Common use of Options to Extend Term Clause in Contracts

Options to Extend Term. Tenant shall have the option to extend the Term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A), at the Minimum Rental set forth in Section 3.1(b) and (c), below, 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 ten (10) years each, the 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 by written notice to Landlord at least eighteen (18) months prior to the expiration of the initial term hereof, exercise of such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration of the first 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 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 “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the Term of this Lease beyond its prescribed term.

Appears in 4 contracts

Samples: Work Letter (Natera, Inc.), Work Letter (Natera, Inc.), Suit Lease (Nektar Therapeutics)

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Options to Extend Term. Landlord grants to Tenant shall have the option following options (each an “Extension Option”) to extend the Term of (each an “Extended Term”) on all the provisions contained in this Lease (with the exception of any Extension Options exercised under this Section 2(a)): ( ) options to extend the Term each for Phase 1A and Phase 1B only (but not Phase 2A), at the Minimum Rental set forth in Section 3.1(ban additional term of ( ) and (c), below, and otherwise upon all the terms and provisions set forth herein with respect to months commencing when the initial term of this Lease, for up to two (2) additional periods of ten (10) years each, the first commencing upon the expiration of the initial term hereof and the second commencing upon the expiration of the first extended termor then-existing Extended Term, if anyapplicable, expires. Exercise Tenant may exercise its option(s) of such option with respect to the first such extended term shall be extension by giving written notice to Landlord at least eighteen one hundred eighty (18180) months prior to days before the expiration of the initial term hereofTerm or Extended Term, as the case may be (the “Exercise Deadline”). The time of such exercise being of the essence and, therefore, if Tenant fails to give Landlord its irrevocable written notice of its exercise of the applicable Extension Option within the applicable Exercise Deadline, then such option Extension Option shall expire and be of no further force or effect and the Term (or the then-existing Extension Term, as applicable) shall expire on the Expiration Date (otherwise then applicable). Subject to the provisions of this Section 2.a, upon the giving of suhch notice, this Lease and the Term (or then Extended Term, as applicable) shall be extended without execution or delivery of any other or further documents, with the same force and effect as if the applicable Extended Term had originally been included in the Term, except that the Rental Component of the Occupancy Cost shall be as set forth in Section 3.a. Notwithstanding the foregoing: (i) an Extension Option shall be exercised by Tenant, if at all, only with respect to the entire Premises; (ii) if there are more than one Extension Options, then all such Extension Options must be exercised consecutively (i.e., a second extended term, and any additional Extension Option may be exercised only if the first extension option has and any additional preceding Extension Options, as applicable, have been duly exercised, shall be exercised by written notice to Landlord Tenant); and (iii) if there is any uncured default by Tenant either at least eighteen (18) months prior to the expiration time Tenant exercises an Extension Option or upon the commencement of the first extended term hereof. If Tenant is applicable Extended Term, Landlord shall have, in material default hereunderaddition to all of Landlord’s other rights and remedies provided in this Lease, beyond any applicable notice the right to terminate such Extension Option and cure periods, on the date to nullify unilaterally Tenant’s exercise of such notice or on the date any extended term is to commenceExtension Option, then the exercise of the option shall be of no force or effect, the extended term shall not commence and in which event this Lease shall expire at on the end of the Expiration Date (otherwise then current term hereof (or at such earlier time as Landlord may elect applicable), unless this Lease is sooner terminated pursuant to the default provisions of this Lease). If Tenant properly exercises one or more extension options under this Sectionits terms, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, and Tenant shall have no right further rights under this Lease to renew or extend the Term of this Lease beyond its prescribed termTerm.

Appears in 3 contracts

Samples: Real Estate Matters Agreement, Real Estate Matters Agreement (Keysight Technologies, Inc.), Real Estate Matters Agreement (Agilent Technologies Inc)

Options to Extend Term. Tenant shall have the option to extend the Term term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)Lease, at the Minimum Rental minimum rental set forth in Section 3.1(b) and (c), below, 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 ten five (105) years each, the first such period commencing upon the expiration of the initial term hereof and and, if such first extension period is duly elected by Tenant, the second such period 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 by written notice to Landlord at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the initial term hereof, exercise in the case of such option with respect to the second first extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord and at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the first extended term hereof, in the case of the second extended term (if applicable). 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 the applicable extended term is to commence, then the exercise of the option shall be of no force or effect, the applicable 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 both extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the Term term of this Lease beyond its prescribed term.

Appears in 3 contracts

Samples: Office Lease (OncoMed Pharmaceuticals Inc), Animal Care Agreement (OncoMed Pharmaceuticals Inc), Lease (OncoMed Pharmaceuticals Inc)

Options to Extend Term. Tenant shall have the option to extend the Term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A), at the Minimum Rental set forth in Section 3.1(b) and (c), below, 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 ten (10) years each, the 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 by written notice to Landlord at least eighteen (18) months prior to the expiration of the initial term hereof, exercise of such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration of the first 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 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 "term" of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the Term of this Lease beyond its prescribed term.

Appears in 2 contracts

Samples: BioMed Realty Trust Inc, BioMed Realty Trust Inc

Options to Extend Term. Tenant shall have the option to extend the Term term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)Lease, at the Minimum Rental minimum rental set forth in Section 3.1(b3.l (b) and or (c), below, ) (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 ten five (105) years each, the first such period commencing upon the expiration of the initial term hereof and and, if such first extension period is duly elected by Tenant, the second such period 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 by written notice to Landlord at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the initial term hereof, exercise . Exercise of such option with respect to the second extended term, if the first extension option has been extended term is duly exercisedelected by Tenant, shall be by written notice to Landlord at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the first extended term hereofterm. 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 the applicable extended term is to commence, then the exercise of the applicable option shall be of no force or effect, the applicable 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 both extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the Term term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Support.com, Inc.

Options to Extend Term. Subject to the condition that Tenant shall have not, at the option to extend time of exercise of the Term Extension Option (as defined below) or at the time of commencement of the Extension Term, be in default of any of the terms of this Lease for Phase 1A which notice has been received and Phase 1B only the time for curing such default has expired, Tenant is hereby granted the option (but not Phase 2A), at the Minimum Rental set forth in Section 3.1(b“Extension Option”) and to extend the Initial Term for one (c), below, and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (21) additional periods successive period of ten (10) years each(the “Extension Term”), such Extension Term to commence (if at all) on the first commencing upon day following the expiration of the initial term hereof and Initial Term of this Lease. Tenant must exercise the second commencing upon option to renew for the expiration of the first extended term, if any. Exercise Extension Term by delivering irrevocable written notice of such option with respect to the first such extended term shall be by written notice election to Landlord at least eighteen (18) months prior to the expiration of the initial term hereof, exercise of Initial Term. Any such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration of the first 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 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 “term” of this Lease shall be construed to include upon the extension term(s) thus elected by Tenant. Except same terms and conditions as expressly this Lease except that the Base Rent during the Extension Term will be as set forth in this Section 2.6Paragraph 3.1. In the event Tenant fails to timely exercise the Extension Option, Tenant shall have no Tenant’s right to extend the Term of this Lease beyond its prescribed termfor the Extension Term shall not be extinguished until Landlord delivers written notice to Tenant notifying Tenant that it has failed to timely exercise the Extension Option and Tenant fails to exercise the Extension Option by providing written notice to Landlord within thirty (30) days following Tenant’s receipt of Landlord’s notice.

Appears in 1 contract

Samples: Columbia Tech Center (Nautilus Group Inc)

Options to Extend Term. Tenant shall have the option to extend the Term term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)Lease, at the Minimum Rental minimum rental set forth in Section 3.1(b) and or (c), below, ) (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 ten five (105) years each, the first such period commencing upon the expiration of the initial term hereof and and, if such first extension period is duly elected by Tenant, the second such period 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 by written notice to Landlord at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the initial term hereof, exercise . Exercise of such option with respect to the second extended term, if the first extension option has been extended term is duly exercisedelected by Tenant, shall be by written notice to Landlord at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the first extended term hereofterm. 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 the applicable extended term is to commence, then the exercise of the applicable option shall be of no force or effect, the applicable 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 both extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the Term term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Lease (Foxhollow Technologies, Inc.)

Options to Extend Term. Provided that Tenant is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall have be entitled to extend the Term of this Lease for two (2) successive terms (each of which is herein referred to as an “Extension Term”) of five (5) lease years each. The first Extension Term shall commence (if properly exercised) immediately upon the expiration of the Initial Term, and the second Extension Term shall commence (if properly exercised) immediately upon the expiration of the first Extension Term. In order to exercise an option to extend the Term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)as provided herein, at the Minimum Rental set forth in Section 3.1(b) and (c), below, 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 ten (10) years each, the 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 Tenant shall give Landlord written notice of such option with respect to the first such extended term shall be by written notice to Landlord at least eighteen exercise not less than one hundred eighty (18180) months days prior to the expiration of the initial term hereof, exercise of such option with respect to the second extended term, if Initial Term or the first extension option has been duly exercisedExtension Term, shall be by written notice to Landlord at least eighteen as applicable (18) months prior to the expiration “Renewal Notice”). All of the first extended term hereof. If Tenant is terms and conditions contained 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 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 “term” of this Lease shall be construed to include applicable and shall continue in full force and effect during an Extension Term. In the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, event Tenant shall have no right does not timely or properly exercise an option to extend the Term of this Lease beyond its prescribed termin accordance with the foregoing, then the subject option and all future options to extend the Term of this Lease as provided above shall become null and void and be of no further force or effect. For the avoidance of doubt, the Term shall include all Extension Terms properly exercised by Tenant as set forth in this Section 3.03.

Appears in 1 contract

Samples: Mecklenburg    Lease Agreement (Coca-Cola Consolidated, Inc.)

Options to Extend Term. Tenant shall have the option to extend the Term term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)Lease, at the Minimum Rental minimum rental set forth in Section 3.1(b3.1 (c) and (c), below, d) 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 ten five (105) years each, the first commencing upon the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term, if anyhereof. Exercise of such option with respect to the first such extended term shall be by written notice to Landlord at least eighteen six (186) months and not more than eight (8) months prior to the expiration of the initial term hereof, exercise of such option with respect to the second such extended term, if the first extension option has been duly exercised, shall be by like written notice to Landlord at least eighteen six (186) months and not more than eight (8) months prior to the expiration of the first extended term hereof. If Tenant is in material default hereunder, hereunder (beyond any applicable notice and cure periods, ) on the date of any 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 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 2.62.7) to the "term" of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.62.7, Tenant shall have no right to extend the Term term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Lease (Appliedtheory Corp)

Options to Extend Term. Tenant Provided that Lessee is not in Default hereunder either at the date Lessee’s notice of exercise is given or on the date an Additional Term (as defined below) would otherwise commence, Lessee shall have the option to extend the Term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A), at the Minimum Rental set forth in Section 3.1(b) and (c), below, and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up entire Premises only (including any Option Space and/or ROFR Space added to the Premises pursuant to Paragraph 52 above) by two (2) additional periods of ten five (105) years each (each, an “Additional Term”). Lessee’s option for the first commencing upon Additional Term (the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term“First Additional Term”) shall be exercised, if any. Exercise of such option with respect to the first such extended term shall be at all, by written notice to Landlord Lessor given at least eighteen nine (189) and no more than twelve (12) months prior to the Expiration Date determined pursuant to Paragraph 1.3 and Article 3 of this Lease. Lessee’s option for the second Additional Term, if any (the “Second Additional Term”) shall be exercisable by Lessee only if Lessee was entitled to and previously exercised the option for the First Additional Term and shall be exercised, if at all, no more than twelve (12) and no less than nine (9) months prior to the expiration date of the initial term hereof, exercise of such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration of the first extended term hereofFirst Additional Term. If Tenant Lessee is entitled to and gives notice in material default hereunder, beyond any applicable notice the manner and cure periods, on within 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 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 “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6Paragraph 53, Tenant shall have no right to extend then the Term shall be extended by the applicable Additional Term, on all of the terms and conditions set forth in this Lease beyond its prescribed term.for the original Term, except that:

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Nexsan Corp)

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Options to Extend Term. Tenant shall have the option to extend the Term term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)Lease, at the Minimum Rental minimum rental set forth in Section 3.1(b) and (c), below, 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 ten five (105) years each, the first such period commencing upon the expiration of the initial term hereof and and, if such first extension period is duly elected by Tenant, the second such period 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 by written notice to Landlord at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the initial term hereof, exercise in the case of such option with respect to the second first extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord and at least eighteen nine (189) months and not more than twelve (12) months prior to the expiration of the first extended term hereof, in the case of the second extended term (if applicable). 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 the applicable extended term is to commence, then the exercise of the option shall be of no force or effect, the applicable 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 both extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Tenant Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the Term term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Animal Care Agreement (Revolution Medicines, Inc.)

Options to Extend Term. Provided that Tenant is not then in default under this Lease beyond any applicable notice and cure period, Tenant shall have be entitled to extend the Term of this Lease for four (4) successive terms (each of which is herein referred to as an “Extension Term”) of five (5) lease years each. The first Extension Term shall commence (if properly exercised) immediately upon the expiration of the Initial Term, and each following Extension Term shall commence (if properly exercised) immediately upon the expiration of the immediately preceding Extension Term. In order to exercise an option to extend the Term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)as provided herein, at the Minimum Rental set forth in Section 3.1(b) and (c), below, 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 ten (10) years each, the 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 Tenant shall give Landlord written notice of such option with respect to the first such extended term shall be by written notice to Landlord at least eighteen exercise not less than one hundred eighty (18180) months days prior to the expiration of the initial term hereofInitial Term or the then-current Extension Term, exercise of such option with respect to as applicable (the second extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration “Renewal Notice”). All of the first extended term hereof. If Tenant is terms and conditions contained 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 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 “term” of this Lease shall be construed to include applicable and shall continue in full force and effect during an Extension Term. In the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, event Tenant shall have no right does not timely or properly exercise an option to extend the Term of this Lease beyond its prescribed termin accordance with the foregoing, then the subject option and all future options to extend the Term of this Lease as provided above shall become null and void and be of no further force or effect.

Appears in 1 contract

Samples: Lease Agreement (Coca Cola Bottling Co Consolidated /De/)

Options to Extend Term. Subject to the terms and conditions hereinafter provided, Tenant shall have the option right to extend the Term ("EXTENSION OPTION") exercisable as hereinafter provided, for two successive extensive terms of this Lease for Phase 1A five years each, each such extension term ("EXTENSION TERM") upon all of the terms, covenants and Phase 1B only (but not Phase 2A), at the Minimum Rental conditions set forth in Section 3.1(b) and (c), below, 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 ten (10) years each, the first commencing upon except that after the expiration of the initial term hereof second Extension Term, Tenant shall have no further right to extend the Term. The exercise of one or both of such Extension Options shall apply to all of the Leased Premises, including any Additional Leased Premises and the second commencing upon Building 5 Space as defined in Article 36 hereof. The Tenant shall have the right to an Extension Option only so long as this Lease shall be in full force and effect, and Tenant is not in default of this Lease after any required notice and expiration of any applicable cure periods, and that in the case of the second Extension Option, Tenant shall have exercised the first extended term, if anyExtension Option. Exercise of such option with respect to the first such extended term Base Rent for each Lease Year or a portion thereof during any Extension Term shall be that amount specified in Section 3.1(ii) hereof. Tenant shall exercise its right to an Extension Term by written giving Landlord notice of its election to Landlord at least eighteen do so not less than six (186) months prior to the expiration of the initial term hereofthen applicable Term and, exercise upon the giving of such option with respect to the second extended termnotice, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration of the first 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 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 “term” of this Lease shall be construed deemed to include be extended for the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend period of the relevant Extension Term without the execution of this Lease beyond its prescribed termany further lease or instrument.

Appears in 1 contract

Samples: Lease (Vion Pharmaceuticals Inc)

Options to Extend Term. Provided that Tenant is not in default hereunder either at the date Tenant's notice of exercise is given or on the date an Additional Term (as defined below) would otherwise commence, Tenant shall have the option to extend the Term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A), at the Minimum Rental set forth in Section 3.1(b) and (c), below, and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up entire Premises then leased to Tenant by two (2) additional periods of ten five (105) years each (each, an "Additional Term"). Tenant's option for the first commencing upon Additional Term (the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term"First Additional Term") shall be exercised, if any. Exercise of such option with respect to the first such extended term shall be at all, by written notice to Landlord given at least eighteen six (186) and no more than nine (9) months prior to the Expiration Date determined pursuant to Section I. of this Lease. Tenant's option for the second Additional Term, if any (the "Second Additional Term"), shall be exercisable by Tenant only if Tenant has previously exercised the option for the First Additional Term and shall be exercised, if at all, by written notice to Landlord given at least six (6) and no more than nine (9) months prior to the expiration date of the initial term hereof, exercise of such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration of the first extended term hereofFirst Additional Term. If Tenant is entitled to and gives notice in material default hereunder, beyond any applicable notice the manner and cure periods, on within 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 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 “term” of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6subsection B., Tenant shall have no right to extend then the Term shall be extended by the applicable Additional Term, on all of the conditions set forth in this Lease beyond its prescribed term.for the Premises for original Term, except that parking rates shall be at then-current fair market value:

Appears in 1 contract

Samples: Office Lease (Earthlink Network Inc)

Options to Extend Term. Tenant shall have the option to extend the Term of this Lease for Phase 1A and Phase 1B only (but not Phase 2A)Lease, at the Minimum Rental set forth in Section 3.1(b) and (c), below, 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 ten (10) years each, the 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 by written notice to Landlord at least eighteen (18) months prior to the expiration of the initial term hereof, exercise of such option with respect to the second extended term, if the first extension option has been duly exercised, shall be by written notice to Landlord at least eighteen (18) months prior to the expiration of the first 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 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 "term" of this Lease shall be construed to include the extension term(s) thus elected by Tenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the Term of this Lease beyond its prescribed term.

Appears in 1 contract

Samples: Inhale Therapeutic Systems Inc

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