Common use of Option to Extend Term Clause in Contracts

Option to Extend Term. Provided Tenant is not in default in any of the terms, conditions or covenants of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one (1) five (5) year term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on the same terms and conditions as contained in this Lease, except that Base Rental shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor in good faith to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal terms.

Option to Extend Term. Provided a. If Tenant is not in default in any under the Lease at the time of the terms, conditions or covenants exercise of this Lease either on the date Tenant gives Landlord the renewal notice required herein option or at the end commencement of the initial extended Term, Tenant may extend the Term for 1 extension terms of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one (1) five (5) year term. Such option to renew must be exercised 5 years by giving written Landlord an extension notice to Landlord at least one hundred eighty (180) days 6 months, but not more than 9 months, prior to the termination of Expiration Date (the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by TenantExtension Notice Period). If Tenant elects to exercise such renewal optiongives a valid extension notice during the Extension Notice Period that is not then revoked as specified below, then such renewal term Landlord shall be on prepare, and Landlord and Tenant shall execute and deliver, an amendment to this Lease to reflect the extension of the Term for 5 years upon the same terms and conditions as contained in this Lease, except that Base Rental the Rent and other applicable terms shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor in good faith to agree adjusted based on the Base Rent for the Extension Term within sixty Market Rate (60defined below) days and, unless Landlord and Tenant otherwise agree in writing, prior to the applicable renewal datecommencement of the extended Term, Tenant shall have no further option to extend the Term after the option is exercised. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraisergive an extension notice during the Extension Notice Period, and such failure continues thereafter for another ten (10) then this option expires automatically on the next day after the last day of the Extension Notice Period. Landlord is not required to give Tenant notice of the beginning or end of the Extension Notice Period. b. Within 30 days after Landlord receives Tenant’s extension notice, Landlord shall deliver a second written notice from to Tenant specifying the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased PremisesMarket Rate. If two (2) licensed appraisers are appointed pursuant Tenant does not approve Landlord’s designation of Market Rate, then Tenant, as its sole remedy, may revoke its exercise notice by delivering a revocation notice to this paragraphLandlord within 20 days after Tenant’s receipt of Landlord’s notice specifying the Market Rate, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premisesbut otherwise Tenant may not revoke its extension notice. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointedTenant gives a timely revocation notice, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) Tenant has no further rights under this Paragraph and the third appraiser shall select one of Term ends on the two submitted appraisal amounts, without any modificationinitial Expiration Date. The term Market Rate means the Rent and other applicable terms that Landlord quotes for space similar to the Premises for a 5-year term during the same period, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected determined by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsits reasonable discretion.

Option to Extend Term. Provided 40.1 Landlord grants to Tenant is not in default in any of the terms, conditions or covenants right to extend the term of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one two (12) separate five (5) year term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on periods under the same terms and conditions existing in the original Lease except as contained set forth in this Article 40. Tenant shall exercise such right to extend the term of this Lease by written notice to Landlord given no earlier than twelve (12) and no later than nine (9) months prior to the end of the original term or the first extension term of this Lease, except that Base Rental as the case may be. The second extension option shall lapse and have no further force or effect if the first extension option is not exercised, and there shall be no right to extend the then prevailing term beyond said two (2) extension periods. 40.2 Basic Annual Rent shall be adjusted on the first day of each extension term to the fair market rent for comparable office buildings in rental value of the St. Louis, Missouri marketPremises as of the commencement of the extension term. The “then prevailing market rent for comparable office buildings in Notwithstanding the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant mattersforegoing, the use permitted under Basic Annual Rent on the Lease, first day of each extension term shall not be less than the quality, size, design and location Basic Annual Rent of the Leased Premises last year of the preceding term. 40.3 Landlord and the rental rates for similar space in the St. Louis metropolitan market area. The parties Tenant shall endeavor attempt in good faith to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member fair market rental value of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent as of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent commencement of the Leased Premises. If two (2) licensed appraisers are appointed pursuant to this paragraphextension term, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (30) days after Tenant shall have exercised its right to extend the term. If the parties do not agree within such thirty (30) day period, Landlord shall obtain within thirty (30) days at its expense and deliver to Tenant an independent appraisal of the fair market rental value of the Premises as of the commencement of the extension term. Following its receipt of Landlord's appraisal, Tenant may elect to obtain within thirty (30) days thereafter at its expense and deliver to Landlord a second licensed appraiser has been appointedindependent appraisal of the fair market rental value of the Premises as of the commencement of the extension term. If Tenant elects not to obtain a second appraisal, then each party or its appraiser Landlord's appraisal shall submit its be conclusive. If Tenant's appraisal for is no more than five percent (5%) less than Landlord's appraisal, the then prevailing fair market rent to a third appraiser (selected in rental value of the manner set forth below) and Premises shall be the third appraiser shall select one arithmetic average of the two submitted appraisals. If Tenant's appraisal amountsis more than five percent (5%) less than Landlord's appraisal, without any modification, as the then prevailing two appraisers shall appoint a third independent appraiser to appraise the fair market rent. The third appraiser, who must meet all rental value of the minimum licensing Premises as of the commencement of the extension term, and experience criteria set forth above, the fair market rental value of the Premises shall be selected by the first arithmetic average of the two appraisersappraisals closest in their determination of fair market rental value. Landlord and Tenant each shall bear equally the cost expense of their own licensed the third appraiser. 40.4 All appraisers appointed hereunder shall have at least ten (10) years' experience in the appraisal of commercial and industrial real property in the general area of the Premises, and shall split equally be members of professional organizations such as the cost American Appraisal Institute with a designation of appointing MAI or equivalent. 40.5 As used herein, the third licensed appraiser, if necessary. If the determination term "fair market rental value of the then prevailing market Premises" shall mean the base rent that a ready and willing tenant would pay for similarly improved space in the general area of the Leased Premises, as of the commencement of each extension term, to a ready and willing landlord, for a term of five (5) years on the terms and conditions of the Lease, determined as if the Premises were exposed for lease on the open market for a reasonable period of time and taking into account all of the purposes for which such property may be used. Any appraiser appointed hereunder to determine the "fair market rental value of the Premises" shall take into account all of the other terms and conditions of this Lease, including, without limitation, that this Lease provides for the Basic Annual Rent to increase annually by three and one-half percent (3 1/2%) during each extension term. 40.6 Any increase in Basic Annual Rent under this Article 40 which is not completed prior determined until after the effective date of the increase shall nevertheless be retroactive to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal effective date, and Tenant shall pay any such retroactive increase with the parties shall promptly account for any rent differential upon determination installment of Rent next due. 40.7 Basic Annual Rent during each extension period as determined under this Article 40 (and as previously increased each year of the then prevailing market rent extension term pursuant to this Section 40.7) shall be increased on the annual anniversary of the Lease PremisesRent Commencement Date each year of each extension term by three and one-half percent (3 1/2%). All other terms For example, the first such increase shall become effective commencing with that monthly rental installment which is first due on or after the thirteenth (13th) anniversary of the Term Commencement Date and the next increase shall become effective on or after the fourteenth (14th) anniversary of the Term Commencement Date. 40.8 Tenant shall not have the right to exercise the option to extend the term, notwithstanding anything set forth above to the contrary: (a) during the time commencing from the date Landlord gives to Tenant a written notice that Tenant is in default under any provision of this Lease shall remain and continuing until the same. As used throughout this Lease, any reference default alleged in said notice is cured; (b) during the period of time commencing on the day after a monetary obligation to the “lease term”, “term”, or “term of this Lease” shall also include any Landlord is due from Tenant and all renewal terms.unpaid

Option to Extend Term. Provided Tenant is not in default in any of the terms, conditions or covenants of this Lease either on the date Tenant gives 40.1 Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option the right to renew extend the term of this Lease for one (1) five three (53) year term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on period under the same terms and conditions existing in the original Lease except as contained set forth in this Article 40. Tenant shall exercise such right to extend the term of this Lease by written notice to Landlord given no later than nine (9) months prior to the end of the initial term. 40.2 Basic Annual Rent shall be adjusted on the first day of the extension term to the fair market rental value of the Premises as of the commencement of the extension term. 40.3 Landlord shall obtain at its expense and deliver to Tenant an independent appraisal of the fair market rental value of the Premises as of the commencement of the extension term. Following its receipt of Landlord’s appraisal, Tenant may elect to obtain at its expense and deliver to Landlord a second independent appraisal of the fair market rental value of the Premises as of the commencement of the extension term. If Tenant elects not to obtain a second appraisal, Landlord’s appraisal shall be conclusive. If Tenant’s appraisal is no more than five percent (5%) less than Landlord’s appraisal, the fair market rental value of the Premises shall be the arithmetic average of the two appraisals. If Tenant’s appraisal is more than five percent (5%) less than Landlord’s appraisal, the two appraisers shall appoint a third independent appraiser to appraise the fair market rental value of the Premises as of the commencement of the extension term, and the fair market rental value of the Premises shall be the arithmetic average of the two appraisals closest in their determination of fair market rental value. Landlord and Tenant shall bear equally the expense of the third appraiser. 40.4 All appraisers appointed hereunder shall have at least ten (10) years’ experience in the appraisal of commercial and industrial real property in the UTC area of San Diego, and shall be members of professional organizations such as the American Appraisal Institute with a designation of MAI or equivalent. 40.5 As used herein, the term “fair market rental value of the Premises” shall mean the base rent that a ready and willing tenant would pay for similarly improved space in the UTC area of San Diego, as of the commencement of the extension term, to a ready and willing landlord, for a term of three (3) years on the terms and conditions of the Lease, determined as if the Premises were exposed for lease on the open market for a reasonable period of time and taking into account all of the purposes for which such property may be used. Any appraiser appointed hereunder to determine the “fair market rental value of the Premises” shall take into account all of the other terms and conditions of this Lease, except including, without limitation, that Base Rental this Lease provides for the Basic Annual Rent to increase annually by three percent (3%) during the extension term. 40.6 Any increase in Basic Annual Rent under this Article 40 which is not determined until after the effective date of the increase shall nevertheless be retroactive to the effective date, and Tenant shall pay any such retroactive increase with the installment of Rent next due. 40.7 Basic Annual Rent during the extension period as determined under this Article 40 shall be increased on the then prevailing market rent annual anniversary of the Rent Commencement Date each year of the extension term by three percent (3%). 40.8 Tenant shall not have the right to exercise its option to extend the term, notwithstanding anything set forth above to the contrary: (a) during the time commencing from the date Landlord gives to Tenant a written notice that Tenant is in default under any provision of this Lease and continuing until the default alleged in said notice is cured; (b) during the period of time commencing on the day after a monetary obligation to Landlord is due from Tenant and unpaid without any necessity for comparable office buildings in notice thereof to Tenant and continuing until the St. Louis, Missouri marketobligation is paid; or (c) after the expiration or earlier termination of this Lease. The “then prevailing market rent for comparable office buildings in period of time within which the St. Louisoption to extend may be exercised shall not be extended or enlarged by reason of the Tenant’s inability to exercise the option because of the foregoing provisions. At the election of Landlord, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted all rights of Tenant under the Leaseprovisions of this Article 40 shall terminate and be of no further force or effect even after Tenant’s due and timely exercise of an option to extend if, after such exercise, but prior to the quality, size, design and location commencement of the Leased Premises and the rental rates extension term, (1) Tenant fails to pay to Landlord a monetary obligation of Tenant for similar space in the St. Louis metropolitan market area. The parties shall endeavor in good faith to agree on the Base Rent for the Extension Term within a period of sixty (60) days prior after such obligation becomes due (without necessity of Landlord to the applicable renewal date. If Landlord and Tenant are unable give notice to agree on the Base Rent for the Extension Term by such dateTenant), then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant Tenant fails to this paragraph, they shall meet promptly and attempt commence to set the then prevailing market rent of the Leased Premises. If they are unable to agree cure a non-monetary default within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent date Landlord gives notice to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one Tenant of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termssuch default.

Option to Extend Term. Provided a. Tenant is not in default in any shall have the option to extend the term of the terms, conditions or covenants of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease for one (1) a period of five (5) year termyears (the "Option Period") from January 1, 2007 to December 31, 2011 subject to the following conditions: i. At the time the option is exercised and as of the commencement of the Option Period, the Lease shall be in full force and effect, Tenant shall not be in default thereunder and Tenant shall not have assigned the Lease or sublet the premises; and ii. Such The option to renew extend the term must be exercised exercised, if at all, by giving written notice given to Landlord at least one hundred eighty (180) days prior to not earlier than January 1, 2006 or no later than March 31, 2006. b. In the termination event the option is timely and effectively exercised the term of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term Lease shall be on extended for the same Option Period upon all of the terms and conditions as contained in this of the Lease; provided, except that however, the monthly Base Rental Rent during the Option Period shall be the then prevailing fair market rent of the premises, but in no event less than the Base Rent for December 2006. Determination of the fair market rent shall be as follows: i. For the purposes hereof, the fair market rent of the premises during the option. Shall be the product of the monthly rental rate per square foot of rentable area then prevailing for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan City of Alameda that is then being offered for lease to prospective tenants multiplied by the rentable area of the premises. Fair market arearent may include periodic increases. The Within 30 days prior to commencement of the Option Period, Landlord shall provide Tenant with Landlord's determination of fair market rent. Tenant may dispute Landlord's determination of fair market rent by notice given to Landlord within 15 days after Landlord's determination is given to Tenant and Landlord and the parties shall endeavor then negotiate in good faith to agree on resolve the Base Rent for dispute. If such dispute is not resolved by negotiation between the Extension Term parties within sixty (60) days 30 days, then fair market rent shall be determined by appraisal. If Tenant does not timely dispute Landlord's determination, then the amount determined by Landlord shall be the fair market rent. If fair market rent has not been determined prior to the applicable renewal date. If Landlord and commencement of the Option Period, Tenant are unable to agree on the shall pay monthly Base Rent for when due based upon Landlord's determination of fair market rent, subject to retroactive adjustment between the Extension Term parties if the determination by such date, then the Base Rent shall appraisal is different from Landlord's determination. ii. When fair market rent is to be determined as hereinafter provided. Within thirty (by appraisal, within 10 days after the expiration of the 30) days prior to the renewal date-day negotiation period, Landlord and Tenant shall each shall appoint as an appraiser, a licensed real estate appraiser (who shall be a member with at least ten years of the American Institute of Real Estate Appraisers) with experience in appraising commercial real property in Alameda County, and give notice of such appointment to the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premisesother. If either Landlord or Tenant does not shall fail to appoint a licensed an appraiser within 10 days after receiving notice of the identity of the other party's appointed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, then the single licensed appraiser appointed shall be the sole licensed appraiser and shall set determine the then prevailing fair market rent of the Leased Premisespremises. In the event each party appoints an appraiser, such appraisers shall, within 30 days after the appointment of the last of them to be appointed, complete their determinations of fair market rent and furnish the same to Landlord and Tenant. If the low appraisal varies from the higher appraisal by 5% of the lower appraisal, or less, the fair market rent shall be the average of the two (2) licensed valuations. If the low appraisal varies from the high appraisal by more than 5%, the two appraisers are appointed pursuant to shall, within 10 days after submission of the last appraisal report, appoint a third appraiser who shall meet the qualifications set forth in this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are the two appraisers shall be unable to agree within on the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to selection of a third appraiser (selected in a timely manner then either Landlord or Tenant may request such appointment by the manner set forth below) and the third appraiser shall select one presiding judge of the two submitted appraisal amounts, without any modification, as the then prevailing market rentSuperior Court of Alameda County. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth abovehowever selected, shall be a person who has not previously acted in any capacity for or against either party. Such third appraiser shall, within 30 days after appointment, make a determination of fair market rent and said third appraiser shall select the opinion of fair market rent as determined by the one appraisal, completed by the two appraisers, which most closely matches the third appraiser's opinion of fair market rent. The fair market rent for the premises shall be the fair market rent selected by the first two appraiserssaid third appraiser. Landlord All fees and Tenant each shall bear the cost costs of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If appraiser in connection with the determination of the then prevailing fair market rent by appraisal shall be paid one-half by Landlord and one-half by Tenant. Prior to the commencement of the Leased Premises Option Period or if an appraisal is not completed prior to the renewal daterequired, as soon thereafter as is practical, Tenant and Landlord shall continue execute an amendment to pay this Lease setting forth the monthly Base Rent at amounts during the rate in effect immediately prior to the renewal date, Option Period and the parties shall promptly account revised date for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsexpiration.

Option to Extend Term. Provided In the event that Tenant is not in default in any negotiating to renew the Lease, and the Rent Per Square Foot for the first year of the terms, conditions or covenants of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end Renewal Period is determined pursuant to Section 35 of the initial Term of this Lease, Landlord hereby grants to then Tenant an option to renew this Lease for one (1) shall notify Subtenant in writing of such determination within five (5) year termbusiness days after the Rent Per Square Foot is determined (the “Renewal Notice”). Such option to renew must be exercised by giving The Renewal Notice shall also set forth the Rent Per Square Foot. By written notice to Landlord at least one hundred eighty Tenant within ten (18010) business days prior to after Subtenant receives the termination of Renewal Notice, Subtenant shall irrevocably notify Tenant whether or not Subtenant will extend the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If for the Renewal Period in the event Tenant elects to exercise such renewal optionextend the term of the Lease for the Renewal Period (it being expressly agreed that Subtenant’s mere election to so extend the Term for the Renewal Period shall not in and of itself obligate Tenant to extend the term of the Lease for the Renewal Period). If Subtenant irrevocably notifies Tenant in a timely manner that Subtenant will extend the Term for the Renewal Period, and Tenant in fact elects to extend the term of the Lease for the Renewal Period, then such renewal so long as Tenant notifies Subtenant in writing of Tenant’s agreement with Landlord to extend the term shall be on of the same terms and conditions as contained in this Lease, except that Base Rental shall be the then prevailing market rent for comparable office buildings in the St. Louis, Missouri market. The “then prevailing market rent for comparable office buildings in the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent Lease for the Extension Term, taking into consideration, among other relevant matters, Renewal Period on or before the use permitted under later of (a) the date that is forty (40) days after the date on which Tenant provided Subtenant with the Renewal Notice and (b) the date that is three hundred fifty-five (355) days before the expiration of the Initial Term of the Lease, the quality, size, design and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties Term shall endeavor in good faith to agree on the Base Rent be extended for the Extension Renewal Term within sixty on all the terms and conditions set forth in this Sublease (60) days prior to as the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such dateSublease Rent, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal datedefined, Landlord and Tenant each shall appoint a licensed real estate appraiser (who shall may be a member of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two (2) licensed appraisers are appointed pursuant to this paragraph, they shall meet promptly and attempt to set the then prevailing market rent of the Leased Premises. If they are unable to agree within the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner adjusted as set forth below) and in Section 2.1 below to reflect the third appraiser shall select one of “Basic Rent” under the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall continue to pay Base Rent at the rate Lease in effect immediately prior to during the renewal date, and the parties shall promptly account for any rent differential upon determination of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsRenewal Period).

Option to Extend Term. Provided Tenant is not in default in any of the terms, conditions or covenants of this Lease either on the date Tenant gives 40.1 Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option the right to renew extend the term of this Lease for one (1) five (5) year term. Such option to renew must be exercised by giving written notice to Landlord at least one hundred eighty (180) days prior to the termination of the initial Term of this Lease, and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal option, then such renewal term shall be on period under the same terms and conditions existing in the original Lease except as contained set forth in this Lease, except that Base Rental Article 40. Tenant shall exercise such right to extend the term of this Lease by written notice to Landlord given no later than nine (9) months prior to the end of the original term. 40.2 Basic Annual Rent shall be adjusted on the first day of the extension term to ninety five percent (95%) of the fair market rental value of the Premises as of the commencement of the extension term, but in no event shall the adjusted Basic Annual Rent be less than the Basic Annual Rent for the final year of the original term. 40.3 Within thirty (30) days after Tenant's exercise of the option, Landlord shall obtain at its expense and deliver to Tenant an independent appraisal of the fair market rental value of the Premises as of the commencement of the extension term. Following its receipt of Landlord's appraisal, Tenant may elect to obtain at its expense and deliver to Landlord a second independent appraisal of the fair market rental value of the Premises as of the commencement of the extension term. If Tenant elects not to obtain a second appraisal, Landlord's appraisal shall be conclusive. If Tenant's appraisal is less than Landlord's appraisal, the two appraisers shall appoint a third independent appraiser within ten (10) days after delivery of Tenant's appraisal to appraise the fair market rental value of the Premises as of the commencement of the extension term. If the two appraisers fail to select a third qualified appraiser, the third appraiser shall be appointed by the then prevailing market rent for comparable office buildings in presiding judge of the St. Louis, Missouri marketcounty where the Premises are located upon application by either party. The “then prevailing market rent for comparable office buildings in appraisers shall meet not later than ten (10) days following the St. Louis, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises and a new tenant under no compulsion to lease the Leased Premises would determine as rent for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design and location selection of the Leased Premises and last appraiser. At such meeting the appraisers shall attempt to determine the fair market rental rates for similar space in value as of the St. Louis metropolitan market areacommencement date of the extended term by the agreement of at least two (2) of the appraisers. The parties shall endeavor in good faith to If two (2) or more of the appraisers agree on the Base Rent for fair market rental value at the Extension Term within sixty (60) days prior to initial meeting, such agreement shall be determinative and binding upon the applicable renewal date. If 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. If multiple appraisers are selected and two (2) appraisers are unable to agree on the Base Rent for the Extension Term by such datefair market rental value, then the Base Rent all appraisers shall be determined as hereinafter provided. Within thirty (30) days prior submit to the renewal date, Landlord and Tenant each an independent appraisal of the fair market rental value in simple letter form within twenty (20) days following appointment of the final appraiser. The parties shall appoint a licensed real estate appraiser then determine the fair market rental value by averaging the appraisals; provided that any high or low appraisal, differing from the middle appraisal by more than ten percent (who 10%) of the middle appraisal, shall be a member disregarded in calculating the average. Landlord and Tenant shall bear equally the expense of the American Institute of Real Estate Appraisers) with experience in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed third appraiser, and such failure continues thereafter for another . 40.4 All appraisers appointed hereunder shall have at least ten (10) days after years' experience in the appraisal of commercial and industrial real property in Bothell, Washington and shall be members of professional organizations such as the American Appraisal Institute with a second written notice from designation of MAI or equivalent and shall not have worked for either party or the otherprincipals thereof in the three (3) year period preceding such time. 40.5 As used herein, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing term "fair market rent rental value of the Leased Premises. If two (2) licensed appraisers are appointed pursuant to this paragraph" shall mean the base rent that a ready and willing tenant would pay for similarly improved space in Bothell, they shall meet promptly and attempt to set the then prevailing market rent Washington as of the Leased Premises. If they are unable to agree within commencement of the thirty (30) days after the second licensed appraiser has been appointedextension term, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser ready and willing landlord, for a term of five (selected in 5) years on the manner set forth below) terms and the third appraiser shall select one conditions of the two submitted appraisal amountsLease, without any modification, determined as if the then prevailing Premises were exposed for lease on the open market rent. The third appraiser, who must meet for a reasonable period of time and taking into account all of the minimum licensing and experience criteria set forth above, shall purposes for which such property may be selected by used without taking into consideration any improvements to the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiserPremises made at Tenant's expense, and shall split equally the cost of appointing the third licensed appraiserincluding periodic rental increases, if necessaryany. If Any appraiser appointed hereunder to determine the determination "fair market rental value of the then prevailing market rent Premises" shall take into account all of the Leased Premises other terms and conditions of this Lease. 40.6 Any increase in Basic Annual Rent under this Article 40 which is not completed prior determined until after the effective date of the increase shall nevertheless be retroactive to the renewal date, Tenant shall continue to pay Base Rent at the rate in effect immediately prior to the renewal effective date, and Tenant shall pay any such retroactive increase with the parties installment of Rent next due. 40.7 The Basic Annual Rent for the extension term determined as set forth above shall promptly account for any rent differential upon determination be increased on each anniversary date of the then prevailing market rent commencement of the Lease Premises. All other terms of extension term in accordance with this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsSection 40.

Option to Extend Term. Provided a. Tenant shall have and is not in default in any of hereby granted the terms, conditions or covenants of this Lease either on the date Tenant gives Landlord the renewal notice required herein or at the end of the initial Term of this Lease, Landlord hereby grants to Tenant an option to renew this Lease extend the Term hereof for one (1) additional period of five (5) year term. Such option to renew must be exercised by giving years (the "Extension Period"), provided (i) Tenant gives written notice to Landlord at least one hundred eighty of Tenant's election to exercise such extension option no earlier than fifteen (180) days 15), and no later than twelve (12), months prior to the termination expiration of the initial Term last Lease Year of the Term; (ii) no Event of Default has occurred during the 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 this Lease or sublet more than twenty percent (20%) of the Premises to a person or entity other than a Permitted Transferee. b. All terms and conditions of this Lease, including without limitation all provisions governing the payment of Additional Rent and once a notice to exercise is given it is irrevocable by Tenant. If Tenant elects to exercise such renewal optionannual increases in the Annual Base Rent, then such renewal term shall remain in full force and effect during the Extension Period, except that Annual Base Rent payable during the first Lease Year of the Extension Period shall be the then-current Fair Market Rental Rate (hereinafter defined) with respect to comparable office space at the time of the commencement of the Extension Period (using a Base Year of the calendar year in which the Extension Period commences for purposes of determining Tenant's Pass-Through Costs); provided, however, in no event shall the Annual Base Rent for the first Lease Year of the Extension Period be less (on a per square foot basis) than the same terms and conditions as contained Annual Base Rent in effect for the last Lease Year of the initial Term. Landlord shall not be obligated to make, or pay for, any improvements or alterations in or to the Premises. There shall be no rental abatement during the Extension Period. As used in this Lease, except the term "Fair Market Rental Rate" shall mean the fair market rental rate per square foot of rentable area that Base Rental shall would be the then prevailing market rent agreed upon between a landlord and a tenant entering into a new lease for comparable office buildings space as to location, configuration, view and elevator exposure, size and use, in the St. Louisa comparable building as to location, Missouri market. The “then prevailing market rent for quality, reputation and age, with a comparable office buildings in the St. Louisbuild-out, Missouri rental market” means what a landlord under no compulsion to lease the Leased Premises comparable term and a new tenant under no compulsion to lease the Leased Premises would determine as rent comparable base year for the Extension Term, taking into consideration, among other relevant matters, the use permitted under the Lease, the quality, size, design operating expense and location of the Leased Premises and the rental rates for similar space in the St. Louis metropolitan market area. The parties shall endeavor in good faith to agree on the Base Rent for the Extension Term within sixty (60) days prior to the applicable renewal date. If Landlord and Tenant are unable to agree on the Base Rent for the Extension Term by such date, then the Base Rent shall be determined as hereinafter provided. Within thirty (30) days prior to the renewal date, Landlord and Tenant each shall appoint a licensed real estate appraiser tax pass-throughs assuming the following: (who shall be a member of 1) the American Institute of Real Estate Appraisers) with experience landlord and tenant are informed and well-advised and each is acting in the area in which the Leased Premises are located to determine the then prevailing market rent of the Leased Premises. If either Landlord or Tenant does not appoint a licensed appraiser, and such failure continues thereafter for another ten (10) days after a second written notice from the other, the single licensed appraiser appointed shall be the sole licensed appraiser and shall set the then prevailing market rent of the Leased Premises. If two what it considers its own best interests; (2) licensed appraisers a tenant improvement allowance, free rent periods or any other special concessions (for example, design fees, moving allowances, refurbishing allowances, etc.) will not be provided to Tenant except to the extent that such allowances or concessions are appointed pursuant to this paragraph, they reflected in the fair market rental rates being obtained (in which event the Fair Market Rental Rate shall meet promptly and attempt to set be reduced by the then prevailing market rent economic equivalent of the Leased Premises. If they are unable allowances or concessions not offered to agree within Tenant); and (3) the thirty (30) days after the second licensed appraiser has been appointed, then each party or its appraiser shall submit its appraisal for the then prevailing market rent to a third appraiser (selected in the manner set forth below) and the third appraiser shall select one of the two submitted appraisal amounts, without any modification, as the then prevailing market rent. The third appraiser, who must meet all of the minimum licensing and experience criteria set forth above, shall be selected by the first two appraisers. Landlord and Tenant each shall bear the cost of their own licensed appraiser, and shall split equally the cost of appointing the third licensed appraiser, if necessary. If the determination of the then prevailing market rent of the Leased Premises is not completed prior to the renewal date, Tenant shall tenant will continue to pay Base Rent at its share of Operating Expenses and Real Estate Taxes over a new base year (which, for Tenant, is the rate calendar year in effect immediately prior to which occurs the renewal date, and the parties shall promptly account for any rent differential upon determination first day of the then prevailing market rent of the Lease Premises. All other terms of this Lease shall remain the same. As used throughout this Lease, any reference to the “lease term”, “term”, or “term of this Lease” shall also include any and all renewal termsExtension Period).