Common use of Option to Extend Lease Term Clause in Contracts

Option to Extend Lease Term. A. COUNTY shall have the Option to Extend Lease Term as to the Premises or any portion thereof for the number of option terms (“Option Terms”) and the period of time during each option term set forth in the Basic Lease Provisions on the same terms and conditions as the Lease, except the Monthly Rent for the Premises. The Option Terms must be exercised, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of the then current Lease Term or during any Holdover Period (as later defined). B. The Monthly Rent for the Premises during each Option Term shall be adjusted by good faith negotiation of the Parties to the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises within five (5) months of COUNTY's exercise of its option, said FMV Rent shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. During the period between the expiration of the then current Lease Term and the determination of the Monthly Rent for the Premises by arbitration, COUNTY shall continue to pay the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration of the then current Lease Term. If the FMV Rent for the Premises is determined by arbitration and COUNTY does not, for any reason, agree with such determination, COUNTY shall have the right to terminate the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt of the arbitration- determined FMV Rent. In the event COUNTY does not so terminate the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration of the subject Option Term.

Option to Extend Lease Term. A. COUNTY shall have Grant of Options Landlord hereby grants to Tenant one option (the Option "Option") to Extend extend the Lease Term as to for additional term of five years (the Premises or any portion thereof for the number of option terms (“Option Terms”) and the period of time during each option term set forth in the Basic Lease Provisions "Extension)", on the same terms and conditions as set forth in the Lease, except the Monthly Rent for the Premisesbut at an increased rent as negotiated. The Option Terms must shall be exercised, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with exercised only by written notice delivered to Landlord at any time on or prior to the date that is 180 least one hundred twenty (120) days before the expiration or earlier termination of the then current Lease Term. If Tenant fails to deliver Landlord written notice of the exercise of an Option within the prescribed time period, such Option shall lapse, and there shall be no further right to extend the Lease Term. The Option shall be exercisable by Tenant on the express conditions that (a) at the time of the exercise, and at all times prior to the commencement of such Extension, Tenant shall not be in default under any of the provisions of this Lease and (b) Tenant has not been ten (10) or more days late in the payment of rent more than a total of three (3) times during the Lease Term or during . The receipt and acceptance by Landlord of delinquent Rent shall not constitute a waiver of any Holdover Period (as later defined). B. The Monthly Rent other default; it shall constitute only a waiver of timely payment for the particular Rent payment involved. No act or conduct of landlord, including, without limitation, the acceptance of keys to the Premises during each Option Term shall be adjusted by good faith negotiation constitute an acceptance of the Parties to the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) surrender of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises within five (5) months of COUNTY's exercise of its option, said FMV Rent shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. During the period between by Tenant before the expiration of the then current Lease Term and the determination Term. Only a written notice from Landlord to Tenant shall constitute acceptance of the Monthly Rent for surrender of the Premises by arbitration, COUNTY shall continue to pay the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration and accomplish a termination of the then current Lease TermLease. If ▇▇▇▇▇▇▇▇'s consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by ▇▇▇▇▇▇. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the FMV Rent for the Premises is determined by arbitration and COUNTY does not, for same or any reason, agree with such determination, COUNTY shall have the right to terminate the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt other provision of the arbitration- determined FMV RentLease. The parties hereto have executed this Lease as of the dates set forth below. LANDLORD TENANT THE ▇▇▇▇▇▇▇ DRUG COMPANY PACIFIC TRAIL, INC./LONDON FOG INDUSTRIES By: By:/s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ --------------------------- ------------------------- Title: Title:EVP & CFO ------------------------ ---------------------- By: ------------------------- Title: ---------------------- CONSULT YOUR ADVISORS - This document has been prepared for approval by your attorney. No representation or recommendation is made by ▇▇▇▇▇▇ & Company as to the legal sufficiency or tax consequences of this document or the transaction to which it relates. These are questions for your attorney. In any real estate transaction, it is recommended that you consult with a professional, such as a civil engineer, industrial hygienist or other person, with experience in evaluating the event condition of the property, including the possible presence of asbestos, hazardous materials and underground storage tanks. ACKNOWLEDGMENT OF LESSOR STATE OF WASHINGTON ) ) SS. COUNTY does not so terminate OF KING ) On this ____________________ day of _____________________________ ,19__ , before the Leaseundersigned, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination a Notary Public in and for the duration State of Washington, personally appeared ____________________________________________________________________________ to me known to be the __________________________ and _______________________ of the subject Option Termcorporation that executed the within and foregoing lease, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.

Option to Extend Lease Term. A. COUNTY Provided Tenant is not in default of any term, covenant or condition of this Lease, Tenant shall have the Option option to Extend extend the Initial Term of this Lease Term as to the Premises or any portion thereof for the number of option terms one (“Option Terms”1) and the additional period of time during each option term set forth in three (3) years (the Basic Lease Provisions on the same terms and conditions as the Lease, except the Monthly Rent for the Premises. The Option Terms must be exercised, if at all consecutively; however, COUNTY may opt "Renewal Term") to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of the then current Lease Term or during any Holdover Period (as later defined). B. The Monthly Rent for the Premises during each Option Term shall be adjusted by good faith negotiation of the Parties to the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises within five (5) months of COUNTY's exercise of its option, said FMV Rent shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. During the period between commence immediately upon the expiration of the then current Lease Term and the determination Initial Term. Tenant's rental of the Monthly Premises during the Renewal Term shall be upon the same terms, covenants and conditions contained in this Lease, except that Tenant shall pay to Landlord as Base Rent that amount equal to the "Prevailing Market Rate" for the Premises by arbitration, COUNTY shall continue to pay the Monthly Rent for the Premises Renewal Term as hereinafter defined (including annual adjustments). For purposes of this Section 3.3, the term "Prevailing Market Rate" shall mean the then prevailing market rate being charged for comparable space in comparable office buildings within a ten (10) mile radius of the amount due Premises, with consideration given for construction allowances, commissions, free rent, and other concessions or premiums. In order to exercise its option granted herein, Tenant shall notify Landlord in writing of its intent to renew not less than one hundred eighty (180)days prior to the month immediately preceding expiration of the then current Lease Initial Term. If the FMV Rent for the Premises is determined by arbitration and COUNTY does not, for any reason, agree with such determination, COUNTY shall have the right to terminate the Lease by providing LANDLORD with written notice not later than Within thirty (30) days following the exercise by Tenant of its option to extend the Lease for the Renewal Term, Landlord shall notify Tenant in writing of its determination of the Prevailing Market Rate for the Renewal Term as reasonably determined by Landlord ("Landlord's Notice"). Within ten (10) days after COUNTY’s receipt of Landlord's Notice, Tenant shall notify Landlord in writing of Tenant's acceptance or rejection of such rate. If Tenant shall accept such Prevailing Market Rate, Landlord and Tenant shall enter into an amendment to this Lease acknowledging such renewal and setting forth any terms at variance with the terms of this Lease. If within the ten (10) day period, Tenant shall reject such Prevailing Market Rate as determined by Landlord for the Renewal Term, then within twenty (20) days thereafter, Landlord and Tenant shall meet at a mutually acceptable time and place and shall use their reasonable efforts to agree upon the Prevailing Market Rate. If Landlord and Tenant shall fail to agree upon such Prevailing Market Rate within the twenty (20) day period, Landlord and Tenant shall each appoint an independent commercial leasing broker licensed in the Maryland area within the next ten (10) days (the "Brokers"). Such Brokers shall deliver their respective estimates of the Prevailing Market Rate within ten (10) days after being appointed. If the estimates of the Prevailing Market Rate as quoted by the Brokers are within ten percent (10%) of each other, the Prevailing Market Rate shall be deemed to be the average of the estimates presented by the Brokers. If the estimates of the Prevailing Market Rate as quoted by the Brokers differ by more than ten percent (10%), then Landlord and Tenant shall jointly appoint a third independent commercial leasing broker licensed in the Maryland area within ten (10) days after the receipt of the arbitration- determined FMV Rentinitial brokers' estimates (the "Third Broker") who shall deliver its estimate of the Prevailing Market Rate within ten (10) days after being appointed and such estimate shall be deemed to be the Prevailing Market Rate. In the event COUNTY does not so terminate the Lease, COUNTY Tenant shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s notify Landlord within ten (10) days after receipt of said rate determination and for the duration estimate of the subject Option Term.Prevailing Market Rate (whether as resulting from the average of the Brokers or from the Third Broker, as applicable), whether Tenant shall accept such Prevailing Market Rate, whereupon Landlord and Tenant shall enter into an amendment to this Lease acknowledging such renewal and setting forth any terms at variance with the terms of this Lease. If

Option to Extend Lease Term. A. COUNTY Provided Tenant is not in default hereunder, Tenant shall have the Option option to Extend extend the term of this Lease Term (hereinafter, the "Option")) for two (2) consecutive periods of five (5) years each (each referred to as to the Premises or any portion thereof for the number of option terms (“Option Terms”an "Extended Term") and the period of time during each option term set forth in the Basic Lease Provisions on upon the same terms and conditions as the Leaseconditions, except for Basic Annual Rent and upon the Monthly following further terms and conditions. B. Tenant shall exercise said Option only by giving written notice to Landlord not later than twelve (12) months prior to the Expiration Date ("Option Notice"). Thereafter, Landlord shall advise Tenant, within ten (10) business days, of the Basic Annual Rent for the Premises. The Option Terms must Period, and Tenant shall then have ten (10) business days within which to revoke in writing its exercise of the Option. C. Basic Annual Rent shall be exercised95% of fair rental value, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of but in no event less than 1.08 multiplied by the then current Lease Term or during any Holdover Period (as later defined). B. The Monthly Rent for Basic Annual Rent. In the Premises during each Option Term event that the parties cannot agree on what the fair rental value shall be adjusted by good faith negotiation of during the Parties to Extended Term within thirty (30) days following the fair market monthly rental rate then prevailing based on Option Notice, the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises within five (5) months of COUNTY's exercise of its option, said FMV Rent matter shall be determined through by arbitration conducted in accordance with at the Commercial Arbitration Rules election of the American Arbitration Associationeither Landlord or Tenant. During the period between the expiration of the then current Lease Term The arbitration proceedings shall be completed and the determination of the Monthly such Basic Annual Rent for the Premises by arbitration, COUNTY shall continue to pay the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration of the then current Lease Term. If the FMV Rent for the Premises is determined by arbitration and COUNTY does not, for any reason, agree with such determination, COUNTY shall have the right to terminate the Lease by providing LANDLORD with written notice made not later than thirty (30) days after COUNTY’s receipt prior to the commencement of the arbitration- determined FMV RentExtended Term. In the event COUNTY does not so terminate that Tenant preliminarily exercises its Option, the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration costs of the subject resulting arbitration shall be shared equally between the parties. Any arbitration conducted pursuant to the provisions hereof shall be conducted by an independent appraiser selected by the parties. If the parties cannot agree on such person, then each party shall select one appraiser and the two persons so selected shall appoint a third appraiser. The appraisers shall be members of the American Institute of Real Estate Appraisers or its successor organization, or if neither is in existence, then persons recognized as professional real estate appraisers within the Indianapolis metropolitan area. The decision of a majority of such appraisers shall be recognized as the new Basic Annual Rent associated with the Extended Term, and the parties agree to be bound by such determination. D. It is understood and agreed that this Option Termis personal to Tenant and is not transferable; in the event of any assignment or subleasing of any or all of the Leased Premises, said Option shall be null and void. Notwithstanding the foregoing, in the event that Tenant subleases or assigns any part of this Lease to an affiliate of Tenant or to any successor by merger, consolidation or by operation of law, the Option shall continue in full force and effect exercisable by any successor sublessor or assignee under such circumstances.

Option to Extend Lease Term. A. COUNTY shall have Landlord hereby grants to Tenant one option to extend the Option to Extend Lease Term as to the Premises or any portion thereof for the number of option terms a five (“Option Terms”5) and the period of time during each option year term set forth in the Basic Lease Provisions on the same following terms and conditions: A. Tenant must give Landlord notice in writing of its exercise of the option in question no earlier than one hundred eight (180) days and no later than one hundred twenty (120) days before the date the Lease Term would end but for said exercise. B. Tenant may not extend the Lease Term pursuant to any option granted by this paragraph if Tenant is materially in default beyond any applicable cure period as of the date of exercise of the option in question or as of the date this Lease would have been terminated but for said exercise. C. All terms and conditions as of this Lease shall apply during the Leaseoption period, except that the Base Monthly Rent for the Premises. option period shall be determined as provided in Paragraph D. D. The Option Terms must be exercised, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of the then current Lease Term or during any Holdover Period (as later defined). B. The Base Monthly Rent for the Premises during each Option Term Period shall be adjusted by good faith negotiation the greater of (i) one hundred percent (100%) of the Parties Base Monthly Rent due the last month of the previous Lease Term, or (ii) one-hundred percent (100%) of the then fair market monthly rent determined as of the commencement of the option period in question based upon like buildings with like improvements in the San ▇▇▇▇ area within the boundaries of Highways 237,101 and 880. If the parties are unable to agree upon the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises for the option period in question at least seventy-five (75) days prior to the commencement of the option period in question, then the fair market monthly rent shall be determined by appraisal conducted pursuant to subparagraph E. E. In the event it becomes necessary to determine by appraisal the fair market rent of the Premises for the purpose of establishing the Base Monthly Rent during the Option Period, then such fair market monthly rent shall be determined by three (3) real estate appraisers, all of whom shall be members of the American Institute of Real Estate Appraisers with not less than five (5) years experience appraising real property (other than residential or agricultural property) located in Santa ▇▇▇▇▇ County, California, in accordance with the following procedures: (1) The party demanding an appraisal (the "Notifying Party") shall notify the other party (the "Non-Notifying Party") thereof by delivering a written demand for appraisal, which demand, to be effective, must give the name, address, and qualifications of an appraiser selected by the Notifying Party. Within ten (10) days of receipt of said demand, the Non-Notifying Party shall select its appraiser and notify the Notifying Party, in writing, of the name, address, and qualifications of an appraiser selected by it. Failure by the Non-Notifying Party to select a qualified appraiser within said ten (10) day period shall be deemed a waiver of its right to select a second appraiser on its own behalf and the Notifying Party shall select a second appraiser on behalf of the Non-Notifying Party within five (5) months of COUNTY's exercise of its option, said FMV Rent shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. During the period between days after the expiration of said ten (10) day period. Within ten (10) days from the date the second appraiser shall have been appointed, the two (2) appraisers so selected shall appoint a third appraiser. If the two appraisers fail to select a third qualified appraiser, the third appraiser shall be selected by the American Arbitrations Association or if it shall refuse to perform this function, then at the request of either Landlord or Tenant, such third appraiser shall be promptly appointed by the then current Lease Term Presiding Judge of the Superior Court of the State of California for the County of Santa ▇▇▇▇▇. (2) The three (3) appraisers so selected shall meet in San Jose, California, not later than twenty (20) days following the selection of the third appraiser. At said meeting the appraisers so selected shall attempt to determine the fair market monthly rent of the Premises for the option period in question (including the timing and amount of periodic increases). (3) If the appraisers so selected are unable to complete their determinations in one meeting, they may continue to consult at such times as they deem necessary for a fifteen (15) day period from the date of the first meeting, in an attempt to have at least two (2) of them agree. If, at the initial meeting or at any time during said fifteen (15) day period, two (2) or more of the appraisers so selected agree on the fair market rent of the Leased Premises, such agreement shall be determinative and binding on the parties hereto, and the agreeing appraisers shall, in simple letter form executed by the agreeing appraisers, forthwith notify both Landlord and Tenant of the amount set by such agreement. (4) If two (2) or more appraisers do not so agree within said fifteen (15) day period, then each appraiser shall, within five (5) days after the expiration of said fifteen (15) day period, submit his independent appraisal in simple letter form to Landlord and Tenant stating his determination of the Monthly Rent fair market rent of the Premises for the option period in question. The parties shall then determine the fair market rent for the Premises by arbitration, COUNTY shall continue to pay determining the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration average of the fair market rent set by each of the appraisers. However, if the lowest appraisal is less than eighty-five percent (85%) of the middle appraisal then current Lease Termsuch lowest appraisal shall be disregarded and/or if the highest appraisal is greater than one hundred fifteen percent (115%) of the middle appraisal then such highest appraisal shall be disregarded. If the FMV Rent for fair market rent set by any appraisal is so disregarded, then the Premises is average shall be determined by arbitration computing the average set by the other appraisals that have not been disregarded. (5) Nothing contained herein shall prevent Landlord and COUNTY does not, for any reason, agree with such determination, COUNTY shall have Tenant from jointly selecting a single appraiser to determine the right to terminate the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt fair market rent of the arbitration- determined FMV Rent. In Premises, in which event the event COUNTY does not so terminate determination of such appraisal shall be conclusively deemed the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration fair market rent of the subject Option TermPremises. (6) Each party shall bear the fees and expenses of the appraiser selected by or for it, and the fees and expenses of the third appraiser (or the joint appraiser if one joint appraiser is used) shall be borne fifty percent (50%) by Landlord and fifty percent (50%) by Tenant.

Option to Extend Lease Term. A. COUNTY (a) Tenant shall have one option to extend (the “Option to Extend”) the initial Lease Term for one (1) additional period of five (5) years (the “Extension Term”), subject to the following conditions: (i) the Option to Extend shall only be exercised by irrevocable written notice of exercise given to Landlord not sooner than twelve (12) months and not later than nine (9) months before the Expiration Date; (ii) at the time the Option to Extend is exercised and at the commencement of the Extension Term, this Lease shall be in full force and effect, and Tenant shall not then be in default beyond any applicable notice and cure period; and (iii) except in connection with a Permitted Transfer (as defined below) Tenant has not assigned this Lease nor sublet all or a portion of the Premises, or if so sublet, no subletting is then in effect at the time the Option to Extend is exercised and at the commencement of the Extension Term, it being understood and agreed that the Option to Extend is personal to the Tenant originally named herein and any Permitted Transferee (as defined below). If Tenant fails to exercise the Option to Extend strictly in the manner set forth hereunder, any purported exercise shall be null and void and of no force or effect, and the Option to Extend shall terminate and be deemed waived by Tenant. (b) Within twenty (20) days after Landlord’s receipt of Tenant’s written notice of exercise of the Option to Extend, Landlord shall notify Tenant of Landlord’s good faith determination of the monthly Base Rent that will become applicable pursuant to Section 3.3(c) below. If Tenant in good faith disputes Landlord’s determination of Base Rent as indicated in the notice given by Landlord, Tenant shall so notify Landlord within ten (10) business days after Tenant receives Landlord’s determination of Base Rent, and if such dispute is not resolved by negotiation between the parties within ten (10) business days after Tenant’s notice is given, the Fair Market Rent (as defined below) shall be determined by appraisal pursuant to Section 3.3(d) below. If the Base Rent is not determined as of the commencement of the Extension Term, then Tenant’s monthly payments of Base Rent shall be in an amount equal to the monthly Base Rent payable by Tenant immediately prior to the scheduled Expiration Date. Within thirty (30) days following the resolution of such dispute by the parties or the decision of the arbitrators, as applicable, Tenant shall pay to Landlord the amount of any deficiency in the Base Rent previously paid, or Landlord shall pay to Tenant any excess or credit the excess to the next succeeding installments of Base Rent in the Base Rent previously paid, as the case may be. (c) In the event the Option to Extend is exercised by Tenant as required herein, the Lease Term as to the Premises or any portion thereof shall be extended for the number Extension Term subject to all of option terms (“Option Terms”) and the period of time during each option term set forth in the Basic Lease Provisions on the same terms and conditions as the of this Lease, except provided that: (1) there shall be no further option to extend the Monthly Rent for the Premises. The Option Terms must be exercised, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of the then current Lease Term or beyond the Extension Term; (2) the monthly Base Rent during any Holdover Period (as later defined). B. The Monthly Rent for the Premises during each Option Extension Term shall be adjusted by good faith negotiation the “Fair Market Rent”, which means the rental rate for comparable space under primary lease (and not sublease) to new tenants, taking into consideration the unique quality and prestige of the Parties to Building and such amenities as existing improvements, view, floor on which the fair market monthly rental rate Premises are situated and the like, situated in first class, reputable, established high rise office buildings in comparable locations in the San Francisco Financial District, in comparable physical and economic condition (“Comparable Buildings”), taking into consideration the then prevailing based on ordinary rental market practices with respect to tenant concessions (if any) (e.g., not offering extraordinary rental, promotional deals and other concessions to tenants which deviate from what is the monthly rental rent then prevailing ordinary practice in an effort to alleviate cash flow problems, difficulties in meeting loan obligations or other financial distress, or in response to a greater than average vacancy rate); (“FMV Rent”3) Landlord shall have no obligation to improve, or provide Tenant with allowances for improvement of, the Premises; and (4) the Base Year shall be the calendar year in which the Extension Term commences. (d) If Fair Market Rent is to be determined by appraisal, then, within twenty (20) days after the expiration of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises within ten (10)-day negotiation period, Landlord and Tenant shall each appoint as an appraiser an independent real estate broker with at least five (5) months years of COUNTY's exercise experience in leasing office space in the San Francisco Financial District, and give notice of its optionsuch appointment to the other. If either Landlord or Tenant shall fail timely to appoint an appraiser, said FMV the appointed appraiser shall select the second appraiser within ten (10) days after the failure of Landlord or Tenant, as the case may be, to appoint. Such appraisers shall, within fifteen (15) days after the appointment of the last of them to be appointed, complete their determinations of Fair Market Rent pursuant to the terms set forth in Section 3.3(c) above, and submit their appraisal reports to Landlord and Tenant. If the valuations vary by five percent (5%) or less of the higher value, the Fair Market Rent shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules average of the American Arbitration Association. During the period between the expiration of the then current Lease Term and the determination of the Monthly Rent for the Premises by arbitration, COUNTY shall continue to pay the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration of the then current Lease Termtwo valuations. If the FMV Rent valuations vary by more than five percent (5%) of the higher value, the two appraisers shall, within ten (10) days after submission of the last appraisal report, appoint a third appraiser who shall be similarly qualified and independent. If the two appraisers shall be unable to agree timely on the selection of a third appraiser, then either appraiser, on behalf of both, may request such appointment by the presiding judge of the Superior Court of California for the Premises is determined by arbitration City and COUNTY does notCounty of San Francisco. The third appraiser independently shall, for any reason, agree with such determination, COUNTY shall have the right to terminate the Lease by providing LANDLORD with written notice not later than within thirty (30) days after COUNTYhis or her appointment, select the determination of Fair Market Rent that is determined by either Landlord’s receipt appraiser or Tenant’s appraiser, and shall not make any “compromise” determination. Landlord and Tenant shall each pay the fees of their respective appraisers, or the appraiser selected on their behalf in the event Landlord or Tenant shall fail to timely appoint, as provided above. The fees of the arbitration- determined FMV Rent. In the event COUNTY does not so terminate the Leasethird appraiser, COUNTY if there be one, shall commence paying the arbitrationbe paid one-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination half by Landlord and for the duration of the subject Option Termone-half by Tenant.

Option to Extend Lease Term. A. COUNTY Provided Tenant is not in default hereunder, Tenant shall have the Option option to Extend extend the term of this Lease Term (hereinafter, the “Option”)) for two (2) consecutive periods of five (5) years each (each referred to as to the Premises or any portion thereof for the number of option terms (an “Option TermsExtended Term”) and the period of time during each option term set forth in the Basic Lease Provisions on upon the same terms and conditions as the Leaseconditions, except for Basic Annual Rent and upon the Monthly following further terms and conditions. B. Tenant shall exercise said Option only by giving written notice to Landlord not later than twelve (12) months prior to the Expiration Date (“Option Notice”). Thereafter, Landlord shall advise Tenant, within ten (10) business days, of the Basic Annual Rent for the Premises. The Option Terms must Period, and Tenant shall then have ten (10) business days within which to revoke in writing its exercise of the Option. C. Basic Annual Rent shall be exercised95% of fair rental value, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of but in no event less than 1.08 multiplied by the then current Lease Term or during any Holdover Period (as later defined). B. The Monthly Rent for Basic Annual Rent. In the Premises during each Option Term event that the parties cannot agree on what the fair rental value shall be adjusted by good faith negotiation of during the Parties to Extended Term within thirty (30) days following the fair market monthly rental rate then prevailing based on Option Notice, the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises within five (5) months of COUNTY's exercise of its option, said FMV Rent matter shall be determined through by arbitration conducted in accordance with at the Commercial Arbitration Rules election of the American Arbitration Associationeither Landlord or Tenant. During the period between the expiration of the then current Lease Term The arbitration proceedings shall be completed and the determination of the Monthly such Basic Annual Rent for the Premises by arbitration, COUNTY shall continue to pay the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration of the then current Lease Term. If the FMV Rent for the Premises is determined by arbitration and COUNTY does not, for any reason, agree with such determination, COUNTY shall have the right to terminate the Lease by providing LANDLORD with written notice made not later than thirty (30) days after COUNTY’s receipt prior to the commencement of the arbitration- determined FMV RentExtended Term. In the event COUNTY does not so terminate that Tenant preliminarily exercises its Option, the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration costs of the subject resulting arbitration shall be shared equally between the parties. Any arbitration conducted pursuant to the provisions hereof shall be conducted by an independent appraiser selected by the parties. If the parties cannot agree on such person, then each party shall select one appraiser and the two persons so selected shall appoint a third appraiser. The appraisers shall be members of the American Institute of Real Estate Appraisers or its successor organization, or if neither is in existence, then persons recognized as professional real estate appraisers within the Indianapolis metropolitan area. The decision of a majority of such appraisers shall be recognized as the new Basic Annual Rent associated with the Extended Term, and the parties agree to be bound by such determination. D. It is understood and agreed that this Option Termis personal to Tenant and is not transferable; in the event of any assignment or subleasing of any or all of the Leased Premises, said Option shall be null and void. Notwithstanding the foregoing, in the event that Tenant subleases or assigns any part of this Lease to an affiliate of Tenant or to any successor by merger, consolidation or by operation of law, the Option shall continue in full force and effect exercisable by any successor sublessor or assignee under such circumstances.

Option to Extend Lease Term. A. COUNTY shall have Landlord hereby grants to Tenant one option to extend the Option to Extend Lease Term as to the Premises or any portion thereof for the number of option terms a five (“Option Terms”5) and the period of time during each option year term set forth in the Basic Lease Provisions on the same following terms and conditions: A. Tenant must give Landlord notice in writing of its exercise of the option in question no earlier than one hunderd eighty (180) days and no later than one hundred twenty (120) days before the date the Lease Term would end but for said exercise. B. Tenant may not extend the Lease Term pursuant to any option granted by this paragraph if Tenant is materially in default beyond any applicable cure period as of the date of exercise of the option in question or as of the date this Lease would have been terminated but for said exercise. C. All terms and conditions as of this Lease shall apply during the Leaseoption period, except that the Base Monthly Rent for the Premises. option period shall be determined as provided in Paragraph D. D. The Option Terms must be exercised, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of the then current Lease Term or during any Holdover Period (as later defined). B. The Base Monthly Rent for the Premises during each Option Term Period shall be adjusted by good faith negotiation greater of (i) one hundred percent (100%) of the Parties Base Monthly Rent due the last month of the previous Lease Term, or (ii) one-hundred percent (100%) of the then fair market monthly rent determined as of the commencement of the option period in question based upon like buildings with like improvements in the San ▇▇▇▇ area within the boundaries of Highways 237, 101 and 880. If the parties are unable to agree upon the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises for the option period in question at least seventy-five (75) days prior to the commencement of the option period in question, then the fair market monthly rent shall be determined by appraisal conducted pursuant to subparapgraph E. E. In the event it becomes necessary to determine by appraisal the fair market rent of the Premises for the purpose of establishing the Base Monthly Rent during the Option Period, then such fair market monthly rent shall be determined by three (3) real estate appraiser, all of whom shall be members of the American Institue of Real Estate Appraisers with not less than five (5) years experience appraising real property (other than residential or agricultural property) located in Santa ▇▇▇▇▇ County, California, in accordance with the following procedures: (1) The party demanding an appraisal (the "Notifying Party") shall notify the other party (the "Non-Notifying Party") thereof by delivering a written demand for appraisal, which demand, to be effective, must give the name, address, and qualifications of an appraiser selected by the Notifying Party. Within ten (10) days of receipt of said demand, the Non-notifying Party shall select its appriaser and notify the Notifying Party, in writing, of the name, address, and qualifications of an appraiser selected by it. Failure by the Non-Notifying Party to select a qualified appraiser within said ten (10) day period shall be deemed a waiver of its right to select a second appraiser on its own behalf and the Notifying Party shall select a second appraiser on behalf of the Non-Notifying Party within five (5) months of COUNTY's exercise of its option, said FMV Rent shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. During the period between days after the expiration of said ten (10) day period. Within ten (10) days from the date the second appraiser shall have been appointed, the two (2) appraisers so selected shall appoint a third appraiser. If the two appraisers fail to select a third qualified appraiser, the third appraiser shall be selected by the American Arbitrations Association or if it shall refuse to perform this function, then at the request of either Landlord or Tenant, such third appraiser shall be promptly appointed by the then current Lease Term Presiding Judge of the Superior Court of the State of California for the County of Santa ▇▇▇▇▇. (2) The three (3) appraisers so selected shall meet in San Jose, California, not later than twenty (20) days following the selection of the third appriaser. At said meeting the appraisers so selected shall attempt to determine the fair market monthly rent of the Premises for the option period in question (including the timing and amount of periodic increases). (3) If the appraisers so selected are unable to complete their determinations in one meeting, they may continue to consult at such times as they deem necessary for a fifteen (15) day period from the date of the first meeting, in an attempt to have at least two (2) of them agree. If, at the initial meeting or at any time during said fifteen (15) day period, two (2) or more of the appraisers so selected agree on the fair market rent of the Leased Premises, such agreement shall be determinative and binding on the parties hereto, and the agreeing appraisers shall, in simple letter form executed by the agreeing appraisers, forthwith notify both Landlord and Tenant of the amount set by such agreement. (4) If two (2) or more appraisers do not so agree within said fifteen (15) day period, then each appraiser shall, within five (5) days after the expiration of said fifteen (15) day period, submit his independent appraisal in simple letter form to Landlord and Tenant stating his determination of the Monthly Rent fair market rent of the Premises for the option period in question. The parties shall then determine the fair market rent for the Premises by arbitration, COUNTY shall continue to pay determining the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration average of the fair market rent set by each of the appraisers. However, if the lowest appraisal is less than eighty-five percent (85%) of the middle appraisal then current Lease Termsuch lowest appraisal shall be disregarded and/or if the highest appraisal is greater than one hundred fifiteen percent (115%) of the middle appraisal then such highest appraisal shall be disregarded. If the FMV Rent for fair market rent set by any appraisal is so disregarded, then the Premises is average shall be determined by arbitration computing the average set by the other appraisals that have not been disregarded. (5) Nothing contained herein shall prevent Landlord and COUNTY does not, for any reason, agree with such determination, COUNTY shall have Tenant from jointly selecting a single appraiser to determine the right to terminate the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt fair market rent of the arbitration- determined FMV Rent. In Premises, in which event the event COUNTY does not so terminate determination of such appraisal shall be conclusively deemed the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration fair market rent of the subject Option TermPremises. (6) Each party shall bear the fees and expenses of the appraiser selected by or for it, and the fees and expenses of the third appraiser (or the joint appraiser if one joint appraiser is used) shall be borne fifty percent (50%) by Landlord and fifty percent (50%) by Tenant.

Option to Extend Lease Term. A. COUNTY shall Lessee is hereby granted and shall, if not then in default under this Lease, have an option to extend the Option to Extend term of this Lease Term as to the Premises or any portion thereof for the number of option terms (“Option Terms”) and the an additional period of time during ten years from the original expiration date of this Lease in successive periods of five years each option term set forth in the Basic Lease Provisions on the same terms terms, covenants and conditions as the contained in this Lease, except the Monthly Rent for the Premises. The Option Terms must be exercised, if at all consecutively; provided however, COUNTY may opt that the minimum monthly rent to exercise be paid by Lessee to Lessor shall be as agreed upon by Lessee and Lessor, or if the parties are unable to agree, fixed by appraisal in the following matter: (1) The successive options set forth herein shall be exercised only by a Lessee delivering to Lessor one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 hundred eighty (180) days before the expiration or earlier termination of the then current Lease Term or during any Holdover Period (term hereof written notice of Lessee's election to renew the term of this lease as later defined)provided in this Article. B. (2) On or before 90 days before the commencement of the extended term Lessor and Lessee shall each appoint an appraiser and give written notice of the name and address of that appraiser to the other party to this lease. The Monthly Rent two appraisers shall, within 30 days after appointment of the last of the two appraiser to be appointed, appoint a third appraiser and serve written notice of the name and address of that appraiser upon the Lessee and Lessor in the manner prescribed by this Lease for service of notice on one party of the Lease by the other. All appraisers appointed under this Article shall be, at the time of their appointment, licensed Real Estate Appraiser, certified by the State of California. Within 30 days after the appointment of the third appraiser, the appraisers shall confer and each submit in writing to the Lessor and the Lessee his or her appraisal of the fair rental value of the leased premises which, in this case, be defined as the "price a willing lessee would pay a willing lessor for the Premises during each Option Term leased premises for the uses, regardless of the highest and best potential use of the premises, as specified in this lease. The appraised value agreed upon in writing by any two of the three appointed appraisers shall be adjusted by good faith negotiation conclusive and binding and shall establish the fair rental value of the Parties to the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardinopremises. If no two of the Parties have been unable three appraisers are able to agree on the FMV Rent for fair rental value of the Premises within five (5) months leased premises, both the highest appraisal and the lowest appraisal submitted by any of COUNTY's exercise of its option, said FMV Rent the three appraisers shall be determined through arbitration conducted in accordance with disregarded and the Commercial Arbitration Rules of remaining appraisal shall be binding and conclusive upon the American Arbitration Associationparties to this lease. During If either Lessor or Lessee fail to appoint an appraiser as required under this Article, the period between appraiser so appointed by the expiration of the then current Lease Term other party shall act for both Lessor and Lessee and his decision as to the determination of the Monthly Rent for the Premises by arbitration, COUNTY fair rental value will be final and binding on both parties. Lessor and Lessee shall continue to each pay the Monthly Rent for fee and all expenses incurred by the Premises in appraiser appointed by each of them and one-half of all expenses and the amount due for fee incurred by the month immediately preceding expiration of the then current Lease Term. If the FMV Rent for the Premises is determined by arbitration and COUNTY does not, for any reason, agree with such determination, COUNTY shall have the right third appraiser appointed pursuant to terminate the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt of the arbitration- determined FMV Rent. In the event COUNTY does not so terminate the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration of the subject Option Termthis Article.

Option to Extend Lease Term. A. COUNTY Landlord hereby grants to Tenant an --------------------------- option to extend the Lease Term for period of three (3) years ("Extended Term"), on the following terms and conditions: (a) Tenant shall give Landlord written notice of its exercise of the option to extend the Lease Term no earlier than nine (9) months nor later than six (6) months before the date the Lease Term would end but for said exercise. Time is of the essence. (b) Tenant may not extend the Lease Term pursuant to this Paragraph 3.5 if Tenant is in material default of any of its obligations under this Lease as of the date of Tenant's notice of exercise of this option, or if Tenant shall have assigned or otherwise transferred its interest in this Lease and/or more than twenty-five percent of the Option rentable square footage of the Premises, whether or not Landlord's consent to Extend such assignment or transfer has been given. The preceding sentence to the contrary notwithstanding, Tenant shall not be precluded from extending the Lease Term as provided herein solely because Tenant may have assigned this Lease to the Premises or any portion thereof for the number of option terms a Permitted Assignee (“Option Terms”) and the period of time during each option term set forth as defined in the Basic Section 24.4). If Tenant is in default under this Lease Provisions on the same date that the Extended Term 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 void and of no force or effect. (c) All terms and conditions as of this Lease shall apply during the LeaseExtended Term, except that the Monthly Rent for the Premises. The Option Terms must be exercised, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of the then current Lease Term or during any Holdover Period (as later defined). B. The Monthly Rent for the Premises during each Option Extended Term shall be adjusted by good faith negotiation of the Parties to the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises within five (5) months of COUNTY's exercise of its option, said FMV Rent shall be determined through arbitration conducted in accordance with Paragraph 4.4 below, Tenant shall have no further options to extend the Commercial Arbitration Rules of the American Arbitration Association. During the period between the expiration of the then current Lease Term and the determination Landlord shall have no obligation to construct or install any tenant improvements as described in Exhibit C attached --------- hereto. (d) Once Tenant delivers notice of its exercise of the Monthly Rent for option to extend the Premises by arbitrationLease Term, COUNTY Tenant may not withdraw such exercise and, subject to the provisions of this Paragraph 3.5, such notice shall continue operate to pay extend the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration of the then current Lease Term. If Upon the FMV Rent for the Premises is determined by arbitration and COUNTY does not, for any reason, agree with such determination, COUNTY shall have the right to terminate extension of the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt Term pursuant to this Paragraph 3.5, the term "Lease Term" as used in this Lease shall thereafter include the Extended Term and the Lease Termination date shall be the expiration date of the arbitration- determined FMV Rent. In Extended Term unless sooner terminated pursuant to the event COUNTY does not so terminate the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration of the subject Option Termterms hereof.

Option to Extend Lease Term. Landlord hereby grants to Tenant one option to extend the Lease Term for a five (5) year term on the following terms and conditions: A. COUNTY Tenant must give Landlord notice in writing of its exercise of the option in question no earlier than two hundred seventy (270) days and no later than one hundred eighty (180) days before the date the Lease Term would end but for said exercise. B. Tenant may not extend the Lease Term pursuant to any option granted by this paragraph if an Event of Tenant's Default exists as of the date of exercise of the option in question or as of the date this Lease would have been terminated but for said exercise. C. All term and conditions of this Lease shall have apply during the Option to Extend Lease Term as to the Premises or any portion thereof for the number of option terms (“Option Terms”) and the period of time during each option term set forth in the Basic Lease Provisions on the same terms and conditions as the LeasePeriod, except that the Base Monthly Rent for the Premises. Option Period shall be determined as provided in Paragraph D. D. The Option Terms must be exercised, if at all consecutively; however, COUNTY may opt to exercise one or multiple Option Terms at once. To exercise Option Terms, COUNTY shall provide LANDLORD with written notice at any time on or prior to the date that is 180 days before the expiration or earlier termination of the then current Lease Term or during any Holdover Period (as later defined). B. The Base Monthly Rent for the Premises during each Option Term Period shall be adjusted by good faith negotiation the greater of (i) one hundred percent (100%) of the Parties Base Monthly Rent due the last month of the previous Lease Term, or (ii) one hundred percent (100%) of the then fair market monthly rent determined as of the commencement of the Option Period in question based upon like buildings with like improvements in the Mountain View/Sunnyvale/Santa ▇▇▇▇▇ area taking into account tenant improvement allowances and other concessions which may be available in the market.. If the parties are unable to agree upon the fair market monthly rental rate then prevailing based on the monthly rental rent (“FMV Rent”) of comparable leased premises in the County of San Bernardino. If the Parties have been unable to agree on the FMV Rent for the Premises for the Option Period in question at lean seventy-five (75) days prior to the commencement of the Option Period in question, then the fair market monthly rent shall be determined by appraisal conducted pursuant to subparagraph E. E. In the event it becomes necessary to determine by appraisal the fair market rent of the Premises for the purpose of establishing the Base Monthly Rent during the Option Period, then such fair market monthly rent shall be determined by three (3) real estate appraisers, all of whom shall be members of the American Institute of Real Estate Appraisers with not less than five (5) years experience appraising real property (other than residential or agricultural property) located in Santa ▇▇▇▇▇ County, California, in accordance with the following procedures: (1) The party demanding an appraisal (the "Notifying Party") notify the other party (the "Non-Notifying Party") thereof by delivering a written demand for appraisal, which demand, to be effective, must give the name, address, and qualifications of an appraiser selected by the Notifying Party. Within ten (10) days of receipt of said demand, the Non-Notifying Party shall select its appraiser and notify the Notifying Party, in writing, of the name, 1. address, and qualifications of an appraiser selected by it. Failure by the Non- Notifying Party to select a qualified appraiser within said ten (10) day period shall be deemed a waiver of its right to select a second appraiser on its own behalf and the Notifying Party shall select a second appraiser on behalf of the Non-Notifying Party within five (5) months days after the expiration of COUNTY's exercise of its optionsaid ten (10) day period. Within ten (10) days from the date the second appraiser shall have been appointed, said FMV Rent the two (2) appraisers so selected shall appoint a third appraiser. If the two appraisers fad to select a third qualified appraiser, the third appraiser shall be determined through arbitration conducted in accordance with the Commercial Arbitration Rules of selected by the American Arbitration AssociationAssociation or if it shall refuse to perform this function, then at the request of either Landlord or Tenant, such third appraiser shall be promptly appointed by the then Presiding Judge of the Superior Court of the State of California for the County of Santa ▇▇▇▇▇. (2) The three (3) appraisers so selected shall meet not later than twenty (20) days following the selection of the third appraiser. During At said meeting the appraisers so selected shall attempt to determine the fair market monthly rent of the Premises for the option period between in question (including the timing and amount of periodic increases). (3) If the appraisers so selected are unable to complete their determinations in one meeting, they may continue to consult at such times as they deem necessary for a fifteen (15) day period from the date of the first meeting, in an attempt to have at least two (2) of them agree. If, at the initial meeting or at any time during said fifteen (15) day period, two (2) or more of the appraisers so selected agree on the fair market rent of the Leased Premises, such agreement shall be determinative and binding on the parties hereto, and the agreeing appraisers shall, in simple letter form executed by the agreeing appraisers, forthwith notify both Landlord and Tenant of the amount set by such agreement. (4) If two (2) or more appraisers do not so agree within said fifteen (15) day period, then each appraiser shall, within five (5) days after the expiration of the then current Lease Term said fifteen (15) day period, submit his independent appraisal in simple letter form to Landlord and the Tenant stating his determination of the Monthly Rent fair market rent of the Premises for the Option Period in question. The parties shall then determine the fair market rent for the Premises by arbitration, COUNTY shall continue to pay determining the Monthly Rent for the Premises in the amount due for the month immediately preceding expiration average of the fair market rent set by each of the appraisers. However, if the lowest appraisal is less than eighty-five percent (85%) of the middle appraisal then current Lease Termsuch lowest appraisal Wall be disregarded and/or if the highest appraisal is greater than one hundred fifteen percent (115%) of the middle appraisal then such highest appraisal shall be disregarded. If the FMV Rent for fair market rent set by any appraisal is so disregarded, then the Premises is average shall be determined by arbitration computing the average set by the other appraisals that have not been disregarded. (5) Nothing contained herein shall prevent Landlord and COUNTY does not, for any reason, agree with such determination, COUNTY shall have Tenant from jointly selecting a single appraiser to determine the right to terminate the Lease by providing LANDLORD with written notice not later than thirty (30) days after COUNTY’s receipt fair market raw of the arbitration- determined FMV Rent. In Premises, in which event the event COUNTY does not so terminate determination of such appraisal shall be conclusively deemed the Lease, COUNTY shall commence paying the arbitration-determined FMV Rent for the month immediately following COUNTY’s receipt of said rate determination and for the duration fair market rent of the subject Option TermPremises. (6) Each party shall bear the fees and expenses of the appraiser selected by or for it, and the few and expenses of the third appraiser (or the joint appraiser if one joint appraiser is used) shall be home fifty percent (50%) by Landlord and fifty percent (50%) by Tenant.