Common use of Option to Extend Term Clause in Contracts

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 2 contracts

Sources: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(c) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for one ("Option"1) additional term of five (5) years, commencing upon the expiration of the initial term hereof; provided, however, that such option shall be exercisable solely with respect to one of the following two configurations of space: either (a) with respect to the entire Premises covered by this Lease on the date of exercise of such option, or (b) with respect to the entire Premises located in the 2071 Building but not with respect to any portion of the Premises located in the 2025 Building (if applicable). Exercise of such option shall be by written notice to Landlord not less than nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the 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 initial term of this Lease (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises its extension option under this Section, then all references in this Lease (other than in this Section 2.6 itself) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. The extension option granted herein is personal to Tenant, and may not be exercised (except with Landlord’s prior written consent, in Landlord’s sole discretion) by any assignee of Tenant’s interest under this Lease or by any subtenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 2 contracts

Sources: Lease Agreement, Lease (Complete Genomics Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(c) and otherwise upon all the terms and provisions set forth herein with respect to the initial direct term of this Lease, for one ("Option"1) additional term of three (3) years, commencing upon the expiration of the initial direct term hereof; provided, however, that such option shall be exercisable solely with respect to the entire Premises covered by this Lease on the date of exercise of such option. Exercise of such option shall be by written notice to Landlord not less than nine (9) months and not more than twelve (12) months prior to the expiration of the initial direct term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the 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 initial direct term of this Lease (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises its extension option under this Section, then all references in this Lease (other than in this Section 2.6 itself) to the “term” of this Lease shall be construed to include the extension term thus elected by Tenant. The extension option granted herein may be assigned to and exercised by any permitted assignee of Tenant’s entire interest in this Lease, provided that such assignee is in possession of the Premises at the time. such option is exercised, but may not be assigned to or exercised by any subtenant. Except as expressly set forth in this Section 2.6, Tenant shall have no right to extend the term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 2 contracts

Sources: Lease (Five Prime Therapeutics Inc), Lease (Five Prime Therapeutics Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(b) and (c) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (2) additional periods of five (5) years each, the first commencing upon the expiration of the initial term hereof and the second 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 nine (9) months and not more than twelve (12) 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 like written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the 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 "Option"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 upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 2 contracts

Sources: Build to Suit Lease (Pharmacopeia Inc), Build to Suit Lease (Pharmacopeia Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1 (c) and (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 five (5) 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 nine (9) months and not more than twelve (12) 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 like written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the 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 "Option"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 upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 2 contracts

Sources: Collaboration and Facilities Agreement (Cytokinetics Inc), Collaboration and Facilities Agreement (Cytokinetics Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(c) and ("Option"d) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to [*] additional periods of [*] 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 4. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. option with respect to the first such extended term shall be by written notice to Landlord at least nine (9) months and not more than twelve (12) 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 like written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended team 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 terms) 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 upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (Portola Pharmaceuticals Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(c) and ("Option"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 five (5) 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 nine (9) months and not more than twelve (12) 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 like written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the 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 upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Sub Sublease (Cytokinetics Inc)

Option to Extend Term. Provided that Tenant is not then in DefaultSubject to the provisions of this Paragraph 7, Tenant shall have the option ("OptionOption to Extend") to extend the term Term of this Lease upon for one (1) additional sixty (60) month term (the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a"Extended Term"), the Lease terms shall be on all of the same terms and conditions as set forth in this of the Lease except for the Basic Annual monthly Base Rent, which shall be equal to provided that Tenant OR ITS PERMITTED ASSIGN A UNDER PARAGRAPH 23, has continuously operated its business in the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other PartyPremises SUBJECT TO EVENTS OF FORCE MAJEURE AND THE PROVISIONS OF THE LEASE, and provided that no Event of Default or any even circumstance has occurred (WRITTEN NOTICE OF WHICH HAS BEERS PROVIDED TO TENANT) which with passage of time or the Option giving of notice or both would constitute an Event of Default ("Potential Default") shall be of no further force exist under the Lease when Tenant exercises such right or effect even after Tenant's due and timely exercise of an Option, if six months prior to on the commencement date of the new term, Landlord and Extended Term. Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant may exercise such right only by giving Landlord written notice of its election to exercise exercise, submitted by Tenant on Tenant's letterhead stationary, of such right no later than the Option at least date which is six (6) months and not sooner than nine (9) months prior to the end of the expiration of the initial term of this Lease with respect to the Extended Term. If Tenant fails (or any prior extension thereofis unable due to an Event of Default or Potential Default) to timely exercise such rights in accordance herewith, such rights shall terminate automatically without further action or notice required on the part of Tenant or Landlord. Base Rent for the Extended Term shall be that amount equal to the Fair Market Rental Value for similar space determined as hereinafter provided. In no event shall the Base Rent for the Extended Term be less than the monthly rent paid by tenant in the last month of the Original Term.

Appears in 1 contract

Sources: Lease Addendum (Ocular Sciences Inc /De/)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the --------------------- term of this Lease Lease, at the Basic Annual Rent set forth in Paragraph 3.5 and otherwise upon all the following terms and conditions: (a) Tenant shall have provisions set forth herein with respect to the initial term of this Lease, for up to two (2) consecutive options to extend the term of this Lease each for a period additional periods of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a)years each, the Lease terms first extension commencing upon the expiration of the initial term hereof and the second extension commencing upon the expiration of the first extended term, if any. Exercise of such option with respect to the first such extended term shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of 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 like written notice to Landlord at least nine (9) months prior to the expiration of the first extended term hereof. If Tenant is in default beyond the expiration of any applicable notice and cure period hereunder on the date of such notice or on the date any extended term is to commence, or if this Lease has earlier terminated for any reason, then the extension option, at Landlord's election, shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). Except as expressly set forth in this Paragraph 2.7, Tenant shall have no right to extend the term of this Lease or any prior extension thereofbeyond its prescribed term.

Appears in 1 contract

Sources: Build to Suit Lease (Advanced Tissue Sciences Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the term --------------------- of this Lease Lease, at the minimum rental set forth in Section 3.1(b) and (c) and otherwise upon all the following terms and conditions: (a) Tenant shall have provisions set forth herein with respect to the initial term of this Lease, for up to two (2) consecutive options to extend the term of this Lease each for a period additional periods of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a)years each, the Lease terms 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 the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of 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 like written notice to Landlord at least nine (9) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder on the date of such notice or on the date any extended term is to commence, then the 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 or any prior shall be construed to include the extension thereofterm(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 that Lease beyond its prescribed term.

Appears in 1 contract

Sources: Build to Suit Lease (Tularik Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have two (2) successive options to extend the Term of this Lease with respect to either (a) the entire Premises or (b) full floors of the Building and associated Improvements, by five (5) additional years (each such five-year term, an “Extended Term”). Upon exercise of the option by Tenant, the first Extended Term shall begin upon the expiration of the Initial Term, and the second Extended Term shall begin upon the expiration of the first Extended Term, and all references herein to the “Term” of the Lease shall refer collectively to both the Initial Term and each Extended Term for which Tenant has properly exercised the option hereunder. The same terms and conditions as herein set forth shall apply to each Extended Term, except that ("Option"x) Tenant shall pay to Landlord Base Rent (as defined in Section 3.1) in the amounts set forth on Exhibit B hereto indicated for each Extended Term, (y) Tenant shall have no further option to extend the Term of this Lease pursuant to this Section 2.2 beyond the second Extended Term, and, (z) in the event that the term of this Lease is extended with respect to less than the entire Premises, there shall be a corresponding reduction of the Base Rent and the Additional Rent and an equitable apportionment of the common expenses of the Premises hereunder. Tenant may exercise each option to extend the term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if Landlord not more than thirty-six (36) months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. twelve (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (912) months prior to the end of the expiration of the initial term of this Lease Initial Term (as to the first Extended Term) or any prior extension thereof.the first Extended Term (as to the second Extended Term).‌

Appears in 1 contract

Sources: Completion and Cost Deposit and Escrow Agreement

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1 ("Option"b) or (c) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (2) additional periods of five (5) years each, the first commencing upon the expiration of the initial term hereof and the second commencing upon the expiration of the first extended term hereof. Exercise of such option with respect to the first extended term shall be by written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the initial term hereof. Exercise of such option with respect to the second extended term shall be by written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date the applicable extended term is to commence, then the exercise of the applicable option shall be of no force or effect, the extended term shall not commence and this Lease shall expire at the end of the then current term hereof (or at such earlier time as Landlord may elect pursuant to the default provisions of this Lease). If Tenant properly exercises one or both extension options under this Section, then all references in this Lease (other than in this Section 2.6) to the “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 upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Lease (Foxhollow Technologies, Inc.)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(e) and (f) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (2) additional periods of five (5) years each, commencing upon expiration of the initial term hereof. Exercise of such option with respect to the first such extended term shall be by written notice to Landlord at lease six (6) 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 options has been duly exercised, shall be by like written notice to Landlord at least six (6) months and not more than eight (8) months prior to the expiration of the first extended term hereof. If there exists a material event of default on the part of Tenant on the date of any such notice, then the notice shall not be effective. If Tenant properly exercises one or more extension options under this Section, then all references in this Lease (other than in this Section 2.7) to the "Option"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 2.7, Tenant shall have no right to extend the term of this Lease upon beyond its prescribed term. To the following extent provided in Section 1.3(c)(ii) and 1.3(d), Tenant may elect an early and/or partial exercise of one or both extended terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term in connection with an acceptance of this Lease each for a period of five (5) years. (b) In Offered Space; in the event of any such partial exercise, the remaining unexercised portion of the extended term(s) shall be subject to a continuing option under this Section 2.7, as provided in Section 1.3(d), and upon a proper exercise by Tenant elects to exercise an Option under Section 45 (aof such remaining extended term(s), the Lease terms rent for such remainder of the extended term(s) shall be the same terms and conditions determined, as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of such remainder of the new term, Landlord and Tenant are unable in good faith to agreeextended terms(s), in their respective sole discretionthe manner provided in Section 3.1(e) or 3.1(f), upon a mutually satisfactory Basic Annual Rentas applicable. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Build to Suit Lease (Probusiness Services Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant Tenants shall have the option ("Option") “Option to extend Extend the term Term” of this Lease upon the following terms and conditions: (a) Tenant shall have for an additional two (2) consecutive options to extend the term of this Lease each for a year period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be upon the same terms terms, covenants, and conditions as set forth contained in this Lease Lease, except for that the Basic Annual Rent, which Rental shall be equal to prevailing market rate, including prevailing escalations, for similar space in the Building then current fair market rent being offered to prospective tenants at the time Tenants exercise the option to extend, as shall be mutually agreed upon determined by Landlord and Tenantin its reasonable discretion (the “Option to Extend Term”). Either Party, however, may elect to terminate Tenants shall provide notice of its interest in exercising the Option (which termination shall be either Parties sole recourse and remedy) to Extend Term by giving written notice to the other Party, and the Option shall be of Landlord no further force or effect even after Tenant's due and timely exercise of an Option, if six later than eight (8) months prior to the commencement date last day of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend Term of the Lease for all (as extended herein and not less than all) Landlord shall notify Tenant of the Demised Premises. proposed Basic Rental for the Option to Extend Term within thirty (e30) The Option is conditional upon Tenant giving Landlord written days of Tenants’ notice of its election intent to exercise of the Option to Extend Term. Tenant shall then exercise the Option at least nine to Extend Term by giving written notice to Landlord no later than six (96) months prior to the end last day of the expiration Term of the initial term Lease as extended herein , and the parties shall prepare the appropriate amendment to the Lease. The execution of this Lease or any prior extension thereofa written supplement shall not be a condition to the effectiveness of Tenants’ exercise of the Option to Extend the Term hereunder.

Appears in 1 contract

Sources: Stock Purchase Agreement (United Online Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options (each a “Renewal Option”) to extend the term of this Lease Term for the entire Premises then being leased to Tenant. The Renewal Options shall each be for a period of five (5) years. year period (beach a “Renewal Term”). The Renewal Term(s) In shall commence on the event Tenant elects to exercise an day after the Expiration Date and the day after the last day of the first Renewal Term, respectively. The Renewal Option under Section 45 (a), the Lease terms shall be void if there exists an event of default by Tenant of this Lease by Tenant, either at the time of exercise of the Renewal Option or the time of commencement of the Renewal Term. Each Renewal Option must be exercised, if at all, by written Notice (“Renewal Notice”) from Tenant to Landlord given not less than nine (9) months and not more than twelve (12) months prior to the expiration of the then current Lease Term. The Renewal Term shall be upon the same terms and conditions as set forth in this the original Lease Term, except for that: (A) the Basic Annual Rent, which Rent (payable in monthly installments) shall be equal adjusted to that amount which is One Hundred and Three percent (103%) of the then Annual Basic Rent (and the Annual Basic rent shall thereafter increase each year by three percent (3%)); (B) Tenant shall not be entitled to any tenant improvement allowance during the Renewal Term; and (C) from and after the exercise of each Renewal Option, (1) all references to “Expiration Date” shall be deemed to refer to the then current fair market rent as last day of the applicable Renewal Term, and (2) all references to “Lease Term” shall be mutually agreed upon by Landlord deemed to include the Renewal Term. The Renewal Option is personal to Tenant and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse inapplicable and remedy) by giving written notice to the other Party, null and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, void if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from assigns its interest under this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Office Lease (EVO Transportation & Energy Services, Inc.)

Option to Extend Term. Provided that Tenant is not then in Default, A. Tenant shall have and is hereby granted the option ("Option") to further extend the term of this Lease upon the following terms and conditions: Term hereof for one (a1) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a additional period of five (5) years. years commencing on the date immediately following the Extension Term Expiration Date (b) In the event Tenant elects to exercise an Option under Section 45 (a“Second Extension Term”), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option provided that: (which termination shall be either Parties sole recourse and remedyi) by giving Tenant delivers written notice (the “Second Extension Notice”) to Landlord, on the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. which is twelve (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (912) months prior to the end Extension Term Expiration Date, time being of the expiration essence, of Tenant’s irrevocable election to exercise such extension option, time being of the initial term essence; (ii) no Event of this Default has occurred during the Extension Term and no event exists at the time of the exercise of such option or arises subsequent thereto, which event by notice and/or the passage of time would constitute an Event of Default if not cured within the applicable cure period; and (iii) Tenant has not assigned its interest in the Lease (except to a Related Entity) or any prior extension thereofsublet more than thirty percent (30%) of the Premises (except to a Related Entity). B. All terms and conditions of the Lease, including without limitation all provisions governing the payment of Additional Rent and annual increases in Annual Fixed Rent, shall remain in full force and effect during the Second Extension Term, except that (i) Annual Fixed Rent (on a per rentable square foot basis) payable during the Second Extension Period shall equal the then-current Fair Market Rental Rate (hereinafter defined) at the time of the commencement of the Second Extension Period; (ii) Landlord shall provide a “market” improvement allowance, rental abatement and other tenant concessions

Appears in 1 contract

Sources: Sublease Agreement (K12 Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the term --------------------- of this Lease Lease, at the minimum rental set forth in Section 3.1(b) and (c) and otherwise upon all the following terms and conditions: (a) Tenant shall have provisions set forth herein with respect to the initial term of this Lease, for up to two (2) consecutive options to extend the term of this Lease each for a period additional periods of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a)years each, the Lease terms 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 the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of 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 like written notice to Landlord at least nine (9) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder on the date of such notice or on the date any extended term is to commence, then the 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 or any prior shall be construed to include the extension thereofterm(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

Sources: Build to Suit Lease (Tularik Inc)

Option to Extend Term. Provided that Tenant is not then in Defaultgiven the option to extend the Term of this Lease for a five (5) year period ("extended term") following expiration of the initial Term, Tenant shall have by giving written Notice of exercise of the option ("Optionoption notice") to extend the term Landlord at least six (6) months but not more than one (1) year before the expiration of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the Term. The same terms and conditions as applied during the initial Term of this Lease shall apply to the extended term except that (i) the Minimum Monthly Rent shall be adjusted at the commencement of the extended term as specified below and annually thereafter pursuant to the Index set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either PartySection 1.11(a) hereof, however, may elect in no event shall such annual increases be less than five percent (5%) nor more than seven percent (7%) over the Minimum Monthly Rent then in effect (as increased pursuant to terminate the Option last adjustment), and (which termination ii) there shall be either Parties sole recourse and remedy) by no further right or option to extend. Provided, however, that if Tenant is in default on the date of giving written the option notice, the option notice to the other Party, and the Option shall be of no further force totally ineffective, or effect even after Tenant's due if Tenant is in default on the date the extended term is to commence, the extended term shall not commence and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option shall expire at least nine (9) months prior to the end of the expiration of the initial term term. Tenant's Lease Option is personal to Tenant and shall automatically terminate upon any "Transfer" of this Lease requiring Landlord's Consent, as defined in Section 15.1, or any prior extension thereofif the use of the Premises is changed from that set forth in Section 1.8.

Appears in 1 contract

Sources: Standard Shopping Center Lease (California Independent Bancorp)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant Lessee shall have the option ("Extension Option") to extend the term of this Lease upon Term, as to not less then the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each entire Premises, for a period (the "Option Period") of five (5) years. (b) In years commencing upon the event Tenant elects to exercise an Option under Section 45 (a), date the Lease terms shall be Term would otherwise expire, upon the same terms and conditions previously applicable, except for the grant of the Extension Option, the Landlord's Work provisions set forth in Exhibit B (which shall no longer be executory) and Rent (which shall be determined as set forth below. The Extension Option may be validly exercised only by notice in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon writing ("Option Notice") received by Landlord not earlier than twelve (12) months, and Tenant. Either Partynot later than nine (9) months, prior to commencement of the Option Period; provided, however, may elect to terminate in the event Lessee is in default of the Lease at any time from the date of the Option (Notice through the date on which termination shall be either Parties sole recourse the Option Period commences, then at Lessor's election and remedy) by giving upon written notice by Lessor to Lessee, Lessee's exercise of the other Party, Extension Option may be voided by Lessor and Lessee shall thereafter have no rights hereunder to extent the Term through the Option Period. If Lessee does not exercise the Extension Option during the exercise period set forth above in strict accordance with the provisions hereof, the Extension Option shall forever terminate and be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Renteffect. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Lease Agreement (Learningstar Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the term of this Lease Lease, at the minimum rental set forth in Section 3.1(b) and (c) and otherwise upon all the following terms and conditions: (a) Tenant shall have provisions set forth herein with respect to the initial term of this Lease, for up to two (2) consecutive options to extend the term of this Lease each for a period additional periods of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a)years each, the Lease terms 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 the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of 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 like written notice to Landlord at least nine (9) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder on the date of such notice or on the date any extended term is to commence, then the 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 or any prior shall be construed to include the extension thereofterm(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

Sources: Sublease (Macrogenics Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant A. Lessee shall have the option ("Option") to extend the term of on all the provisions contained in this Lease upon for one (1) two (2)-year period (“extended term”) at an adjusted rental calculated as provided in Subparagraph B below on the following terms and conditionscondition that: (a) Tenant shall have two (2) consecutive options Lessee has given to extend the term of this Lease each for a period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord Lessor written notice of its election to exercise the Option of that option (“option notice”) at least nine (9) but no more than twelve (12) months prior to the end of the before expiration of the initial term or extended term(s), as the case may be. (b) Lessee is not in default in the performance of any of the terms and conditions of the Lease on the date of giving the option notice, and Lessee is not in default on the date that the extended term is to commence. B. The rent during the Extended Term shall be 95% of the fair market monthly rent (“Fair Market Rent”) for the Premises as of the commencement date of the Extended Term, as determined by the agreement of the parties or, if the parties cannot agree within sixty (60) days prior to the commencement of such Extended Term, then by determination by commercial real estate brokers as set forth in Exhibit C to this Lease . In determining the Fair Market Rent, the parties (and in the absence of their agreement, the brokers) shall determine the Fair Market Rent by taking into consideration the rents being charged at the time such determination is to be made for similar space in similar properties in the Los Gatos area pursuant to leases with terms and provisions substantially similar to those contained in this Lease. All other terms and conditions contained in the Lease, as the same may be amended from time to time by the parties in accordance with the provisions of the Lease, shall remain in full force and effect and shall apply during the Extended Term. C. The option to extend shall be personal to Lessee, and shall not be transferable or assignable to any prior extension thereofother person or entity other than a any transferee under an “exempt sublet”, as such term is defined in Article 21.

Appears in 1 contract

Sources: Lease Agreement (Opnext Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the term of this Lease Lease, at the minimum rental prescribed in Section 3.1(b) and otherwise upon all the following terms and conditions: (a) Tenant shall have provisions set forth herein with respect to the initial term of this Lease, for up to two (2) consecutive options to extend the term of this Lease each for a period additional periods of five (5) years. (b) In years each. The first option period shall commence upon the event Tenant elects expiration of the initial term hereof, and the second option period, if applicable, shall commence upon the expiration of the first extended term, if any. Exercise of such option with respect to exercise an Option under Section 45 (a), the Lease terms first such extended term shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of 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 like written notice to Landlord at least nine (9) 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 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 or any prior shall be construed to include the extension thereofterm(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

Sources: Master Lease Agreement (Genentech Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have hereby granted the option ("Option") to extend the term of this Lease for one (1) additional period of five (5) years (the "extended term"; as used in this Lease, "term" shall include the extended term, if applicable, unless the context clearly indicates otherwise) upon all the terms and conditions of this Lease, subject to the following terms terms, conditions and conditionsexceptions: (a) Tenant shall have two (2) consecutive options notify Landlord in writing of Tenant's election to extend the term of this Lease each for a period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months but no more than fifteen (15) months prior to the expiration of the then existing term. (b) If this Lease is terminated at any time, the option to extend shall also be terminated. (c) If Tenant is in default under any of the terms and conditions of this Lease beyond any applicable notice and cure period on the date of giving written notice of exercise of such option or on the day preceding the first day of the extended term, at Landlord's option the notice shall be null and void, the extended term shall not commence and this Lease shall expire at the end of the expiration original term. (d) The Guaranteed Minimum Monthly Rental in effect as of commencement of the initial extended term shall be adjusted to ninety five percent (95%) of this Lease or any prior extension thereof.the then fair market rental value (as determined below) of the demised premises. If Landlord and Tenant

Appears in 1 contract

Sources: Lease Agreement (Wet Seal Inc)

Option to Extend Term. Provided that If the Tenant is not then duly and regularly pays the rent, plus GST, and performs each and every one of the covenants in Defaultthe Lease to be performed and observed by the Tenant, the Tenant shall have the one option ("Option") to extend the term Term of this the Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period further term of five (5) years. years (b) In the event Tenant elects to exercise an Option under Section 45 (a"Extended Term"), such option to be exercised on not less than four (4) months' and not more than twelve (12) months' written notice prior to the Lease terms expiration of the Term failing which such option shall be null and void and incapable of exercise. If the Tenant exercises the option to extend the Term, the Extended Term shall be on the same terms and conditions as set forth in this the initial Term of the Lease except for Basic Rent, any free rent allowance, fixturing period, tenant improvement allowance or other incentive given to the Tenant during the initial Term, and except for this option to extend. The Basic Rent payable by the Tenant during the Extended Term shall be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencing of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but shall in any event not be less than the Basic Annual Rent, which shall be equal to Rental paid during the then current fair market rent as shall be mutually agreed upon by last year of the initial Term of the Lease. If the Landlord and Tenant. Either Party, however, may elect the Tenant are unable to terminate agree on the Option Basic Rent for the Extended Term within three (which termination shall be either Parties sole recourse and remedy3) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new termExtended Term, Landlord and Tenant are unable in good faith the matter shall be determined by a single arbitrator pursuant to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) provisions of the Demised PremisesCommercial Arbitration Act and in accordance with the foregoing provisions. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Virtualsellers Com Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option ("Option") to extend the term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive separate options to extend the then term of this Lease each for a period of an additional five (5) years. year period (bi.e., for a total, if both such options are exercised as provided herein, of ten successive years beyond the Original Term) In the event Tenant elects (each five year period being referred to herein as an "Extended Term"), provided (i) to exercise an Option under Section 45 (a)each such option, the Lease terms Tenant shall be the same terms and conditions as set forth give notice in this Lease except for the Basic Annual Rent, which shall be equal writing to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely its exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. twelve (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (912) months prior to the end of the expiration of the initial term Original Term or the first Extended Term, as the case may be (the "Exercise Date"), (ii) no default continuing beyond any applicable notice, grace or cure period in the obligations of Tenant under this Lease shall exist at the time each such notice is given (and all such defaults shall be fully corrected or cured, as may be applicable, within the applicable period of grace and all interest and other costs due, if any, to Landlord in connection therewith shall be paid in full within such period of grace), and (iii) at the time such option is exercised Tenant is in occupancy of the entire Premises then demised hereunder (except to the extent that such occupancy is prevented by Casualty or Taking, and except for any assignments, transfers, mortgages, pledges, encumbrances or sublettings permitted by this Lease or otherwise consented to by Landlord). All of the terms and provisions of this Lease shall be applicable during each such Extended Term except that (i) Tenant shall have no option to extend the Term of this Lease beyond the second Extended Term and (ii) the Annual Fixed Rental Rate for each Extended Term shall be adjusted in accordance with Section 2.5. The word "Term" or "term" as used herein shall mean the Original Term, plus any prior extension thereofof the Extended Terms as to which Tenant shall have exercised its option under this Section 2.2.

Appears in 1 contract

Sources: Lease (Arqule Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(c) and (d) (as applicable) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (2) additional periods of five (5) years each, the first commencing upon the expiration of the initial term hereof and the second 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 nine (9) months and not more than twelve (12) 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 like written notice to Landlord at least nine (9) months and not more than twelve (12) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder, beyond any applicable notice and cure periods, on the date of such notice or on the date any extended term is to commence, then the exercise of the option shall be of no force or effect, the 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 "Option"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 upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Build to Suit Lease (Rigel Pharmaceuticals Inc)

Option to Extend Term. Provided that Landlord hereby grants to Tenant is not then in Default, Tenant shall have the option ("the “Option") to extend the term of this Lease upon initial Term (the following terms and conditions: (a“Initial Term”) Tenant shall have for two (2) consecutive options to extend the term of this Lease each for a period periods of five (5) years. years each (b) In the event Tenant elects to exercise an Option under Section 45 (aTerm”), upon and, subject to the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which Section 53. The Option shall be equal to the then current fair market rent as shall be mutually agreed upon exercised, if at all, by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to Landlord on or before the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if date that is six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (96) months prior to the end Expiration Date of the expiration Initial Term or termination of the initial term first option period, as the case may be. In the event Tenant exercises the Option, each of the terms, covenants and conditions of this Lease shall apply during the applicable Option Term as though the Expiration Date of the Option Term was the date originally set forth herein as the Expiration Date of the Initial Term, except that the Rent to be paid during the Option Term shall be increased as set forth in Section 1.5. Anything contained herein to the contrary notwithstanding, if Tenant is in material default under any of the terms, covenants or conditions of this Lease either at the time Tenant exercises the Option or at any time thereafter prior extension thereof.to the Commencement Date of the Option Term, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the Expiration Date of this Lease shall be and remain the Expiration Date of the Initial Term. <Initials> 17 <Initials>

Appears in 1 contract

Sources: Commercial Lease (Nara Bancorp Inc)

Option to Extend Term. Provided that Tenant is not then in Default, Tenant shall have the option to extend the term of this Lease, at the minimum rental set forth in Section 3.1(d) and (e) and otherwise upon all the terms and provisions set forth herein with respect to the initial term of this Lease, for up to two (2) additional periods of five (5) years each, commencing upon expiration of the initial term hereof. Exercise of such option with respect to the first such extended term shall be by written notice to Landlord at least six (6) 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 extended term, if the first extension option has been duly exercised, shall be by like written notice to Landlord at least six (6) months and not more than eight (8) months prior to the expiration of the first extended term hereof. If Tenant is in default hereunder on the date of such notice or on the date any extended term is to commence, then the 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 2.7) to the "Option"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 2.7, Tenant shall have no right to extend the term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options to extend the term of this Lease each for a period of five (5) yearsbeyond its prescribed term. (b) In the event Tenant elects to exercise an Option under Section 45 (a), the Lease terms shall be the same terms and conditions as set forth in this Lease except for the Basic Annual Rent, which shall be equal to the then current fair market rent as shall be mutually agreed upon by Landlord and Tenant. Either Party, however, may elect to terminate the Option (which termination shall be either Parties sole recourse and remedy) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new term, Landlord and Tenant are unable in good faith to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) of the Demised Premises. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Lease Agreement (Ribogene Inc / Ca/)

Option to Extend Term. Provided that If the Tenant is not then duly and regularly pays the rent, plus GST, and performs each and every one of the covenants in Defaultthe Lease to be performed and observed by the Tenant, the Tenant shall have the one option ("Option") to extend the Term of the Lease for a further term of this Lease upon the following terms and conditions: (a) Tenant shall have two (2) consecutive options years (the "Extended Term"), such option to be exercised on not less than six (6) months' and not more than twelve (12) months' written notice prior to the expiration of the Term failing which such option shall be null and void and incapable of exercise. If the Tenant exercises the option to extend the term of this Lease each for a period of five (5) years. (b) In the event Tenant elects to exercise an Option under Section 45 (a)Term, the Lease terms Extended Term shall be on the same terms and conditions as set forth in this the initial Term of the Lease except for Basic Rent, and any incentive given to the Tenant during the initial Term, and except for this option to extend. The Basic Rent payable by the Tenant during the Extended Term shall be negotiated and agreed upon between the Landlord and the Tenant based on the prevailing fair market Basic Rent as at the commencement of the Extended Term for similarly improved premises of similar size, quality, use and location in buildings similar to the Building, but shall in any event not be less than the Basic Annual Rent, which shall be equal to Rental paid during the then current fair market rent as shall be mutually agreed upon by last year of the initial Term of the Lease. If the Landlord and Tenant. Either Party, however, may elect the Tenant are unable to terminate agree on the Option Basic Rent for the Extended Term within three (which termination shall be either Parties sole recourse and remedy3) by giving written notice to the other Party, and the Option shall be of no further force or effect even after Tenant's due and timely exercise of an Option, if six months prior to the commencement date of the new termExtended Term, Landlord and Tenant are unable in good faith the matter shall be determined by a single arbitrator pursuant to agree, in their respective sole discretion, upon a mutually satisfactory Basic Annual Rent. (c) The Option herein granted is not assignable separate and apart from this Lease. (d) The Option herein granted is for Tenant to extend the Lease for all (and not less than all) provisions of the Demised PremisesCOMMERCIAL ARBITRATION ACT and in accordance with the foregoing provisions. (e) The Option is conditional upon Tenant giving Landlord written notice of its election to exercise the Option at least nine (9) months prior to the end of the expiration of the initial term of this Lease or any prior extension thereof.

Appears in 1 contract

Sources: Office Lease Agreement (Ima Exploration Inc)