Option to Extend Lease Term. Tenant shall have the option to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five (5) years each (each, an “Extension Period”) on the same terms, covenants and conditions of this Lease. In the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written notice of Tenant’s exercise of the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option to extend the term of this Lease as set forth herein and further provided that Tenant is not in default under this Lease at the end of the then current term of this Lease, this Lease shall be amended to reflect the exclusion of any of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this Lease.
Appears in 1 contract
Option to Extend Lease Term. Tenant Lessee shall have the right and option, which option shall not be severed from this Lease or separately assigned, mortgaged or transferred, at its election, to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord Term for three one (31) additional, successive periods additional period of five (5) years each (each, an the “Extension Period”) on commencing upon the same termsexpiration of the initial Lease Term, covenants and conditions of this Lease. In the event Tenant elects to exercise the option(s), Tenant provided that (a) Lessor shall provide Landlord receive written notice from Lessee of Tenantthe exercise of its election at least six (6) months prior to the expiration or the initial Lease Term, and (b) no default by Lessee beyond the expiration of any applicable notice and cure period shall exist at the time of Lessor’s receipt of such notice. If Lessor shall receive notice of the exercise of the option(s) not less than ninety (90) days prior to election in the end manner and within the time provided aforesaid, the Term of the then-current term, such notice Lease shall identify each be extended for the Extension Period upon the receipt of the Premises notice without the requirement of any action on the part of Lessor or Lessee, except as may be required in order to determine Base Rent as hereinafter provided. Except for the amount of Base Rent (which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements contained in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option to extend the term of this Lease as set forth herein and further provided that Tenant is not in default under this Lease at the end of the then current term of this Lease, this Lease shall be amended applicable to reflect the exclusion Extension Period, except that there shall be no further options to extend the Lease Term nor shall Lessor be obligated to make or pay for any improvements to the Premises nor pay any inducement payments of any kind or nature except as determined as applicable to the “fair market rent” as determined below. Lessor hereby reserves the right, exercisable by Lessor in its sole discretion, to waive (in writing) any condition precedent set forth in clauses (a) or (b) above. Time is of the Premises from essence with respect to the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension optionoption contained herein. Tenant’s Lessee shall not have the right to exercise give any notice exercising such option after the foregoing option(s) is conditioned upon Tenant’s performance of all expiration of the duties applicable time limitation set forth herein, and obligations on its part any notice given after such time limitation purporting to exercise such option shall be performed under this Lease so that, at the time void and of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this Leaseno force or effect.
Appears in 1 contract
Sources: Lease (Alpha Teknova, Inc.)
Option to Extend Lease Term. In consideration for Tenant shall have not --------------------------- having been in material default under this Lease more than twice within any one (1) year period during the Lease Term, Landlord hereby grants to Tenant two (2) options to extend the Lease Term for a period of one (1) year each ("Extended Term"), on the following terms and conditions:
(a) Tenant must give Landlord notice in writing of its exercise of the option to extend the initial term Lease Term no earlier than six (6) months nor later than four (4) months before the date the Lease Term would end but for said exercise. Time is of the essence.
(b) Tenant may not extend the Lease Term pursuant to the option granted by this Lease with respect to Paragraph 44 if Tenant has been in default in the performance of any of the Premises that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five (5) years each (each, an “Extension Period”) on the same terms, covenants material terms and conditions of this Lease. In the event Tenant elects to exercise Lease more than twice within any one (1) year period during the option(s)Lease Term, or if Tenant shall provide Landlord written notice of Tenant’s exercise of the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of have assigned or otherwise transferred its interest in this Lease and/or the Premises which Tenant (other than to a "Permitted Assignee" pursuant to Paragraph 24.5 hereof) whether or not Landlord's consent to such assignment or transfer has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Leasebeen given. Provided that Tenant has duly execised its option to extend the term of this Lease as set forth herein and further provided that If Tenant is not in default under this Lease at on the end of date that the Extended Term is to commence, then current term of Landlord may elect to terminate this Lease, notwithstanding any notice given by Tenant of an exercise of its option to extend.
(c) All terms and conditions of this Lease shall apply during the Extended Term, except that the Rent for the Extended Terms shall be amended to reflect the exclusion determined in accordance with ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇.
(▇) Once Tenant delivers notice of any of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s its exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects option to extend the initial term Lease Term, Tenant may not withdraw such exercise and, subject to the provisions of this LeaseParagraph 44, such notice shall operate to extend the Lease Term. Upon the extension of the Lease Term pursuant to this Paragraph 44, the Annual Rent term, "Lease Term" as used in this Lease shall continue to thereafter include the Extended Term and the Lease Termination date shall be adjusted as provided in Section 6.02 the expiration date of this Leasethe Extended Term.
Appears in 1 contract
Option to Extend Lease Term. 36.01 Providing that Tenant has not defaulted in the terms or conditions of this Lease, Tenant shall have the one (1) option to extend the initial term Term of this Lease with respect to any from and after the expiration of the Premises that Tenant may elect to continue to lease from Landlord original Term for a period of three (3) additionalyears. Should Tenant decide to exercise this option, successive periods same shall be deemed validly exercised only if Landlord shall have received written notice of five INITIALS ----------- MM / M ----------- exercise of option from Tenant in writing on or before twelve (512) years each (eachmonths prior to the expiration of the original Term. TIME SHALL BE DEEMED TO BE OF THE ESSENCE IN CONNECTION WITH THE EXERCISE OF THIS OPTION. In the event of the exercise of this option, an “Extension Period”) on the same terms, covenants all terms and conditions of this Lease. In Lease shall continue and remain in full force and effect during the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written notice of Tenant’s exercise of the option(sthree (3) not less than ninety (90) days prior to the end of the then-current year option term, such notice shall identify each of provided, however, that the Premises which Tenant has elected to remain subject to this Lease minimum net monthly rental installments during the applicable Extension Period and three (3) year option term shall be Twenty Two Thousand Eight Hundred Seventy One ($22,871.00) Dollars. Tenant is to be given also a Tenant of Landlord in the manner provided in Section 25.04 of adjacent premises commonly known as ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, under a Lease which is co-terminus with this Lease. Provided The Lease for said adjacent premises also grants Tenant an option to extend the term of that Lease for an equal additional three (3) year period. Anything contained herein to the contrary not withstanding Tenant's right and option to extend the term hereof is conditioned upon Tenant has duly execised simultaneously exercising its option to extend the term of this Lease as set forth herein and further provided that Tenant is not in default under this Lease at the end of the then current term of this Lease, this Lease shall be amended to reflect the exclusion of any of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this Leasefor ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.
Appears in 1 contract
Sources: Net Lease (Axsys Technologies Inc)
Option to Extend Lease Term. A) Subject to Paragraph E) below Tenant shall have the option to may, at Tenants option, extend the initial term Initial Term of this Lease with respect for up to any of the Premises that Tenant may elect to continue to lease from Landlord for three two (32) additional, successive consecutive periods of five (5) years each (eacheach such period referred to as an "Extension Term"), an “Extension Period”) on subject to all the same terms, covenants and conditions provisions of this Lease, except for any further extensions of the Term. In The Extension Term shall commence at the event Tenant elects expiration of the Initial Term, or the previous Extension Term, as the case may be, and shall terminate on the last day prior to exercise the option(s)fifth anniversary of the date of commencement of the Extension Term, Tenant shall provide Landlord written notice of Tenant’s unless sooner terminated as provided herein.
B) After the exercise of an option to extend, all references in this Lease to the option(s) not less than ninety (90) days prior "Term" shall be considered to mean the Term as extended, and all references to termination or to the end of the then-current term, such notice Term shall identify each be considered to mean the termination or end of the Premises which Extension Term.
C) Tenant's right to extend the Initial Term or such Initial Term as previously extended, is subject to:
(1) the following conditions precedent:
a) This Lease shall be in full force and effect at the time notice of exercise is given and on the last day of the Initial Term or the then current Extension Term, as applicable.
b) Tenant has elected shall not be in default with all periods of time to remain subject to this Lease during the applicable Extension Period and is to be given in the manner cure such default having expired as provided in Section 25.04 13.01 herein: (i) at the time notice of exercise is given; or (ii) on the last day of the Initial Term, or the previous Extension Term as the case may be.
(2) compliance with the following procedure for exercising the option:
a) At least one (1) year before the last day of the Initial Term or the current Extension Term, as the case may be, Tenant shall give Landlord written notice irrevocably exercising the option (the "Option Notice").
b) Each party shall, at the request of the other, execute a memorandum acknowledging the fact that the option in question has been exercised.
D) Neither the foregoing option granted to Tenant to extend the Term of this Lease, nor the exercise thereof by Tenant, shall prevent Landlord from exercising any right granted or reserved to Landlord in this Lease or which Landlord may have by virtue of any Law or otherwise, to terminate this Lease, either during the Initial Term or during any Extension Term. Provided that Any lawful termination of this Lease shall serve to terminate all Extension Terms, whether or not Tenant shall have exercised same. Any right on the part of Landlord to terminate this Lease shall continue during the Extension Term, and the foregoing option granted to Tenant to extend the Term shall not be deemed to give Tenant any further option to extend the Term.
E) A portion of the shopping center is currently leased to The Price Company pursuant to a written lease dated August 29, 1994 between Price Enterprises, Inc. ("Landlord") and The Price Company ("Tenant") (referred to herein as the "Costco Lease"). The initial term of the Costco Lease expires August 31, 2009. The tenant under the Costco Lease has duly execised an option to extend the initial term of such lease for up to seven (7) periods of five (5) years each.
(1) In the event the Tenant herein exercises its option to extend the term of this Lease as set forth herein for the first Extension Term commencing September 1, 2009, and further provided that Tenant is the tenant under the Costco Lease does not in default under exercise its option to extend the term of the Costco Lease (beginning September 1, 2009) then the Landlord, at its option, may declare Tenant's option to extend the Term of this Lease at null and void by giving written notice of such fact to Tenant within thirty (30) days after the end right of the then current tenant under the Costco Lease to extend its lease term of this Lease, this Lease shall be amended to reflect the exclusion of any of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(sexpires.
(2) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that the initial terms of both this Lease and the Costco Lease are extended for the five year period beginning September 1, 2009, and in the event the Tenant elects herein exercises its option to further extend the Term of this Lease for the second Extension Term commencing September 1, 2014, and the tenant under the Costco Lease does not exercise its further option to extend the initial term of this the Costco Lease, beginning September 1, 2014, then the Annual Rent shall continue Landlord, at its option, may declare Tenant' s option to be adjusted as provided in Section 6.02 extend the Term of this LeaseLease null and void by giving written notice of such fact to the Tenant within thirty (30) days after the right of the tenant under the Costco Lease to extend its lease term expires.
F) Landlord represents that the tenant under the Costco Lease must exercise its options, if any to extend the term of such lease at least six (6) months prior to the expiration of the then-existing lease term.
Appears in 1 contract
Option to Extend Lease Term. Tenant shall have the Lessor hereby grants to Lessee one ----------------------------
(1) option to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord Original Term for three (3) additional, successive periods a period of five (5) years each (eachthe "Extended Term"), an “Extension Period”) on the same termsfollowing terms and conditions:
(i) Lessee shall give Lessor written notice of its exercise of the applicable option to extend the Lease term no later than two hundred seventy (270) days before expiration of the Original Term. Time is of the essence.
(ii) Lessee may not extend the Original Term pursuant to this Section 1.3(d) if a Breach by Lessee (defined in Paragraph 13.1 of the Lease) exists as of the date of Lessee's notice of exercise of the option to extend, covenants or if Lessee shall have assigned or sublet any of the aggregate square footage of the Premises or otherwise transferred its interest in this Lease and/or the Premises, whether or not Lessor's consent to such assignment or transfer has been given. If a Breach by Lessee exists on the date that the Extended Term is to commence, then Lessor may elect to terminate this Lease, notwithstanding any notice given by Lessee of an exercise of its option to extend and such exercise of Lessee's option to extend the Original Term shall be void and of no force or effect.
(iii) All terms and conditions of this Lease. In Lease shall apply during the event Tenant elects Extended Term, except that the Base Rent for the Extended Term shall be determined in accordance with Section 1.5(b) of this Addendum; Lessee shall have no further option to exercise extend the option(sLease term beyond the Extended Term described in this Section 1.3(d), Tenant and Lessor shall have no obligation to construct or install any building shell improvements, leasehold improvements or site improvements or provide Landlord written any allowance with respect to any such improvements.
(iv) Once Lessee delivers notice of Tenant’s its exercise of the option(s) option to extend the Original Term, Lessee may not less than ninety (90) days prior withdraw such exercise and, subject to the end provisions of the then-current termthis Section 1.3(d), such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option operate to extend the term of this Lease as set forth herein and further provided that Tenant is not in default under this Lease at Original Term. Upon the end extension of the then current Original Term pursuant to this Section 1.3(d), the term of this Lease, "Expiration Date" as used in this Lease shall be amended to reflect thereafter mean the exclusion of any expiration date of the Premises from Extended Term unless sooner terminated pursuant to the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this Leaseterms hereof.
Appears in 1 contract
Option to Extend Lease Term. Landlord hereby grants to Tenant shall have the option to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord Term for three one (31) additional, successive periods period of five (5) years each (eachthe “Extended Term”), an “Extension Period”) on the same terms, covenants following terms and conditions:
36.1 Tenant shall give Landlord written notice of its exercise of the option to extend the Lease Term for the Extended Term no earlier than nine (9) months nor later than six (6) months before the date the Lease Term would end but for said exercise. Time is of the essence.
36.2 Tenant may not extend the Lease Term pursuant to this Section 36 if Tenant is in default in the performance of any of the material terms and conditions of this Lease. In Lease at the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written notice time of Tenant’s notice of exercise of the option(s) not less than ninety (90) days prior to the end of the then-current termthis option, such notice or if Tenant shall identify each of the Premises which Tenant has elected to remain subject to have assigned or otherwise transferred its interest in this Lease during and/or the applicable Extension Period Premises, or any portion thereof, to any person or entity, whether or not Landlord’s consent to such assignment or transfer has been given (unless Landlord has waived such restriction in any written consent to such assignment or subletting, which waiver may be withheld in Landlord’s sole and is to be given in the manner provided in Section 25.04 of this Leaseabsolute discretion). Provided that Tenant has duly execised its option to extend the term of this Lease as set forth herein and further provided that If Tenant is not in default under this Lease at on the end date that the Extended Term is to commence, then Landlord may elect to terminate this Lease notwithstanding any notice given by Tenant of the then current term an exercise of this Lease, its option to extend.
36.3 All terms and conditions of this Lease shall apply during the Extended Term, except that the Base Monthly Rent for the Extended Term shall be amended determined in accordance with Section 37 below, there shall be no further rights to reflect extend the exclusion of Lease Term and Landlord shall have no obligation to construct any of improvements on, in or around the Premises from the Lease and the corresponding reduction or in the Annual Rent in connection with Tenant’s Building or to provide any tenant improvement allowance.
36.4 Once Tenant delivers notice of its exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects option to extend the initial term Lease Term, Tenant may not withdraw such exercise and, subject to the provisions of this LeaseSection 36, such notice shall operate to extend the Lease Term. Upon such extension of the Lease Term pursuant to this Section 36, the Annual Rent term “Lease Term” as used in this Lease shall continue to thereafter include the Extended Term and the expiration date of the Lease shall be adjusted as provided in Section 6.02 the expiration date of this Leasethe Extended Term.
Appears in 1 contract
Option to Extend Lease Term. Tenant shall have the right and option, which said option shall not be severed from this Lease or separately assigned, mortgaged or transferred, at its election, to extend the initial term Original Lease Term for one (1) additional period of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five years (5) years each (each, an the “Extension Period”) on commencing upon the same termsexpiration of the Original Lease Term, covenants and conditions of this Lease. In the event Tenant elects to exercise the option(s), Tenant provided that (a) Landlord shall provide Landlord receive written notice from Tenant of Tenant’s the exercise of the option(sits election at least six (6) not less than ninety (90) days months prior to the end expiration of the then-current termOriginal Lease Term, such notice (b) no Event of Default shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option to extend the term of this Lease as set forth herein and further provided that Tenant is not in default under this Lease at the end of the then current term of this Lease, this Lease shall be amended to reflect the exclusion of any of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, exist at the time of Landlord’s receipt of such notice and at the expiration of the Original Lease Term; and (c) the original Tenant named herein or any Affiliate is itself occupying the entire Premises both at the time of giving the applicable notice and at the commencement of the Extension Period. If Landlord shall receive notice of the exercise of such optionsthe election in the manner and within the time provided aforesaid, the Original Lease Term shall be extended upon the receipt of the notice without the requirement of any action on the part of Landlord or Tenant. Except for the amount of Base Rent (which is to be determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be applicable to the Extension Period, except that there shall be no further options to extend the Lease Term nor shall Landlord be obligated to make or pay for any improvements to the Premises nor pay any inducement payments of any kind or nature. Landlord hereby reserves the right, exercisable by Landlord in its sole discretion, to waive (in writing) any condition precedent set forth in clauses (a), (b) or (c) above. Time is of the essence with respect to the exercise of the option contained herein. Tenant shall not have the right to give any notice exercising such option after the expiration of the applicable time limitation set forth herein, and any notice given after such time limitation purporting to exercise such option shall be in default hereunder. In the event that Tenant elects to extend the initial term void and of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this Leaseno force or effect.
Appears in 1 contract
Option to Extend Lease Term. Tenant shall have Lessee is hereby granted the option to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five (5) years each (each, an “Extension Period”) on the same additional terms, covenants hereinafter referred to as the "First Extended Term," "Second Extended Term," and conditions the "Third Extended Term" respectively, on all of the terms and. provisions contained in this Lease. In , except rent (which rent shall be set at the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written notice of Tenant’s exercise Market Rate as defined in paragraph 4.3) and expiration date of the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this LeaseInitial Term. Provided that Tenant has duly execised Lessee may exercise its option to extend the term of this Lease as set forth herein and further provided by giving written notice Of such exercise (a "Lessee's Renewal Notice") to Lessor not later than nine (9) months prior to the expiration of the term to be extended; provided, however, that Tenant if Lessee is not in default under on the date of giving Lessee's Renewal Notice, the Lessee's Renewal Notice shall be null and void and of no force or effect, and provided further, that if Lessee is in default on, or this Lease has been otherwise terminated prior to, the date that the First Extended Term, the Second Extended Term, or the Third Extended Term, as the case may be, would otherwise commence, such extended term shall not commence and this Lease shall expire at the end of the then current Initial Term, the First Extended Term or the Second Extended Term, as the case may be. The First Extended Term shall before five (5) years, commencing on the day after the expiration of the initial Term. The Second Extended Term shall be for a period of five (5) years, commencing on the day after the expiration of the First Extended Term. The Third Extended Term shall be for a period of five (5) years, commencing on the day after the expiration of the Second Extended Term. Lessee shall have no right to extend the term of this Lease, this Lease beyond the Third Extended Term described herein. The Initial Term and any Extended Term(if commenced as provided above) shall be amended collectively referred to reflect herein as the exclusion of any of the Premises from the "Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this LeaseTerm."
Appears in 1 contract
Sources: Lease Agreement (Coast Bancorp)
Option to Extend Lease Term. Landlord hereby grants to Tenant an --------------------------- option to extend the Lease Term for period of three (3) years ("Extended Term"), on the following terms and conditions:
(a) Tenant shall have give Landlord written notice of its exercise of the option to extend the initial term Lease Term no earlier than nine (9) months nor later than six (6) months before the date the Lease Term would end but for said exercise. Time is of the essence.
(b) Tenant may not extend the Lease Term pursuant to this Paragraph 3.5 if Tenant is in material default of any of its obligations under this Lease as of the date of Tenant's notice of exercise of this option, or if Tenant shall have assigned or otherwise transferred its interest in this Lease with respect to any and/or more than twenty-five percent of the Premises that Tenant may elect rentable square footage of the Premises, whether or not Landlord's consent to continue such assignment or transfer has been given. The preceding sentence to lease from Landlord for three (3) additional, successive periods of five (5) years each (each, an “Extension Period”) on the same terms, covenants and conditions of this Lease. In the event Tenant elects to exercise the option(s)contrary notwithstanding, Tenant shall provide Landlord written notice of Tenant’s exercise of not be precluded from extending the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of the Premises which Lease Term as provided herein solely because Tenant has elected to remain subject to may have assigned this Lease during the applicable Extension Period and is to be given in the manner provided a Permitted Assignee (as defined in Section 25.04 of this Lease24.4). Provided that Tenant has duly execised its option to extend the term of this Lease as set forth herein and further provided that If Tenant is not in default under this Lease at on the end of date that the Extended Term is to commence, then current term of Landlord may elect to terminate this Lease, notwithstanding any notice given by Tenant of an exercise of its option to extend and such exercise of Tenant's option to extend the Lease Term shall be void and of no force or effect.
(c) All terms and conditions of this Lease shall apply during the Extended Term, except that the Rent for the Extended Term shall be amended determined in accordance with Paragraph 4.4 below, Tenant shall have no further options to reflect the exclusion of any of the Premises from extend the Lease Term and the corresponding reduction Landlord shall have no obligation to construct or install any tenant improvements as described in the Annual Rent in connection with Tenant’s Exhibit C attached --------- hereto.
(d) Once Tenant delivers notice of its exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects option to extend the initial term Lease Term, Tenant may not withdraw such exercise and, subject to the provisions of this LeaseParagraph 3.5, such notice shall operate to extend the Lease Term. Upon the extension of the Lease Term pursuant to this Paragraph 3.5, the Annual Rent term "Lease Term" as used in this Lease shall continue thereafter include the Extended Term and the Lease Termination date shall be the expiration date of the Extended Term unless sooner terminated pursuant to be adjusted as provided in Section 6.02 of this Leasethe terms hereof.
Appears in 1 contract
Sources: Net Lease Agreement (Navisite Inc)
Option to Extend Lease Term. Landlord hereby grants to Tenant shall have the option to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord Term for three two (32) additional, successive additional periods of five (5) years (each (each, an “Extension PeriodExtended Term” and collectively, the “Extended Terms”) ), on the same terms, covenants following terms and conditions of this Lease. In the event Tenant elects to exercise the option(s), conditions:
A. Tenant shall provide give Landlord written notice of Tenant’s its exercise of the option(soption to extend the Lease Term for the Extended Term no earlier than twelve (12) not less months nor later than ninety nine (909) days prior to months before the date the Lease Term would end but for said exercise. Time is of the then-current term, such notice shall identify each of the Premises which essence. If Tenant has elected fails to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised timely exercise its option to extend the term of Lease Term for the first Extended Term, then Tenant waives its right to extend the Lease Term for the second Extended Term.
B. Tenant may not extend the Lease Term pursuant to this Lease as set forth herein and further provided that Paragraph 3.4 if Tenant is not in default under default, beyond applicable notice and cure periods, in the performance of any of the material terms and conditions of this Lease at the end time of Tenant’s notice of exercise of this option, or if this Lease has been assigned (other than to a Permitted Transferee) or in the event the Premises has been sublet in its entirety for the balance of the then current term Term (other than to a Permitted Transferee).
C. All terms and conditions of this Lease, this Lease shall apply during the applicable Extended Term, except that (i) the monthly Base Rent for the Extended Term shall be amended determined in accordance with Paragraph 3.4.E below, (ii) there shall be no further rights to reflect extend the exclusion Lease Term beyond the Extended Terms referred to in the introductory paragraph of this Paragraph 3.4 above, (iii) Tenant shall not be entitled to six months of free Base Rent as provided in Paragraph 1.10 above and (iv) Landlord shall have no obligation to construct any tenant improvements on, in or around the Premises or in the Building or to provide any tenant improvement allowance, refurbishment allowance, preliminary site plan allowance or fit-up allowance.
D. Once Tenant delivers notice of its applicable exercise of the option to extend the Lease Term, Tenant may not withdraw such exercise and, subject to the provisions of this Paragraph 3.4, such notice shall operate to extend the Lease Term. Upon the applicable extension of the Lease Term pursuant to this Paragraph 3.4, the term “Lease Term” as used in this Lease shall thereafter include the applicable Extended Term and the expiration date of the Lease shall be the expiration date of the applicable Extended Term.
E. If Tenant elects to extend the Lease Term pursuant to the terms of Paragraph 3.4.A above, the monthly Base Rent for the applicable Extended Term shall be an amount equal to one hundred percent (100%) of the monthly fair market rental value of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right relation to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, market conditions at the time of the exercise applicable extension (including, but not limited to, rental rates for comparable space in Class A office buildings in the North San ▇▇▇▇ submarket (“Comparable Buildings”) with comparable tenant improvements and taking into consideration all relevant factors, including, without limitation, any adjustments to rent based upon direct costs (operating expenses) and taxes, load factors, cost of such options, living or other rental adjustments; rent abatements and other rent concessions; tenant improvement allowances; the relative strength of the tenants; the size of the space; whether a brokerage commission will be paid; and any other factors which affect market rental values at the time of extension). The Base Rent payable by Tenant during the applicable Extended Term shall not include any cost of living or other inflationary adjustments to occur during the applicable Extended Term that are assumed in the determination of the fair market rental value of the Premises. The monthly Base Rent for the applicable Extended Term shall be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted determined as provided in Section 6.02 of this Lease.follows::
Appears in 1 contract
Option to Extend Lease Term. Tenant shall have the option to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five (5) years each (each, an “Extension Period”) on the same terms, covenants and conditions of this Lease. In the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written notice of Tenant’s exercise of the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised exercised its option to extend the term of this Lease as set forth herein and further provided that Tenant is not in default under this Lease at the end of the then current term of this Lease, this Lease shall be amended to reflect the exclusion of any of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this Lease.
Appears in 1 contract
Option to Extend Lease Term. Landlord hereby grants to Tenant shall have the one (1) option ("Option") to extend the initial term of this Lease Term with respect to the Premises on the following terms and conditions:
(a) The Option shall give Tenant the right to extend the Lease Term for an additional ten (10) years (the "Extended Term");
(b) Tenant shall give Landlord written notice of its exercise of the Option no later than one hundred eighty (180)days, nor earlier than three hundred sixty (360), prior to the Termination Date;
(c) Tenant may not extend the Lease Term pursuant to this Section 3.4 if Tenant is in default in the performance of any of the Premises that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five (5) years each (each, an “Extension Period”) on the same terms, covenants terms and conditions of this Lease and/or the Other Lease, which default continues after the expiration of any grace period and the giving of any notice, as provided in Article 16 below or in the Other Lease. In the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written Any notice of Tenant’s exercise of the option(sOption given by Tenant while Tenant is in default shall be of no force and effect. The period of exercise of the Option shall not be extended for any period in which Tenant is unable to exercise an Option by reason of Tenant's default. If Tenant is in default on the date that the Extended Term is to commence, then Landlord may elect to terminate this Lease pursuant to Section 16.2.1, notwithstanding any notice given by Tenant of the exercise of the Option.
(d) All terms and conditions of this Lease shall apply during the Extended Term, except that Base Rent for the Extended Term shall be determined in accordance with Section 5.1.2 below;
(e) Once Tenant delivers notice of its exercise of the Option, Tenant may not less than ninety (90) days prior withdraw such exercise and, subject to the end provisions of the then-current termthis Section 3.4, such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option operate to extend the term of this Lease as set forth herein and further provided that Tenant is not in default under this Lease at Term. Upon the end extension of the then current Lease Term pursuant to this Section 3.4, the term of this Lease, "Lease Term" as used in this Lease shall thereafter include the Extended Term and the Termination Date shall be amended to reflect the exclusion of any expiration date of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time of the exercise of such options, Tenant shall not be in default hereunder. In the event that Tenant elects to extend the initial term of this Lease, the Annual Rent shall continue to be adjusted as provided in Section 6.02 of this LeaseExtended Term.
Appears in 1 contract
Option to Extend Lease Term. Provided that Tenant (a) is not in default of the Lease, as amended herein, beyond applicable notice and/or cure periods; and (b) has neither sublet nor assigned any interest in the Lease or in the Leased Premises or any part thereof to any party regardless of whether permitted as of right or consented to by Landlord, Tenant shall have the option to extend the initial term Lease Term for one (1) 3-year period (the “Renewal Term”), upon the same terms and conditions as are applicable during the Lease Term except that the Base Rent for the Renewal Term shall be in an amount to be mutually agreed upon by Landlord and Tenant at the time Tenant gives notice of this Lease with respect to any its exercise of the Premises such option and except that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five (5) years each (each, an “Extension Period”) on shall have no further renewal rights unless otherwise agreed in writing by the same terms, covenants and conditions of this Leaseparties. In the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written notice Notice of Tenant’s exercise of the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option to extend the term of this Lease as set forth herein Term for the Renewal Term must be sent to and further provided that Tenant is not in default under this Lease received by Landlord at least twelve (12) months prior to the end expiration of the then current term of this Lease, this Amended Lease shall be amended Term but not more than eighteen (18) months prior to reflect the exclusion of any expiration of the Premises from the Amended Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension optionTerm. Tenant’s right If Tenant fails to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at give Landlord said notice within the time of the exercise of such options, Tenant shall not be provided in default hereunder. In this Section or in the event that Landlord and Tenant elects are unable to extend agree upon the initial term amount of this Leasethe Base Rent for the Renewal Term, the Annual Rent such option shall continue to be adjusted as provided in Section 6.02 of this Leaseautomatically become null and void.
Appears in 1 contract
Sources: Lease (Iberdrola USA, Inc.)
Option to Extend Lease Term. Tenant shall have the option right to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord for three two (32) additional, successive additional consecutive periods of five (5) years each (eacheach hereinafter an "Extension Term"), an “Extension Period”such rights to be exercised by written notice from Tenant to Landlord given not less than three hundred sixty-five (365) on days prior to the applicable expiration date of the Lease Term. Each extension right may only be exercised if no Event of Default by Tenant under the Lease has occurred and is continuing, either at the time of the exercise of the extension right or at the commencement of such extension. In the event this Lease is terminated for any reason, the rights granted to Tenant in this paragraph shall also terminate at the same terms, covenants and conditions of this Leasetime. In the event Tenant elects to exercise exercises the option(s), Tenant shall provide Landlord written notice of Tenant’s exercise of the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option right to extend the term of this Lease as set forth provided herein and further provided that subsequently an Event of Default by Tenant is not occurs prior to commencement of an Extension Term, Landlord may elect, by written notice to Tenant, to terminate Tenant's prior election to exercise its right to extend the term hereof, in default under this Lease at which event Tenant shall have no rights with respect to the end of Extension Term or any subsequent Extension Term. Tenant's failure or inability to timely and properly exercise its right to the then current first Extension Term shall automatically terminate the second Extension Term. The right to extend the term of this LeaseLease may only be exercised by Tenant and any permitted assignee under Article 10 above, and may not be transferred outside of this Lease or exercised by any other person or entity. The leasing of the Premises during any Extension Term shall be upon the same terms and conditions as are contained herein with respect to the initial term, and the Lease Term shall be deemed to include such Extension Term, except that (1) there shall be no further options to extend the term hereof after the Extension Term unless expressly granted by the Landlord in writing, (2) the provisions of this Lease shall not apply that are in the nature of concessions to induce Tenant to enter into this Lease such as rent abatement, tenant allowances, tenant improvements and the like, and (3) the monthly Base Rent rate per rentable square foot during each Extension Term shall be amended the then fair market rent as reasonably determined by Landlord (including periodic increases to reflect Base Rent during each Extension Term), but in no event less than the exclusion of any Base Rent rate payable during the final month of the Premises from previous Lease Term. The fair market rent determined by Landlord shall be based on rents for comparable space of comparable size with a comparable level of tenant improvements for a similar term and commencement date for tenants of similar credit to that of Tenant, by reference to first-class space in other buildings comparable to the Lease Buildings in age, quality and the corresponding reduction location (south Orange County office buildings in the Annual Rent in connection with Tenant’s exercise office/ business centers or parks as defined by CB Rich▇▇▇ ▇▇▇▇▇ ▇▇ of the applicable extension optiondate of this Lease). Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so that, at the time Upon notification from Tenant of the exercise of such optionseach extension option, Landlord shall, at least one hundred fifty (150) days prior to the commencement of the Extension Term, notify Tenant in writing of the proposed rental for the extension term; Tenant shall not be within fifteen (15) business days following receipt of same notify Landlord in default hereunderwriting of the acceptance or rejection of the proposed rental. TENANT'S FAILURE TO TIMELY PROVIDE SUCH NOTICE SHALL CONSTITUTE ACCEPTANCE OF THE PROPOSED RENTAL. In the event that of rejection by Tenant, the extension rental shall be determined as follows: Within fifteen (15) days following notification of rejection, Landlord and Tenant elects to extend shall each appoint a disinterested and qualified real estate professional (but not an appraiser). If these two real estate professionals cannot agree upon an extension rental within fifteen (15) days following their appointment, the initial term two appointees shall forthwith select a third disinterested and qualified real estate professional, and the decision of any two of the three real estate professionals shall be binding. Notification in writing of this Leasedecision shall be made by the real estate professionals to Landlord and Tenant within thirty (30) days following the selection of the third real estate professional. Landlord and Tenant shall bear the expense of the real estate professional appointed by each, and the expense of the third real estate professional shall be shared equally by both parties. During such process for establishing rent, Tenant shall pay rent for the Extension Term at Landlord's rate, with retroactive adjustment made if a different rate is established as provided above. Within fifteen (15) days after the rental has been finally determined, the Annual Rent parties shall continue execute a written confirmation of the Extension Term and extension Base Rent. Failure or refusal of Tenant to execute the confirming memorandum shall be adjusted as provided in Section 6.02 an Event of this LeaseDefault.
Appears in 1 contract
Sources: Lease (Western Digital Corp)
Option to Extend Lease Term. A. Landlord hereby grants to Tenant shall have two (2) options (hereinafter referred to collectively as the option to extend the initial term of this Lease with respect to any of the Premises that Tenant may elect to continue to lease from Landlord for three (3) additional, successive periods of five (5) years “Options” and each (each, individually as an “Extension PeriodOption”) on the same terms, covenants and conditions of this Lease. In the event Tenant elects to exercise the option(s), Tenant shall provide Landlord written notice of Tenant’s exercise of the option(s) not less than ninety (90) days prior to the end of the then-current term, such notice shall identify each of the Premises which Tenant has elected to remain subject to this Lease during the applicable Extension Period and is to be given in the manner provided in Section 25.04 of this Lease. Provided that Tenant has duly execised its option to extend the term of this Lease for an additional period of thirty-six (36) consecutive months each (hereinafter referred to collectively as set forth herein the “Extensions” and further provided that Tenant is not in default under each individually as an “Extension”). The proper and valid exercise of the first of the Options (hereinafter referred to as the “First Extension Option”), shall extend the term of this Lease at from the end expiration date of the then current initial term of this Lease for a period or thirty-six (36) consecutive months thereafter (hereinafter referred to as the “First Extension Term”). The proper and valid exercise of the second of the Options (hereinafter referred to as the “Second Extension Option”) shall extend the term of this Lease from the expiration date of the First Extension Term for a period of thirty-six (36) consecutive months thereafter (hereinafter referred to as the “Second Extension Term”). In this regard, Landlord and Tenant hereby stipulate, acknowledge and agree that, if the First Extension Option is properly exercised by Tenant as provided for hereinbelow, the First Extension Term shall commence on the day immediately following the expiration date of the initial term of this Lease, and shall end and terminate on the last day of the thirty-sixth (36th) full month following such date, and that if the Second Extension Option is properly exercised by Tenant as provided for hereinbelow, the Second Extension Term shall commence on the day immediately following the expiration date of the First Extension Term, and shall end and terminate on the last day of the thirty-sixth (36th) full month following such date.
B. The lease of the Leased Premises during the period of the Extensions shall be upon the same terms and conditions as are set forth in this Lease, and shall be subject to all of the terms and provisions thereof, except as otherwise hereinbelow provided. The First Extension Option shall be exercised only by delivery of written notice to Landlord on or before August 1, 2008. The Second Extension Option shall be exercised only by delivery of written notice to Landlord on or before August 1, 2011. If Tenant fails to deliver to Landlord written notice of the exercise of an Option within any such prescribed time period, said Option and any succeeding Option shall lapse and expire and shall become null and void and of no further force or effect, and thereafter Tenant shall have or possess no other or further right to extend the term of this Lease. In addition, each Option shall be exercisable by Tenant and the term of this Lease shall be amended to reflect extended only upon the exclusion of any of the Premises from the Lease and the corresponding reduction in the Annual Rent in connection with Tenant’s exercise of the applicable extension option. Tenant’s right to exercise the foregoing option(s) is conditioned upon Tenant’s performance of all of the duties and obligations on its part to be performed under this Lease so express condition that, at the time of the attempted exercise of any such optionsOption, and at all times prior to the commencement of the Extension applicable thereto, Tenant shall not be in default under any of the terms or provisions of this Lease beyond any applicable notice and/or right to cure period provided for in this Lease.
(1) The amount of monthly Base Rental which shall be payable by Tenant during the First Extension Term shall be computed at the prevailing market rate for the lease of property of similar type, location, size and use in the geographic area where the Leased Premises are located, and shall be subject to the annual increases in Base Rental as hereinafter provided for, all as determined on the date which is one hundred eighty (180) days prior to the scheduled commencement date of the First Extension Term (hereinafter referred to as the “First Extension Term Rent Determination Date”). In this regard, Landlord and Tenant shall make all reasonable efforts to reach an agreement as to the amount of monthly Base Rental which shall be payable by Tenant during the First Extension Term on or before the First Extension Term Rent Determination Date. However, if for any reason whatsoever either Landlord or Tenant shall fail to agree in writing as to the amount of monthly Base Rental which shall be payable by Tenant during the First Extension Term prior to such date, then such amount of monthly Base Rental shall be determined in accordance with the appraisal procedure hereinafter set forth (hereinafter referred to as the “Three Appraiser Method”).
(2) The amount of monthly Base Rental which shall be payable by Tenant during the Second Extension Term shall be computed at the prevailing market rate for the lease of property of similar type, location, size and use in the geographic area where the Leased Premises are located, and shall be subject to the annual increases in Base Rental as hereinafter provided for, all as determined on the date which is one hundred eighty (180) days prior to the scheduled commencement date of the Second Extension Term (hereinafter referred to as the “Second Extension Term Rent Determination Date”). In this regard, Landlord and Tenant shall make all reasonable efforts to reach an agreement as to the amount of monthly Base Rental which shall be payable by Tenant during the First Extension Term on or before the Second Extension Term Rent Determination Date. However, if for any reason whatsoever either Landlord or Tenant shall fail to agree in writing as to the amount of monthly Base Rental which shall be payable by Tenant during the Second Extension Term prior to such date, then such amount of monthly Base Rental shall be determined in accordance with the above-referenced Three Appraiser Method.
(3) Within fifteen (15) days following either the First Extension Term Rent Determination Date or the Second Extension Term Rent Determination Date, if the Three Appraiser Method is determined to be necessary hereunder, Landlord and Tenant shall each appoint one (1) licensed real estate appraiser specializing in the field of commercial real estate appraisal in the Atlanta, Georgia metropolitan area, each of whom shall be recognized as ethical, experienced and reputable within their field. The two (2) appraisers so selected by Landlord and Tenant shall, within fifteen (15) days after they have both been appointed, select a third appraiser possessing the same qualifications, licensing, certifications and experience required of the Landlord’s and Tenant’s appraisers, as set forth above. Within thirty (30) days after all three (3) appraisers have been selected, each said appraiser shall make an independent determination of the prevailing market rate of monthly Base Rental which shall be payable by Tenant with regard to the lease of the Leased Premises during the period of the applicable Extension, as compared to leasehold space of equivalent type, location, size and use in the geographic area where the Leased Premises are located. In the event that the three (3) appraisers fail to reach an agreement as to the prevailing market rate of monthly Base Rental applicable to the lease of the Leased Premises, the prevailing market rate of monthly Base Rental shall be deemed to be the average of the two (2) appraisals which are closest in amount and such amount shall constitute the monthly Base Rental payable by Tenant elects during the period of such applicable Extension. In the event that either Landlord or Tenant fails to appoint an appraiser as provided for hereinabove for any reason whatsoever, then the appraiser appointed by the other such party shall have the sole power to determine the amount of the prevailing market rate of monthly Base Rental and such determination shall conclusively be deemed to constitute the amount of monthly Base Rental which shall be payable by Tenant during the period of such applicable Extension. Landlord shall pay all fees and expenses relating to its appraiser, Tenant shall pay all fees and expenses relating to its appraiser, and the fees and expenses of the third appraiser shall be divided equally between Landlord and Tenant.
(4) Once the amount of annual Base Rental has been determined as set forth hereinabove (and, accordingly, the monthly Base Rental), such amount of monthly Base Rental shall be payable by Tenant during each of the first twelve (12) months of any such applicable Extension to which such determination applies. Thereafter, however, during the remaining period of any such applicable Extension, the amount of annual Base Rental shall be increased annually by three percent (3%) of the amount of monthly Base Rental which shall be payable by Tenant hereunder during the twelve (12) month period of any such applicable Extension immediately preceding the date of any such increase.
D. It is hereby specifically stipulated and agreed by Tenant that any and all of the provisions of this Lease relating to the payment of CAM Charges, taxes, insurance costs and utility surcharges, and relating to the payment of any and all other amounts of additional rent, charges and expenses which are provided for under this Lease, shall be and remain in full force and effect and shall be fully applicable to the lease of the Leased Premises during the period of the respective Extensions. Tenant hereby agrees to pay all such amounts, charges and expenses relating to the lease and occupancy of the Leased Premises which are required to be paid under the terms of this Lease during the period of the respective Extensions, as such amounts become due.
E. Once the amount of monthly Base Rental which is payable by Tenant during the period of any applicable Extension has been agreed upon or otherwise determined, Tenant shall execute and deliver such lease extension agreements or other lease documents as Landlord shall reasonably require in order to evidence the terms of any such Extension as hereinabove provided for. In the event that such lease documents accurately reflect and memorialize the matters provided for herein regarding the extension of the term of this Lease, but the Tenant shall, nevertheless, fail to execute and deliver said lease documents within fifteen (15) days of the date Landlord delivers any such documents to Tenant, then, at Landlord’s option, the applicable Extension to which such documents apply shall lapse and expire and shall become null and void and of no further force and effect as if the Option applicable thereto had never been exercised, and thereafter, Tenant shall have or possess no other or further right to extend the term of this Lease beyond the scheduled expiration date of the initial term of this Lease.
F. The Options hereby provided for are personal to the Tenant and any permitted assignees named herein. If Tenant subleases any portion of the Leased Premises or assigns or otherwise transfers any interest in or under this Lease to any person or entity prior to the exercise of an Option, then, at Landlord’s option, such Option and any succeeding Option shall immediately lapse and expire and shall become of no further force or effect. Correspondingly, if Tenant subleases any portion of the Leased Premises or assigns or otherwise transfers any interest in or under this Lease to any person or entity after the exercise of the an Option but prior to the commencement of the period of the Extension applicable to such Option, then, at Landlord’s option, such Option and any succeeding Option shall immediately lapse and expire and become of no further force or effect, as if said Option had never been exercised. Finally, if Tenant subleases any portion of the Leased Premises or assigns or otherwise transfers any interest in or under this Lease after the commencement of an Extension, then, at Landlord’s Option, the Annual Rent shall continue to be adjusted as provided in Section 6.02 term of this LeaseLease shall expire and terminate upon the expiration of the period of the Extension during which such sublease, assignment or transfer occurs, and only the succeeding Option, if any, shall lapse and expire and be of no further force or effect.
Appears in 1 contract
Sources: Lease Agreement (Ceradyne Inc)