Extension Option. Tenant shall have the option (the “Extension Option”) to extend the Term for one (1) extension term of five (5) years commencing at the expiration of the initial Term (the “Extension Term”). Any extension of the Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails timely to exercise the Extension Option (as per the procedures set forth below), Tenant shall have no further extension rights hereunder. If Tenant timely exercises the Extension Option, the Term shall be extended for the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions of Section 4.02 of the Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is of the essence with respect to ▇▇▇▇▇▇’s timely exercise of the Extension Option as provided herein. Any notice exercising the Extension Option must be unconditional and irrevocable in order to be effective. Except as set forth herein, Tenant’s lease of the Premises during the Extension Term shall be on all of the same terms and conditions in effect for the Premises immediately prior to such extension, except that Tenant shall have no further option to extend the Term after the end of the Extension Term. The procedures for Tenant to exercise the Extension Option, and for the applicable Extension Rent Rate applicable to the Extension Term to be determined, are as follows:
Appears in 2 contracts
Sources: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
Extension Option. Subject to the terms and conditions of this Section 31.1, Landlord hereby grants to Tenant shall have the option (the “Extension Option”) right to extend the original Term for one two (12) extension term periods of five (5) years commencing at each (each an “Extension Period”). If Tenant desires to exercise an extension option, Tenant shall notify Landlord on or before the date which is twelve (12) months prior to the expiration of the initial original Term (the “or first Extension Term”). Any extension of the Term shall be applicable to the entire Premises (Period, as the same may be expanded)applicable. If Tenant fails to timely notify Landlord of its election to exercise the Extension Option (as per the procedures set forth below)extend this Lease, Tenant shall will be deemed to have no further extension rights hereunder. If Tenant timely exercises waived its right to extend the Extension Option, the Term shall be extended for the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions term of Section 4.02 of the this Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is time being of the essence with respect to ▇▇▇▇▇▇’s timely the exercise of any such extension option. If Tenant exercises the Extension Option as provided herein. Any notice exercising the Extension Option must be unconditional and irrevocable in order to be effective. Except as set forth hereinextension option, Tenant’s lease of the Premises during the Extension Term shall be on all of the same terms and conditions in effect for the Premises immediately prior of this Lease will apply to such extensioneach Extension Period, except that Tenant shall have no further option to extend (i) the Term after the end Basic Rent for each year of the applicable Extension Term. The procedures for Tenant Period will be determined pursuant to exercise the Extension OptionSection 31.2, and (ii) the Base Period for the applicable Extension Rent Rate applicable Period will be the calendar year in which the commencement of such Extension Period occurs. In connection with any extension of the Term, Landlord will not be obligated to do any work to the Premises and will not be obligated to contribute to the cost of any work done to the Premises by Tenant. Tenant’s right to exercise any extension option is expressly subject to the satisfaction of all of the following conditions on both the date Tenant exercises such extension option and the commencement date of the applicable Extension Term to Period: (i) Tenant must not be determinedin default of any monetary obligation or any material non-monetary obligation under this Lease; (ii) Tenant must be in occupancy of the entire Premises; and (iii) Tenant must not have sublet any part of the Premises. If all of the foregoing conditions are not satisfied on both the date Tenant exercises the applicable Extension Option and the commencement date of such Extension Period, are as follows:any notice exercising the extension option will be automatically null and void.
Appears in 2 contracts
Sources: Lease Agreement (BTRS Holdings Inc.), Lease Agreement (South Mountain Merger Corp.)
Extension Option. Subject to the terms and conditions of this Section 31.1, Landlord hereby grants to Tenant shall have the option (the “Extension Option”) right to extend the original Term for one (1) extension term period of five (5) years commencing at (the “Extension Period”). If Tenant desires to exercise the extension option, Tenant shall notify Landlord on or before the date which is twelve (12) months prior to the expiration of the initial Term (the “Extension original Term”). Any extension of the Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails to timely notify Landlord of its election to exercise the Extension Option (as per the procedures set forth below)extend this Lease, Tenant shall will be deemed to have no further extension rights hereunder. If Tenant timely exercises waived its right to extend the Extension Option, the Term shall be extended for the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions term of Section 4.02 of the this Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is time being of the essence with respect to ▇▇▇▇▇▇the exercise of such extension option. If Tenant exercises the extension option, all of the terms and conditions of this Lease will apply to the Extension Period, except that the Basic Rent for the Extension Period will equal an amount determined pursuant to Section 31.2. In connection with any extension of the Term, Landlord will not be obligated to do any work to the Premises and will not be obligated to contribute to the cost of any work done to the Premises by Tenant. Tenant’s timely right to exercise the extension option is expressly subject to the satisfaction of all of the following conditions on both the date Tenant exercises the extension option and the commencement date of the Extension Period: (i) Tenant must not be in default of any monetary obligation or any material non-monetary obligation under this Lease; (ii) Tenant must be in occupancy of the entire Premises; and (iii) Tenant must not have sublet any part of the Premises. If all of the foregoing conditions are not satisfied on both the date Tenant exercises the Extension Option as provided herein. Any and the commencement date of the Extension Period, then any notice exercising the Extension Option must extension option will be unconditional automatically null and irrevocable in order to be effective. Except as set forth herein, Tenant’s lease of the Premises during the Extension Term shall be on all of the same terms and conditions in effect for the Premises immediately prior to such extension, except that Tenant shall have no further option to extend the Term after the end of the Extension Term. The procedures for Tenant to exercise the Extension Option, and for the applicable Extension Rent Rate applicable to the Extension Term to be determined, are as follows:void.
Appears in 2 contracts
Sources: Lease Agreement (Roka BioScience, Inc.), Lease Agreement (Roka BioScience, Inc.)
Extension Option. Subject to the terms and conditions of this Section 31.1, Landlord hereby grants to Tenant shall have the option (the “Extension Option”) right to extend the original Term for one (1) extension term period of five (5) years commencing at (the “Extension Period”). If Tenant desires to exercise the extension option, Tenant shall notify Landlord on or before the date which is nine (9) months prior to the expiration of the initial Term (the “Extension original Term”). Any extension of the Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails to timely notify Landlord of its election to exercise the Extension Option (as per the procedures set forth below)extend this Lease, Tenant shall will be deemed to have no further extension rights hereunder. If Tenant timely exercises waived its right to extend the Extension Option, the Term shall be extended for the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions term of Section 4.02 of the this Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is time being of the essence with respect to ▇▇▇▇▇▇’s timely the exercise of such extension option. If Tenant exercises the extension option, all of the terms and conditions of this Lease will apply to the Extension Period, except that the Basic Rent for the Extension Period will an amount determined pursuant to Section 31.2. In connection with any extension of the Term, Landlord will not be obligated to do any work to the Premises and will not be obligated to contribute to the cost of any work done to the Premises by Tenant. Tenant shall not have the right to exercise the extension option if on the date Tenant exercises the extension option and the commencement date of the Extension Period: (i) Tenant is in default, beyond applicable notice and cure periods, of any monetary obligation or any material non-monetary obligation under this Lease; (ii) Tenant must be in occupancy of at least 75% of the Premises; and (iii) Tenant must not have sublet more than 25% of the Premises. If all of the foregoing conditions are not satisfied on both the date Tenant exercises the Extension Option as provided herein. Any and the commencement date of the Extension Period, then any notice exercising the Extension Option must extension option will be unconditional automatically null and irrevocable in order to be effective. Except as set forth herein, Tenant’s lease of the Premises during the Extension Term shall be on all of the same terms and conditions in effect for the Premises immediately prior to such extension, except that Tenant shall have no further option to extend the Term after the end of the Extension Term. The procedures for Tenant to exercise the Extension Option, and for the applicable Extension Rent Rate applicable to the Extension Term to be determined, are as follows:void.
Appears in 2 contracts
Sources: Sublease (Roka BioScience, Inc.), Sublease (Roka BioScience, Inc.)
Extension Option. Subject to the terms and conditions below, Tenant shall have the option (the “Extension Option”) to extend the Term for two (2) additional five (5) year extension terms (each an "Extension Term") by notice given to Landlord at least one (1) year before the then applicable Expiration Date (any such notice, "Tenant's Option Exercise Notice"). Tenant's election shall be exercised, and Annual Base Rent for the Extension Term determined, as set forth below. If Tenant fails timely to exercise its option for any Extension Term, Tenant shall have no further extension term of five (5) years commencing rights hereunder. Tenant's option so to extend the Term shall be void, at Landlord's election, if Tenant is in monetary or other material default at the expiration of time Tenant elects to extend the initial Term (or at the “Extension Term”)time the Term would expire but for such extension. Any The extension of the Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails timely to exercise the Extension Option (as per the procedures set forth below), and Tenant shall have no further extension rights hereunder. If Tenant timely exercises the Extension Option, right to extend the Term shall be extended for only a portion of the Premises. During the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions of Section 4.02 of the Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the Extension Term as determined in accordance with the all provisions of this Section set forth below (the “Extension Rent Rate”). Time is of the essence with respect to ▇▇▇▇▇▇’s timely exercise of the Extension Option as provided herein. Any notice exercising the Extension Option must be unconditional and irrevocable in order to be effective. Except as set forth herein, Tenant’s lease of the Premises during the Extension Term Lease shall be on all of the same terms and conditions in effect for the Premises immediately prior to such extension, apply except that Tenant shall have no further option to extend the Term after the end of the last Extension Term. The procedures for For each Lease Year during each Extension Term, Tenant shall pay Annual Base Rent equal to exercise One Hundred Two and One-Half Percent (102.5%) of the Extension Option, and Annual Base Rent for the applicable Extension Rent Rate applicable to the Extension Term to be determined, are as follows:immediately preceding Lease Year.
Appears in 1 contract
Sources: Lease (Parlex Corp)
Extension Option. Tenant shall have the option (the “Extension Option”) i. Subject to extend the Term for one (1) extension term of five (5) years commencing at the expiration of the initial Term (the “Extension Term”). Any extension of the Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails timely to exercise the Extension Option (as per the procedures set forth below), Tenant shall have no further extension rights hereunder. If Tenant timely exercises the Extension Option, the Term shall be extended for the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions of this Section 4.02 7.B, Lessee shall have one (1) extension option (the “5A Extension Option”) to extend the 5A Term, as it relates to the 5A Additional Premises only, for a period of sixty (60) months (the Lease“5A Extension Term”), at a upon the same terms, conditions and provisions applicable to the 5A Term (except as provided otherwise in this Section 7.B). The monthly amount of 5A Base Rent rate equal to the Fair Market Rent Rate (as defined below) for payable with respect to the 5A Additional Premises for during the first year of the 5A Extension Term shall be equal to [***] the monthly amount of 5A Base Rent applicable to each month of each subsequent year of the 5A Extension Term shall be deemed to have been increased hereunder, as determined in accordance of the first (1st) day of each such subsequent year, to be equal to [***] percent ([***]%) of the scheduled monthly amount of 5A Base Rent applicable to the last month of the then-expiring year of such 5A Extension Term. [***] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the provisions of this Section set forth below omitted portions.
ii. Lessee may exercise the 5A Extension Option only by delivering a written notice (the “Extension Rent RateOption Interest Notice”). Time is ) to Lessor at least [***] calendar months (and not more than [***] calendar months) prior to the expiration date of the essence with respect 5A Term, specifying that Lessee is interested in exercising the 5A Extension Option pursuant to the terms of this Section 7.▇. ▇▇▇▇▇▇▇ shall thereafter deliver a written notice (the “Extension Option Lessor’s timely exercise Notice”) to Lessee advising Lessee of the monthly 5A Base Rent for the 5A Extension Term. Lessee shall thereafter have the right, within thirty (30) days after Lessor’s delivery of the Extension Option as provided herein. Any Lessor’s Notice to Lessee, to exercise the applicable 5A Extension Option by delivering binding notice exercising to Lessor (the “Extension Option Exercise Notice”) of Lessee’s election to extend the 5A Term on the basis of the terms set forth in the Extension Option Lessor’s Notice. Lessee’s Extension Option Exercise Notice must be unconditional and irrevocable in order specify that Lessee is irrevocably exercising its 5A Extension Option so as to be effective. Except as extend the 5A Term by the 5A Extension Term on the terms set forth herein, Tenant’s lease of the Premises during (i) in this Section 7.B and (ii) in the Extension Option Lessor’s Notice. In the event that Lessee shall duly exercise the 5A Extension Option, the 5A Term shall be on all of extended to include the same terms and conditions in effect for the Premises immediately prior to such extension, except that Tenant shall have no further option to extend the Term after the end of the 5A Extension Term. The procedures In the event that Lessee shall fail to deliver the Extension Option Interest Notice or the Extension Option Exercise Notice within the applicable time period specified herein for Tenant the delivery thereof, time being of the essence, at the election of Lessor, Lessee shall be deemed to exercise the have forever waived and relinquished such 5A Extension Option, and for any other options or rights to renew or extend the 5A Term effective after the then applicable expiration date of the 5A Term shall terminate and shall be of no further force or effect.
iii. Lessee shall have the right to exercise the 5A Extension Rent Rate applicable Option only with respect to the entire 5A Additional Premises leased by Lessee under this Amendment at the time that Lessee delivers the Extension Option Exercise Notice. If Lessee duly exercises the 5A Extension Option, Lessor and Lessee shall execute an amendment reflecting such exercise. Notwithstanding anything to the contrary herein, any attempted exercise by Lessee of the 5A Extension Option shall, at the election of Lessor, be invalid, ineffective, and of no force or effect if, on the date on which Lessee delivers the Extension Option Exercise Notice, or on the date on which the 5A Extension Term is scheduled to commence, there shall be determinedan uncured Event of Default by Lessee under the Lease. Additionally, Lessee’s 5A Extension Option shall be personal to Internap Corporation, a Delaware corporation; and, as such, such right shall not be exercisable by any party to whom any or all of the rights of “Lessee” under the Lease are as follows:hereafter assigned or otherwise transferred.
Appears in 1 contract
Sources: Lease Agreement (Internap Corp)
Extension Option. Subject to the terms and conditions of this Section 31.1, Landlord hereby grants to Tenant shall have the option (the “Extension Option”) right to extend the original Term for one (1) extension term period of five (5) years commencing at (the “Extension Period”). If Tenant desires to exercise the extension option, Tenant shall notify Landlord on or before the date which is twelve (12) months prior to the expiration of the initial Term (the “Extension original Term”). Any extension of the Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails to timely notify Landlord of its election to exercise the Extension Option (as per the procedures set forth below)extend this Lease, Tenant shall will be deemed to have no further extension rights hereunder. If Tenant timely exercises waived its right to extend the Extension Option, the Term shall be extended for the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions term of Section 4.02 of the this Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is time being of the essence with respect to ▇▇▇▇▇▇the exercise of such extension option. If Tenant exercises the extension option, all of the terms and conditions of this Lease will apply to the Extension Period, except that the Basic Rent for the Extension Period will equal an amount determined pursuant to Section 31.2 and the Base Period for the Extension Period shall be reset to the calendar year in which the Extension Period commences. In connection with any extension of the Term, Landlord will not be obligated to do any work to the Premises and will not be obligated to contribute to the cost of any work done to the Premises by Tenant. Tenant’s timely right to exercise the extension option is expressly subject to the satisfaction of all of the following conditions on both the date Tenant exercises the extension option and the commencement date of the Extension Period: (i) an Event of Default shall not exist under this Lease; (ii) Tenant must be in occupancy of the entire Premises; and (iii) Tenant must not have sublet any part of the Premises other than as permitted by Section 16.7 hereof. If all of the foregoing conditions are not satisfied on both the date Tenant exercises the Extension Option as provided herein. Any and the commencement date of the Extension Period, then unless Landlord elects in writing (in its sole discretion) to waive any of such conditions, any notice exercising the Extension Option must extension option will be unconditional automatically null and irrevocable in order to be effectivevoid. Except as Any waiver of the condition set forth hereinin clause (i) above shall not constitute a waiver of such default, but simply a waiver of such condition in connection with Tenant’s lease exercise of the Premises during the Extension Term shall be on all of the same terms and conditions in effect for the Premises immediately prior to such extension, except that Tenant shall have no further its extension option to extend the Term after the end of the Extension Term. The procedures for Tenant to exercise the Extension Option, and for the applicable Extension Rent Rate applicable to the Extension Term to be determined, are as follows:Period.
Appears in 1 contract
Extension Option. Subject to the terms and conditions of this Section 31.1, Landlord hereby grants to Tenant shall have the option (the “Extension Option”) right to extend the original Term for one two (12) extension term successive periods of five (5) years commencing at each (each an "Extension Period"). If Tenant desires to exercise the extension option, Tenant shall notify Landlord on or before the date which is fifteen (15) months prior to the expiration of the initial original Term (or the “first Extension Term”). Any extension of the Term shall be applicable to the entire Premises (Period, as the same case may be expanded)be. If Tenant fails to timely notify Landlord of its election to exercise the Extension Option (as per the procedures set forth below)extend this Lease, Tenant shall will be deemed to have no further extension rights hereunder. If Tenant timely exercises waived its right to extend the Extension Option, the Term shall be extended for the Extension Term, and Tenant shall pay Base Rent for the Premises during the Extension Term, in accordance with the terms and conditions term of Section 4.02 of the this Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is time being of the essence with respect to ▇▇▇▇▇▇’s timely the exercise of any extension option. If Tenant exercises an extension option, all of the terms and conditions of this Lease will apply to the applicable Extension Period, except that the Basic Rent for each Extension Period will an amount determined pursuant to Section 31.2. In connection with any extension of the Term, Landlord will not be obligated to do any work to the Premises and will not be obligated to contribute to the cost of any work done to the Premises by Tenant. Tenant's right to exercise the extension option is expressly subject to the condition that, on both the date Tenant exercises the extension option and the commencement date of the Extension Option as provided hereinPeriod, Tenant is not in default of any monetary obligation or any material non-monetary obligation under this Lease beyond any applicable cure period. Any If the foregoing condition is not satisfied on both the date Tenant exercises an extension option and the commencement date of an Extension Period, then any notice exercising the Extension Option must extension option will be unconditional automatically null and irrevocable in order to be effective. Except as set forth herein, Tenant’s lease of the Premises during the Extension Term shall be on all of the same terms and conditions in effect for the Premises immediately prior to such extension, except that Tenant shall have no further option to extend the Term after the end of the Extension Term. The procedures for Tenant to exercise the Extension Option, and for the applicable Extension Rent Rate applicable to the Extension Term to be determined, are as follows:void.
Appears in 1 contract
Sources: Lease Agreement (Medicines Co /De)