniversary or the tenth (10th) anniversary of the Expiration Date, as the case may be (the “Extended Term”). The option for each such additional 5-year Renewal Period term may be exercised by Tenant only shall exercise the Extension Option by written notice (the "Extension Exercise Notice") given to Landlord not given no later than the date which is at least fifteen (15) months prior to the expiration of the Term, in the case of the first 5-year option, Expiration Date (TIME BEING OF THE ESSENCE as to such date) and at least fifteen (15) months prior to the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that once Tenant exercises the option to extend Extension Option, Tenant may not thereafter revoke such exercise. If any of the Term conditions set forth in accordance with clauses (i) through (iii) above are not fulfilled at the provisions hereofapplicable time, the Term Extension Option shall be extended accordinglyvoid and of no further force or effect and Tenant shall have no further Extension Option. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent Landlord shall, within ten (50%10) business days after Landlord’s receipt of the Rentable Area of notice from Tenant exercising the Centerpointe I Building in Extension Option give Tenant a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for notice specifying the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Periodreasons, if any, Landlord shall grant to Tenant a reasonable refurbishment allowance in is rejecting Tenant’s exercise of such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal PeriodExtension Option.

Appears in 2 contracts

Samples: Warner Music Group Corp., Lease (Warner Music Group Corp.)

Extension Option. 54.1. So long as Tenant is not in default under this Lease, Tenant shall have an The option to extend the Term term of this the Existing Lease for two set forth in Section 57 of the Existing Lease, as amended hereby, shall apply to the Second Expansion Premises; provided, however, that Lessee may elect to exercise such option with respect to either (2a) additional periods of five the Expansion Premises, the First Expansion Premises and the Second Expansion Premises (5both the Suite 208 Expansion Premises and the Suite 210 Expansion Premises), or (b) years each only the Original Premises and the Second Expansion Premises (each a both the Suite 208 Expansion Premises and the Suite 210 Expansion Premises), which election must be made in the notice by which Lessee exercises such option ("Renewal PeriodExtension Notice"). The For the avoidance of doubt, if Lessee elects either option for each above, the Second Expansion Premises must be included. If the Extension Option does not include such additional 5-year Renewal Period term may election, such notice shall be exercised by Tenant only by written notice deemed Lessee's election to exercise such option with respect to the Original Premises, the First Expansion Premises and the Second Expansion Premises. Notwithstanding anything in the Existing Lease to the contrary, Lessee is required to provide Lessor with the Extension Notice a minimum of nine (the "Extension Exercise Notice") given to Landlord not later than the date which is at least fifteen (159) months prior to the expiration of the Term, Existing Premises Expiration Date; and in the case of the first 5-year option, and at least fifteen no event shall notice be considered by Lessor earlier than twelve (1512) months prior to the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal PeriodExisting Premises Expiration Date unless othe1wise agreed to by Lessor. In the event that Tenant exercises Lessee decides to exercise the Extension Option, the extended term for the portion of the Premises with respect to which Lessee has exercised the option shall be measured from the Existing Premises Expiration Date. All other provisions of the option to extend the Term set forth in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) Section 57 of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Existing Lease shall be construed to include remain the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Periodsame.

Appears in 1 contract

Samples: Lease (INPHI Corp)

Extension Option. 54.1. So long as Tenant is not in default under this Lease, Tenant shall have an the option (herein, the “Extension Option”) to extend the Term term of this Lease for two (2) an additional periods term of five (5) years each (each a "Renewal Period"). The option for each such additional herein, the “Extension Term”) to commence on the day following the Expiration Date and to terminate five (5-year Renewal Period term may be exercised by Tenant only by written notice (the "Extension Exercise Notice") given to Landlord not later than the date which is at least fifteen (15) months prior to the expiration of the Termyears thereafter, in the case of the first 5-year option, and at least fifteen (15) months prior to the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event provided that Tenant exercises the option to extend the Term is not in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum default of any provision of this Lease and has not subleased more than fifty percent (50%) of the Rentable Area area of the Centerpointe I Building in a contiguous block Premises during any portion of space and the two (2) Lease Years prior to the Expiration Date. Such extension shall be for no less than one-half of any particular floor. Tenant's extension option for upon the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the same terms and conditions of as contained in this Lease except that (i) the Monthly Rent shall be the “Fair Market Rent” as of the date of “Tenant’s Notice” (as hereinafter defined), determined pursuant to Section 30.2; (ii) there shall be no Landlord’s Work, Tenant Improvement Allowance, free rent or other related concessions granted for such extension; (iii) the Base Year for Operating Expenses shall be the calendar year in effect immediately which the Extension Term commences; (iv) the Base Year for Taxes shall be the calendar in which the Extension Term commences; and (v) there shall be no further option to extend. In order to exercise the Extension Option, Tenant shall give notice to Landlord (“Tenant’s Notice”) of such exercise not later than twelve (12) months prior to the respective Renewal Period Expiration Date, time being of the essence. In order for Tenant’s exercise to be effective, at the time it gives such Tenant’s Notice and at the time the Extension Term is to commence, there shall equally pertain in all respects not, at Landlord’s option, be an outstanding Event of Default under this Lease. If Tenant fails to exercise its Extension Option within the respective Renewal Period. All references in this Lease to time period provided herein, said time being of the Term of this Lease essence, Tenant shall be construed deemed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant have waived its Extension Option without any further notice from Landlord and Landlord shall not have the right be free to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Periodlease such space upon such terms as Landlord may elect in its sole discretion.

Appears in 1 contract

Samples: Office Lease (Fitbit Inc)

Extension Option. 54.1. So long as Provided (i) no Default of Tenant has occurred and is not in default under continuing hereunder (Tenant acknowledging that, notwithstanding anything to the contrary contained herein or otherwise implied by this Lease, Landlord has no obligation to accept any cure following the expiration of applicable cure periods), (ii) the original named Tenant shall have (or an option assignee of Tenant permitted without Landlord’s consent pursuant to Section 7.7 hereof) is occupying at least 65% of the Premises then demised hereunder both on the date such notice is given and on the commencement date of the Extension Term and (iii) Tenant provides Landlord with a replacement Letter of Credit (or an amendment to the then-existing Letter of Credit) with an outside expiration date no earlier than sixty (60) days following the expiration of the applicable Extension Term, Tenant may elect to extend the Lease Term of this Lease for two (2) additional periods of consecutive five (55)- year periods (each, an “Extension Term”) years each (each a "Renewal Period"). The option for by giving Landlord irrevocable notice of each such additional 5-year Renewal Period term may be exercised by Tenant only by written notice election (the "an “Extension Exercise Notice") given to Landlord not no later than the date which is at least fifteen eighteen (1518) months months, and no earlier than twenty- four (24) months, prior to the expiration of the initial Lease Term (or first Extension Term, in the case as applicable). Such extension shall be upon all of the first 5-year optionsame terms, covenants, and conditions contained in this Lease, except that (a) Tenant shall have no further right to extend the Lease Term (other than, during the first Extension Term, the right to extend the Lease Term for the second Extension Term), (b) the Base Rent for (i) the first Extension Term shall be at least fifteen a rate of $365,673.93 per month, and (15ii) months prior the second Extension Term shall be at a rate equal to the expiration Fair Market Rent (as defined below) as of the first Renewal Period (each an "Option Exercise Date"), in the case commencement date of the second Renewal Period. In Extension Term, and (c) Landlord shall have no obligation to make or pay for any improvements to the event that Tenant exercises the option Premises or Building or to extend the Term in accordance with the provisions hereofpay any allowances, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half brokerage commissions or inducements of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Periodkind.

Appears in 1 contract

Samples: Possession and Attornment Agreement (LogMeIn, Inc.)

Extension Option. 54.1. So long as Tenant Section 37 of the Lease is not in default under this Lease, amended by deleting the first paragraph thereof and substituting therefor the following: “Tenant shall have an the option (the “Extension Option”) to extend the Term of this Lease for two (2) additional periods of five (5) years each with respect to all of the Premises or with respect to only the portion of the Premises located on the third (each a "Renewal Period")3rd) floor of the Building consisting of 33,224 rentable square feet. The option for each such additional 5-year Renewal Period term may be exercised by Tenant’s right to exercise its Extension Option is conditioned upon (a) no Default of Tenant only by written notice (the "Extension Exercise Notice") given to Landlord not later than existing on the date which of exercise or the date the Extension Term is at least fifteen to commence, (15b) months prior this Lease being in full force and effect and (c) Monotype Imaging Holdings Inc. (or Affiliate to whom the expiration Lease has been assigned pursuant to Section 9.2 of the Term, in the case Lease) occupying no less than 50% of the first 5-year optionPremises from the New Premises Commencement Date on the date of its exercise of such Extension Option and the date on which the Extension Term is to commence. If Tenant exercises its Extension Option, and at least fifteen (15) months prior to then the expiration portion of the first Renewal Period (each an "Option Exercise Date"), in Term preceding the case originally scheduled Termination Date shall be referred to as the “Initial Term,” and the portion of the second Renewal Period. In Term from and after the event that Tenant exercises originally scheduled Termination Date shall be referred to as the option to extend the Term in accordance with the provisions hereof, the “Extension Term.” The Extension Term shall be extended accordingly. Tenant's extension option for upon all the first Renewal Period same terms, covenants and conditions as the Initial Term, except (i) as to Annual Rent and Monthly Installment of Rent, which shall be for a minimum of fifty percent determined as set forth in Section 37.2, and (50%ii) of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for that on the second Renewal Period extended term Tenant shall be for one hundred percent (100%) of the space for which Tenant exercised the have no further extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be rights unless otherwise expressly provided herein or hereafter agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Periodwriting by Landlord.

Appears in 1 contract

Samples: Assignment And (Monotype Imaging Holdings Inc.)

Extension Option. 54.1. So long as Tenant is not in default under this LeaseSubject to the other provisions hereof, Tenant shall have an may at its option to extend the Term of this Lease for two one (21) additional periods period of five (5) years each (each a "Renewal Period")years. The option for each such additional Such 5-year period is called the “Renewal Period term may Term”. The Renewal Term shall be exercised by upon the same terms contained in this Lease excluding the provisions of Exhibit D of this Lease and except that the payment of Base Rent during the Renewal Term shall be at the Market Rate as provided in paragraph 39 of this Lease. Upon Tenant’s exercise of the Renewal Term as provided herein, any reference in the Lease to the “Term” of the Lease shall be deemed to include the Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant only by written shall have no additional extension options. To exercise such Renewal option, Tenant must deliver a binding notice (the "Extension Exercise Notice") given to Landlord not later less than the date which is at least fifteen twelve (1512) months prior to the expiration of the Terminitial Term of this Lease. If Tenant fails to timely give its notice of exercise, Tenant will be deemed to have waived its option to extend. Tenant’s option to extend this Lease is subject to the conditions that: (i) on the date that Tenant delivers its binding notice exercising an option to extend, Tenant is not in the case of the first 5-year option, and at least fifteen (15) months prior to default under this Lease after the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that Tenant exercises the option to extend the Term in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space any applicable notice and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction withcure periods, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. (ii) Tenant shall not have assigned the right Lease or sublet any portion of the Premises. EXHIBIT “J” LETTER OF CREDIT [Letterhead of Financial Institution] IRREVOCABLE LETTER OF CREDIT No. , 2000 BC Plaza II/III, Ltd. as Landlord under the Lease referred to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Period.below c/o Xxxxxxxx Xxxx Company 000 Xxxxxxxx Xxxxxx, Xxxxx 0000 Xxxxxx, Xxxxx 00000 Attention: Xxxx X. Xxxxx Gentlemen:

Appears in 1 contract

Samples: Lease Agreement (Sigmatel Inc)

Extension Option. 54.1. So long as Tenant is not in default under this Lease, Tenant shall have an option to extend the Term The term of this Lease shall expire on the last day of the month preceding the Fifth Anniversary of the Commencement date or if the Lease is extended as set forth below, the Tenth Anniversary of the Commencement Date. In the event TENANT has performed all of the terms, conditions, and covenants of this Lease which are required of it, then TENANT is hereby granted an option for two (2) additional periods of a five (5) years each (each a "Renewal Period")year extension from the day of the Fifth Anniversary of the Commencement Date through the last day of the month preceding the Tenth Anniversary of the Commencement Date. The option for each such additional 5-year Renewal Period term may shall be exercised by Tenant only TENANT notifying LANDLORD in writing by written notice (the "Extension Exercise Notice") given to Landlord not later than the date which is certified or registered mail at least fifteen ninety (1590) months prior to days before the expiration Fifth Anniversary of the Term, in the case Commencement Date of the first 5-year its intention to exercise such option, and at least fifteen (15) months prior to the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that Tenant exercises If the option to extend is not exercised as herein provided for, then the Term in accordance with option right is being waived and the provisions hereof, the Term Lease shall be extended terminate accordingly. Tenant's extension If said option for the first Renewal Period shall be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Articleis exercised, all of the terms terms, conditions, and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term covenants of this Lease shall prevail and be construed to include binding upon the applicable Renewal Period, unless parties for the context clearly indicates that another meaning is intendedextended period. Tenant shall not have the right to exercise The annual base rental for the extension option period shall be $45,885.00 ($15.00 sq. ft.) payable as set forth in this Lease with such additional rent as is provided for the second Renewal Period unless Tenant had previously exercised in this Lease. The breakpoint for Percentage Rental payable by TENANT during each Lease Year of the extension option for period shall begin upon the first Renewal PeriodGross Sales of the TENANT from the Leased Premises reaching One Million Five Hundred Twenty Nine Thousand Five Hundred (1,529,500.00) Dollars ($500.00/sq. ft.) breakpoint. Thereafter TENANT shall pay three percent (3%) of Gross Sales above this amount to LANDLORD.

Appears in 1 contract

Samples: Lease Agreement (Dm Management Co /De/)

Extension Option. 54.1Tenant shall continue to have the right to the “Extension Option,” as defined and provided in Article 38 of the Original Lease, Section 11 of the First Amendment, Section 10 of the Second Amendment, and Section 15 of the Third Amendment, which Extension Option may be exercised with respect to the Current Premises only. So long as Provided Tenant has not assigned this Lease or sublet the Premises or any portion thereof, and provided that Tenant is not in default under this Leasethe Lease beyond any applicable notice and cure periods at the time of exercise or at any time thereafter until the beginning of the extension Term, Landlord hereby grants to Tenant shall have an the option to extend the Suite 505 Expansion Premises Term of this Lease (the “Suite 505 Expansion Premises Option”) for two one (21) additional periods consecutive period of five (5) years each (each a "Renewal the “Suite 505 Expansion Premises Extension Period")”) for the Suite 505 Expansion Premises only. The option for each such additional 5-year Renewal Period term may Tenant’s exercise of the Suite 505 Expansion Premises Option shall be exercised in accord with Section 38.1 of the Original Lease, and Tenant shall exercise the Suite 505 Expansion Premises Option by Tenant only by giving written notice (the "Extension Exercise Notice") given to Landlord not later than the date which is at least fifteen ten (1510) months prior to the expiration of the Suite 505 Expansion Premises Term, in the case of the first 5-year option, and at least fifteen (15) months prior to the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that Tenant exercises the option to extend the Term in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for ’s Base Rent during the first Renewal Suite 505 Expansion Premises Extension Period shall be for a minimum of fifty percent (50%) equal to the Fair Market Base Rental to be determined pursuant to Section 38.2 of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floorOriginal Lease. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior Notwithstanding anything to the respective Renewal Period shall equally pertain contrary in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intendedforegoing. Tenant shall not have the right to exercise the extension option its Extensions Options for the second Renewal Period unless Current Premises and the Section 505 Expansion Premises if and only if, Tenant had previously exercised the extension option exercises its Extension Options for the first Renewal Periodgreater of: (a) 15,218 rental square feet, which is the total square footage of the Premises as of the date of this Amendment; or (b) the number of rental square feet currently occupied by Tenant within the Building.

Appears in 1 contract

Samples: Lease Agreement (Rockley Photonics Holdings LTD)

Extension Option. 54.1. So long as Tenant is not in default under this Lease, Tenant shall have an the option (the “Extension Option”) to extend the Term of this Lease for all the Premises for two (2) additional periods extension terms of five (5) years each (the “First Extension Term” and “Second Extension Term” respectively and each a "Renewal Period"an “Extension Term”). The option If Tenant validly exercises an Extension Option in accordance with this Section 2.2.1, the First Extension Term shall commence on the day following the initial Expiration Date and shall end on the fifth (5th) anniversary of such Expiration Date unless the Extension Term is earlier terminated pursuant to this Lease and the Second Extension Term shall commence on the day following the expiration of the First Extension Term and shall end on the fifth (5th) anniversary of such expiration date unless the Second Extension Term is earlier terminated pursuant to this Lease. Each Extension Term shall commence only if: (i) Tenant has notified Landlord in writing of its exercise of the right to extend the term for each such additional 5-year Renewal Period term may be exercised by Tenant only by written notice the Extension Term (the "an “Extension Term Exercise Notice") given no earlier than eighteen (18) months prior to Landlord not and no later than the date which is at least fifteen fourteen (1514) months prior to the expiration then current Expiration Date, time being of the Termessence, in (ii) at the case time of the first 5-year option, exercise of such right and at least fifteen (15) months prior to the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that Tenant exercises the option to extend the Term in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period Expiration Date, no Event of Default shall equally pertain be continuing hereunder; (iii) the Tenant named herein or its Permitted Transferees shall be in all respects occupancy of the entire Premises at the time such notice is given; and (iv) with respect to the respective Renewal PeriodSecond Extension Term only, Tenant shall have validly exercised its right to extend the term for the First Extension Term. All references Within thirty (30) days after receipt of a properly delivered Extension Term Exercise Notice, Landlord shall advise Tenant in this writing of its determination of the Fair Market Rent and Lease to Concessions for the Extension Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended(“Extension Term Rent Notice”). Tenant shall not have may rescind its Extension Term Exercise Notice by written notice delivered to Landlord within thirty (30) days after receipt of Landlord’s Extension Term Rent Notice, time being of the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Periodessence.

Appears in 1 contract

Samples: Office Lease (Cision Ltd.)

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Extension Option. 54.1. So long as (a) Provided no Event of Default then exists and Tenant is not in default under this Leasethen occupying for the conduct of Tenant’s business at least 95% of the Premises, Tenant shall have an option two (2) successive rights to extend the Term of this Lease (“Extension Option”) beyond the Initial Term for two 10 additional years in the aggregate (2each, an “Extension Term”) additional periods of five (5) years each (each by delivering to Landlord a "Renewal Period"). The option for each such additional 5-year Renewal Period term may be exercised by Tenant only by written extension election notice (the "each, an “Extension Exercise Notice") given to Landlord not no later than the date which is at least fifteen (15) 12 months prior to the expiration of the Term, in the case of the Initial Term or first 5-year option, and at least fifteen Extension Term (15) months prior to the expiration of the as applicable). The first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that Tenant exercises the option to extend the Extension Term in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) of term not less than 3 years and not greater than 7 years and the Rentable Area of the Centerpointe I Building in a contiguous block of space and second Extension Term shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) a term of the space for which Tenant exercised the extension option during difference of (i) 10 years less (ii) the first Renewal PeriodExtension Term. Upon Tenant shall specify in Tenant’s Extension Exercise Notice the commencement length of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of applicable Extension Term consistent with the terms and conditions of this Lease in effect immediately prior Section. If Tenant exercises the Extension Option for the first Extension Term, Tenant shall have no obligation to exercise the respective Renewal Period shall equally pertain in all respects to Extension Option for the respective Renewal Periodsecond Extension Term. All references in this Lease to the Term The terms and conditions of this Lease during the Extension Term shall remain unchanged, except the annual Fixed Rent for the applicable Extension Term shall be construed the Extension Rent (as defined below), and the Expiration Date shall be the last day of such Extension Term. Notwithstanding anything to include the applicable Renewal Periodcontrary in this Lease, unless the context clearly indicates that another meaning is intended. Tenant shall not have the no right to exercise extend the extension option for Term other than or beyond the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal PeriodExtension Options described in this Section 27.

Appears in 1 contract

Samples: Lease (Safeguard Scientifics Inc)

Extension Option. 54.1. So long as Tenant is not in no default under this Lease, Tenant shall have an option to extend the Term of this Lease for two on the part of Landlord has occurred and is continuing on the date of the delivery of the Extension Notice or the Base Term Expiration Date, Landlord shall have the one-time right and option (2the “Extension Option”), exercisable upon (a) additional periods of five (5) years each (each a "Renewal Period"). The option for each such additional 5-year Renewal Period term may be exercised by Tenant only by written notice (the "Extension Exercise Notice") given to Landlord Tenant not later than the date which is at least fifteen twelve (1512) months prior to the scheduled expiration of the Base Term, to extend the Base Term by a period (the “Extension Term”) of not less than one (1) month, and not more than twelve (12) months, as such Extension Term is specified by Landlord in such Extension Notice (the date on which the Extension Term is scheduled to end is the “Extension Term Expiration Date”), and (b) payment to Tenant of an amount (the “Extension Fee”) equal to the number of months in the case Extension Term (as specified by Landlord in its Extension Notice) multiplied by $583,333.33, which Extension Fee shall be prorated for any partial months and shall be paid as follows: (i) one-half of the first 5-year option, and at least fifteen (15) months prior Extension Fee shall be paid to the expiration Tenant concurrently with delivery of the first Renewal Period Extension Notice and (each an "Option Exercise Date"), in the case ii) one-half of the second Renewal PeriodExtension Fee shall be paid to Tenant in equal monthly installments, commencing on the first day of the calendar month after the Extension Notice is delivered and on the first day of each calendar month thereafter until the Base Term Expiration Date. In the event that Landlord fails to timely pay Tenant exercises any monthly portion of the option to extend Extension Fee, Tenant may offset the Term in accordance with the provisions hereofamount of such fee from its next payment of monthly Rent. If so extended, the Base Term shall be extended accordingly. Tenant's extension option for to the first Renewal Period shall be for a minimum of fifty percent (50%) end of the Rentable Area of Extension Term and Tenant shall continue to lease the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant Premises pursuant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to including the respective Renewal Period provisions of Article 2 and Section 5.10; provided, however, that Landlord shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the no further option or right to exercise extend the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal PeriodTerm.

Appears in 1 contract

Samples: Lease Agreement (CAESARS ENTERTAINMENT Corp)

Extension Option. 54.1. So long as If this Lease shall be in full force and effect and if Tenant is shall not be in default under this Lease(beyond any applicable notice and grace period) of any of the terms, conditions, covenants and provisions hereof, at the time of exercise of the option and as of the commencement of the Extension Term, Tenant shall have an option the right to extend the Term of this Lease for two (2) additional periods additional, consecutive terms of (x) seven (7) years (the “First Extension Term”) immediately following the initial Term and (y) provided that Tenant timely exercised the First Extension Term, five (5) years each (each a "Renewal the “Second Extension Term”; the First Extension Term and the Second Extension Term are sometimes referred to as the “Extension Terms” or, individually, as an “Extension Term”) immediately following the First Extension Period"). The option for each such additional 5-year Renewal Period term may be exercised by , provided that Tenant only by gives Landlord written notice (the "Extension Exercise Notice") given to Landlord not later than the date which is at least twelve (12) months and not more than fifteen (15) months prior to the expiration of then-current term (the Term“Extension Notice”) of its exercise of such extended term option, time being of the essence. Except as set forth below with respect to Fixed Rent, Tenant’s occupancy during such Extension Term shall be governed by all of the terms, conditions, covenants and provisions of this Lease (except with respect to (i) the Extension Terms previously executed, which shall no longer apply, and (ii) Supplemental Rent (if any), which shall not be applicable during the Extension Terms), including, with respect to payment of Additional Rent. Time is of the essence with respect to the matters set forth in this Section 33.1. The provisions of this Article 33 are personal to Tenant and any Successor Entity and shall terminate upon any other assignment of this Lease. EAST\174041517.9 The Fixed Rent for each Extension Term shall be equal to the prevailing fair market rental rate for the applicable Extension Term (such prevailing fair market rental rate, the “Market Rent”) for Tenant’s then constituted Premises based on fixed annual rents and the applicable length of term for Comparable Buildings in the case City of New Haven, which shall reflect all relevant market factors including, without limitation, the manner of payment of Operating Expenses and Taxes, but in in no event shall Market Rent be determined to be less than the 101.5% of the first 5-year optionrate of Fixed Rent last payable with respect to the period of the Term ending prior to the applicable Extension Term. During each Extension Term the Additional Rent shall continue to be payable as provided in this Lease and all of the terms, conditions and covenants of this Lease, other than the obligation to pay Supplemental Rent, shall apply. If Tenant properly and timely exercises its option to extend the Term pursuant to this Section 33.1, Landlord shall provide Tenant with written notice (the “Market Rent Notice”) of the rate of the Market Rent (as determined by Landlord in good faith) at least fifteen eleven (1511) months prior to the Expiration Date or expiration of the first Renewal Period First Extension Term, as applicable. Tenant shall respond in writing to Landlord within twenty (each an "Option Exercise Date")20) days following Landlord’s delivery of its Market Rent Notice (the “Tenant Response Period”) stating whether (a) Tenant agrees with the Market Rent determined by Landlord, (b) Tenant disagrees with Landlord’s determination of Market Rent, or (c) Tenant elects to rescind Tenant’s Extension Notice. Tenant’s failure to respond in the case a timely manner shall be deemed to be Tenant’s election to accept Landlord’s determination of the second Renewal Period. In the event that Tenant exercises the option to extend the Term Market Rent in accordance with the provisions hereofclause (a), above. If Tenant agrees with, or is deemed to agree with, Landlord’s determination of Market Rent, the Term parties shall execute an amendment to this Lease within fifteen (15) days thereafter confirming the Extension Term, the Fixed Rent for the Extension Term, and any related terms and conditions. If Tenant timely disagrees with Landlord’s determination of Market Rent pursuant to clause (b), above, the Market Rent shall be extended accordinglydetermined in accordance with Section 33.2. If Tenant timely elects to rescind Tenant's extension option for the first Renewal Period ’s Extension Notice pursuant to clause (c), above, then Tenant’s rights under this Article 33 shall terminate and be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space no further force and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal Periodeffect.

Appears in 1 contract

Samples: Lease (Arvinas, Inc.)

Extension Option. 54.1. So long as Tenant is not in default under this Lease, Tenant shall continue to have an one (1) option to extend the New Term of this Lease for two one (21) additional periods period of five (5) years each (each a "Renewal Period"). The years, on the same terms, covenants and conditions as provided for in the Lease, except for the Monthly Base Rent, which shall initially be equal to the “Fair Market Rental Value” for the Premises for the option for each such additional 5-year Renewal Period term may as defined and determined in accordance with the provisions of Article 51 of the Lease; provided, however, the Extension Option must be exercised by Tenant only exercised, if at all, by written notice (the "Extension Exercise Notice") given delivered by Tenant to Landlord not later no sooner than the that date which is at least fifteen twelve (1512) months and no later than that date which is nine (9) months prior to the expiration of the New Term. The Extension Option shall, at Landlord’s sole option, not be deemed to be properly exercised if, at the time the Extension Option is exercised or on the scheduled commencement date for the Option Term, in the case Tenant has (a) committed an uncured event of default whose cure period has expired pursuant to Section 22 of the first 5-year optionLease (or if Tenant would be in default but for the passage of time, the giving of notice or both), (b) except for an assignment to an Affiliate, assigned the Lease or its interest therein, or (c) except for a sublease to an Affiliate, sublet all or any portion of the New Premises’ total rentable square feet of the Premises. Provided Tenant has properly and timely exercised the Extension Option, the New Term of the Lease shall be extended by the Option Term, and at least fifteen (15) months prior to the expiration all terms, covenants and conditions of the first Renewal Period (each an "Option Exercise Date")Lease shall remain unmodified and in full force and effect, except that the Monthly Base Rent shall be as set forth above, and except that there shall be no remaining Extension Options. Landlord and Tenant hereby acknowledge and agree that, except as provided in the case this Section 11, any and all provisions of the second Renewal Period. In Lease providing for an extension or renewal of the event that Term of the Lease, are hereby deleted in their entirety and Tenant exercises the option has no further options to extend the Term in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal PeriodNew Term.

Appears in 1 contract

Samples: Lease Agreement (Everbridge, Inc.)

Extension Option. 54.1. So long On the conditions (which conditions Sublandlord may waive in its sole discretion by notice to Tenant) that, both at the time Subtenant exercises an Extension Option (as Tenant is not in defined below) or at any time thereafter until the commencement of the corresponding Extension Term (as defined below), (i) there exists no event of default under this Lease(beyond applicable notice and cure periods) hereunder, Tenant shall have an option to extend both (1) as of the Term date of this Lease for two the Extension Notice (hereinafter defined), and (2) at the commencement of the applicable Extension Term (hereinafter defined), and (ii) this Sublease is still in full force and effect and Subtenant is in actual occupancy of the entire Subleased Premises and has not assigned its interest in this Sublease nor sublet more than thirty percent (30%) of the Subleased Premises to anyone other than an affiliated entity and/or a successor of Subtenant, Subtenant may extend the term of the Sublease for one (1) initial extension term of one (1) year (the “Initial Extension Option”), followed by one (1) additional periods extension term through the expiration of five the Prime Lease, which date is February 28, 2028 (5) years each (each a "Renewal Period"the “Second Extension Option”, and collectively with the Initial Extension Option, the “Extension Option”). The option for each such additional 5-year Renewal Period term may be exercised , by Tenant only by delivering written notice (of its exercise of the "Extension Exercise Notice") given to Landlord not Option no later than the date which is at least fifteen nine (159) months prior to the expiration of the applicable Term (the “Extension Notice”). The initial extension term along with the second extension term shall be collectively referred to herein as the “Extension Term, in the case ”. The Base Rent for each year of such Extension Term shall continue to increase by three (3%) annually (on each anniversary of the first 5-year option, and at least fifteen (15Commencement Date) months prior to through the expiration of the first Renewal Period (each an "Option Exercise Date"), in the case of the second Renewal Period. In the event that Tenant exercises the option to extend the Term in accordance with the provisions hereof, the Term shall be extended accordingly. Tenant's extension option for the first Renewal Period shall be for a minimum of fifty percent (50%) of the Rentable Area of the Centerpointe I Building in a contiguous block of space and shall be for no less than one-half of any particular floor. Tenant's extension option for the second Renewal Period shall be for one hundred percent (100%) of the space for which Tenant exercised the extension option during the first Renewal Period. Upon the commencement of each Renewal Period, Landlord shall grant to Tenant a reasonable refurbishment allowance in such amount as may be mutually agreed to by Landlord and Tenant, which amount shall be agreed to in conjunction with, and as a component of, the determination of "Market Rental Value", as described below. Except as stated below in this Article, all of the terms and conditions of this Lease in effect immediately prior to the respective Renewal Period shall equally pertain in all respects to the respective Renewal Period. All references in this Lease to the Term of this Lease shall be construed to include the applicable Renewal Period, unless the context clearly indicates that another meaning is intended. Tenant shall not have the right to exercise the extension option for the second Renewal Period unless Tenant had previously exercised the extension option for the first Renewal PeriodExtension Term.

Appears in 1 contract

Samples: Sublease Agreement (Agios Pharmaceuticals, Inc.)

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