Option to Extend Term. If the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term of the Lease for a further term of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevail.
Appears in 1 contract
Option to Extend Term. If Subject to the Tenant duly provisions, limitations and regularly pays the rentconditions set forth in this Section 3(a), plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will Subtenant shall have one (1) option (“Option”) to extend the Term of the Lease for a further term of five (5) years through October 31, 2027 (the “Extended Renewal Term”), such option . Subtenant shall have the right to be exercised on not less than two (2) months’ and not more than three (3) months’ deliver written notice to Sublandlord of its intent to exercise the Option (the “Option Notice”). If Sublandlord does not receive an Option Notice from Subtenant on a date which is at least three hundred sixty-five (365) days prior to the expiration initial Termination Date, all rights under this Option shall automatically terminate and shall be of no further force or effect. Upon the proper exercise of the Option, subject to the provisions, limitations and conditions set forth in this Section 3(a), the initial Termination Date shall be extended for the Renewal Term. The initial monthly Base Rent for the Renewal Term failing which shall be at the monthly Base Rent rate paid by Subtenant hereunder on the Termination Date and shall be subject to the annual adjustments set forth in Section 4 below. Upon the exercise of the Option, Sublandlord and Subtenant shall immediately execute an amendment to this Sublease, and such option will amendment shall set forth among other things, the actual commencement date and expiration date of the Renewal Term. The Base Rent for the Renewal Term shall be null and void and incapable of exercisethose specified in Section 1(i) table. If the Tenant exercises the option Subtenant shall have no other right to extend the TermTerm under this Section 3(a), unless Sublandlord and Subtenant otherwise agree in writing. If Subtenant timely and properly exercises the Extended Term will Option, in strict accordance with the terms contained herein, Subtenant shall accept the Subleased Premises in its then “as-is” condition and, accordingly, Sublandlord shall not be required to perform any additional improvements to the Subleased Premises. The Option provided for herein is personal to Subtenant and may not be assigned, voluntarily or involuntarily, separate from or as part of the Sublease. At Sublandlord’s option, all rights of Subtenant under this Section 3(a) shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (A) Subtenant is in default under the Sublease (beyond the expiration of applicable notice and cure periods) at the time Subtenant exercises the Option, or is in default (beyond the expiration of applicable notice and cure periods) of any provision of the Sublease on the same terms date Sublandlord receives an Option Notice; (B) Subtenant has assigned its rights and conditions as the initial Term obligations under all or part of the Lease except for Basic Rent, and LandlordSublease or Subtenant has subleased all or part of the Subleased Premises; (C) Subtenant’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given financial condition is materially worse at the time an Option Notice is delivered to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based Sublandlord than on the prevailing fair market Basic Rent as at Effective Date; (D) Subtenant has failed to properly exercise the commencement Option in a timely manner in strict accordance with the provisions of this Section 3(a); or (E) Subtenant no longer has possession of all or any part of the Extended Term for similarly improved premises of similar sizeSubleased Premises under this Sublease, qualityor if this Sublease has been terminated earlier, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the terms and provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Sublease.
Appears in 1 contract
Option to Extend Term. If the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will shall have one option to extend the Term of the Lease for a further term of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Terminitial three (3) year term of this Lease for one (1) additional period of three (3) years (the "Option Period"), with the Extended Term will be Option Period commencing on the same terms third (3rd) anniversary of the Commencement Date and terminating on the day immediately preceding the sixth (6th) anniversary of the Commencement Date. The option to extend, as well as the commencement of the Option Period, shall be expressly conditioned upon Tenant, up to the time tile Option Period is to begin, having fully and timely complied with all its monthly rental obligations under this Lease and Tenant not having committed an uncured breach or default of any other of its other obligations under this Lease. The option to extend is exercisable by Tenant, if at all, only in strict compliance of the aforesaid conditions and by giving Landlord written notice of its election to extend the then term not later than the one-hundred eightieth (180th) day prior to tile Termination Date. Strict compliance with the conditions of the option and the exercise thereof is deemed material to tile parties and time for exercise is of the essence. Failure to so exercise shall be deemed a waiver of this option by Tenant, in which event this Lease shall expire on the then Termination Date as set forth in Paragraph 3. All terms, provisions, covenants and conditions of this Lease shall apply during the Option Period, except that there shall be no Further right to extend the term beyond the Option Period and the Base Rent during the Option Period shall be as provided in this Paragraph below. The Base Rent to be charged during each Option Period shall he adjusted, with the initial Term adjustment occurring on the first day of the Lease except Option Period. The Base Rent during the Option Period shall be the prevailing market rental rate at the time of the exercise of the option, including prevailing market increases, if any, for Basic Rentoption years two and three, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to but at no time lower than the Tenant Base Rent in force during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the If Landlord and Tenant cannot agree to the Tenant based on the prevailing fair market Basic Base Rent as at the commencement for all three years of the Extended Term for similarly improved premises option period (the "Option Base Rent") within fifteen (15) days of Tenant's notice, then each party shall immediately select a licensed commercial real estate broker familiar with similar sizeproperties in the area ("Arbitrator"), quality, use and location in buildings similar to who shall be charged with agreeing upon the Building, but will in any event not be less than the Basic Rental paid during the last year Option Base Rent within twenty (20) days of the initial Term failure of the Leaseparties to agree. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Termsuch Arbitrators cannot so agree, the matter will be determined by then they shall immediately select a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless third Arbitrator who shall render a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevail.decision within
Appears in 1 contract
Option to Extend Term. Landlord shall notify Tenant in writing at --------------------- least twelve (12) months prior to the Expiration Date of the initial Term of the Lease and/or twelve (12) months prior to the expiration of the first Extended Term (defined below), as applicable, as to whether Landlord will exercise its right to repossess the Premises from and after the Expiration Date or the expiration of the first Extended Term, as applicable (the "Recapture Right"). If Landlord, in Landlord's sole and absolute discretion, exercises this Recapture Right, then (i) the Lease shall terminate on the Expiration Date or the expiration of the first Extended Term, as applicable, (ii) Tenant duly shall have no right to extend this Lease for the Extended Term(s) (defined below), (iii) from and regularly pays after the rentExpiration Date or the expiration of the first Extended Term, plus GST/HST/PSTas applicable, Tenant shall have no further rights or interests in the Premises of any nature whatsoever, and performs each and every one (iv) provided Landlord, a Landlord Affiliate and/or a Technology Party initially occupies more than fifty percent (50%) of the covenants in Premises for their own use, Landlord shall be free to use the balance of the Premises for any purposes whatsoever, including, without limitation, assigning or subleasing the balance of the Premises to any person or entity for any purpose whatsoever. If Landlord does not timely exercise its Recapture Right as to the Premises upon the Expiration Date or the expiration of the first Extended Term, as applicable, then Tenant shall have the option to extend the term of this Lease as to the entire Premises (but not less than the entire Premises) for two (2) extended term(s) of one (1) year each commencing upon the Expiration Date of the initial Term of the Lease and the expiration of the first one-year Extended Term (each, an "Extended Term"). Tenant may exercise the foregoing option to be performed extend if and observed by the Tenant, the only if (i) Tenant will have one option notifies Landlord in writing of its irrevocable election to extend the Term of the Lease for a further term of five the Extended Term no later than eleven (511) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice months prior to the expiration Expiration Date of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three eleven (311) months prior to the commencement expiration date of the first one-year Extended Term, as applicable, (ii) Tenant extends the matter will be determined by a single arbitrator pursuant term with respect to the entire Premises (and not solely a portion of the Premises) and (iii) Tenant is not in material default of the Lease (following the expiration of any applicable cure periods without cure) either at the time of giving notice of its irrevocable election to extend or on the commencement date of each Extended Term. If each of the conditions set forth in the immediately preceding sentence are not satisfied in full, then Tenant's option(s) to extend the term of the Lease shall lapse and be null and void and the terms and provisions of the Commercial Arbitration Act second sentence of this Section 2.3 shall apply as though Landlord had exercised its Recapture Right as to the Premises. All of the terms and provisions of this Lease shall apply during the Extended Term except that (a) there shall be no further right to extend the term of the Lease beyond the second Extended Term, (b) except as expressly provided in this Lease, Landlord shall have no obligation to make improvements to the Premises of any nature whatsoever, (c) Tenant shall not be entitled to any abatement of Monthly Base Rent during either Extended Term and (d) Monthly Base Rent during each the Extended Term shall be determined and annually increased in accordance with the provisions of Exhibit B --------- attached hereto. The foregoing provisions unless right to extend the term of the Lease is personal to Tenant and may not be assigned, sold, leased or otherwise transferred, voluntarily or involuntarily, by or to any other person or entity except to a different method of determining Basic Rent for the Extended Term is set out Tenant Affiliate in the Lease, in which event such different method will govern and prevailaccordance with Article 15 below.
Appears in 1 contract
Sources: Office Lease (Chemdex Corp)
Option to Extend Term. If So long as Sublessee is not, on the Tenant duly and regularly pays date upon which the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term of the Lease for a further term of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant Sublessee exercises the applicable extension option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises applicable extension period, in default under the provisions of similar sizethis Sublease beyond the applicable grace period set forth herein, qualityif any, use and location in buildings similar to Sublessee may extend the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of this Sublease for two periods, each period to be five years (referred to herein as the Lease. If the Landlord "first extension period" and the Tenant are unable "second extension period"), by giving notice to agree on the Basic Rent for the Extended Term within three (3) Sublessor of its election to extend at least twelve months prior to in advance of the commencement of the Extended Termapplicable extension period. Prior to the exercise by Sublessee of either such option, the matter will expression "Term" shall mean the original ten-year term, and after the exercise by Sublessee of any such option, the expression "Term" shall mean the Original Term as it may have then been extended. Except as otherwise hereinafter set forth, all terms and conditions of this Sublease shall remain in full force and effect with respect to such extension period. If Sublessee shall give notice of its exercise of either such option to extend in the manner and within the time period provided aforesaid, the Term shall be determined by a single arbitrator pursuant extended upon the giving of such notice without the requirement of any further action on the part of either Sublessor or Sublessee. With respect to each such extension period, (i) the provisions Yearly Fixed Rent, as defined in Section 5.1 hereof, payable during such extension period shall be the fair market rent as of the Commercial Arbitration Act and commencement of such extension period determined in accordance with the foregoing provisions unless a different method of determining Basic Section 2.4 hereof, (ii) the Additional Rent, as defined in Section 5.2 hereof, payable during such extension period shall be adjusted to reflect Sublessee's pro rata share of all such Additional Rent then incurred by Sublessor in the operation and maintenance of the Building and the Lot based on the rentable square footage of the Sublease Premises in relation to the rentable square footage of the Building ("Sublessee's Proportionate Share") and (iii) Parking Rent, as defined in Section 2.5 hereof, payable during such extension period shall be the fair market rent as of the commencement of such extension period determined in accordance with the provisions of Section 2.4 hereof. In addition to the foregoing, with respect to each such extension period, Sublessee shall continue to pay Additional Rent for the Extended Term is Taxes, as defined in Section 5.2A hereof, all utility expenses as set out in the Lease, in which event such different method will govern forth herein and prevailany other costs and expenses set forth herein.
Appears in 1 contract
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of this Lease, at the Lease minimum rental set forth in Section 3.1 (b) or (c) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for a further term up to two (2) additional periods of five (5) years (each, the “Extended Term”), first commencing upon the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term hereof. Exercise of such option with respect to the first extended term shall be exercised on not less than two by written notice to Landlord at least nine (29) months’ months and not more than three twelve (312) months’ written notice months prior to the expiration of the Term failing which initial term hereof. Exercise of such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given with respect to the Tenant during the initial Term, second extended term shall be by written notice to Landlord at least nine (9) months and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less more than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three twelve (312) months prior to the commencement expiration of the Extended Termfirst extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the applicable extended term is to commence, then the exercise of the applicable option shall be of no force or effect, the matter will be determined by a single arbitrator extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises one or both extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the Commercial Arbitration Act and “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in accordance with this Section 2.6, Tenant shall have no right to extend the foregoing provisions unless a different method term of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Lease beyond its prescribed term.
Appears in 1 contract
Sources: Lease (Foxhollow Technologies, Inc.)
Option to Extend Term. If 40.1 Landlord grants to Tenant the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option right to extend the Term term of the this Lease for a further term of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three two (32) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on year periods under the same terms and conditions existing in the original Lease except as set forth in this Article 40. Tenant shall exercise such right to extend the term of this Lease by written notice to Landlord given no later than nine (9) months prior to the end of the original term or the first extension term, as the initial Term case may be.
40.2 Basic Annual Rent shall be adjusted on the first day of each extension term, and each year thereafter pursuant to Section 6.1.
40.3 Tenant shall not have the right to exercise either option to extend the term, notwithstanding anything set forth above to the contrary: (a) during the time commencing from the date Landlord gives to Tenant a written notice that Tenant is in default under any provision of this Lease and continuing until the default alleged in said notice is cured; (b) during the period of time commencing on the day after a monetary obligation to Landlord is due from Tenant and unpaid without any necessity for notice thereof to Tenant and continuing until the obligation is paid; or (c) after the expiration or earlier termination of this Lease. The period of time within which the option to extend may be exercised shall not be extended or enlarged by reason of the Lease except for Basic RentTenant’s inability to exercise the option because of the foregoing provisions. At the election of Landlord, all rights of Tenant under the provisions of this Article 40 shall terminate and Landlordbe of no further force or effect even after Tenant’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, due and except for this timely exercise of an option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar sizeextend if, quality, use and location in buildings similar to the Buildingafter such exercise, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Termextension term, this Lease is terminated because (1) Tenant fails to pay to Landlord a monetary obligation of Tenant for a period of sixty (60) days after such obligation becomes due (without necessity of Landlord to give notice to Tenant), or (2) Tenant fails to commence to cure a non-monetary default within thirty (30) days after the matter will be determined by a single arbitrator pursuant date Landlord gives notice to the provisions Tenant of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevaildefault.
Appears in 1 contract
Sources: Lease (Icagen Inc)
Option to Extend Term. If the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will shall have one (1) option (the "Extension Option") to extend the Term of the this Lease for a further term of an additional five (5) years immediately following the Initial Term (the “"Extended Term”"), such option to . The Extension Option may be exercised on not less than two (2) months’ and not more than three (3) months’ by Tenant only by irrevocable written notice prior of exercise delivered to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less no later than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three nine (39) months prior to the commencement Expiration Date. If Tenant does not deliver a notice of exercise by such date then the Extension Option shall immediately terminate and be of no further force or effect and this Lease shall terminate at the end of the Initial Term. Tenant's Extension Option shall be personal to Tenant and any Permitted Transferee (as defined in Section 17.3) and may not be exercised by or for the benefit of any other assignee or subtenant. Tenant may not exercise the Extension Option if on the date of such notice Tenant is in default (after any required notice and expiration of any applicable cure period) under this Lease. If Tenant becomes in default (after any required notice and expiration of any applicable cure period) under this Lease after exercise of the Extension Option but before the Expiration Date of the Initial Term, Landlord may, in addition to its other remedies under this Lease, elect to terminate such extension by notice in writing to Tenant, whereupon the Term shall expire without any such extension.
3.3.1 Upon Tenant's valid exercise of the Extension Option, the parties shall be obligated under all the terms and conditions of this Lease through the Extended Term, except that (i) Base Monthly Rent shall be adjusted as provided in Section 3.3.2, (ii) Landlord shall have no obligation to alter the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent Premises or pay any tenant improvement or refurbishment allowance for the Extended Term, and (iii) Tenant shall not have any additional rights to extend the Term.
3.3.2 Base Monthly Rent during the Extended Term is set for any portion of the Premises built out for laboratory use shall be equal to Thirty-one and 83/100 Dollars [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] ($31.83) per RSF in the Lease, in which event such different method will govern first year of the Extended Term and prevailshall increase annually during the Extended Term by three percent (3%) per year.
Appears in 1 contract
Option to Extend Term. If Provided that Lessee is not in default under any provision of this Lease, Lessee will have the Tenant duly and regularly pays following options (each, an “Option”) to request the rent, plus GST/HST/PSTextension of the term of this Lease, and performs each and every one upon the written consent of the covenants Lessor in the Lease to be performed and observed by the Tenantaccordance with clause (e) below, the Tenant term will be so extended, upon the following terms and conditions:
(a) Lessee will have one option four (4) options to extend request the Term extension of the term of this Lease for a further term period of five (5) years each (the “Extended Terms,” each an “Extended Term,” and, together with the Initial Term, the “Lease Term”), such option .
(b) In the event Lessee elects to be exercised on not less than two (2exercise the Option under Section 3(a) months’ and not more than three (3) months’ written notice prior the Lessor elects to consent to the expiration extension requested thereby under Section 3(e), the Lease of the Term failing which such option will be null and void and incapable UNH Premises during any of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will Terms shall be on governed by the same terms and conditions as contained in this Lease.
(c) The Options are not assignable separate and apart from this Lease.
(d) Each Option is for Lessee to extend the initial Term Lease for all (and not less than all) of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given UNH Premises.
(e) The Options are conditional upon Lessee giving Lessor written notice of its election to exercise the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as Option at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three least eighteen (318) months prior to the commencement end of the Initial Term or the then current Extended Term of this Lease, and Lessor providing its written consent to the extension requested thereby no less than twelve (12) months prior to the end of the Initial Term or the then current Extended Term of this Lease.
(f) Lessee will not have the right to exercise an Option, notwithstanding anything set forth above to the contrary, at any time after any event of default or defaults of the Lessee hereunder (without any necessity of Lessor to give notice of such default to Lessee).
(g) The period of time within which an Option may be exercised will not be extended or enlarged by reason of the Lessee’s inability to exercise the Option because of the foregoing provisions of Subparagraph (f).
(h) All rights of Lessee under the provisions of the Options will terminate and be of no further force or effect even after ▇▇▇▇▇▇’s due and timely exercise of an Option, and any consent provided by Lessor shall be deemed revoked, if, after such exercise, but prior to the commencement date of the new term, (i) Lessee fails to pay a monetary obligation of Lessee hereunder for a period of ten (10) days after written notice; or (ii) Lessee fails to commence and thereafter diligently pursue cure of default (other than a monetary default) within thirty (30) days after the date Lessor or the City gives notice to Lessee of such default.
(i) In the event Lessee exercises an Option in accordance with the requirements of clauses (a) through (h) above and Lessor fails to provide written consent to the extension requested thereby in accordance with clause (e) above, Lessor shall pay to Lessee, on the last day of the Initial Term or the then current Extended Term, the matter will be determined then following unamortized costs (the “Unamortized Costs”) consisting of (A) the unamortized costs of any Improvements (as defined in Section 4(g) below) made by a single arbitrator pursuant Lessee, based on the designated useful lives of such Improvements set forth in Exhibit C, assuming amortization over thirty (30) years and (B) the unamortized costs of amounts paid to the provisions City by Lessee for certain construction costs of the Commercial Arbitration Act and in accordance with mezzanine of the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out Premises in the Lease, in which event such different method will govern and prevailtotal amount of $329,681.
Appears in 1 contract
Sources: Lease
Option to Extend Term. If The following paragraphs are hereby added to the Lease as Paragraphs 52.1 through 52.4.
13.1 So long as Tenant (or a permitted assignee or sublessee) is the Tenant duly and regularly pays the renthereunder, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will shall have one option to extend the Term term of this Lease with respect to the entirety of the Premises then subject to the Lease for a further term period of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ years from the Lease Term Expiration Date (the “Extension Period”), subject to the following conditions:
(a) The option to extend shall be exercised, if at all, by written notice of exercise given to Landlord by Tenant not more than twelve (12) months nor less than nine (9) months prior to the Term Expiration Date;
(b) Anything herein to the contrary notwithstanding, if Tenant is in default under any of the material terms, covenants or conditions of the Lease, either at the time Tenant exercises either extension option or on the commencement date of the Extension Period then Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate such option to extend upon notice to Tenant.
13.2 In the event the applicable option is exercised in a timely fashion, the Lease shall be extended for the term of the applicable extension period upon all of the terms and conditions of this Lease, provided that the Base Rent for the Extension Period shall be the “Fair Market Rent” for the Premises, determined as set forth below, with annual increases as determined as part of the process set forth below.
13.3 Within thirty (30) days after receipt of Tenant’s notice of exercise, Landlord shall notify Tenant in writing of Landlord’s good faith estimate of the Base Rent for the first year of the applicable extension period, and Landlord’s estimate of annual increases, if any. For purposes hereof, “Fair Market Rent” shall mean collectively, (1) Base Rent for the first year of the Extension Period and (2) the annual increases determined at the time Base Rent for the first year is determined. Within thirty (30) days after receipt of such notice from Landlord, Tenant shall have the right either to (i) accept Landlord’s estimate of Fair Market Rent or (ii) elect to arbitrate Landlord’s estimate of Fair Market Rent, such arbitration to be conducted pursuant to the provisions hereof. Failure on the part of Tenant to require arbitration of Fair Market Rent within such thirty (30) day period shall constitute acceptance of the Fair Market Rent for the Extension Period as calculated by Landlord. If Tenant elects arbitration, the arbitration shall be concluded within ninety (90) days after the date of Tenant’s election, subject to extension for an additional thirty (30) day period if a third arbitrator is required and does not act in a timely manner. To the extent that arbitration has not been completed prior to the expiration of the Term failing any preceding period for which such option will be null and void and incapable of exercise. If the Base Rent has been determined, Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic shall pay Base Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of rate calculated by Landlord, with the Extended Term potential for similarly improved premises of similar size, quality, use and location in buildings similar an adjustment to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic made once Fair Market Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be is ultimately determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailarbitration.
Appears in 1 contract
Option to Extend Term. If the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will shall have one (1) option (the “Extension Option”) to extend the Term of the this Lease for a further term of an additional five (5) years immediately following the Initial Term (the “Extended Term”), such option to . The Extension Option may be exercised on not less than two (2) months’ and not more than three (3) months’ by Tenant only by irrevocable written notice of exercise delivered to Landlord no later than nine (9) months prior to the Expiration Date. If Tenant does not deliver a notice of exercise by such date then the Extension Option shall immediately terminate and be of no further force or effect and this Lease shall terminate at the end of the Initial Term. Tenant’s Extension Option shall be personal to Tenant and any Permitted Transferee (as defined in Section 17.3) and may not be exercised by or for the benefit of any other assignee or subtenant. Tenant may not exercise the Extension Option if on the date of such notice Tenant is in default (after any required notice and expiration of any applicable cure period) under this Lease. If Tenant becomes in default (after any required notice and expiration of any applicable cure period) under this Lease after exercise of the Extension Option but before the Expiration Date of the Initial Term, Landlord may, in addition to its other remedies under this Lease, elect to terminate such extension by notice in writing to Tenant, whereupon the Term failing which shall expire without any such option will extension.
3.3.1 Upon Tenant’s valid exercise of the Extension Option, the parties shall be null obligated under all the terms and void conditions of this Lease through the Extended Term, except that (i) Base Monthly Rent shall be adjusted as provided in Section 3.3.2, (ii) Landlord shall have no obligation to alter the Premises or pay any tenant improvement or refurbishment allowance for the Extended Term, and incapable of exercise. If the (iii) Tenant exercises the option shall not have any additional rights to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic .
3.3.2 Base Monthly Rent payable by the Tenant during the Extended Term will for any portion of the Premises built out for laboratory use shall be negotiated equal to Thirty-one and agreed upon between 83/100 Dollars [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] ($31.83) per RSF in the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement first year of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid shall increase annually during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within by three percent (3%) per year.
3.3.3 Base Monthly Rent during the Extended Term for any portion of the Premises built out for office use shall be equal to ninety-five percent (95%) of the then fair market rent (including periodic rent increases) for the office space in the Bothell market, determined in accordance with this Section. “Fair Market Rent” as of any date shall mean the per-square-foot rental rate for a direct lease for space comparable to the Premises, leased for a comparable term, with comparable uses, with comparable quality improvements and shell and core construction, in comparable Class A projects in the Bothell Market Area, taking into consideration: location in the Building or other building, extent of service provided or to be provided, the ownership of the comparable space, the time the particular rate under consideration became or is to become effective and any other relevant terms or conditions but excluding any consideration of Landlord’s transaction costs or savings.
3.3.4 Approximately six (6) months prior to the commencement of the Extended Term, Landlord shall propose a Base Monthly Rent schedule for the office space for the Extended Term. Failure on the part of Landlord to give such notice in a timely manner shall not vitiate the right to require adjustment of Base Monthly Rent, but such delay shall result in deferral of the adjustment to the date that is ninety (90) days after the date of such notice. The parties shall negotiate in good faith, but if they are unable to agree upon such Base Monthly Rent schedule within thirty (30) days after the delivery of Landlord’s proposal, Tenant may by written notice demand arbitration within thirty (30) days after receipt of notice from Landlord of Landlord’s determination of Fair Market Rent. If no arbitration demand is delivered, Tenant shall be deemed to have accepted the Fair Market Rent as determined by Landlord. If Tenant elects to arbitrate, then unless otherwise agreed in writing by the parties, the matter will shall be determined by a single arbitrator pursuant submitted to the provisions of the Commercial Arbitration Act and arbitration in accordance with the terms of the following paragraphs. The date on which Tenant gives its demand for arbitration is referred to in this Lease as the “Arbitration Commencement Date”.
3.3.5 Within fifteen (15) days after the Arbitration Commencement Date, each party shall provide the other party with written notice (a “Rent Notice”) of its determination of Fair Market Rent. The matter shall then be submitted for decision to a single arbitrator or a panel of three (3) arbitrators selected in accordance with this Section 3.3.4. Each arbitrator appointed under this provision shall be an MAI certified appraiser with at least ten (10) years professional appraising experience (including recent experience in the Bothell market) who would qualify as an expert witness over objection to give testimony addressed to the issue in a court of competent jurisdiction and shall not have worked for or on behalf of either party during the three (3) year period ending on the Arbitration Commencement Date. If Landlord and Tenant are unable to agree on a single arbitrator within thirty (30) days after the Arbitration Commencement Date, then each party shall select an arbitrator who shall be qualified under the same criteria set forth above, and so notify the other party in writing within fifteen (15) days after the end of such thirty (30) day period. The two arbitrators so chosen by the parties shall then appoint a third arbitrator within fifteen (15) days after the date of the appointment of the last appointed arbitrator. If the two arbitrators so chosen by the parties are unable to agree on the third arbitrator within such fifteen (15) day period, the third arbitrator will be appointed by the director (or the equivalent) of the Seattle office of the American Arbitration Association upon the [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH A SERIES OF THREE ASTERISKS IN BRACKETS [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] application of either party. If either party fails to timely select its arbitrator and so notify the other party in writing within the foregoing provisions unless fifteen (15) day period, and the other party timely selects its arbitrator, then the arbitrator selected by the other party shall be the sole arbitrator for determining Fair Market Rent. If a different method third arbitrator is selected, then the decision by a majority of determining Basic the panel of three arbitrators shall determine Fair Market Rent pursuant to this Section 3.3.
3.3.6 Within thirty (30) days after the selection of the arbitrator pursuant to Section 3.3.4 above, the arbitrator or arbitrators shall determine Fair Market Rent by selecting either the Fair Market Rent stated in Landlord’s Rent Notice or the Fair Market Rent stated in Tenant’s Rent Notice. The determination of the arbitrator or arbitrators shall be limited to the sole issue of whether the Fair Market Rent specified in Landlord’s Rent Notice or Tenant’s Rent Notice is closest to the actual Fair Market Rent as determined by the arbitrator or arbitrators. The arbitrator or arbitrators shall have no power to average such amounts, modify the proposed rent schedules or to designate a Fair Market Rent other than that specified in either Landlord’s Rent Notice or Tenant’s Rent Notice.
3.3.7 Both parties may submit any information to the arbitrator or arbitrators for consideration, with copies to the other party. The arbitrator or arbitrators shall have the right to consult experts and competent authorities for factual information or evidence pertaining to the determination of Fair Market Rent or to conduct a hearing. The arbitrator or arbitrators shall render his, her or their decision by written notice to each party. The determination of the arbitrator or a majority of the panel of three (3) arbitrators shall be final and binding upon Landlord and Tenant. If there is only one arbitrator then each party shall pay fifty percent (50%) of the cost of the arbitration. If there are three arbitrators then each party shall pay the cost of its own arbitrator and fifty percent (50%) of the cost of the third arbitrator.
3.3.8 The award rendered in any such arbitration may be entered in any court having jurisdiction and shall be final and binding between the parties. The arbitration shall be conducted and determined in the City of Seattle, Washington, in accord with the then-prevailing commercial arbitration rules of the American Arbitration Association or its successor for arbitration of commercial disputes except that the procedures mandated by said rules shall be modified as set forth in this Section.
3.3.9 If Tenant elects to arbitrate and the arbitration is not concluded prior to the first day of the Extended Term, then Tenant shall pay Base Monthly Rent to Landlord commencing on the first day of the applicable Extended Term in an amount equal to the Fair Market Rent specified in Landlord’s Rent Notice. If the amount of Fair Market Rent as determined by arbitration is set out greater than or less than the Fair Market Rent specified in Landlord’s Rent Notice, then any adjustment required to correct the Lease, in which event amount previously paid shall be made by payment by the appropriate party within ten (10) days after such different method will govern and prevaildetermination of Fair Market Rent.
Appears in 1 contract
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term --------------------- term of this Lease, at the Lease Basic Annual Rent set forth in Paragraph 3.5 and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for a further term up to two (2) additional periods of five (5) years (each, the “Extended Term”)first extension commencing upon the expiration of the initial term hereof and the second extension commencing upon the expiration of the first extended term, if any. Exercise of such option with respect to the first such extended term shall be exercised on not less than two (2) months’ and not more than three (3) months’ by written notice to Landlord at least nine (9) months prior to the expiration of the Term failing which initial term hereof; exercise of such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given with respect to the Tenant during second extended term, if the initial Termfirst extension option has been duly exercised, and except for this option shall be by like written notice to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three least nine (39) months prior to the commencement expiration of the Extended Termfirst extended term hereof. If Tenant is in default beyond the expiration of any applicable notice and cure period hereunder on the date of such notice or on the date any extended term is to commence, or if this Lease has earlier terminated for any reason, then the extension option, at Landlord's election, shall be of no force or effect, the matter will be determined by a single arbitrator extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). Except as expressly set forth in this Paragraph 2.7, Tenant shall have no right to extend the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method term of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Lease beyond its prescribed term.
Appears in 1 contract
Option to Extend Term. If the Landlord hereby grants to Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one (1) option to extend the initial Lease Term of the Lease for a further term period of five Two (52) years (the “"Extended Term”"), such option to be exercised on not less than two the following terms and conditions:
(2a) months’ and not more than three (3) months’ Tenant shall give Landlord written notice prior to the expiration of the Term failing which such option will be null and void and incapable its exercise of exercise. If the Tenant exercises the option to extend the TermLease Term no earlier than nine 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 the option (and such default has not been cured within the cure or grace period, if any, applicable to such default), or if Tenant shall have assigned or otherwise transferred its interest in this Lease and/or the Premises, whether or not Landlord's consent to such assignment or transfer has been given, to any third party other than an Affiliate of Tenant (as described in Paragraph 24.5 below). If Tenant is in default under this Lease on the date that the applicable Extended Term will is to commence, then 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 on the same void and of no force or effect.
(c) All terms and conditions as the initial Term of the this Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant shall apply during the Extended Term will be negotiated and agreed upon between Term, except that the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic monthly base Rent for the Extended Term within three shall be determined in accordance with Paragraph 4.4 below, Tenant shall have no further options to extend the Lease Term beyond the Extended Term described in this Paragraph 3.5 and Landlord shall have no obligation to construct or install any tenant improvements in the Premises for the benefit of the Tenant.
(3d) months prior Once Tenant delivers notice of its exercise of the option to extend the Lease Term, Tenant may not withdraw such exercise and, subject to the commencement provisions of this Paragraph 3.5, such notice shall operate to extend the Lease Term. The preceding to the contrary notwithstanding, if the Rent payable during the Extended Term is determined pursuant to Paragraph 4.4(b) below, and Tenant objects to the amount of such Rent as determined pursuant to such Paragraph 4.4(b), then Tenant may elect to rescind its extension notice by delivering to Landlord, within ten (10) days following the date Tenant is informed of the Extended Termamount of Rent determined pursuant to Paragraph 4.4(b), (i) written notice of rescission, and (ii) an amount equal to the matter will be determined sum of (1) an amount equal to the appraisal costs paid or incurred by a single arbitrator Landlord pursuant to the provisions of Paragraph 4.4(b) below, plus (2) the Commercial Arbitration Act product obtained by multiplying (x) the monthly base Rent determined pursuant to Paragraph 4.4(b), by (y) six (6) (such sum being hereinafter referred to as the "Rescission Fee"). In the event such rescission notice is timely given and payment of such Rescission Fee is timely made, then the Lease Term shall expire on the date the Lease Term would otherwise have expired had Tenant not exercised its option to extend the Lease Term. Time is of the essence with respect to the delivery of the rescission notice and Rescission Fee. If Tenant does not deliver such rescission notice and Rescission Fee to Landlord within the ten (10) day period referred to above, then Tenant shall be deemed to have waived its right to rescind the extension notice. Upon the extension of the Lease Term pursuant to this Paragraph 3.5, the term "Term" as used in accordance with the foregoing provisions unless a different method of determining Basic Rent for this Lease shall thereafter include the Extended Term is set out in and the Lease, in which event such different method will govern and prevailEnding Date of this Lease shall be the expiration date of the Extended Term unless sooner terminated pursuant to the terms hereof.
Appears in 1 contract
Sources: Net Lease Agreement (Integrated Device Technology Inc)
Option to Extend Term. If Provided that at the Tenant duly time of such notice of exercise and regularly pays at the rent, plus GST/HST/PST, and performs each and every one time of the covenants commencement of the applicable extension term, there exists no monetary default (beyond any applicable notice and cure period in this Lease) and no default described in Section 26(a)(iv), Tenant shall have the Lease to be performed right and observed option, exercisable by giving Landlord prior written notice thereof at least nine (9) months in advance of the Tenantapplicable Expiration Date, the Tenant will have one option to extend the Term (for all or a portion of the Lease PremisesBas described in subsection (d) below) for a further term of five (5) years (the “Extended Term”), such option up to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior additional consecutive periods of thirty-six (36) months each, the first such extended term or any subsequent extended term to begin on the expiration Expiration Date of the initial Term failing which such option will or the Expiration Date of any previous extended term, as the case may be. Such extension shall be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on under the same terms and conditions as provided in this Lease except as follows:
(a) all references to the initial Term in this Lease shall be deemed to mean the Term as extended pursuant to this Section;
(b) there shall be no further options to extend the Term except as expressly provided herein;
(c) Minimum Annual Rent for each Lease Year of the Lease except for Basic Rentextension terms shall be as follows: First Extension: 11 $ 12.129 12 $ 12.371 13 $ 12.619 Second Extension: 14 $ 12.871 15 $ 13.129 16 $ 13.391 Third Extension: 17 $ 13.659 18 $ 13.932 19 $ 14.211 (d) With respect to any extension option, and Landlord’s workTenant may elect to extend this Lease, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement terms and conditions stated above, for all or less than all of the Extended Term Premises then being leased by Tenant under this Lease. If Tenant desires to extend this Lease for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year entire Premises then being leased by Tenant, Tenant shall include in its extension notice a detailed description of the initial Term space in which Tenant is extending. In no event shall Tenant extend with respect to less than 20,000 rentable square feet, and in no event shall Tenant leave Landlord with less than 20,000 rentable square feet within the Building. Moreover, any portion of the Premises that Tenant so surrenders to Landlord in connection with an extension as to less than all of the Premises must be (1) Leasable Space (as that term is defined below) and (2) must be surrendered to Landlord in the condition required under this Lease with respect to surrender of space at the expiration or termination of this Lease. If Tenant so extends for less than all of the then Premises, Tenant and Landlord shall each pay one-half of the cost of constructing any demising wall between the space surrendered and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined Premises retained by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailTenant.
Appears in 1 contract
Sources: Lease Agreement (Kroll Inc)
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of this Lease, at the Lease minimum rental set forth in Section 3.1(c) and (d) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for a further term up to two (2) additional periods of five (5) years (each, the “Extended Term”)first commencing upon the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term, if any. Exercise of such option with respect to the first such extended term shall be exercised on not less than two by written notice to Landlord at least nine (29) months’ months and not more than three twelve (312) months’ written notice months prior to the expiration of the Term failing which initial term hereof; exercise of such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given with respect to the Tenant during second extended term, if the initial Termfirst extension option has been duly exercised, shall be by like written notice to Landlord at least nine (9) months and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less more than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three twelve (312) months prior to the commencement expiration of the Extended Termfirst extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the matter will be determined by a single arbitrator extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises one or more extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the Commercial Arbitration Act and "term" of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in accordance with this Section 2.6, Tenant shall have no right to extend the foregoing provisions unless a different method term of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Lease beyond its prescribed term.
Appears in 1 contract
Option to Extend Term. If A. Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of the this Lease for a further term of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ periods of four (4) years each (collectively, the "Option Periods"; individually, the "Option Period"), with the first Option Period, commencing upon expiration of the initial term of this Lease and the second Option Period commencing upon expiration of the first option Period, subject to the following conditions:
(i) The option with respect to the first Option Period shall be exercised by notice of exercise given to Landlord not more than three twelve (312) months’ written notice months nor less than six (6) months prior to the expiration of the Term failing which such option will be null initial term, and void and incapable of exercise. If the Tenant exercises the option with respect to extend the Term, second Option Period shall be given not more than twelve months nor less than six months prior to the Extended Term will be on the same terms and conditions as the initial Term expiration of the Lease except for Basic Rentfirst Option Period.
(ii) At the time each option is exercised, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of each Option Period, the Extended Term for similarly improved premises Lease shall be in full force and effect and no Event of similar sizeDefault shall then exist, qualityand, use and location in buildings similar with respect to the Buildingsecond option Period, but will Tenant shall have timely exercised its option with respect to the first option Period and the Lease shall be in any full force and effect.
B. In the event not the option is timely exercised, the Lease shall be less than extended for the Basic Rental paid during the last year term of the initial Term Option Period in question upon all the terms and conditions of the Lease. If , however, provided that the Landlord Base Rent during the first option Period shall be as set forth in the Basic Lease Information and the Tenant are unable to agree on Base Rent during the Basic Second Option Period shall be ninety five percent (95%) of the then Fair Market Rent for the Extended Term within three (3) months prior to premises as of the commencement of the Extended Termsecond Option Period.
C. If Tenant exercises its option as to the second Option Period, Landlord shall give its determination of Fair Market Rent by notice to Tenant not less than 20 days after Tenant's notice of exercise of the matter will option, provided, however, that if Tenant believes that the Fair Market Rent specified by Landlord exceeds the actual Fair Market Rental for the premises as of such date, Tenant shall so notify Landlord within five business days following the giving of Landlord's notice and the amount of Base Rent during the second Option Period shall be determined by as follows:
(i) Within 20 days after Landlord's notice of Fair Market Rent is given to Tenant, Tenant, at its sole expense, shall obtain a single arbitrator pursuant to the provisions determination of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Fair Market Rent for the Extended Term is set out Premises for a three year term as of commencement of the option Period from a broker ("Tenant Broker") licensed in the Lease, State of California and engaged in which event the office/R&D brokerage business in the ▇▇▇▇▇▇ City area and shall submit such different method will govern and prevaildetermination to Landlord.
Appears in 1 contract
Sources: Sublease (Depomed Inc)
Option to Extend Term. If Tenant shall have two (2) separate options to extend the then term of this Lease for an additional five (5) year period (i.e., for a total, if both such options are exercised as provided herein, of ten successive years beyond the Original Term) (each five year period being referred to herein as an "Extended Term"), provided (i) to exercise each such option, Tenant duly shall give notice in writing to Landlord of its exercise not less than twelve (12) months prior to expiration of the Original Term or the first Extended Term, as the case may be (the "Exercise Date"), (ii) no default continuing beyond any applicable notice, grace or cure period in the obligations of Tenant under this Lease shall exist at the time each such notice is given (and regularly pays all such defaults shall be fully corrected or cured, as may be applicable, within the rentapplicable period of grace and all interest and other costs due, plus GST/HST/PSTif any, to Landlord in connection therewith shall be paid in full within such period of grace), and performs each and every one (iii) at the time such option is exercised Tenant is in occupancy of the covenants in entire Premises then demised hereunder (except to the extent that such occupancy is prevented by Casualty or Taking, and except for any assignments, transfers, mortgages, pledges, encumbrances or sublettings permitted by this Lease or otherwise consented to by Landlord). All of the terms and provisions of this Lease shall be performed and observed by the Tenant, the applicable during each such Extended Term except that (i) Tenant will shall have one no option to extend the Term of this Lease beyond the Lease second Extended Term and (ii) the Annual Fixed Rental Rate for a further term of five (5) years (each Extended Term shall be adjusted in accordance with Section 2.5. The word "Term" or "term" as used herein shall mean the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Original Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, plus any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar Terms as to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the which Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailshall have exercised its option under this Section 2.2.
Appears in 1 contract
Sources: Lease (Arqule Inc)
Option to Extend Term. If Provided (i) this Lease shall then be in full force and effect and Tenant shall not then be in default hereunder beyond the Tenant duly and regularly pays expiration of any applicable grace or cure period either at the rent, plus GST/HST/PSTtime of the exercise of such option or upon commencement of the Extension Term, and performs each (ii) Tenant shall accept the Premises for the Extension Term "as is", Tenant shall have the right, at its option, to extend the Term for one consecutive five (5) year period (the "Extension Term"). The Extension Term shall commence on the day after the Term Expiration Date and every one shall expire on the day immediately preceding the fifth (5th) anniversary of the Term Expiration Date (the "Extension Term Expiration Date") unless such Extension Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law. Tenant shall give Landlord written notice of Tenant's intention to exercise any such option at least one hundred eighty (180) days but not more than two hundred forty (240) days prior to the scheduled Term Expiration Date, the time of exercise being of the essence and upon the giving of such notice, this Lease and the Term shall be extended without execution or delivery of any other or further documents, with the same force and effect as if the Extension Term had originally been included in the Lease Term and the Scheduled Term Expiration Date and the Term Expiration Date shall thereupon be deemed to be performed the last day of the Extension Term. All of the terms, covenants and observed by conditions of this Lease shall continue in full force and effect during any such Extension Term, including items of additional rent and escalation which shall remain payable on the Tenantterms herein set forth, except that the Basic Rent shall be determined in accordance with the terms of Section 13.02 below and after Tenant will shall have one option exercised its right to extend the Term for the Extension Term, Tenant shall have no further right to extend the Term of the this Lease for a further term of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Article XIII.
Appears in 1 contract
Option to Extend Term. If the (a) Landlord hereby grants to Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one (1) option to extend the Term term of the Lease (the "Extension Option") for a further term an additional period of five (5) years (the “Extended "Second Extension Term”)") commencing on the first day following the Expiration Date, such option on the terms and subject to the conditions set forth in this Paragraph; provided, however, that (i) the Extension Option shall be exercised exercised, if at all, only with respect to the entire Premises, and (ii) if an Event of Default exists under the Lease, which Event of Default has not been waived in writing by Landlord, either at the time Tenant exercises the Extension Option or at any time thereafter prior to or upon the commencement of the Second Extension Term, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in the Lease, the right (but not the obligation) to terminate the Extension Option and to unilaterally revoke Tenant's exercise of the Extension Option, in which event the Lease shall expire on not less than two the Expiration Date, unless sooner terminated pursuant to the terms thereof, and Tenant shall have no further rights under the Lease to renew or extend the term of the Lease.
(2b) months’ and not more than three (3) months’ Tenant shall exercise the Extension Option, if at all, by giving Landlord unconditional, irrevocable written notice of such election not later than twelve (12) months prior to the Expiration Date, the time of such exercise being of the essence. Subject to the provisions of this Paragraph 9, upon the giving of such notice, the term of the Lease shall be extended without execution or delivery of any other or further documents, with the same force and effect as if the Second Extension Term had originally been included in the term of the Lease.
(c) If Tenant exercises the Extension Option pursuant to Paragraph 9(b) above, all of the terms, covenants and conditions of the Lease shall continue in full force and effect during the Second Extension Term, including provisions regarding payment of Additional Rent, which shall remain payable on the terms herein set forth, except that (i) the Basic Monthly Rental during the Second Extension Term shall be as determined in accordance with this Paragraph 9; (ii) Tenant shall continue to possess and occupy the Premises in their existing condition, "as is", as of the commencement of the Second Extension Term, and Landlord shall have no obligation to repair, remodel, improve or alter the Premises, to perform any other construction or other work of improvement upon the Premises, or to provide Tenant with any construction or refurbishing allowance whatsoever; and (iii) Tenant shall have no further rights to extend the term of the Lease after the expiration of the Term failing which such option will be null and void and incapable of exercise. If Second Extension Term.
(d) The Basic Monthly Rental payable by Tenant for the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant Premises during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by Second Extension Term shall equal the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing "fair market Basic Rent rental value" (as at defined below) for the Premises, valued as of the commencement of the Extended Second Extension Term, determined in the manner hereinafter provided; provided, however, that in no event shall the Basic Monthly Rental payable during the Second Extension Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Monthly Rental paid in effect immediately preceding the commencement of the Second Extension Term (without regard to any abatements of Rental on account of Casualty or otherwise); provided, however, that Tenant shall be entitled to abatement of Rental during the last year of Second Extension Term if the initial Term of Casualty or other grounds for such abatement under the LeaseLease shall continue during the Second Extension Term) ("Minimum Basic Rental Floor"). If As used herein, the Landlord and the Tenant are unable to agree on term "fair market rental value" shall mean the Basic Rent Monthly Rental that a willing tenant would pay, and that a willing landlord would accept, at arm's length, for space comparable to the Extended Term Premises within three comparable office buildings located in the South of Market area of San Francisco, California (3the "Comparison Buildings"), based upon binding lease transactions for tenants in the Comparison Buildings that, where possible, commence or are to commence within six (6) months prior to or within six (6) months after the commencement of the Extended TermSecond Extension Term ("Comparison Leases"). Comparison Leases shall include renewal and new non-renewal tenancies, but shall exclude subleases and leases of space subject to another tenant's expansion rights. Rental rates payable under Comparison Leases shall be adjusted to account for variations between the Lease and the Comparison Leases with respect to: (i) the length of the Second Extension Term compared to the lease term of the Comparison Leases; (ii) rental structure, including, without limitation, rental rates per rentable square foot (including type, gross or net, and if gross, adjusting for base year or expense stop), additional rental and escalation provisions; (iii) the size of the Premises compared to the size of the premises subject to the Comparison Leases; (iv) location, floor levels and efficiencies of the floor(s) for which the determination is being made; (v) free rent, moving expenses and other cash payments, allowances or other monetary concessions affecting the rental rate; (vi) the age and quality of construction of the buildings (including compliance with applicable codes on the applicable floors); and (vii) leasehold improvements and/or allowances, including the amounts thereof in renewal leases, and taking into account, in the case of renewal leases (including the Lease), the matter will be determined by a single arbitrator pursuant value of existing leasehold improvements to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailrenewal tenant.
Appears in 1 contract
Sources: Lease (Micromuse Inc)
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term of the this Lease for a further term two (2) additional periods of five three (53) years each (individually a “Premises Option” and collectively the “Premises Options”). The period of a Premises Option is referred to herein as the “Option Term.” Tenant shall have no right or interest to exercise a Premises Option unless: (a) Tenant gives the Landlord written notice of its intent to exercise the Premises Option no earlier than seven (7) months and no later than six (6) months prior to the end of the Term, or any prior extension thereof (the “Extended TermExtension Notice”); (b) at the time the Extension Notice is given, such option to be exercised on Tenant is not less in default of any of the terms or conditions under this Lease beyond any applicable cure period, nor are there any conditions which with the passage of time could result in a default by Tenant at any time; (c) Tenant has not been in default beyond any applicable cure period in the performance of any of its obligations under this Lease more than two (2) months’ and not more than three (3) months’ written notice times prior to the date the Extension Notice is given; and (d)
(i) Tenant has not filed, nor sought protection, under any bankruptcy statute, (ii) Tenant has not failed to obtain a vacation from any involuntary bankruptcy proceeding within sixty (60) days of such filing, and (iii) Tenant has not defaulted or there are no events which may cause a default under any of Tenant’s debt or indenture obligations. Annual Base Rent during the Option Term shall be as set forth in Section 8 below. Time is of the essence with respect to Tenant’s exercise of the Premises Options. Tenants’ failure to exactly comply with any of the time or other requirements herein, shall cause the Premises Options to automatically expire and, in such event, this Lease shall terminate upon the expiration of the Term failing which such option will be null and void and incapable of exerciseTerm. If the Tenant exercises the The option to extend the TermTerm pursuant hereto for the Option Terms shall be personal to Tenant and shall not be exercisable by or for the benefit of any assignee, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance subtenant or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement transferee of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailTenant.
Appears in 1 contract
Option to Extend Term. If the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, provided it is not in default under the Tenant will terms of this Lease Agreement, shall have one option the right to extend the Term of the renew this Lease for a further term of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ and not more than additional three (3) months’ written notice prior to year terms (the "Option Term"), commencing immediately upon the expiration of the last day of the Initial Term failing which such option will be null and void and incapable of exercise. If or the Tenant exercises the option to extend the first Option Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rentapplicable, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for under this option to extendLease. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last During each year of the initial Term of Option Terms, Tenant shall pay to Landlord as follows: As to the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within first three (3) months year extension term: 6th Year - $8.32 per square foot 7th Year - $8.65 per square foot 8th Year - $9.00 per square foot As to the second three (3) year extension term: 9th Year - $ 9.36 per square foot 10th Year - $ 9.73 per square foot 11th Year - $10.12 per square foot This Base Rent during the option Terms shall be payable in twelve (12) equal monthly installments, in advance on the 1st day of each month, without demand, deduction or setoff. All terms and 36 provisions of this Lease shall remain in effect during each of the Option Terms. The Initial Term and the Option Term(s) are hereafter collectively referred to as the "Term".
(1) The Tenant shall give Landlord ninety (90) days written notice of its intention to exercise each Option Term. Time is of the essence. Such Option Term shall be subject to all terms and conditions of the original Lease between the parties, except as expressly modified by this option.
(2) In the event that Tenant does not give Landlord written notice of its intention to exercise an Option Term within one hundred twenty (120) days of the end of the Initial Term or the end of the first Option Term, as applicable, Landlord shall have the right, beginning one hundred twenty (120) days prior to termination of Tenant's tenancy, to show the commencement of Premises to prospective Lessees. This right shall be exercised during normal business hours and Landlord shall give Tenant at least twenty-four (24) hours notice prior to exercising Landlord's option to show the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailPremises.
Appears in 1 contract
Sources: Purchase Agreement (United American Healthcare Corp)
Option to Extend Term. If the Landlord hereby grants to Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one (1) option to extend the initial Lease Term of the Lease for a further term period of five three (53) years (the “"Extended Term”"), such option to be exercised on not less than two the following terms and conditions:
(2a) months’ and not more than three (3) months’ Tenant shall give Landlord written notice prior to the expiration of the Term failing which such option will be null and void and incapable its exercise of exercise. If the Tenant exercises the option to extend the TermLease Term no earlier than nine 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 the option (and such default has not been cured within the cure or grace period, if any, applicable to such default), or if Tenant shall have assigned or otherwise transferred its interest in this Lease and/or the Premises, whether or not Landlord's consent to such assignment or transfer has been given, to any third party other than an Affiliate of Tenant (as described in Paragraph 24.5 below). If Tenant is in default under this Lease on the date that the applicable Extended Term will is to commence, then 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 on the same void and of no force or effect.
(c) All terms and conditions as the initial Term of the this Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant shall apply during the Extended Term will be negotiated and agreed upon between Term, except that the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic monthly base Rent for the Extended Term within three shall be determined in accordance with Paragraph 4.4 below, Tenant shall have no further options to extend the Lease Term beyond the Extended Term described in this Paragraph 3.5 and Landlord shall have no obligation to construct or install any tenant improvements in the Premises for the benefit of the Tenant.
(3d) months prior Once Tenant delivers notice of its exercise of the option to extend the Lease Term, Tenant may not withdraw such exercise and, subject to the commencement provisions of this Paragraph 3.5, such notice shall operate to extend the Lease Term. The preceding to the contrary notwithstanding, if the Rent payable during the Extended Term is determined pursuant to Paragraph 4.4(b) below, and Tenant objects to the amount of such Rent as determined pursuant to such Paragraph 4.4(b), then Tenant may elect to rescind its extension notice by delivering to Landlord, within ten (10) days following the date Tenant is informed of the Extended Termamount of Rent determined pursuant to Paragraph 4.4(b), (i) written notice of rescission, and (ii) an amount equal to the matter will be determined sum of (1) an amount equal to the appraisal costs paid or incurred by a single arbitrator Landlord pursuant to the provisions of Paragraph 4.4(b) below, plus (2) the Commercial Arbitration Act product obtained by multiplying (x) the monthly base Rent determined pursuant to Paragraph 4.4(b), by (y) six (6) (such sum being hereinafter referred to as the "Rescission Fee"). In the event such rescission notice is timely given and payment of such Rescission Fee is timely made, then the Lease Term shall expire on the date the Lease Term would otherwise have expired had Tenant not exercised its option to extend the Lease Term. Time is of the essence with respect to the delivery of the rescission notice and Rescission Fee. If Tenant does not deliver such rescission notice and Rescission Fee to Landlord within the ten (10) day period referred to above, then Tenant shall be deemed to have waived its right to rescind the extension notice. Upon the extension of the Lease Term pursuant to this Paragraph 3.5, the term "Term" as used in accordance with the foregoing provisions unless a different method of determining Basic Rent for this Lease shall thereafter include the Extended Term is set out in and the Lease, in which event such different method will govern and prevailEnding Date of this Lease shall be the expiration date of the Extended Term unless sooner terminated pursuant to the terms hereof.
Appears in 1 contract
Sources: Net Lease Agreement (Integrated Device Technology Inc)
Option to Extend Term. If the Landlord hereby grants to Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one (1) option to extend the initial Lease Term of the Lease for a further term period of five (5) years (the “"Extended Term”"), such option to be exercised on not less than two the following terms and conditions:
(2a) months’ and not more than three (3) months’ Tenant shall give Landlord written notice prior to the expiration of the Term failing which such option will be null and void and incapable its exercise of exercise. If the Tenant exercises the option to extend the TermLease 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 the option (and such default has not been cured within the cure or grace period, if any, applicable to such default), or if Tenant shall have assigned or otherwise transferred its interest in this Lease and/or the Premises, whether or not Landlord's consent to such assignment or transfer has been given, to any third party other than an Affiliate of Tenant (as described in Paragraph 24.5 below). If Tenant is in default under this Lease on the date that the applicable Extended Term will is to commence, then 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 on the same void and of no force or effect.
(c) All terms and conditions as the initial Term of the this Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant shall apply during the Extended Term will be negotiated and agreed upon between Term, except that the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic monthly base Rent for the Extended Term within three shall be determined in accordance with Paragraph 4.4 below, Tenant shall have no further options to extend the Lease Term beyond the Extended Term described in this Paragraph 3.5 and Landlord shall have no obligation to construct or install any tenant improvements in the Premises for the benefit of the Tenant.
(3d) months prior Once Tenant delivers notice of its exercise of the option to extend the Lease Term, Tenant may not withdraw such exercise and, subject to the commencement provisions of this Paragraph 3.5, such notice shall operate to extend the Lease Term. The preceding to the contrary notwithstanding, if the Rent payable during the Extended Term is determined pursuant to Paragraph 4.4(b) below, and Tenant objects to the amount of such Rent as determined pursuant to such Paragraph 4.4(b), then Tenant may elect to rescind its extension notice by delivering to Landlord, within ten (10) days following the date Tenant is informed of the Extended Termamount of Rent determined pursuant to Paragraph 4.4(b), (i) written notice of rescission, and (ii) an amount equal to the matter will be determined sum of (1) an amount equal to the appraisal costs paid or incurred by a single arbitrator Landlord pursuant to the provisions of Paragraph 4.4(b) below, plus (2) the Commercial Arbitration Act product obtained by multiplying (x) the monthly base Rent determined pursuant to Paragraph 4.4(b), by (y) six (6) (such sum being hereinafter referred to as the "Rescission Fee"). In the event such rescission notice is timely given and payment of such Rescission Fee is timely made, then the Lease Term shall expire on the date the Lease Term would otherwise have expired had Tenant not exercised its option to extend the Lease Term. Time is of the essence with respect to the delivery of the rescission notice and Rescission Fee. If Tenant does not deliver such rescission notice and Rescission Fee to Landlord within the ten (10) day period referred to above, then Tenant shall be deemed to have waived its right to rescind the extension notice. Upon the extension of the Lease Term pursuant to this Paragraph 3.5, the term "Term" as used in accordance with the foregoing provisions unless a different method of determining Basic Rent for this Lease shall thereafter include the Extended Term is set out in and the Lease, in which event such different method will govern and prevailEnding Date of this Lease shall be the expiration date of the Extended Term unless sooner terminated pursuant to the terms hereof.
Appears in 1 contract
Sources: Net Lease Agreement (Integrated Device Technology Inc)
Option to Extend Term. If Landlord hereby grants to Tenant the Tenant duly and regularly pays option (the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option “Option”) to extend the initial Term of (the Lease “Initial Term”) for a further term two (2) periods of five (5) years each (the “Extended Option Term”), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior upon and, subject to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as set forth in this Section 53. The Option shall be exercised, if at all, by written notice to Landlord on or before the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three date that is six (36) months prior to the commencement Expiration Date of the Extended Initial Term or termination of the first option period, as the case may be. In the event Tenant exercises the Option, each of the terms, covenants and conditions of this Lease shall apply during the applicable Option Term as though the Expiration Date of the Option Term was the date originally set forth herein as the Expiration Date of the Initial Term, except that the matter will Rent to be determined by a single arbitrator pursuant paid during the Option Term shall be increased as set forth in Section 1.5. Anything contained herein to the provisions contrary notwithstanding, if Tenant is in material default under any of the Commercial Arbitration Act terms, covenants or conditions of this Lease either at the time Tenant exercises the Option or at any time thereafter prior to the Commencement Date of the Option Term, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in accordance with this Lease, the foregoing provisions unless a different method of determining Basic Rent for right to terminate the Extended Term is set out in the LeaseOption upon notice to Tenant, in which event such different method will govern the Expiration Date of this Lease shall be and prevail.remain the Expiration Date of the Initial Term. <Initials> 17 <Initials>
Appears in 1 contract
Sources: Commercial Lease (Nara Bancorp Inc)
Option to Extend Term. If a. Option to Extend Term.
(i) Landlord hereby grants to Tenant ONE ( 1 ) option (the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option "Option") to extend the Term of the Lease for a further an additional consecutive term of five (5FIVE ( 5 ) years (the “Extended Term”"Extension"), such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as set forth in the initial Term Lease, except the Monthly Base Rent shall be the amount determined and adjusted as set forth below. The Option shall be exercised only by written notice delivered to Landlord at least one hundred eighty (180) days, but not more than two hundred seventy (270) days before the expiration of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If Tenant fails to deliver Landlord written notice of the Landlord exercise of the Option within the time period prescribed above, such Option shall lapse, and there shall be no further right to extend the Term of the Lease. The Option shall be exercisable by Tenant are unable to agree on the Basic express conditions that (i) at the time of the exercise of such Option, and thereafter at all times prior to the commencement of such Extension, an Event of Default shall not have occurred under the Lease and (ii) Tenant has not been ten (10) or more days late in the payment of Rent for the Extended Term within more than a total of three (3) months times during the Term of the Lease. If Tenant properly exercises an Option, "Term", as used herein and in the Lease, shall be deemed to include the Extension.
(ii) The Option is personal to ▇▇▇▇▇, CRL Systems, Inc. If Tenant subleases any portion of the Premises or assigns or otherwise transfers any interest under the Lease prior to the exercise of the Option, the Option shall be void. If Tenant subleases any portion of the Premises or assigns or otherwise transfers any interest of Tenant under the Lease after the exercise of the Option, but prior to the commencement of the Extended TermExtension, the matter will Option shall be determined by a single arbitrator pursuant to void and the provisions Term of the Commercial Arbitration Act and in accordance with Lease shall expire as if the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailOption were not exercised.
Appears in 1 contract
Sources: Lease (Circuit Research Labs Inc)
Option to Extend Term. If 27.1 Tenant shall have the Tenant duly and regularly pays option (the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option “Option”) to extend the Term of the this Lease for a further term one (1) additional period of five (5) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ years, an (“Option Term”) upon all of the terms and not conditions of this Lease, other than the Minimum Monthly Rent, which shall be determined as described below. The Option must be exercised, if at all, by Tenant giving Landlord written notice of the exercise thereof no more than three twelve (312) months’ written notice months and no less than six (6) months prior to the expiration of the Term failing which such option will be null and void and incapable Lease Term. Any failure of exercise. If Tenant to give due notice of its exercise of the Tenant exercises Option within the option to extend the Term, the Extended Term will be required time shall constitute an irrevocable election on the same terms part of Tenant not to exercise the Option, and conditions as this Lease shall expire at the initial Term end of the Lease except for Basic RentTerm. Tenant shall have no other right to extend this Lease Term beyond the Option Term described herein. Notwithstanding anything set forth herein to the contrary, if on the date of giving the notice or the date the Option Term is to commence, there exists any Event of Default on the part of Tenant under this Lease, Tenant’s notice shall be deemed ineffective, the Option Term shall not commence and Landlord’s workthis Lease shall expire as scheduled. In addition, any free rent allowancedue exercise of Tenant’s option hereunder shall be voidable by Landlord if, fixturing at the time of such exercise, there existed any condition of default on the part of Tenant with respect to which Landlord had given a notice of default under Section 21 and Tenant thereafter fails to cure such default within any applicable cure period, tenant improvement allowance or other incentive given to the Tenant .
27.2 The Minimum Monthly Rent during the initial Option Term initially shall be the “Fair Market Rental Value” of the Premises, as defined below, as of the first day of the Option Term; provided, and except however, that in no event shall the Minimum Monthly Rent for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic any portion of the Option Term be less than the Minimum Monthly Rent payable by in effect for the Tenant during last month of the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at immediately preceding the commencement of the Extended Term for similarly improved premises Option Term, regardless of similar size, quality, use and location in buildings similar any determination of a Fair Market Rental Value pursuant to the Building, but will other provisions of this Section that would result in any event not be less than the Basic Rental paid during the last year a lower Minimum Monthly Rent.
27.3 Upon exercise of the initial Term Option, Landlord and Tenant shall, in good faith, attempt to reach a mutually acceptable Fair Market Rental Value of the LeasePremises and consequent Minimum Monthly Rent for the Option Term. If Landlord and Tenant cannot agree upon the Fair Market Rental Value within thirty (30) business days of Tenant’s exercise of the Option, then within ten (10) days thereafter, (i) Tenant or Landlord may elect to void rescind Tenant’s exercise of the Option, or (ii) Landlord and Tenant shall each select and notify the other of the name of an “Evaluator,” who, for purposes of this Section, shall be an independent and impartial real estate professional (such as a licensed real estate agent) having more than ten years’ experience in the leasing of space comparable to the Premises. Each Evaluator shall promptly proceed to select a third Evaluator, who shall have the aforesaid qualifications of an Evaluator. Such third Evaluator shall determine the Fair Market Rental Value of the Premises and shall deliver to both Landlord and Tenant a copy of such determination within thirty (30) days after his or her appointment as the third Evaluator. The parties agree that the third Evaluator’s determination as aforesaid shall be considered as the Fair Market Rental Value of the Premises and shall be conclusive and binding upon Landlord and Tenant. If the original two Evaluators shall fail to agree upon the selection of a third Evaluator, the same shall be designated by the president of the San Diego Board of Realtors, or any successor organization thereto. Landlord and Tenant shall each pay any fees of their own Evaluator and shall share equally the fees of the third Evaluator, if any.
27.4 As used herein, the term “Fair Market Rental Value” shall mean the rent for space comparable to the Premises in the Sorrento Valley submarket of the City of San Diego that a willing, comparable Tenant are unable would pay to agree a willing Landlord, neither of whom is compelled to rent, at arms length, on all of the terms and conditions of the Lease (other than the Minimum Monthly Rent, which is to be determined pursuant to this Section). In determining the Fair Market Rental Value, it shall be assumed that Landlord has fully paid any and all leasing costs (including without limitation tenant improvement costs, leasing commissions and tenant concessions), that might be prevalent in the marketplace. The determination of Fair Market Rental Value shall also include any appropriate adjustments over the term of the Option Term in the Minimum Monthly Rent based on the Basic Rent for the Extended Term within three cost of living or otherwise (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act including any minimums and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out maximums in the Leaseadjustment thereof), and without regard to any leasing costs such as tenant improvement costs, leasing commissions and tenant concessions, that might be prevalent in which event such different method will govern and prevailthe marketplace.
Appears in 1 contract
Option to Extend Term. If the Tenant duly and regularly pays the renta. Subject to Section 9(b) below, plus GST/HST/PST, and performs each and every one of the covenants in provided the Lease to be performed and observed by or Tenant’s right of possession thereunder has not been earlier terminated, Tenant shall have the Tenant, the Tenant will have one option right to extend the Term of the Lease as to all, but not less than all, of the Premises being leased under the Lease for a further term one (1) period of five three (53) years (the “Extended Term”)) beginning on July 1, such option 2021, subject to be exercised on not less than two the following terms and conditions:
(2i) months’ and not more than three (3) months’ Tenant shall give written notice prior to Landlord of the expiration exercise of Tenant’s right to extend the Term of the Lease no later than January 1, 2021, time being of the essence (the “Renewal Notice”). If no such Renewal Notice is timely given, the Lease shall terminate as of June 30, 2021;
(ii) Tenant shall not be in default under the Lease beyond the passage of any applicable period of cure, grace or notice at the time of giving the Renewal Notice or at any time thereafter to and including the commencement of the Extended Term; and
(iii) The extension of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, hereunder for the Extended Term will shall be on the same terms and conditions as are applicable to the initial Term expiring on June 30, 2021; provided, however, (1) Tenant shall have no further right to extend the Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to beyond the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement end of the Extended Term, (2) Article 45 of the matter will be determined by a single arbitrator pursuant Lease and Section 3 of this Amendment shall not apply to the Extended Term, (3) Tenant shall lease the Premises in its then-existing “AS-IS” condition, without any obligation on the part of Landlord to make any alterations or improvements thereto or to provide any allowances to Tenant (provided, however, that this provision shall not be construed to amend any provisions of the Commercial Arbitration Act Lease, including without limitation any maintenance and/or repairs obligations of Landlord under the Lease), and in accordance with Landlord shall not pay any brokerage commissions or finder’s fees, and (4) the foregoing provisions unless a different method of determining Basic Base Rent payable by Tenant to Landlord for the Extended Term shall be as follows: Months Price Per Square Foot Monthly Annually 7/1/2021 to 6/30/2022 $ 9.00 $ 33,497.25 $ 401,967.00 7/1/2022 to 6/30/2023 $ 9.20 $ 34,241.63 $ 410,899.60 7/1/2023 to 6/30/2024 $ 9.40 $ 34,986.02 $ 419,832.20
b. It is set out acknowledged and agreed by the parties that the right of Tenant to extend the Term of the Lease under this Section 9 is personal to Entellus Medical, Inc. (the “Original Tenant”) and its Affiliates (as defined in Article 21(a) of the Lease) and should said Original Tenant assign the Lease or sublet all or any part of the Premises to any person or entity other than an Affiliate, in which event such different method will govern the right of Tenant to extend the Term of the Lease under Section 9(a) above shall automatically terminate, and prevailsaid Section 9(a) above shall become null and void and of no further force or effect.
Appears in 1 contract
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of this Lease, at the Lease minimum rental set forth in Section 3.1(b) and (c) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for a further term up to two (2) additional periods of five (5) years (each, the “Extended Term”)first commencing upon the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term, if any. Exercise of such option with respect to the first such extended term shall be exercised on not less than two by written notice to Landlord at least nine (29) months’ months and not more than three twelve (312) months’ written notice months prior to the expiration of the Term failing which initial term hereof; exercise of such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given with respect to the Tenant during second extended term, if the initial Termfirst extension option has been duly exercised, shall be by like written notice to Landlord at least nine (9) months and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less more than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three twelve (312) months prior to the commencement expiration of the Extended Termfirst extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the matter will be determined by a single arbitrator extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises one or more extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the Commercial Arbitration Act and "term" of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in accordance with this Section 2.6, Tenant shall have no right to extend the foregoing provisions unless a different method term of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevail.this Lease beyond its prescribed term. [***] CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. 3 RENTAL
Appears in 1 contract
Option to Extend Term. If the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one Section 40 of the covenants Lease, as most recently amended by Section 6 of the Second Amendment to Lease, is deleted in its entirety and the Lease following substituted therefore:
4.1 Landlord grants to be performed and observed by Tenant the Tenant, the Tenant will have one option right to extend the Term term of the Lease for a further term of five one (51) years (the “Extended Term”), such option to be exercised on not less than two (2) months’ year period under the same terms and not more than three (3) months’ conditions existing in the Lease except as set forth in this Section 4. Tenant shall exercise such right to extend the term of the Lease by written notice to Landlord given no earlier than eighteen (18) months and no later than twelve (12) months prior to the expiration end of the Term failing which such option will term of the Lease as extended by Section 1 of this Third Amendment.
4.2 Basic Annual Rent shall be null increased by 3% on the first day of the extension term and void and incapable of exercise. If each March 1st thereafter during the Extension Term.
4.7 Tenant exercises shall not have the right to exercise the option to extend the Termterm, notwithstanding anything set forth above to the Extended Term will contrary: (a) during any time period in which Tenant is in default of a material provision of this Lease beyond any applicable cure period, or (b) after the expiration or earlier termination of this Lease. The period of time within which the option to extend may be on exercised shall not be extended or enlarged by reason of Tenant's inability to exercise the same terms option because of the foregoing provisions.
4.8 The extension rights granted herein are personal to Tenant and conditions as the initial Term may not be assigned by Tenant to an assignee of the Lease except for Basic Rentpermitted or approved pursuant to Article 25 or to any other person or entity, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant in no event are assignable separate and apart from this Lease.
4.9 Basic Annual Rent during the initial Term, and except for this option extension period shall continue to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by increase on the Tenant during first day of the Extended Term will be negotiated and agreed upon between the Landlord extension term and the first day of each March thereafter pursuant to Section 6.1 of the Lease as amended by this Third Amendment.
4.10 Landlord will provide Tenant based on the prevailing fair market Basic Rent as with an additional Tenant Improvement Allowance at the commencement of the Extended Term for similarly improved premises extension term of similar size, quality, use $34,976.00 to be used in accordance with and location in buildings similar subject to the Building, but will in any event not be less than the Basic Rental paid during the last year terms of the initial Term Article 4 of the Lease. If the Landlord and ; provided, the Tenant are unable Improvement Allowance may only be used for design, permitting and out-of-pocket construction costs of Tenant Improvements, including any amounts paid to agree on the Basic Rent architects, engineers, project coordinators, construction consultants and similar consultants, but excluding furniture, fixtures and equipment (other than those used to repair or upgrade building mechanical systems) and telephone and data cabling and equipment. Landlord will pay such allowance to Tenant within 20 days of receipt from Tenant of evidence of completion of and payment for the Extended Term within three (3) months prior to the commencement such improvements, including copies of the Extended Terminvoices, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act cancelled checks, and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevaillien releases.
Appears in 1 contract
Option to Extend Term. If Provided that Tenant is not in default under this Lease at the Tenant duly time of exercise of its Extension Option (hereafter defined in this Paragraph 3.1) and regularly pays the rent, plus GST/HST/PST, and performs each and every one at commencement of the covenants Extension Term (hereafter defined in this Paragraph 3.1), Tenant shall have the Lease to be performed and observed by option (the Tenant, the Tenant will have one option “Extension Option”) to extend the Term of the Lease for a further initial term of five (5) years this Lease (the “Extended Initial Term”) for [***] (the “Extension Term”), such option commencing at the expiration of the Initial Term.
3.1.1. If Tenant exercises the Extension Option, Tenant shall give unconditional written notice (the “Exercise Notice”) of its exercise to be exercised on Landlord not less earlier than two (2) months’ [***] months and not more later than three (3) months’ written notice [***] months prior to the expiration of the Initial Term. Tenant’s failure to give the Exercise Notice in a timely manner shall be deemed a waiver of Tenant’s Extension Option. The terms, covenants and conditions applicable to the Extension Term failing which such option will shall be the same terms, covenants and conditions of this Lease applicable during the Initial Term, except that: (i) Tenant shall not be entitled to any further options to extend the Term of this Lease beyond the Extension Term; and (ii) the Base Rent for the Premises shall be the Fair Market Rental Value (hereafter defined in Paragraph 3.1.2) of the Premises. All unexercised Extension Options shall automatically terminate and become null and void upon the earlier to occur of (1) the occurrence of any uncured event of default beyond applicable notice and incapable cure periods by Tenant of exerciseany monetary obligation hereunder, (2) the termination of Tenant’s right to possession of the Premises, (3) the termination of this Lease, (4) any assignment or transfer, by operation of law or otherwise, of any of Tenant’s interest in this Lease, or any subletting by Tenant of all or any portion of the Premises except with respect to a Permitted Transfer, (5) the failure of Tenant to timely or properly exercise its Extension Option as aforesaid, or (6) any voluntary reduction in the size of the Premises by Tenant. If Once delivered, an Exercise Notice cannot be rescinded or revoked by Tenant.
3.1.2. For purposes of this Paragraph 3.1, “Fair Market Rental Value” of the Tenant exercises Premises shall be [***]. Notwithstanding anything to the option to extend the Termcontrary herein, the Extended Term will be on the same terms and conditions as the initial Term Fair Market Rental Value of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given Premises as determined pursuant to the Tenant this Paragraph 3.1.2 shall include annual escalations during the initial Extension Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will shall be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid Base Rent rate in effect during the last final year of the initial Term Initial Term.
3.1.3. Within [***] days after Landlord receives the Exercise Notice, Landlord shall provide in writing to Tenant its estimate of the LeaseFair Market Rental Value of the Premises for the Extension Term. Landlord and Tenant shall for an additional [***] days thereafter attempt in good faith to agree on the Fair Market Rental Value of the Premises for the Extension Term. If the Landlord and Tenant agree on the Fair Market Rental Value of the Premises for the Extension Term during such [***] day period, they shall immediately execute an amendment to this Lease stating the Base Rent for the Extension Term.
3.1.4. If Landlord and Tenant are unable to agree on the Basic Base Rent for the Extended Extension Term within three (3) months prior to the commencement [***] day period described in the second sentence in Paragraph 3.1.3, then within [***] days after the expiration of the Extended Termsaid [***] day period, either Landlord or Tenant may refer the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and arbitration as provided for in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Paragraph 3.1.
Appears in 1 contract
Sources: Lease (Outset Medical, Inc.)
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of this Lease with respect to any one or more of the Buildings, on a Building by Building basis (provided, however, that notwithstanding any other provisions of this Section 2.6, if the Connector Bridge is constructed as contemplated in Section 1.1(a) of this Lease and if Tenant elects to exercise this extension option with respect to one but not both of the Phase I Buildings, then Landlord’s election regarding removal of the Connector Bridge by Landlord at Tenant’s expense, as provided in Section 12.2(c) of this Lease, shall be exercisable in Landlord’s discretion either at the expiration of this Lease with respect to the Phase I Building for a further which the extension option was not exercised or at the expiration of this Lease with respect to the Phase I Building for which the extension option was exercised), at the Minimum Rental set forth in Section 3.1(b) and (c) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (2) additional periods of five (5) years each, the first commencing upon the expiration of the initial term hereof and the second (applicable only to the “Extended Term”)Building or Buildings as to which a first extended term has been duly elected) commencing upon the expiration of such first extended term, if any. Exercise of such option with respect to the first such extended term shall be exercised on not less than two by written notice to Landlord at least nine (29) months’ months and not more than three twelve (312) months’ written notice months prior to the expiration of the Term failing which initial term hereof; exercise of such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given with respect to the Tenant during second extended term, if the initial Termfirst extension option has been duly exercised, shall be by like written notice to Landlord at least nine (9) months and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less more than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three twelve (312) months prior to the commencement expiration of the Extended Termfirst extended term hereof. If Tenant is in default hereunder on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the matter will be determined by a single arbitrator extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises one or more extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the Commercial Arbitration Act and “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in accordance with this Section 2.6, Tenant shall have no right to extend the foregoing provisions unless a different method term of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Lease beyond its prescribed term.
Appears in 1 contract
Option to Extend Term. If the (a) Landlord hereby grants to Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one (1) option to extend the Term of the Lease for a further term period of five (5) years (the “Extended Term”)years, such option to be exercised on not less than two by Tenant giving written notice of its exercise to Landlord in the manner provided in this Lease at least one hundred eighty (2180) months’ and days prior to (but not more than three two hundred ten (3210) months’ written notice days prior to to) the expiration of the Term, as it may have been previously extended. No extension option may be exercised by Tenant if an Event of Default has occurred and is then continuing or any facts or circumstances then exist which, with the giving of notice or the passage of time, or both, would constitute an Event of Default either at the time of exercise of the option or at the time the applicable Term failing which such would otherwise have expired if the applicable option will be null and void and incapable of exercise. had not been exercised.
(b) If the Tenant exercises the its option to extend the Term, Landlord shall, within thirty (30) days after the Extended receipt of Tenant's notice of exercise, notify Tenant in writing of Landlord's reasonable determination of the prevailing market rent for the Demised Premises for the extended Term will taking into account all relevant factors for space of this type in the Grapevine, Texas area. Tenant shall have thirty (30) days from its receipt of Landlord's notice to notify Landlord in writing that Tenant does not agree with Landlord's determination of the Base Rent and therefore that Tenant elects to retract its option to extend the Term, in which case the Term, as it may have been previously extended, shall expire on its scheduled expiration date and Tenant's option to extend the Term shall be on void and of no further force and effect. If Tenant does not notify Landlord of such retraction within thirty (30) days of its receipt of Landlord's notice, Base Rent for the Demised Premises for the applicable extended term shall be the Base Rent set forth in Landlord's notice to Tenant.
(c) Except for the Base Rent, which shall be determined as set forth in subparagraph (b) above, leasing of the Demised Premises by Tenant for the applicable extended term shall be subject to all of the same terms and conditions set forth in this Lease, including Tenant's obligation to pay Tenant's share of Operating Expenses as provided in this Lease; provided, however, that any improvement allowances, termination rights, rent abatements or other concessions applicable to the Demised Premises during the initial Term shall not be applicable during any such extended term, nor shall Tenant have any additional extension options unless expressly provided for in this Lease. Landlord and Tenant shall enter into an amendment to this Lease to evidence Tenant's exercise of its renewal option. If this Lease is guaranteed, it shall be a condition of Landlord's granting the renewal that Tenant deliver to Landlord a reaffirmation of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, guaranty in which event such different method will govern the guarantor acknowledges Tenant's exercise of its renewal option and prevailreaffirms that the guaranty is in full force and effect and applies to said renewal.
Appears in 1 contract
Sources: Industrial Lease Agreement (Rockwell Medical Technologies Inc)
Option to Extend Term. If the Tenant duly a. Subject to Sections 6(b) and regularly pays the rent6(c) below, plus GST/HST/PST, and performs each and every one of the covenants in provided the Lease to be performed and observed by or Tenant’s right of possession thereunder has not been earlier terminated, Tenant shall have the Tenant, the Tenant will have one option right to extend the Term of the Lease as to all, but not less than all, of the Premises being leased under the Lease for a further term one (1) period of five three (53) years (the “Extended Term”)) beginning on July 1, such option 2021, subject to be exercised on not less than two the following terms and conditions:
(2i) months’ and not more than three (3) months’ Tenant shall give written notice prior to Landlord of the expiration exercise of Tenant’s right to extend the Term of the Lease no later than January 1, 2021, time being of the essence (the “Renewal Notice”). If no such Renewal Notice is timely given, the Lease shall terminate as of June 30, 2021;
(ii) Tenant shall not be in default under the Lease beyond the passage of any applicable period of cure, grace or notice at the time of giving the Renewal Notice or at any time thereafter to and including the commencement of the Extended Term; and
(iii) The extension of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, hereunder for the Extended Term will shall be on the same terms and conditions as are applicable to the initial Term expiring on June 30, 2021; provided, however, (1) Tenant shall have no further right to extend the Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to beyond the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement end of the Extended Term, (2) Tenant shall lease the matter will Premises in its then-existing “AS-IS” condition, without any obligation on the part of Landlord to make any alterations or improvements thereto or to provide any allowances to Tenant (provided, however, that this provision shall not be determined by a single arbitrator pursuant construed to the amend any provisions of the Commercial Arbitration Act Lease, including without limitation any maintenance and/or repairs obligations of Landlord under the Lease), and in accordance with Landlord shall not pay any brokerage commissions or finder’s fees, and (3) the foregoing provisions unless a different method of determining Basic Base Rent payable by Tenant to Landlord for the Extended Term shall be as follows: Months Price Per Square Foot Monthly Annually 7/1/2021 to 6/30/2022 $ 5.55 $ 3,411.86 $ 40,942.35 7/1/2022 to 6/30/2023 $ 5.70 $ 3,504.08 $ 42,048.90 7/1/2023 to 6/30/2024 $ 5.85 $ 3,596.29 $ 43,155.45
b. It is set out acknowledged and agreed by the parties that the right of Tenant to extend the Term of the Lease under this Section 6 is personal to Entellus Medical, Inc. (the “Original Tenant”) and its Affiliates (as defined in Article 21(a) of the Lease) and should said Original Tenant assign the Lease or sublet all or any part of the Premises to any person or entity other than an Affiliate, in which event such different method will govern the right of Tenant to extend the Term of the Lease under Section 6(a) above shall automatically terminate, and prevailsaid Section 6(a) above shall become null and void and of no further force or effect.
c. Landlord and Tenant acknowledge that they are parties to a Commercial Lease dated February 27, 2012 (the “Plymouth Ponds 4 Lease”), as amended by a First Amendment to Lease dated of even date herewith (the “Plymouth Ponds 4 Amendment”) for Suite 40, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ North, Plymouth, MN. Notwithstanding anything herein to the contrary, Tenant may only extend the Term of the Lease under said Section 6(a) if Tenant has properly exercised its right to extend that term of the Plymouth Ponds 4 Lease pursuant to Section 9 of the Plymouth Ponds 4 Amendment.
Appears in 1 contract
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of this Lease with respect to any one or more of the Buildings, on a Building by Building basis (provided, however, that notwithstanding any other provisions of this Section 2.6, if the Connector Bridge is constructed as contemplated in Section 1.1(a) of this Lease and if Tenant elects to exercise this extension option with respect to one but not both of the Phase I Buildings, then Landlord's election regarding removal of the Connector Bridge by Landlord at Tenant's expense, as provided in Section 12.2(c) of this Lease, shall be exercisable in Landlord's discretion either at the expiration of this Lease with respect to the Phase I Building for a further which the extension option was not exercised or at the expiration of this Lease with respect to the Phase I Building for which the extension option was exercised), at the Minimum Rental set forth in Section 3.1(b) and (c) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (2) additional periods of five (5) years each, the first commencing upon the expiration of the initial term hereof and the second (applicable only to the “Extended Term”)Building or Buildings as to which a first extended term has been duly elected) commencing upon the expiration of such first extended term, if any. Exercise of such option with respect to the first such extended term shall be exercised on not less than two by written notice to Landlord at least nine (29) months’ months and not more than three twelve (312) months’ written notice months prior to the expiration of the Term failing which initial term hereof; exercise of such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given with respect to the Tenant during second extended term, if the initial Termfirst extension option has been duly exercised, shall be by like written notice to Landlord at least nine (9) months and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less more than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three twelve (312) months prior to the commencement expiration of the Extended Termfirst extended term hereof. If Tenant is in default hereunder on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the matter will be determined by a single arbitrator extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises one or more extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the Commercial Arbitration Act and "term" of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in accordance with this Section 2.6, Tenant shall have no right to extend the foregoing provisions unless a different method term of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Lease beyond its prescribed term.
Appears in 1 contract
Sources: Sublease (Prothena Corp PLC)
Option to Extend Term. If A. Terms of Option to extend. Subject to the Tenant duly and regularly pays conditions below, Sublessee shall have the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of this Sublease for one (1) additional period of twenty five (25) months, in no event expiring beyond October 31, 2011. The extension period shall commence upon the expiration of the Lease for a further term of five (5) years (the “Extended Term”), such previous term. Sublessee's option to extend shall be exercised on subject to the following conditions:
(i) Sublessee shall not less be in default either at the time it gives Sublessor notice of its intent to extend or at the commencement of the extension term, and has not been ten (10) or more days late in the payment of rent more than a total of two (2) months’ and not more than times during the Lease term. .
(ii) Sublessee shall be operating in the Premises in a manner consistent in all respects with this Sublease.
(iii) Sublessee shall give Sublessor unconditional written notice of the exercise of its option at least three (3) months’ written notice months but not more than nine (9) months prior to the expiration of the Term failing which such option will then current term, time being strictly of the essence, and any failure to give said notice within the required time period shall be null and void and incapable of exercise. If the Tenant exercises the option deemed an election by Sublessee not to extend the Term, term of the Extended Term will Lease.
(iv) The extension term shall be on upon the same terms and conditions as are contained in the Sublease and this Addendum, except that the Base Rent shall be determined in accordance with Subsection B below. If Sublessee has exercised its option to extend, the phrase "Term" as used in the Sublease shall mean the initial term of the Sublease and the extension term. The option to extend shall be personal to Sublessee, and shall not be transferable or assignable to any other person or entity.
B. Base Rent for the Option Period Base Rent for the Option Period shall be a fixed increase of 3% of the Base Rent stated in the Sublease for the entire term of the Option Period. Sublessee shall have the right to sublease/assign all or any portion of its Premises during the Term or extended Term of the Lease except for Basic RentSublease to a qualified party or parties, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given subject to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement approval of the Extended Term for similarly improved premises of similar sizeMaster Lessor, quality, use and location in buildings similar to the Building, but will in any event which shall not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) months prior to the commencement of the Extended Term, the matter will be determined by a single arbitrator pursuant to the provisions of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailunreasonably withheld or delayed.
Appears in 1 contract
Option to Extend Term. If Provided that: (i) Landlord has not given Tenant notice of a default more than two (2) times in the twenty-four (24) months immediately preceding the Expiration Date, (ii) there then exists no uncured default by Tenant duly under the Lease following applicable notice and regularly pays cure periods, (iii) Tenant has not previously assigned this Lease or sublet all of the rent, plus GST/HST/PSTPremises (except for a Permitted Transfer), and performs (iv) Tenant remains creditworthy, as determined by Landlord in Landlord's reasonable discretion, Tenant shall have the right and option (each an "Extension Option" and every one of collectively the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option "Extension Options") to extend the Term of the Lease for a further term up to two (2) additional periods of five (5) years (each, exercisable in the “Extended Term”)following manner. If Tenant is desirous of exercising an Extension Option under this Article 39, such option to be exercised on Tenant shall give Landlord written notice not less than two twelve (212) months’ and not more than three (3) months’ written notice prior to the expiration months in advance of the Term failing which such option will be null and void and incapable then scheduled Expiration Date of exercise. If the Tenant exercises the option Tenant's intention to extend the TermTerm ("Tenant's Extension Notice"), it being agreed that time is of the Extended Term will essence and that the Extension Option is personal to Tenant and is non-transferable to any transferee or other party other than through a Permitted Transfer. Tenant's notice must include a Letter of Credit meeting the requirements of this Lease which has an expiration date not earlier than 90 days following the extended Expiration Date and shall be on irrevocable. Promptly after receipt of Tenant's Extension Notice, Landlord and Tenant shall negotiate the rent for the Extension Option in good faith. The Extension Option shall be under the same terms and conditions as provided in this Lease except as follows:
(a) each Extension Option period shall begin on the initial Expiration Date of the immediately preceding Term and thereafter the Expiration Date shall be five (5) years from such date;
(b) all references to the Term in this Lease shall be deemed to mean the Term as extended pursuant to this Article;
(c) after the exercise of the second Extension Option provided herein, there shall be no further options to extend; and
(d) the Fixed Rent payable by Tenant during the Term of any Extension Option shall be the Lease except for Basic Rentthen market rate as reasonably determined by Landlord and Tenant negotiating in good faith. In the event the parties cannot agree as to the then market rate, the parties shall agree on the appointment of a real estate appraiser (the "Appraiser") having the M.A.I. designation, the cost of which shall be shared equally by Landlord and Landlord’s workTenant, any which Appraiser shall be knowledgeable of commercial market rents in the ▇▇▇▇▇▇▇ County, Pennsylvania market rental area, who shall make a fair market rental determination. The fair market rental determination will not take into account the improvements made by Tenant in the Premises and will take into account the extent to which the Fixed Rent is subject to an annual adjustment during the applicable Extension Option periods and rent concessions in the market (free rent allowance, fixturing periodrent, tenant improvement allowance or allowances, base year and any other incentive given concessions). In the event that the parties cannot agree within thirty (30) days on the appointment of the Appraiser, then the matter shall be submitted to binding arbitration pursuant to the Tenant during rules for commercial arbitration of the initial TermAmerican Arbitration Association, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by at the Tenant during the Extended Term will be negotiated and agreed upon between the equal administrative cost of Landlord and Tenant. The decision of the Tenant based Appraiser, or arbitrator, shall be binding on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar parties. Notwithstanding anything to the contrary set forth above, in the event that Tenant occupies the entire Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent may exercise its first Extension Option for the Extended Term within either two (2) entire floors or three (3) months prior to entire floors within the commencement of Building. If Tenant exercises the Extended Termoption for two (2) floors, the matter will floors must be determined by a single arbitrator pursuant contiguous. In the event that Tenant elects to exercise the provisions of first Extension Option for only two (2) floors in the Commercial Arbitration Act and in accordance with Building, Tenant's option to exercise the foregoing provisions unless a different method of determining Basic Rent second Extension Option shall be available only for the Extended Term is set out in two (2) floors renewed under the Lease, in which event such different method will govern and prevailfirs Extension Option.
Appears in 1 contract
Option to Extend Term. If the Tenant duly and regularly pays the rentThe Port hereby grants to Lessee three (3) five-year options to rent all of its leased property at Fair Market Rental Value, plus GST/HST/PSTcommencing February 1, and performs 2015, upon each and every one all of the covenants in following terms and conditions:
(i) Lessee must lease approximately 100,000 square feet parcel immediately adjacent to the northeast of Building No. L-815 hereinafter referred to as Parcel A (as shown on Exhibit "A" to the Main Building Lease to be performed and observed by of even date herewith during the Tenant, the Tenant will have one option to extend the Term of the Lease for a further term of five first four (54) years from the effective date (the “Extended Term”), such option to be exercised on not less than as set forth in Section 2.1) of this Lease.
(ii) Lessee must commence and complete within two (2) months’ years from the effective date of this Lease (as set forth in Section 2.1) the acquisition of all necessary permits for the construction of a 60,000 square foot shop/warehouse building on Parcel A.
(iii) Lessee must commence and not more than three complete within four (34) months’ years from the effective date of this Lease (as set forth in Section 2.1) construction of a 60,000 square foot shop/warehouse building on Parcel A at a minimum cost of Two million and no/100 ($2,000,000.00) to Lessee.
(iv) Lessee gives to the Port and the Port receives written notice prior to the expiration of the Term failing which such option will be null and void and incapable exercise of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms this Lease for said additional term no earlier than 12 months and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less no later than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (3) 6 months prior to the commencement time that the option period would commence if the option were exercised. If said notification of the Extended Termexercise of the option is not so given and received, this option shall automatically expire.
(v) Lessee shall have no right to exercise the matter will be determined by option, notwithstanding any provision of this Lease to the contrary, (a) during the time commencing from the date the Port gives to Lessee a single arbitrator notice of default pursuant to this Lease and continuing until the provisions default alleged in said notice of default is cured, or (b) during the time commencing on the day after a monetary obligation to the Port is due from Lessee and unpaid (without any necessity for notice thereof to Lessee) and continuing until the obligation is paid. The period of time within which Lessee may exercise the option shall not be extended or enlarged by reason of Lessee's inability to exercise because of the Commercial Arbitration Act and in accordance with the foregoing provisions unless a different method of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailprovisions.
Appears in 1 contract
Sources: Lease (First Aviation Services Inc)
Option to Extend Term. If Subject to Sublessor's rights set forth below, Sublessee shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term of the Lease this Sublease for a further term period ("Extension Period") beginning on the day following the end of five the Term of this Sub-Sublease and ending July 30, 2000, provided that (5i) years Sublessee is not in default (after any applicable notice and cure periods) under any of the “Extended Term”), terms and conditions of this Sub-Sublease at the time it exercises such option to be exercised on not less than two (2) months’ and not more than three (3) months’ written notice prior to the expiration of the Term failing which such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Extension Period and (ii) Sublessee has given Sublessor written notice of its election to extend the Lease Term for similarly improved premises of similar size, quality, use and location in buildings similar ("Extension Notice") no later than eight (8) months prior to the Building, but will in any event not be less than the Basic Rental paid during the last year expiration date of the initial Term original Lease Term. In such event, the terms and conditions of the Leasethis Sub-Sublease, including those relating to Base Rent, Operating Expenses, Taxes, additional rent and utility charges shall continue to apply except that there shall be no further right to extend. If Sublessee fails to give an Extension Notice by such date, Sublessee's rights under this Section 12 shall be waived and of no further force and effect. Notwithstanding the Landlord foregoing Sublessor shall have the unilateral right to terminate Sublessee's extension rights under this Section 12 by written notice to Sublessee given on or before the later to occur of (1) thirty (30) days after receipt of Sublessee's Extension Notice and the Tenant are unable to agree on the Basic Rent for the Extended Term within three (32) eight (8) months prior to the commencement date of the Extended TermExtension Period, in the matter will be determined event that Sublessor, or any affiliate (which shall include any entity controlling, controlled by, or under common control with Sublessor), or any successor by a single arbitrator pursuant to the provisions merger, consolidation or sale of all or substantially all of the Commercial Arbitration Act assets of Sublessor (each an "Affiliate of Sublessor"), intends to occupy the Demised Premises for its own use. If Sublessor fails to give such notice terminating Sublessee's extension rights, Sublessor's right to so terminate Sublessee's extension rights under this Section 12 shall be waived and in accordance of no further force or effect. In the event that Sublessor shall exercise its right to terminate Sublessee's extension rights under this Section 12, Sublessor shall not thereafter enter into any sublease or assignment of the Demised Premises to any party not affiliated with the foregoing provisions unless a different method of determining Basic Rent Sublessor for the Extended period beginning on the expiration date of the Lease Term and ending on the date which is set out six (6) months thereafter, unless Sublessor shall first give a notice to Sublessee offering Sublessee the right to reinstate its option to extend the term of this Sublease for the Extension Period. Sublessee shall have ten (10) business days after receipt of such notice to notice Sublessor that it wishes to remain as a sub-Sublessee in the Lease, in which event such different method will govern Demised Premises upon the terms and prevailconditions set forth above for the Extension Period.
Appears in 1 contract
Sources: Sublease (Silverstream Software Inc)
Option to Extend Term. If Tenant shall have the Tenant duly and regularly pays the rent, plus GST/HST/PST, and performs each and every one of the covenants in the Lease to be performed and observed by the Tenant, the Tenant will have one option to extend the Term term of this Lease, at the Lease minimum rental prescribed in Section 3.1(b) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for a further term up to two (2) additional periods of five (5) years (each. The first option period shall commence upon the “Extended Term”)expiration of the initial term hereof, and the second option period, if applicable, shall commence upon the expiration of the first extended term, if any. Exercise of such option with respect to the first such extended term shall be exercised on not less than two (2) months’ and not more than three (3) months’ by written notice to Landlord at least nine (9) months prior to the expiration of the Term failing which initial term hereof. Exercise of such option will be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term will be on the same terms and conditions as the initial Term of the Lease except for Basic Rent, and Landlord’s work, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given with respect to the Tenant during second extended term, if the initial Termfirst extension option has been duly exercised, and except for this option shall be by like written notice to extend. LANDLORD INITIAL TENANT INITIAL The Basic Rent payable by the Tenant during the Extended Term will be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but will in any event not be less than the Basic Rental paid during the last year of the initial Term of the Lease. If the Landlord and the Tenant are unable to agree on the Basic Rent for the Extended Term within three least nine (39) months prior to the commencement expiration of the Extended Termfirst extended term hereof. If Tenant is in material default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the matter will be determined by a single arbitrator extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises one or both extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the Commercial Arbitration Act and “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in accordance with this Section 2.6, Tenant shall have no right to extend the foregoing provisions unless a different method term of determining Basic Rent for the Extended Term is set out in the Lease, in which event such different method will govern and prevailthis Lease beyond its prescribed term.
Appears in 1 contract