Common use of Option to Extend Clause in Contracts

Option to Extend. Lessee shall have one option ("Extension Option") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Lease Agreement (Ansys Diagnostics Inc)

Option to Extend. Lessee shall have one Successful Respondent agrees that DIR may require continued performance under this Contract at the rates specified in this Contact following the expiration of the Initial Term or any Renewal Term. This option ("Extension Option") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only more than once, but the total extension of performance hereunder shall not exceed ninety (90) calendar days. Such extension of services shall be subject to the requirements of the Contract, with the sole and limited exception that the original date of termination shall be extended pursuant to this provision. DIR may exercise this option upon thirty (30) calendar days written notice to the Successful Respondent. SERVICE OFFERINGS Services available under this Contract are limited to the technology categories defined in Request for Offer DIR-CPO-TMP-579 for Information Technology Staff Augmentation Contract (ITSAC) Services. At DIR’s sole discretion, Successful Respondent may incorporate changes or make additions to its service offerings, provided that any changes or additions must be within the scope of the RFO. Successful Respondent shall provide one or more Workers to DIR Customers as defined in the event that Lessee is not applicable Solicitation and resulting Purchase Order in default under this Lease upon accordance with the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this LeaseContract. Successful Respondent understands that this is a non-exclusive, such FRV being determined commencing at the beginning indefinite quantity Contract. DIR makes no representations or warranties that Successful Respondent shall receive any number or volume of the month which is two (2) months prior Solicitation opportunities or Purchase Orders hereunder. PRICING Not-to-Exceed Rates Pricing to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed Customers shall be the sole appraiser as set forth in Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as limited by Appendix C ITSAC Not-to-Exceed Rates, and shall set include the FRVDIR Administrative Fee. If there are two appraisers appointed by Hourly Rates Successful Respondent’s quoted and actual hourly rates shall not exceed the parties applicable NTE Rate. Successful Respondent shall not increase its hourly rates under any Purchase Order, including any amendments or Purchase Order Change Notice (POCN) thereto, except as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)explicitly agreed upon therein.

Appears in 1 contract

Sources: Contract for Information Technology Staff Augmentation

Option to Extend. Lessee shall have one option ("Extension Option"a) to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee Provided Tenant is not in default under this the Lease upon as amended hereby (after any applicable notice and lapse of applicable cure periods) as of the date of exercise. The Extension exercise or the end of the New Premises Term, Tenant shall have one (1) option to renew the Lease as amended hereby (“Renewal Option”) for the entire Premises then leased by Tenant for one (1) period of three (3) years (“Renewal Term”), exercisable by giving written notice thereof (“Renewal Notice”) to Landlord of its exercise of the Renewal Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not no later than 6 twelve (12) months prior to the end expiration of the New Premises Term. . (b) The Base Rent payable for the Option Premises during the Renewal Term shall be adjusted to the greater of (i) the Base Rent then in effect Fair Market Rental Rate (as periodically adjusted defined in Section 8(f) below) as of the commencement of the Renewal Term (“Renewal Term Commencement Date”). Landlord shall give Tenant written notice of Landlord’s determination of the Fair Market Rental Rate for the Renewal Term (“Landlord’s Statement”) within thirty (30) days after Landlord’s receipt of the Renewal Notice (but Landlord shall not be obligated to do so earlier than twelve (12) months prior to expiration of the New Premises Term). Within fifteen (15) days after Tenant’s receipt of Landlord’s Statement (“Tenant’s Review Period”), Tenant shall give Landlord written notice of its election to either (a) accept the Fair Market Rental Rate set forth in Landlord’s Statement or (b) reject Landlord’s Statement and request that the Fair Market Rental Rate be determined by arbitration pursuant to Section 8(c); provided, however, that prior to submitting the matter to arbitration as herein provided, the parties shall first attempt in good faith to resolve their differences in the determination of the Fair Market Rental Rate for a period of thirty (30) days following Landlord’s receipt of Tenant’s notice of its rejection of Landlord’s statement. If Tenant fails to give Landlord notice of its acceptance or rejection of Landlord’s Statement by the expiration of Tenant’s Review LEGAL\45488233\8 Period, then such failure shall be deemed to be Tenant’s acceptance of the Fair Market Rental Rate set forth in Landlord’s Statement. (c) If Tenant gives Landlord notice that it elects arbitration pursuant to Section 4.18(b), or and the parties have failed to resolve their differences within the required thirty (ii30) 95% days thereafter, then, in order to determine the Fair Market Rental Rate, on the day that is the thirty-fifth (35th) day after Landlord’s receipt of Tenant’s written notice of election to arbitrate, Landlord and Tenant shall each simultaneously submit to the other in writing its good faith estimate of the "FRV"Fair Market Rental Rate (“Good Faith Estimates”). The "FRV" means If the higher of the Good Faith Estimates is not more than one hundred and five percent (105%) of the lower of the Good Faith Estimates, the Fair Market Rental Rate in question shall be deemed to be the average of the submitted rates. If otherwise, then fair rental value being charged for the rate shall be set by arbitration to be held in Santa Monica, California in accordance with the Real Estate Valuation Arbitration Rules of the American Arbitration Association, except that the arbitration shall be conducted by a single arbitrator selected as follows. Within five (5) business days after the simultaneous submittal by Landlord and Tenant of their respective Good Faith Estimates, each shall designate a recognized and independent real estate broker who shall have at least ten (10) years’ experience in the leasing of properties similar premises to and in the vicinity of the PremisesProject. The two individuals so designated shall, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) business days thereafter each partyafter the last of them is designated, appoint a third independent broker possessing the aforesaid qualifications to be the single arbitrator, and if they are unable to do so, then the selection shall be made by an arbitrator selected at its cost and random by giving notice to the other party, American Arbitration Association under the Commercial Rules of Arbitration (which arbitrator shall appoint be a real estate appraiser lawyer practicing in the greater Los Angeles area with at least ten (10) years full-time industrial appraisal of experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice field of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's feeleasing). The third appraiserarbitrator so selected shall, however selectedalone, pick one of the two Good Faith Estimates, being the Good Faith Estimate that is closer to the Fair Market Rental Rate as determined by the arbitrator using the definition set forth in Section 8(f). The parties agree to be bound by the decision of the arbitrator, which shall be a person who has not previously acted final and non-appealable, and shall share equally the costs of arbitration, and judgment upon the award rendered by the arbitrator may be entered in any capacity for either party. Within fifteen court having jurisdiction thereof. (15d) days after During the selection Renewal Term, Tenant shall continue to pay Additional Rent in accordance with the provisions of the third appraiserLease, a majority as amended hereby. (e) The Renewal Option set forth in this Article 8 is personal to Entravision Communications Corporation (“Original Tenant”), and may not be assigned, transferred or conveyed to any party, except in connection with an assignment of the appraisers shall set the FRV. If a majority Lease in its entirety to an Affiliate pursuant to Section 14.7 of the appraisers are unable Original Lease, and may be exercised only if Original Tenant or its Affiliate occupies the entire Premises, without sublease or assignment to set the FRVany other party. (f) As used herein, the FRV phrase “Fair Market Rental Rate” shall mean the fair market value rental rate that a comparable tenant would pay and a comparable landlord would accept in an arm’s length transaction, for delivery on or about the applicable delivery or effective date, for non-renewal, non-expansion space in the Project and in Comparable Buildings (as defined in Section 1.1.3 of the Original Lease) (“Comparable Transactions”), provided that any Comparable Transactions in the Project or in Phase II during the preceding 12 month period will be given the most weight in determining the Fair Market Rental Rate when comparing the rental LEGAL\45488233\8 rates accepted by owners of the Comparable Buildings. In any determination of Comparable Transactions, appropriate consideration shall be the two closest appraisals given to (unless the appraisals are equidistant, in which casei) rental rates per rentable square foot, the middle appraisal shall be standard of measurement by which the FRVrentable square footage is measured, the ratio of rentable square feet to usable square feet, (ii) the type of escalation clauses (including without limitation, operating costs, real estate tax allowances or base year and rental adjustments), (iii) rental abatement or free rent concessions, if any, (iv) brokerage commissions, (v) the length of the term, (vi) the size and location of the premises being leased, (vii) building standard work letters and/or tenant improvement allowances, if any, (viii) the date as of which the Fair Market Rental Rate is to become effective, and (ix) other generally applicable terms and conditions of tenancy for such Comparable Transactions. The intent is that Tenant will obtain the same rent and other economic benefits that Landlord would otherwise give in Comparable Transactions and that Landlord will make, and receive the same economic payments and concessions that Landlord would otherwise make, and receive in Comparable Transactions.

Appears in 1 contract

Sources: Lease (Entravision Communications Corp)

Option to Extend. Lessee shall have one the option ("Extension Option") to extend the Initial Term of this Lease for a one (1) period of five years. The Extension Option may be exercised thirty-six (36) months, commencing immediately following the expiration of the Initial Term (such period is referred to herein as the “Extended Term,” “Initial Term” and “Extended Term” are collectively referred to as “Term”), on all provisions contained in this Lease (except for Base Rent and such other terms and conditions as are specifically or by their operation limited to the Initial Term only in the event and except that Lessee shall have no further right or option to extend the term upon the expiration of the Extended Term), by giving notice of exercise of the option (the “Option Notice”) to Lessor no more than twelve (12) months but no less than nine (9) months before the expiration of the Initial Term. Lessor’s ability to plan for the orderly transaction of its rental business, to accommodate the needs of other existing and potential tenants, and to enjoy the benefits of increasing rentals at such times as Lessor is not able to do so in default under its sole and absolute discretion, are fundamental elements of Lessor’s willingness to provide Lessee with the option to extend contained herein. Accordingly, Lessee hereby acknowledges that strict compliance with the notification provisions contained herein, and Lessee’s strict compliance with the time period for such notification contained herein, are material elements of the bargained for exchange between Lessor and Lessee and are material elements of Lessee’s consideration paid to Lessor in exchange for the grant of the option. Therefore, Lessee’s failure to adhere strictly and completely to the provisions and time frame contained in this provision shall render the option automatically null, void and of no further force or effect, without notice, acknowledgement, or any action of any nature or sort, required of Lessor. Lessee acknowledges that no other act or notice, other than the express written notice set forth hereinabove, shall act to put Lessor on notice of Lessee’s intent to extend, and Lessee hereby waives any claims to the contrary, notwithstanding any other actions of Lessee during the Initial Term of this Lease upon or any statements, written or oral, of Lessee to Lessor to the contrary during the Initial Term of this Lease. Notwithstanding the foregoing, if an Event of Default (as defined below) exists on the date of exercise. The Extension giving the Option must Notice, the Option Notice shall be exercised by notice totally ineffective, or if an Event of Default exists on the date the Extended Term is to commence, in writing addition to any and all other remedies available to Lessor under this Lease, at Lessor’s election, the exercise of such exercisethe option shall be deemed null and void, delivered by Lessee to Lessorthe Extended Term shall not commence, not later than 6 months prior to and this Lease shall expire at the end of the Initial Term. The Base Rent option to extend granted pursuant hereto is personal to original Lessee signatory to this Lease and cannot be assigned, transferred or conveyed to, or exercised for the Option Term shall be benefit of, any other person or entity (voluntarily, involuntarily, by operation of law or otherwise) including, without limitation, to any assignee or subtenant permitted under Article 13, except in the greater event of (i) the Base Rent then in effect a “Permitted Transfer” (as periodically adjusted pursuant to defined in Article 13). All of Lessee’s rights under this Article 3.b. shall terminate upon the Section 4.1), or (ii) 95% expiration of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions Initial Term or sooner termination of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Net Office Lease (Splunk Inc)

Option to Extend. (a) Lessor hereby grants to Lessee shall have one (1) option ("Extension Option") to extend the Term term of this Lease for a period of five yearstwenty four (24) calendar months immediately following the expiration of the initial term (the “option extension period”). The Extension Option Lessee may be exercised only exercise the foregoing option to extend by giving written notice of exercise to Lessor at least six (6) months, but not more than twelve (12) months, prior to the expiration of the initial term of this Lease (the “option exercise period”), provided that if there currently exists an Event of Default by Lessee (as defined in the event that Lessee is not in default Paragraph 22) under this Lease that remains uncured after the expiration of notice and cure periods, if any, at the time of exercise of the option or at the commencement date of the option extension period, such notice shall be void and of no force or effect. The option extension period, if exercised, shall be upon the same terms and conditions as the initial term of this Lease, including the payment by Lessee of Lessee’s Share of increases in the Operating Expenses and Taxes pursuant to Paragraph 5, except that (1) the Monthly Base Rent during the option period, if exercised, shall be determined as set forth in Paragraph 3(c) hereof, (2) Lessor may adjust the hourly rate for after hours HVAC services as of the commencement date of exercise. The Extension Option must the option extension period pursuant to Paragraph 15(b), (3) there shall be exercised by notice no additional option to extend, and (4) Lessee shall accept the Premises in writing of such exercisetheir “as is” condition, delivered by Lessee subject to Lessor, not later than 6 months prior compliance with Laws as provided in Paragraph 2(c) and compliance with the Americans With Disabilities Act as provided in Paragraph 13(d) which shall also apply to the end commencement of the Termoption extension period. If Lessee does not exercise the option in a timely manner, the option shall lapse, time being of the essence. Subject to the foregoing, neither Lessor nor Lessee shall be required to perform any tenant improvement work with respect to the option extension period. (b) The option to extend granted to Lessee by this Paragraph 3 is granted for the personal benefit of Rocket Fuel, Inc. (“Rocket Fuel”) only, and shall be exercisable only by Rocket Fuel or by an assignee or sublessee referred to in Paragraph 17(g) as a “Permitted Affiliate.” Said option may not be assigned or transferred by Rocket Fuel to, or exercised by, any assignee or sublessee, except as provided in Paragraph 17(g). (c) The initial Monthly Base Rent for the Option Term Premises during the option extension period shall be the greater of (i) the Base Rent then in effect (as periodically adjusted determined pursuant to the Section 4.1)provisions of this subparagraph (c) and shall be equal to the then current fair market Monthly Base Rent of the Premises on the commencement date of the option extension period as determined by agreement between the Lessor and Lessee reached prior to the expiration of the option exercise period, if possible, or by the process of appraisal if the parties cannot reach agreement. Upon the written request by Lessee to Lessor received by Lessor no earlier than twelve (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (212) months prior to the expiration of the initial term, and no later than the eight (8) months prior to the expiration of the initial term, and prior to the exercise by Lessee of the option to extend, Lessor shall give Lessee written notice of Lessor’s good faith opinion of the amount equal to the fair market Monthly Base Rent of the Premises as of the commencement of the Option Termoption extension period. Thereafter, whereupon upon the request of Lessee, Lessor and Lessee shall attempt enter into good faith negotiations for up to thirty (30) days in an effort to reach agreement on the fair market Monthly Base Rent for the Premises on the commencement date of the option extension period. If Lessor and Lessee are unable to agree upon the FRVamount equal to the initial fair market Monthly Base Rent for the Premises on a full service basis, and thereafter, prior to the expiration of the option exercise period, Lessee exercises the option to extend, said amount of the initial Monthly Base Rent shall be determined by appraisal. The appraisal shall be performed by one appraiser if the parties are able to agree upon one appraiser. If the parties are unable to agree upon one appraiser, each party shall appoint an appraiser and the FRV prior two appraisers shall select a third appraiser. Each appraiser selected shall be a member of the American Institute of Real Estate Appraisers (AIREA) with at least five (5) years of full-time commercial real estate appraisal experience in the Redwood City-Redwood Shores, California office rental market. If only one appraiser is selected, that appraiser shall notify the parties in simple letter form of its determination of the amount equal to the end fair market Monthly Base Rent for the Premises on the commencement date of such monththe option extension period within fifteen (15) days following its selection. Said appraisal shall be binding on the parties as the appraised current “fair market Monthly Base Rent” for the Premises which shall be based upon what a willing new lessee would pay and a willing lessor would accept at arm’s length for premises comparable to the Premises determined with reference to comparable premises in the vicinity of the Complex of similar age, then size, quality of construction and specifications (excluding the value of any improvements to the Premises made at Lessee’s cost) for a lease of similar duration to this Lease and taking into consideration that there will be no free rent, improvement allowance, or other concessions. If multiple appraisers are selected, each appraiser shall within ten (10) days thereafter each party, at of being selected make its cost and by giving notice determination of the amount equal to the other party, shall appoint initial fair market Monthly Base Rent for the Premises on a real estate appraiser with at least ten (10) years full-time industrial appraisal experience full service basis in the Central and Southern Orange County area to appraise and determine such FRVsimple letter form. If a party does not appoint an appraiser within ten two (102) days after the other party has given notice or more of the name of its appraiserappraisers agree on said amount, the single appraiser appointed such agreement shall be binding upon the sole appraiser and shall set the FRVparties. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two multiple appraisers are unable to agree within fifteen selected and two (152) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on said amount, the third appraiser, either amount equal to the initial fair market Monthly Base Rent for the Premises shall be determined by taking the mean average of the parties to this Leaseappraisals; provided, that any high or low appraisal, differing from the middle appraisal by giving more than ten percent (10%) days notice of the middle appraisal, shall be disregarded in calculating the average. Said initial Monthly Base Rent shall be adjusted annually on the anniversary of the commencement of the option extension period in the manner determined by the appraiser or appraisers to the other party, can apply to be consistent with the then president of prevailing market practice for comparable space in the County Real Estate BoardRedwood City, or to the presiding judge of the Superior Court of the CountyCalifornia office rental market. If only one appraiser is selected, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties then each party shall bear pay one-half of the cost fees and expenses of appointing the third appraiser and of paying the third that appraiser's fee. The third appraiser, however If three appraisers are selected, each party shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after bear the selection fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser. (d) Thereafter, a majority provided that Lessee has previously given timely notice to Lessor of the appraisers shall set the FRV. If a majority exercise by Lessee of the appraisers are unable option to set extend the FRVterm, Lessor and Lessee shall execute an amendment to this Lease stating that the FRV Monthly Base Rent for the Premises as of the commencement of the option extension period shall be equal to fair market rent as agreed upon by Lessor and Lessee, or one hundred percent (100%) of the two closest appraisals fair market rental for the Premises as determined by the appraisal process referred to above. (unless e) Notwithstanding anything to the appraisals are equidistantcontrary contained in subparagraph (c) above, in which case, no event shall the middle appraisal shall Monthly Base Rent at the commencement of the option extension period be less than the FRV)Monthly Base Rent in effect immediately prior to the commencement of the option extension period.

Appears in 1 contract

Sources: Lease (Rocket Fuel Inc.)

Option to Extend. Lessee shall have Subject to the provisions hereinafter set forth, Landlord hereby grants to Tenant one (1) option ("Extension Option") to extend the term of this Lease (the “Option”) on the same terms, conditions and provisions as contained in this Lease, except as otherwise provided herein, for one (1) period of five (5) Lease Years (the “Option Period”). The Option Period shall commence, only if properly exercised pursuant to subsection (a) below, upon the termination of the original Term of this Lease for a period (the “Option Period Commencement Date”). (a) The Option shall be exercisable by written notice from Tenant to Landlord of five years. The Extension ▇▇▇▇▇▇’s intent to exercise the Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, given not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month date which is two at least nine (29) months prior to the commencement Option Period Commencement Date and not earlier than eighteen (18) months prior to the Option Period Commencement Date, time being of the essence. If Tenant fails to timely give written notice of its intent to exercise the Option, the Option shall thereupon expire of its own terms and without any further action by Landlord or Tenant. (b) Basic Rent per square foot of Rentable Area of the Premises payable during the Option Period with respect to all space included in the Premises as of the Option Term, whereupon Lessor and Lessee Period Commencement Date shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior be equal to the end greater of: (i) ninety five percent (95%) of such monththe Prevailing Market Rate (as hereinafter defined) with respect to the Option Period; or (ii) the Basic Rent payable in the last month of the Lease Term. Landlord shall, then in response to and within ten thirty (1030) days thereafter each partyof Landlord’s receipt of Tenant’s notice of its intent to exercise the Option, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given give Tenant written notice of the name applicable Prevailing Market Rate, as reasonably determined in good faith by Landlord. In the event the Basic Rent payable in the last month of its appraiserthe Lease Term is greater than ninety five percent (95%) of the Prevailing Market Rate, as reasonably determined in good faith by Landlord, the single appraiser appointed Basic Rent payable in the last month of the Lease Term shall be the sole appraiser Basic Rent payable throughout the Option Period, and Section 46 (c) through (e) shall set be inapplicable. However, in the FRV. If there are two appraisers appointed by event the parties as stated Basic Rent payable in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either month of the parties to this Lease, by giving ten Lease Term is less than ninety five percent (1095%) days notice to the other party, can apply to the then president of the County Real Estate BoardPrevailing Market Rate, or to the presiding judge as reasonably determined in good faith by Landlord, then ninety five percent (95%) of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, Prevailing Market Rate shall be a person who has not previously acted in any capacity for either party. Within fifteen determined pursuant to Section 46 (15c), (d) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals and (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRVe).

Appears in 1 contract

Sources: Office Lease (Intersearch Group Inc)

Option to Extend. Lessee The Tenant shall have one the option ("Extension Option") to extend the Term term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee up to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months additional five (5) year terms (the first of such five (5) year terms shall be referred to herein as the “First Extended Term”, and the second of such terms shall be referred to herein as the “Second Extended Term”) on all of the same terms and conditions set forth herein except Rent which shall be mutually agreed upon, so long as, with respect to the First Extended Term, Tenant is not in substantial default of its obligations under this Lease beyond any applicable grace or cure period at the expiration of the Primary Term, and, with respect to the Second Extended Term, Tenant is not in substantial default of its obligations under this Lease beyond any applicable grace or cure period at the expiration of the First Extended Term. To exercise the Option with respect to the First Extended Term, Tenant shall notify Landlord in writing not less than one hundred twenty (120) days prior to the commencement expiration of the Primary Term that Tenant intends to extend the term of the Lease through the First Extended Term. To exercise the Option with respect to the Second Extended Term, whereupon Lessor and Lessee Tenant shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV notify Landlord in writing not less than one hundred twenty (120) days prior to the end expiration of such monththe First Extended Term that Tenant intends to extend the term of the Lease through the Second Extended Term. If Tenant elects not to exercise the Option with respect to the First Extended Term, then within ten Tenant shall notify Landlord in writing not less than one hundred twenty (10120) days thereafter each party, at its cost and by giving notice prior to the other partyexpiration of the Primary Term, and this Lease shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in terminate upon the Central and Southern Orange County area to appraise and determine such FRVexpiration of the Primary Term. If a party does Tenant elects not appoint an appraiser within ten to exercise the Option with respect to the Second Extended Term, Tenant shall notify Landlord in writing not less than one hundred twenty (10120) days after prior to the other party has given notice expiration of the name of its appraiserFirst Extended Term, and this Lease shall terminate upon the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either expiration of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this sectionFirst Extended Term. Each of the parties shall bear one-half of First Extended Term and the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, Second Extended Term shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable referred to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)herein as an “Extended Term”.

Appears in 1 contract

Sources: Lease Agreement (SCP Pool Corp)

Option to Extend. Lessee shall have one a. Landlord hereby grants to Tenant the option ("Extension Option") to extend the Term term of this Lease for a one three (3) year period commencing upon expiration of five yearsthe initial lease Term upon the terms and conditions contained in this Lease and each and all of the following terms and conditions: b. Tenant shall give to Landlord and Landlord shall receive written notice of the exercise of the option to extend this Lease for said additional term no earlier than six (6) months and no later than three (3) months prior to the time that the option period would commence if the option were exercised, time being of the essence. The Extension Option may be exercised only in If said notification of the event that Lessee exercise of said option is not so given and received, this option shall automatically expire. c. Tenant shall have no right to exercise such option, notwithstanding any provision in this grant of option to the contrary, if Tenant has been in default under this Lease upon at any time during the date Lease term, and all rights of exercise. The Extension Option must be exercised by notice in writing Tenant under the provisions of such exerciseoption shall terminate and be of no further force or effect, delivered by Lessee to Lessor, not later than 6 months prior to the end notwithstanding Tenant's due and timely exercise of the Term. The Base Rent for option, if, after such exercise or during the Option Term shall be the greater term of (i) the Base Rent then this Lease, Tenant is in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% default hereunder. d. All of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at Lease shall apply during the beginning option period except as specifically modified by the applicable provisions of the month which is two (2) months prior to this Article 28. e. At the commencement of the Option Termoption period, whereupon Lessor the Monthly Rent shall be adjusted, upward only, to the market rental rate for similar premises within the Uptown market area of San Diego County (market rental rate shall include terms and Lessee conditions which would be offered to a non-renewing tenant) as follows: The parties shall attempt to agree upon reach agreement concerning the FRVmarket rental rate. If the parties are unable to agree upon do so within thirty (30) days after the FRV prior to date of commencement of the end of such monthoption period, then each party shall, within ten (10) days thereafter, appoint an appraiser and the two appraisers shall thereafter each party, at its cost and by giving notice attempt to the other party, shall reach agreement concerning such market rental rate. If one party fails to appoint a real estate an appraiser with at least within said ten (10) years full-time industrial appraisal experience in days, the Central decision of the sole appointed appraiser shall be final and Southern Orange County area to appraise and determine such FRVbinding on the parties. If a party does not appoint an appraiser two appraisers are appointed and they are unable to reach agreement concerning the market rental rate within 60 days after commencement of the option period, the two appraisers shall, within ten (10) days after the other party has given notice of the name of its appraiserthereafter, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect jointly appoint a third appraiser meeting whose decision shall be final and binding on the qualifications stated parties. Provided however, in this section within ten no event shall the amount of the Monthly Rent so determined be less than one hundred five percent (10105%) days after of the amount of the Basic Monthly Rent payable for the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either month of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president initial Lease term. f. The Monthly Rent shall be adjusted after each year of the County Real Estate Boardextended lease term based upon agreement of the parties, or as determined by the appraiser(s) pursuant to Section 28.e; provided, however, in no event shall the presiding judge increase in the Monthly Rent for any year of the Superior Court extended lease term be less than five percent (5%) of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiserprior year's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Monthly Rent.

Appears in 1 contract

Sources: Lease Agreement (RVision, Inc.)

Option to Extend. Lessee shall have one option ("Extension Option") to extend the Term of If this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee shall not have been previously terminated and if Tenant is not in default under the terms of this Lease upon as of the date Tenant exercises its option hereunder, then Tenant shall have the option to extend the term of exercisethis Lease on the same terms and conditions (except for Base Rent) for one (1) additional term of five (5) years( “Option Term”) at the expiration of the existing Term. The Extension Option must Said option may be exercised only by the delivery of written notice in writing of such exerciseby Tenant to City at least one hundred eighty (180) days, delivered by Lessee to Lessorbut not more than three hundred sixty (360) days, not later than 6 months prior to the end expiration of the Termexisting Term (the “Tenant’s Option Election Notice”). The Base Rent due each month during any Option Term shall be adjusted to (i) the “Prevailing Fair Market Rate” for the rental of movie theaters (“Renewal Rental Rate”) or (ii) such other rental amount as may be agreed upon between Landlord and Tenant. Within one hundred eighty (180) days after receipt of Tenant’s Option Election Notice, Landlord shall deliver written notice of Landlord’s determination of the Renewal Rental Rate for the Option Term shall be (the greater of (i) the Base “Option Rent then in effect (as periodically adjusted pursuant to the Section 4.1Notice”), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable Tenant disputes such determination by Landlord Tenant may elect to agree upon the FRV prior to the end of such month, then withdraw Tenant’s Option Election Notice within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) business days after the other party has given notice receipt of the name Option Rent Notice and this Lease shall terminate on the original Termination Date. For the purposes of its appraiserthis Section, the single appraiser appointed “Prevailing Fair Market Rate” shall be the sole appraiser monthly base rent in the San ▇▇▇▇ metropolitan area for leases with substantially similar terms and shall set the FRV. If there are two appraisers appointed square footage as may be reasonably determined by the parties as stated Landlord in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Landlord’s reasonable discretion.

Appears in 1 contract

Sources: Lease Agreement

Option to Extend. Lessee shall have one option ("Extension Option"a) to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Provided Lessee is not in default of its obligations under this Lease upon either at the time of exercise or on the commencement date of exercise. The Extension Option must be exercised by notice the Extended Term (as hereinafter defined), Lessee shall have one (1) option to re-lease the Premises for a term of three (3) years (the “Extended Term”) on the same terms and conditions as set forth in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of this Lease except that (i) the Base Monthly Rent for the extended term shall be adjusted to the Extended Term Rate, as defined in Paragraph 3(c) below, and (iii) Lessee shall accept the Premises in their then in effect “as is” condition and Paragraph 13, Tenant Improvements, shall not apply to the Extended Term. This option to extend is granted for the personal benefit of Intersect ENT and its Permitted Transferee(s) only, and shall be exercisable only by Intersect ENT or a Permitted Transferee (as periodically adjusted pursuant defined in Paragraph 17(f) below). This option to extend may not be assigned or transferred to any assignee or sublessee, other than a Permitted Transferee, without the Section 4.1), or prior written consent of Lessor. (iib) 95% Lessee shall give Lessor written notice of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms its intent to exercise its option no earlier than two hundred seventy (270) days and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two no later than six (26) months prior to the expiration of the initial Term (the “Option Exercise Period”). If Lessee does not exercise the Option to Extend within the Option Exercise Period, the Option to Extend shall lapse, time being of the essence. (c) The initial Monthly Base Rent for the Premises during the Extended Term, the “Extended Term Rate” shall be determined pursuant to the provisions of this Paragraph 3(c), and shall equal ninety five percent (95%) of the then current fair market rental for the Premises on the commencement date of the Extended Term, which shall be based on what a willing new lessee would pay and a willing lessor would accept at arm’s length for comparable premises in the city of Menlo Park of similar age, size, quality of construction and specifications (excluding the value of any improvements to the Premises made at Lessee’s cost with Lessor’s prior written consent except as otherwise permitted herein) for a lease similar to this Lease for the same uses specified hereunder and taking into consideration that there will be no free rent, improvement allowance, or other rent concessions. Upon the written request by Lessee to Lessor received by Lessor at any time during the Option Exercise Period and prior to the exercise by Lessee of the Option Termto Extend, whereupon Lessor shall, within fifteen (15) days of such request, give Lessee written notice of Lessor’s good faith opinion of the Extended Term Rate. Thereafter, upon the request of Lessee, Lessor and Lessee shall attempt enter into good faith negotiations in an effort to reach agreement on the Extended Term Rate. If Lessor and Lessee are unable to agree upon the FRVExtended Term Rate within fifteen (15) days of Lessor’s notice to Lessee of Lessor’s good faith opinion of the Extended Term Rate, said amount shall be determined by appraisal. The appraisal shall be performed by one appraiser if the parties are able to agree upon one appraiser. If the parties are unable to agree upon the FRV prior to the end of such monthone appraiser, then each party shall appoint an appraiser and the two appraisers shall select a third appraiser. Each appraiser selected shall be a member of the American Institute of Real Estate Appraisers (AIREA) with at least five (5) years of full-time commercial real estate appraisal experience in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, that appraiser shall notify the parties in simple letter form of its determination of the Extended Term Rate within fifteen (15) days following its selection. Said appraisal shall be binding on the parties as the appraised current Extended Term Rate. If multiple appraisers are selected, each appraiser shall within ten (10) days thereafter each party, at of being selected make its cost and by giving notice to determination of the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience Extended Term Rate in the Central and Southern Orange County area to appraise and determine such FRVsimple letter form. If a party does not appoint an appraiser within ten two (102) days after the other party has given notice or more of the name of its appraiserappraisers agree on said amount, the single appraiser appointed such agreement shall be binding upon the sole appraiser and shall set the FRVparties. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two multiple appraisers are unable to agree within fifteen selected and two (152) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either Extended Term Rate the Extended Term Rate shall be determined by taking the mean average of the parties to this Leaseappraisals; provided, that any high or low appraisal, differing from the middle appraisal by giving more than ten percent (10%) days notice to the other party, can apply to the then president of the County Real Estate Boardmiddle appraisal, or to shall be disregarded in calculating the presiding judge average. The Extended Term Rate shall be increased by three percent (3%) annually on each anniversary of the Superior Court commencement of the CountyExtended Term. If only one appraiser is selected, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties then each party shall bear pay one-half of the cost fees and expenses of appointing the third appraiser and of paying the third that appraiser's fee. The third appraiser, however If three appraisers are selected, each party shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after bear the selection fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser. (d) Thereafter, a majority provided that Lessee has previously given timely notice to Lessor of the appraisers shall set the FRV. If a majority exercise by Lessee of the appraisers are unable Option to set Extend, Lessor and Lessee shall execute an amendment to this Lease stating that the FRV, initial Monthly Base Rent for the FRV Premises during the Extended Term shall be equal to the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)determination by appraisal.

Appears in 1 contract

Sources: Lease (Intersect ENT, Inc.)

Option to Extend. Lessee Provided Tenant is not in default hereunder beyond applicable notice and cure periods, Tenant shall have one option ("Extension Option") the right to extend the Term term of this Lease for a one period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised two (2) years by notice in writing of to Landlord to such exercise, delivered by Lessee to Lessor, not effect given no later than 6 twelve (12) months nor earlier than fifteen (15) months prior to the end of the Term. The Base Rent for then term of this Lease and if Tenant timely and properly gives such notice then the Option Term term of this Lease shall be extended without the necessity of any further action between Landlord and Tenant upon all the terms and conditions set forth herein except that the fixed rent shall be the greater of (ix) fixed rent per annum and additional rent under Article VIII for the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the 12-month which is two (2) months prior to period immediately preceding the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon extension term (the FRV“Current Rent”) or (y) the then fair market rental value of the Premises. If the parties are unable Tenant timely and properly exercises such option to agree upon the FRV prior extend, then Landlord shall give to Tenant its determination as to the end fair market rental value of such month, then the Premises. If within ten sixty (1060) days thereafter each party, at after T▇▇▇▇▇’s exercise of its cost right to extend Landlord has not submitted such determination to Tenant then Tenant may request such determination from Landlord and by giving notice Landlord shall submit the same to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser Tenant within ten (10) days after such request. If after receipt of Landlord’s determination Tenant determines to contest such determination then by notice to Landlord given within thirty (30) days after its receipt of Landlord’s determination Tenant may request that the other party has given notice determination of fair market rental value be made by arbitration as follows: Each of Landlord and Tenant shall designate a person to act as arbitrator, which person shall be a person with at least five years experience in the appraisal of real property in the City of Boston and shall not be directly employed by Landlord or Tenant. The two appraisers so chosen shall within thirty (30) days of their selection determine the fair market rental value of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If Premises but if the two appraisers are unable to agree upon such fair market rental value within fifteen (15) days after such period then the second appraiser has been appointed, they determination shall attempt to elect be made by a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day selected by the two appraisers are given to set appraisers, which appraiser likewise shall not be directly employed by either Landlord or Tenant and shall have at least five years experience in the FRVappraisal of real property within the City of N▇▇▇▇▇. If the two appraisers are unable to agree on the third appraiser, either The determination of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's feeshall be final. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection costs and expenses of the third appraiser, a majority appraiser shall be borne jointly by Landlord and T▇▇▇▇▇. Until the determination of the appraisers fair market rental value has been determined Tenant shall set pay to Landlord on account of fixed rent for and with respect to the FRV. If a majority extension term at the rate of the appraisers are unable to set Current Rent per annum, with a prompt adjustment as soon as the FRV, fair market rental value of the FRV Premises for the extension term has been determined. Fixed Rent shall be payable during the two closest appraisals (unless extension term in monthly installments of 1/12th of the appraisals are equidistantannual amount in advance on the commencement date of the extension term and on the first day of each month thereafter. WITNESS the execution hereof in any number of counterparts, in each of which case, the middle appraisal counterparts shall be deemed an original for all purposes, as of the FRV).day and year first above written. By: TDC Holding Corp., its manager By: /s/ R▇▇▇▇▇ ▇▇▇▇▇▇ Its hereunto duly authorized PARATEK PHARMA, LLC. By: /s/ D▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Its Hereunto duly authorized

Appears in 1 contract

Sources: Office Lease (Paratek Pharmaceuticals, Inc.)

Option to Extend. Lessee The provisions of Lease Rider No. 1 entitled “Option to Extend Term”, as amended by the provisions of the Third Amendment, are hereby deleted in their entirety, and substituted therefor shall be the following: RIGHT TO EXTEND THIS LEASE. Provided that no Event of Default has occurred under any provision of this Lease, either at the time of exercise of the extension right granted herein or at the time of the commencement of such extension, and provided further that Tenant is occupying at least all or substantially all of either the 181 Technology Premises or the 185 Technology Premises and has not assigned its interest in this Lease (except in connection with an “Affiliate Assignment” as defined in the Lease), then Tenant may extend the Term of this Lease for one (1) period of sixty (60) months. Subject to the foregoing conditions, Tenant shall have one option ("Extension Option") the right to extend the Term of this Lease for as to the 181 Technology Premises, as to the 185 Technology Premises or as to the entire Premises; provided, however, that Tenant shall notify Landlord concurrently with and as a period part of five yearsthe “Commitment Notice” (as hereinafter defined) if Tenant’s exercise of its extension right pursuant hereto is as to the 181 Technology Premises or the 185 Technology Premises only. The Extension Option may be exercised Tenant shall exercise its right to extend the Term by and only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee delivering to LessorLandlord, not later less than 6 seven (7) months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of or more than nine (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (29) months prior to the expiration date of the Term, Tenant’s irrevocable written notice of its commitment to extend (the “Commitment Notice”). The Basic Rent payable under the Lease during any extension of the Term shall be determined as provided in the following provisions. If Landlord and Tenant have not by then been able to agree upon the Basic Rent for the extension of the Term, then within one hundred twenty (120) and ninety (90) days prior to the expiration date of the Term, Landlord shall notify Tenant in writing of the Basic Rent that would reflect the prevailing market rental rate for a 60-month renewal of comparable space in the Project (together with any increases thereof during the extension period) as of the commencement of the Option extension period (“Landlord’s Determination”). Should Tenant disagree with the Landlord’s Determination, then Tenant shall, not later than twenty (20) days thereafter, notify Landlord in writing of Tenant’s determination of those rental terms (“Tenant’s Determination”). In no event, however, shall Landlord’s Determination or Tenant’s Determination be less than the Basic Rent payable by Tenant during the final month of the initial Term. Within ten (10) days following delivery of the Tenant’s Determination, whereupon Lessor and Lessee the parties shall attempt to agree upon on an appraiser to determine the FRVfair market rental. If the parties are unable to agree upon the FRV prior to the end of such monthin that time, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, party shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint designate an appraiser within ten (10) days after thereafter. Should either party fail to so designate an appraiser within that time, then the appraiser designated by the other party has given notice shall determine the fair market rental. Should each of the name of its parties timely designate an appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If then the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they so designated shall attempt to elect appoint a third appraiser meeting who shall, acting alone, determine the qualifications stated fair market rental for the Premises. Any appraiser designated hereunder shall have an MAI certification with not less than five (5) years experience in this section within ten the valuation of commercial industrial buildings in the vicinity of the Project. Within thirty (1030) days after following the last day selection of the two appraisers are given appraiser and such appraiser’s receipt of the Landlord’s Determination and the Tenant’s Determination, the appraiser shall determine whether the rental rate determined by Landlord or by Tenant more accurately reflects the fair market rental rate for the 60-month renewal of the Lease for the Premises, as reasonably extrapolated to set the FRVcommencement of the extension period. If the two appraisers are unable to agree on the third appraiserAccordingly, either the Landlord’s Determination or the Tenant’s Determination shall be selected by the appraiser as the fair market rental rate for the extension period. In making such determination, the appraiser shall consider rental comparables for the Project (provided that if there are an insufficient number of comparables within the project, the appraiser shall consider rental comparables for similarly improved space within the Irvine Spectrum with appropriate adjustment for location and quality of project), but the appraiser shall not attribute any factor for market tenant improvement allowances or brokerage commissions in making its determination of the parties to this Leasefair market rental rate. At any time before the decision of the appraiser is rendered, either party may, by giving ten (10) days written notice to the other party, can apply to accept the then president rental terms submitted by the other party, in which event such terms shall be deemed adopted as the agreed fair market rental. The fees of the County Real Estate Board, or to appraiser(s) shall be borne entirely by the presiding judge party whose determination of the Superior Court of fair market rental rate was not accepted by the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen twenty (1520) days after the selection determination of the third appraiserfair market rental, a majority Landlord shall prepare an appropriate amendment to this Lease for the extension period, and Tenant shall execute and return same to Landlord within twenty (20) days. Should the fair market rental not be established by the commencement of the appraisers extension period, then Tenant shall set continue paying rent at the FRVrate in effect during the last month of the initial Term, and a lump sum adjustment shall be made promptly upon the determination of such new rental. If a majority Tenant fails to timely comply with any of the appraisers are unable provisions of this paragraph, Tenant’s right to set extend the FRV, the FRV Term shall be extinguished and the two closest appraisals Lease shall automatically terminate as of the expiration date of the Term, without any extension and without any liability to Landlord. Landlord’s failure to timely comply with any of the provisions of this paragraph, however, shall not affect or impair Tenant’s right to extend the Term as herein provided. Any attempt to assign or transfer any right or interest created by this paragraph (unless the appraisals are equidistant, except in which case, the middle appraisal connection with an Affiliate Assignment) shall be void from its inception. Tenant shall have no other right to extend the FRV)Term beyond the single sixty (60) month extension period created by this paragraph. Unless agreed to in a writing signed by Landlord and Tenant, any extension of the Term, whether created by an amendment to this Lease or by a holdover of the Premises by Tenant, or otherwise, shall be deemed a part of, and not in addition to, any duly exercised extension period permitted by this paragraph.

Appears in 1 contract

Sources: Lease (Interpore International Inc /De/)

Option to Extend. Lessee shall have Tenant is hereby granted one (1) option ("Extension Option") to extend the term of this Lease for one, three (3) year period (the "Option Term"), such extension to be on the same terms and conditions as the initial term except for the Monthly Installment of Rent, which shall be determined as provided below. It shall be a condition of Tenant's right to exercise the option to renew herein that Tenant is in compliance with all the terms and conditions of this Lease both at the time of Tenant's exercise of this option and at the time the renewal term is scheduled to commence; and this condition may be waived by Landlord at its sole discretion and may not be used by Tenant as a means to negate the effectiveness of Tenant's exercise of this option. If Tenant elects to exercise the option, Tenant shall exercise said option only by written notice, delivered to Landlord at least one hundred eighty (180) days prior to the expiration of the Term of this Lease for a period Lease. There shall be no further options to extend the term of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to at the end of the Option Term. The Base Rent for Monthly Installment of rent payable during the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means Fair Market Rental for the then fair rental value being charged for similar premises in the vicinity Premises as of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement first day of the Option Term, whereupon Lessor but not less than the amount in place at the end of the initial Term. Promptly following the exercise of the Option, the parties shall meet and Lessee shall attempt endeavor to agree upon the FRVFair Market Rental for the Premises. The Premises shall be compared only to buildings in the Santa Clar▇ ▇▇▇a of a similar quality and size. If, within thirty (30) days after the exercise of the Option, the parties cannot agree upon the Fair Market Rental for the Premises as of the first day of the Option Term, the parties shall submit the matter to binding appraisal in accordance with the following procedures: Within sixty (60) days after exercise of the Option, the parties shall either (a) jointly appoint an appraiser for this purpose or (b) failing this joint action, separately designate a disinterested appraiser. No person shall be appointed or designated an appraiser unless they have at least five (5) years experience in appraising major commercial properties in Santa Clar▇ County and is a member of a recognized society of real estate appraisers. If, within thirty (30) days after their appointment, the two appraisers reach agreement of the Fair Market Rental for the Premises as of the first day of the Option Term in question, that value shall be binding and conclusive upon the parties. If the two appraisers thus appointed cannot reach agreement on the question presented within thirty (30) days after their appointment then the appraisers thus appointed shall appoint a third disinterested appraiser having like qualifications. If within thirty (30) days after the appointment of the third appraiser, a majority of the appraisers agree on the Fair Market Rental of the Premises as of the first 20 29 day of Option Term, that value shall be binding and conclusive upon the parties. If within thirty (30) days after the appointment of the third appraiser, a majority of the appraisers cannot reach agreement on the question presented, then the three appraisers shall each submit their independent appraisal to the parties, and the appraisal farthest from the median of the three appraisals shall be disregarded and the mean average shall be deemed to be the Fair Market Rental for the Premises as of the first day of the Option Term and shall be binding and conclusive upon the parties. Each party shall pay the fees and expenses of the appraiser appointed by it and shall share equally the fees and expense of the third appraiser. If the two appraisers appointed by the parties are unable cannot agree on the appointment of the third appraiser, they or either of them shall give notice of such failure to agree to the parties and if the parties fails to agree upon the FRV prior to the end selection of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an third appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraphgive such notice, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, then either of the parties to this Leaseparties, by giving ten (10) days upon notice to the other party, can apply to may request such appointment by the then president of the County Real Estate BoardAmerican Arbitration Association, or on its failure, refusal or inability to act, may apply such appointment to the presiding judge of the Superior Court of the CountyCountry of Santa Clar▇ ▇▇▇nty, for the selection State of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)California.

Appears in 1 contract

Sources: Sublease Agreement (Netgear Inc)

Option to Extend. Lessee shall have one option ("Extension Option") 40.1 Landlord grants to Tenant the right to extend the Term term of this Lease for a period two (2) periods of five years. The Extension Option may be exercised only two (2) years under the same terms and conditions existing in the event that Lessee is not original Lease except as set forth in default under this Article 40. Tenant shall exercise such right to extend the term of this Lease upon the date of exercise. The Extension Option must be exercised by written notice in writing of such exercise, delivered by Lessee to Lessor, not Landlord no later than 6 twelve (12) months prior to the end of the Termoriginal term. 40.2 Basic Annual Rent shall be adjusted on the first day of the extension term to an amount equal to the fair market rental value of the Premises as of the commencement of the extension term, but in no event less than one hundred three percent (103%) of the Basic Annual Rent payable during the last year of the original 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. The Base Rent for 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 Option Term 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 greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% arithmetic average of the "FRV"two appraisals. The "FRV" means If Tenant’s appraisal is more than five percent (5%) less than Landlord’s appraisal, the then two appraisers shall appoint a third appraiser to appraise the fair market rental value being charged for similar premises 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, but in no event less than one hundred three percent (103%) of the Basic Annual Rent payable during the last year of the original term. 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 vicinity appraisal of commercial and industrial real property in the UTC/▇▇▇▇▇▇ ▇▇▇▇▇/Sorrento Valley areas 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 the Premises, presuming as of the commencement of the extension term, to a ready and willing landlord, for a term of two (2) 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, such FRV being including, without limitation, that 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 commencing at until after the beginning effective date of the month which is two (2) months prior 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 as of the commencement of the Option Termextension term as determined under this Article 40 (and as previously increased each year of the extension term pursuant to this Section 40.7) shall be increased each year of the extension term by three percent (3%). The first such increase shall become effective commencing with that monthly rental installment which is first due on or after the twelfth (12th) anniversary of the Term Commencement Date and subsequent increases shall become effective on the same day of each calendar year thereafter for so long as this Lease continues in effect. 40.8 Tenant shall not have the right to exercise the option to extend the term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior notwithstanding anything set forth above to the end contrary: (a) during the time commencing from the date Landlord gives to Tenant a written notice that Tenant is in material default under any provision of such month, then within ten this Lease and continuing until the default alleged in said notice is cured; (10b) days thereafter each party, at its cost during the period of time commencing on the day after a monetary obligation to Landlord is due from Tenant and by giving unpaid without any necessity for notice thereof to Tenant and continuing until the other party, shall appoint a real estate appraiser with at least ten obligation is paid; or (10c) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice expiration or earlier termination of this Lease. The period of time within which the option to extend may be exercised shall not be extended or enlarged by reason of the name of its appraiser, Tenant’s inability to exercise the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either option because of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)foregoing provisions.

Appears in 1 contract

Sources: Sublease (Salmedix Inc)

Option to Extend. Lessee (i) Tenant shall have one the option ("Extension Option") to extend the Term of this Lease for a period one (1) term of five years. The Extension Option may be exercised only in three (3) years (hereinafter referred to as the event "Renewal term") provided that Lessee Tenant is not in default under this pursuant to any of the terms of the Lease at the time of commencement of the Renewal Term. (ii) The Renewal Term shall be upon the date same terms, covenants and conditions as provided in this Lease, except that the not be entitled to any of exercise. The Extension Option must the allowances, credits or payments provided in this Lease, and that the Base Years shall be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior adjusted to the end first year of the Renewal Term. . (iii) The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Renewal Term shall be ninety-five percent (95%) of the prevailing market rate for the Washington, D.C. metropolitan are. In no event, however, shall the prevailing market rate be less than the aggregate amount of the Base rent and Tenant's share of increases in Operating Expenses reserved under the Lease for the year immediately preceding the Renewal Term, whereupon Lessor and Lessee . (iv) Such option to extend shall attempt be exercised by Tenant giving written notice to agree upon the FRV. If the parties are unable to agree upon the FRV prior Landlord not later than nine (9) months ▇▇▇▇▇ to the end expiration of such month, then the original term. Landlord shall within ten thirty (1030) days thereafter each partyof the date it receives notice of Tenants election to exercise its option to extend, notify Tenant of the Base Rent to be charged at its cost and by giving notice to the other party, commencement o the Renewal Term. Tenant shall appoint a real estate appraiser with at least ten have thirty (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (1030) days after form the other party has given date of the Landlord's notification of the Base Rent to be charged to nullify its exercise of the option by providing Landlord written notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRVsame. If there are two appraisers appointed by Tenant nullifies its exercise of this option to extend, this option shall terminate and be of no further force and effect. (v) Tenant agrees to accept the parties Premises in the condition then existing as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Leasedate of the commencement of the Renewal Term. Landlord shall not be responsible for performing any work, by giving ten (10) days notice furnishing any materials or providing any allowances for improvements to the other partyPremises, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser except as mutually agreed upon by Landlord and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Tenant.

Appears in 1 contract

Sources: Office Lease (Allied Research Corp)

Option to Extend. Lessee shall have one option ("Extension Option") to extend Provided the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee LESSEE is not in default under this Lease upon hereunder beyond any applicable grace or cure periods, LESSEE shall have one (1) three (3) year option to extend the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee lease term at a rent equal to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of the following: (ia) market rate for equivalent office space in similarly located buildings within the Waltham market as determined by LESSOR; or (b) the Base Rent total rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means expiration date of the then fair rental value being charged current lease term. In no event shall the rent for similar premises the option term be less than the total rent then in the vicinity effect as of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning expiration date of the month which then current lease term. LESSEE must give LESSOR written notice it is two exercising its extension option no later than six (26) months prior to the commencement expiration of the Option Term, whereupon Lessor and Lessee then current lease term (“Extension Notice”). LESSOR shall attempt to agree upon provide LESSEE with the FRV. If rent rate for the parties are unable to agree upon the FRV prior to the end of such month, then extended term within ten thirty (1030) days thereafter each partyof receiving the Extension Notice. In the event LESSEE notifies LESSOR as provided herein and, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten within thirty (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (1030) days after of receiving the other party has given notice of LESSOR’S rent rate for the name of its appraiserextended term has, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in accordance with this paragraph, they (i) delivered a fully executed mutually agreeable lease amendment, (ii) updated all deposits, and (iii) tendered the first month’s base rent for the extended term, then the Lease Agreement shall met promptly automatically be extended three (3) years from the date the Lease Agreement would have expired had the option to extend not been exercised. LESSEE shall be responsible for all payments necessary to maintain a security deposit equivalent to a minimum of two (2) month’s base rent. All other terms and attempt provisions under the Lease Agreement, other than LESSOR’S Work or other tenant improvements, shall continue through the extended lease term. In the event the LESSEE does not provide the Extension Notice, execute a lease amendment and provide payment as provided herein, the LESSEE shall be deemed to set have waived its option to extend the FRV. If lease term and this Lease Agreement shall terminate upon the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either expiration of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)current term.

Appears in 1 contract

Sources: Commercial Lease (Scientific Learning Corp)

Option to Extend. Lessee shall have one option ("Extension Option") Landlord grants to Tenant the right to extend the Lease Term (“Renewal Option”) for two (2) successive periods of this Lease for a period of five years. The Extension up to seven (7) years each (“Option may be exercised only in the event that Lessee is not in default under this Lease Term”), upon the date of exercise. The Extension Option following terms and conditions. (a) Tenant must be exercised exercise each Renewal Option, if at all by providing Landlord with written notice in writing of such exercise, delivered by Lessee to Lessor, thereof at least nine (9) months but not later more than 6 twenty four (24) months prior to the end expiration date of the then-current Lease Term (“Renewal Notice”), which Renewal Notice shall specify the length of the Option Term. The Base Rent for Option Term may not be less than five (5) years and if Tenant fails to specify the Option Term in the Renewal Notice, the Option Term shall be deemed to be seven (7) years. If Tenant does not provide Landlord with the greater Renewal Notice as and when herein specified, the Renewal Option shall terminate and be of no further force or effect. If Tenant exercises a Renewal Option, the Lease Term shall be extended for an additional period determined as provided above, upon the same terms and conditions as set forth in the Lease, except the Basic Rent and this Renewal Option. The Basic Rent for such Option Term shall be at ninety-five percent (i95%) of the Base Rent then in effect then-current “Market Rate” as defined below. Each of the two (as periodically adjusted pursuant 2) Renewal Options may be exercised only once and once exercised, such Renewal Option shall not be effective during any subsequent Option Term. (b) The Renewal Option shall apply to the Section 4.1)entire Demised Premises, as amended or (ii) 95% expanded as of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity commencement date of each Option Term, and may not be exercised only as to a portion of the Demised Premises, presuming all Upon exercise of a Renewal Option, Landlord and Tenant shall enter into an amendment to the Lease memorializing the terms and conditions of this Lease, the Lease during such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed is a Default by Tenant at any time between the parties date it exercises a Renewal Option and the date upon which such Option Term is to commence, then Landlord at its option may elect to treat the exercise of such Renewal Option as stated ineffective in which case this paragraph, they Lease shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either terminate upon expiration of the parties then-current Lease Term. (c) The Renewal Option is personal to this LeaseTenant and to any successor transferee under a Permitted Transfer and in the event of any Transfer by Tenant, by giving ten (10) days notice to other than a Permitted Transfer, whether or not with the other partyconsent of Landlord, can apply to the then president any Renewal Options which have not been exercised as of the County Real Estate Board, or to the presiding judge date of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties such Transfer shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)automatically terminate.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Option to Extend. As additional consideration for the covenants of Lessee shall have one option hereunder, Lessor hereby grants unto Lessee for two ("Extension Option"2) to extend the Term of this Lease for a period additional terms of five years(5) years (the “Option Term(s)”). The Extension Option may shall apply only to the original space leased hereunder and shall be exercised only on the following terms and conditions: A. Written notice of Lessee’s interest in exercising the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must shall be exercised by notice in writing of such exercise, delivered by Lessee given to Lessor, not lessor no earlier than twelve (12) months and no later than 6 six (6) months prior to the expiration of the Original Term or First Option Term, as applicable (“Lessee’s Notice”). Not later than thirty (30) days after receiving Lessee’s Notice, Lessor shall give to Lessee notice of the terms, conditions and rental rate applicable during the Option Term, in accordance with subparagraph E below (“Lessor’s Notice”). B. Lessee shall have fifteen (15) days following lessee’s receipt of lessor’s Notice within which to exercise the Option by delivering written notice of such exercise to Lessor under the terms, conditions and rental rate set forth in Lessor’s Notice. If Lessee timely exercises the Option, the Lease shall be deemed extended and thereafter the parties shall execute an amendment to the Lease setting forth the terms of the extension. C. Unless Lessor is timely notified by Lessee in accordance with subparagraphs A and B above, it shall be conclusively deemed that lessee does not desire to exercise the Option, and the Lease shall expire in accordance with its terms, at the end of the Original Term or current Option Term. , as applicable. D. Lessee’s right to exercise its Option shall be conditioned on: (i) lessee not being in default under the Lease at the time of exercise of the Option or at the time of the commencement of the Option Term; and (ii) Lessee not having subleased more that twenty-five percent (25%) of the Premises or assigned its interest under the Lease as of the commencement of the Option Term or having vacated more than twenty-five percent (25%) of the Premises. E. The Base Rent for Option granted hereunder shall be upon the terms and conditions contained in the Lease except that the rental to be paid by lessee to Lessor during the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged rate which Lessor would quote to third parties for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Leaseif it were to become available for leasing, such FRV being determined commencing for a lease term scheduled to commence at the beginning time of commencement of the month Option Term, but in no event shall the rental rate be less than the rent which Lessee is two (2) months paying immediately prior to the commencement of the respective Option Term, whereupon exclusive of any Special Improvement Rent. Such rental rate may include escalations and pass-throughs. If Lessee, by written notice delivered no later than five (5) business days after the date lessor notifies Lessee of the Base Rent, objects to the Base Rent determined by Lessor and Lessee shall attempt elects to agree upon submit the FRV. If the parties are unable rate determination to agree upon the FRV prior to the end of such monthappraisal, then then, within ten seven (107) days thereafter of the later of the date of lessee’s objection or the expiration of the five (5) day period, each party, at its cost and by giving notice to the other party, party shall appoint a real estate appraiser with office broker that has at least ten five (105) years years’ full-time industrial appraisal commercial office experience in to determine the Central and Southern Orange County area Market Base Rent, such process to appraise and determine such FRVbe completed within twenty (20) days after the date of the appointment of the last broker. If a party does not appoint an appraiser a qualified broker within ten five (105) days after the other party has given notice of the name of its appraiserthe broker, then the single appraiser appointed broker shall be the sole appraiser broker and shall set the FRVMarket Base Rent. If there are two appraisers The brokers appointed by the parties as stated in this paragraph, they shall met meet promptly and attempt to set the FRVMarket Base Rent. If the two appraisers they are unable to agree on the Market Base Rent within fifteen twenty (1520) days after the date the second appraiser broker has been appointed, they shall attempt to elect a third appraiser broker meeting the qualifications stated in this section paragraph within ten seven (107) days after the last day the two appraisers (2) brokers are given to set the FRVMarket Base Rent. If the two appraisers brokers are unable to agree on the third appraiserbroker, either of the parties to this Lease, by after giving ten five (105) days days’ prior written notice to the other party, can may apply to the then president of the County Real Estate Boardreal estate board of Denver, or to the presiding judge of the Superior Court of the County, Colorado for the selection of a third appraiser meeting broker who meets the qualifications stated in this sectionArticle, which selection shall be made within three (3) days. Each of the parties shall pay for the broker appointed by it and shall bear one-half of the cost of appointing the third appraiser broker and of paying the third appraiser's broker’s fee. The third appraiserbroker, however selected, shall be a person who has not previously acted in any capacity for either party. The brokers shall be instructed to consider the criteria above stated in determining the Market Base Rent. Within fifteen twenty (1520) days after the selection of the third appraiserbroker, a majority of the appraisers brokers shall set the FRVMarket Base Rent. If a majority of the appraisers brokers are unable to set agree on the FRVmarket Base Rent within the stipulated period of time, the FRV average of the three brokers shall be the two closest appraisals applicable Market Base Rent. Within three (unless 3) business days after receipt of the appraisals are equidistantMarket Base Rent, lessee may reject the Base Rent determination. Said rejection shall be in which casewriting. In the event that lessee rejects said determination, then Lessee shall surrender the Premises in accordance with the terms of the Lease at the expiration of the Term and, notwithstanding anything hereinabove to the contrary, pay, upon demand, the middle appraisal costs of all brokers engaged in connection with the market rate determination. F. After exercise of the Options above described, there shall be no further rights on the FRV)part of Lessee to extend the term of the Lease.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Option to Extend. Lessee 2.7.1 Subject to the terms and conditions set forth below, Tenant shall have one the option ("Extension Option") to extend the Lease Term as to all, but not less than all, of this Lease the then-existing Premises, for a one (1) extension period of five (5) years. The Extension Option may be exercised only in In order to exercise the event that Lessee is not in default under this Lease upon option to extend, Tenant must satisfy all of the date following requirements: (i) Tenant shall have provided Landlord with written notice of exercise. The Extension Option Tenant’s intention to exercise the option to extend, which notice must be exercised received by notice in writing of such exercise, delivered by Lessee to Lessor, Landlord no earlier than twelve (12) months and not later than 6 six (6) months before the expiration of the initial Lease Term; (ii) as of the date that Tenant notifies Landlord of Tenant’s intention to exercise the option and as of the expiration of the initial Lease Term, there shall be no Event of Default by Tenant under this Lease; and (iii) at no time prior to the end expiration of the Term. The Base Rent for the Option initial Lease Term shall be the greater there have been any assignment or subletting of more than twenty-five percent (i25%) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity rentable square footage of the Premises, presuming all terms except a Permitted Transfer under Section 4.16.7. 2.7.2 In the event the initial Lease Term is extended as provided in this paragraph, Tenant shall, upon request of Landlord, evidence any such extension through the execution of a lease amendment to be provided by Landlord. The extension shall be on the same terms, covenants and conditions of as set forth in this Lease; provided that, such FRV being determined commencing at the beginning monthly Base Rent during the extension period shall be ninety-five percent (95%) of the month which is two fair market rental rate. Fair market rental rate (2“Fair Market Rental Rate”) months prior to shall mean the rental rate then in effect for comparable Class “A” office properties in the Kirkland/I-405 Corridor office market, of comparable size, quality and location, at the commencement of the Option Termextension period, whereupon Lessor giving appropriate consideration to annual rental rates per rentable square foot, the type of escalation clauses (including, without limitation, operating expenses, real estate taxes), the extent of liability under the escalation clauses (e.g. whether determined on a “net lease” basis or by increase over a particular base year or base dollar amount), abatement provisions reflecting free rent and/or no rent during a certain period, brokerage commissions, if any, length of lease term, size and Lessee shall attempt location of premises being leased, building standard work letter and/or tenant improvement allowances, if any, and any other tenant concessions then being offered in the marketplace. 2.7.3 If Landlord and Tenant cannot agree on the Fair Market Rental Rate within thirty (30) calendar days of receipt by Landlord of the notice of intent to agree upon exercise the FRV. If the parties are unable option to agree upon the FRV prior to the end of such monthextend, then within ten Landlord shall, no more than fifteen (1015) calendar days thereafter each partythereafter, at its cost and by giving notice to the other party, shall appoint a select an independent M.A.I. real estate appraiser or real estate broker (certified in the State of Washington) with at least ten (10) years full-time industrial appraisal experience in the Central Puget Sound, Washington commercial real estate market, who shall prepare a written market report of the Fair Market Rental Rate using the assumptions described in this paragraph. The market report shall be completed and Southern Orange County area delivered to appraise Tenant and determine such FRVLandlord within fifteen (15) calendar days from the date Landlord selects the appraiser/broker. Such appraiser/broker’s determination of Fair Market Rental Rate shall be determinative unless Tenant disputes it as provided in the next sentence. If a party does not appoint an appraiser Tenant disputes such determination, Tenant shall within fifteen (15) calendar days following delivery of the market report, deliver to Landlord written notice (a) that Tenant disputes such determination, and (b) of the identity of the appraiser/broker selected by Tenant meeting the qualifications set forth in this paragraph. The appraiser/broker selected by Tenant shall submit his market report of the Fair Market Rental Rate using the assumptions described in this paragraph within fifteen (15) calendar days following the delivery of Tenant’s notice to Landlord disputing the initial market report. If the two market reports are within five percent (5%) of each other (based on the higher number), the Fair Market Rental Rate shall be the average of the two appraisers/brokers’ determination of fair market rent. If not, then within ten (10) calendar days after the other party has given notice delivery of the name of its appraisersecond market report, the single appraiser appointed two appraisers/brokers shall be appoint a third appraiser/broker meeting the sole appraiser and shall qualifications set the FRV. If there are two appraisers appointed by the parties as stated forth in this paragraph, they and the third appraiser/broker shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section deliver his decision within ten (10) calendar days after following his selection and acceptance of the last day market report assignment. The third appraiser/broker shall be limited in authority to selecting, in this opinion, which of the two appraisers are given to earlier market report determinations best reflects the Fair Market Rental Rate under the assumptions set the FRVforth in this paragraph. If The third appraiser/broker must choose one of the two appraisers earlier determination, and, upon doing so, the third appraiser/broker’s determination shall be the controlling determination of the Fair Market Rental Rate. Each party shall pay the costs and fees of the appraiser/broker it selected; if a third appraiser/broker is selected, the party whose determination is not selected to be the Fair Market Rental Rate by said third appraiser/broker shall pay all of said appraiser/broker’s costs and fees. 2.7.4 Notwithstanding anything herein to the contrary, if Tenant and Landlord are unable to agree on the third appraiserFair Market Rental Rate within twenty (20) calendar days after Tenant’s election to exercise its option to extend hereunder, either provided that at least six (6) months remain after the expiration of the parties 20 day period before the expiration of the initial Lease Term, Tenant shall have the right to this Lease, by giving ten (10) days notice elect to revoke and terminate its election to exercise its option to extend the Lease Term up to the other party, can apply date that is six (6) months prior to the then president expiration date of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRVinitial Lease Term. If a majority of Tenant elects to revoke its election to exercise its option as set forth in the appraisers are unable to set the FRVpreceding sentence, the FRV Tenant shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)remain liable for any appraisal/broker fees it incurred under subparagraph 2.7.3 above.

Appears in 1 contract

Sources: Triple Net Lease (HouseValues, Inc.)

Option to Extend. Lessee shall have one (a) Subject to the provisions of section 60 below, Landlord hereby grants to Tenant the option to extend ("Extension OptionOption to Extend") to extend the Term term of this Lease for a one (1) period of five years(5) years ("Option Term*). The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option to Extend must be exercised exercised, if at all, by written notice in writing of such exercise, delivered ("Option Notice" received by Lessee to Lessor, Landlord not later than 6 months one hundred eighty (180) days and not earlier than two hundred seventy (270) days prior to the end expiration of the Terminitial term of this Lease. Provided that Tenant has properly exercised an Option to Extend, the term of this Lease shall be extended for five (5) years and all of the terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except that the Annual Basic Rental shall be modified as set forth in subsection (b) below. (b) The Base Rent Annual Basic Rental payable for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant an amount equal to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair market rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Leaseas determined herein, such FRV being determined commencing at but shall in no event be less than the beginning Annual Basic Rental payable for the last month of the month which is two basic term of the Lease. Landlord shall determine the fair market rental value of the Premises by using its best good faith judgment. Such fair market rental value shall be determined by Landlord in accordance with the projected (2) months prior to the commencement of such Option to Expand) prevailing market rentals for similar space in Class "A" commercial office buildings in the Orange County Airport marketplace. in determining such fair market rental value, Landlord shall specifically exclude any consideration of Tenant's occupancy or use of the Premises in place as of the end of the term. Landlord shall use its best efforts to deliver to Tenant written notice of such fair market rental value and the new Annual Basic Rental applicable to such Option Termto Expand within thirty (30) days after Landlord's receipt of an Option-Notice. Tenant shall have fifteen (15) days ("Tenant's Review Period") after receipt of Landlord's notice of such new Annual Basic Rental to reasonably object thereto in writing. In the event Tenant objects to such new Annual Basic Rental submitted by Landlord, whereupon Lessor Landlord and Lessee Tenant shall attempt in good faith to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree new Annual Basic Rental within fifteen (15) days after following Tenant's Review Period (the second *Outside Agreement Date"), then each party's determination shall be submitted to arbitration in accordance with Paragraph (C) hereof. Failure of Tenant to so object in writing within such period shall conclusively be deemed its approval of the new Annual Basic Rental determined by Landlord as set forth above. (i) Landlord and Tenant shall each appoint one arbitrator who shall by profession be a real estate appraiser has who shall have been appointed, they active over the five (5) year period ending on the date of such appointment in the appraisal of commercial properties in the Orange County Airport Marketplace. Each such arbitrator shall attempt to elect a third appraiser meeting the qualifications stated in this section be appointed within ten thirty (1030) days after the last day the Outside Agreement Date. (ii) The two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties arbitrators so appointed shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within within fifteen (15) days after of the selection date of the appointment of the Last appointed arbitrator agree upon and appoint a third arbitrator who shall be qualified under the same criteria set forth hereinabove for qualification of the initial two arbitrators. (iii) Landlord and Tenant shall each submit a figure for the new Annual Basic Rental for the Premises to the appointed arbitration. The determination of the arbitrators shall be limited solely to the issue of whether Landlord's or Tenant's submitted new Annual Basic Rental for the Premises is the closest to the actual new Annual Basic Rental for the Premises as determined by the arbitrators, taking into account the requirements of Paragraph (b) and this Paragraph (C) regarding same. (iv) The three arbitrators shall within thirty (30) days of the appointment of the third appraiserarbitrator reach a decision as to whether the parties shall use Landlord's or Tenant's submitted new Annual Basic Rental, a and shall notify Landlord and Tenant thereof. Such decision shall be based upon the projected prevailing fair market rental for similar space in Class "A" commercial office buildings in the Orange County Airport Marketplace. (v) The decision of the majority of the appraisers three arbitrators shall set be binding upon Landlord and Tenant. (vi) If either Landlord or Tenant fails to appoint an arbitrator within the FRV. time period in Paragraph (c)(I) hereinabove, the arbitrator appointed by one of them shall reach a decision, notify Landlord and Tenant thereof, and such arbitrator's decision shall be binding upon Landlord and Tenant. (vii) If the two arbitrators fail to agree upon and appoint a majority third arbitrator, both arbitrators shall be dismissed and the matter to be decided shall be forthwith submitted to arbitration under the provisions of the appraisers are unable American Arbitration Association. (viii) In the event that the new Annual Basic Rental is not established prior to set end of the FRVinitial term of the Lease or the Option Term then in effect, the FRV Annual Basic Rental immediately payable at the commencement of such Option Tenn shall be the two closest appraisals (unless Annual Basic Rental payable in the appraisals are equidistantimmediately preceding month. Notwithstanding the above, once the fair market rental is determined in which caseaccordance with this section, the middle appraisal Tenant shall be required to pay to Landlord, with the FRV)next payment of rental due hereunder, the aggregate amount by which such fair market rental for such month and all prior months during the Option Term exceeds the aggregate Annual Basic Rental paid to Landlord for such months pursuant to this subsection.

Appears in 1 contract

Sources: Consent to Sublease (2themart Com Inc)

Option to Extend. Lessee Provided that (a) there is not then in existence an Event of Default and (b) there have not been more than two (2) Events of Default during the period of the preceding two (2) years with respect to any obligations of Tenant under this Lease (including, without limitation, the payment of any Rent under this Lease), in each case both at the time of exercise of the Renewal Option, as hereinafter defined, in question, and at the commencement of the Renewal Period, as hereinafter defined, and (c) Tenant is then in occupancy of the entire eighth (8th) floor portion of the Demised Premises at the time of exercise of the Renewal Option, as hereinafter defined, and at the time of the commencement of the Renewal Period, as hereinafter defined, in question, Tenant shall have one (1) option (the "Extension Renewal Option") to extend the Term of this the Lease for a one (1) additional five (5) year period (the "Renewal Period") after the expiration of five yearsthe initial Term. The Extension Renewal Option may shall be exercised exercisable only in by written notice given by Tenant to Landlord not later than twelve (12) months, nor earlier than twenty (20) months, prior to the expiration of the initial Term. In the event that Lessee is Tenant does not timely exercise the Renewal Option, said Renewal Option shall be null and void and of no further force or effect, time being of the essence in default under this Lease upon the exercise of the Renewal Option and it being acknowledged and agreed by Tenant that Landlord shall be entitled to rely on any failure by Tenant to give written notice of its exercise of its Renewal Option by the date of exerciseset forth herein for such exercise thereof. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all All terms and conditions of this LeaseLease shall be applicable during the Renewal Period except that the amount of Base Rent charged for each Renewal Period shall be the then "Prevailing Market Rent", which shall be the rent for comparable office space in comparable buildings in Washington, D.C. for renewal tenants, taking into account, among other things, such FRV concessions, improvements, allowances, the Base Year, the annual escalator and abatements, if any, as are then being determined commencing at the beginning of the month which is two (2) months prior offered by landlords offering such comparable space in comparable buildings to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRVrenewal tenants. If within thirty (30) days following delivery of Tenant's notice, Landlord and Tenant have not mutually agreed on the parties are unable to agree upon Prevailing Market Rent for the FRV prior to the end of such monthRenewal Period in question, then within ten (10) days thereafter after the expiration of such thirty-day period, each party, at its cost and by giving party shall give written notice to the other setting forth the name and address of a Broker (as hereinafter defined) selected by such party who has agreed to act in such capacity, to determine the Prevailing Market Rent. If either party shall fail to select a Broker as aforesaid, the Prevailing Market Rent shall be determined by the Broker selected by the other party. Each Broker shall thereupon independently make his determination of the Prevailing Market Rent within twenty (20) days after the appointment of the second Broker. If the two Brokers' determinations are not the same, but the higher of such two values is not more than one hundred five percent (105%) of the lower of them, then the Prevailing Market Rent shall be deemed to be the average of the two values. If the higher of such two values is more than one hundred five percent (105%) of the lower of them, then the two Brokers shall jointly appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience third Broker [which such Broker has not been previously engaged by Landlord or Tenant in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser immediately preceding five (5) years] within ten (10) days after the other party has given notice second of the name two determinations described above has been rendered. The third Broker shall independently make his determination of its appraiser, the single appraiser appointed Prevailing Market Rent within twenty (20) days after his appointment. The highest and the lowest determinations of value among the three Brokers shall be disregarded and the sole appraiser and remaining determination shall set be deemed to be the FRVPrevailing Market Rent. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen Within thirty (1530) days after the second appraiser has been appointedPrevailing Market Rent is determined as aforesaid, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of execute an amendment to this Lease setting forth the cost of appointing new Rent to be paid for the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Renewal Period.

Appears in 1 contract

Sources: Lease Agreement (Lecg Corp)

Option to Extend. Lessee shall have one option ("Extension Option") to extend the Term of this Lease for a period of five years. The the Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exerciseTerm. The Extension Option must be exercised by irrevocable notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end August 31, 2014. The Extension Option shall terminate automatically upon: (1) any termination of the TermLease; and (2) execution of a Qualifying Sublease. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to at the Section 4.1)end of the Term, or (ii) 95100% of the "FRV"Fair Market Value, which shall escalate 3% annually. The "FRV" “Fair Market Value” means the then fair rental market value being charged for a five-year lease with annual 3% adjustments for similar premises in the vicinity of the PremisesPremises for a renewal tenant (“Vicinity Rents”). In determining Fair Market Value based on Vicinity Rents, presuming all terms (A) the parties shall take into consideration, without limitation: the cost, if any, of parking; and conditions of this Lease, such FRV being determined commencing at the beginning comparable age and quality of the month which is two premises, traffic, access and area amenities; and (2B) months prior to the commencement parties shall specifically not take into consideration and shall not reduce the Fair Market Value because of, any of the Option Termfollowing, whereupon if applicable: brokerage commissions saved by Lessor; or the absence of any unleased periods of time; moving allowances. Lessor and Lessee shall reasonably and in good faith attempt to agree upon on the FRVFair Market Value beginning March 1, 2015. If the parties are unable to agree upon the FRV Fair Market Value prior to the end of such monthby March 31, 2015, then within ten (10) five days thereafter each party, at its cost and by giving notice to the other party, shall appoint a an independent M.A.I. real estate appraiser with at least ten (10) five years full-full time industrial commercial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRVFair Market Value. If a party does not appoint an appraiser within ten (10) such five days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRVFair Market Value. If there are two appraisers appointed by the parties as stated in this paragraphherein, they shall met meet promptly and attempt to set the FRVFair Market Value. If the two appraisers are unable to agree within fifteen (15) 10 days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the above qualifications stated in this section within ten (10) 10 days after the last day the two appraisers are given to set the FRVFair Market Value. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days 10 days’ notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the Orange County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-one half of the cost of appointing the third appraiser and of paying the third appraiser's ’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) 15 days after the selection of the third appraiser, a majority of the appraisers shall set the FRVFair Market Value after having been instructed to comply with the provisions of (A) and (B) above. If a majority of the appraisers are unable to set the FRVFair Market Value, the FRV Fair Market Value shall be the average of the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRVFair Market Value). The Extension Option may be exercised by Lessee during any uncured Lessee defaults, and the period for exercise shall not be extended for any cure periods.

Appears in 1 contract

Sources: Standard Industrial/Commercial Multi Tenant Lease (Quantum Fuel Systems Technologies Worldwide Inc)

Option to Extend. Lessor hereby grants Lessee shall have one an option ("Extension Option") to extend the Term term of this the Lease for a one additional period of five years. The Extension Option may be exercised only in years commencing immediately after the event that Lessee is not in default under this Lease expiration of the term of the Lease, upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercisesame terms and conditions contained herein, delivered by Lessee to Lessor, not later than 6 months prior to except that the end of the Term. The Base Rent for the Option Term Premises shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant equal to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged market base rent for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at . Lessee must exercise the beginning of option granted herein on or before the month which date that is two six (26) months prior to the expiration of the initial term of the Lease. In the event Lessee fails to timely exercise the option granted herein, Lessee shall have no right to extend the term of the Lease. If Lessee properly exercises the option granted herein, references in the Lease to the "term" shall be deemed to mean the option term unless the context clearly provides otherwise. a. If Lessee properly exercises its option to extend the term of the Lease, the Rent during the option term shall be determined in the following manner. The Rent shall be adjusted to an amount equal to the fair market base rent for the Premises as of the commencement of the Option Termoption term for a term equal to the option term, whereupon as specified by Lessor and by notice to Lessee not less than sixty (60) days prior to commencement of the option term, subject to Lessee's right of arbitration as set forth below. If Lessee believes that the fair market base rent specified by Lessor exceeds the actual fair market base rent for the Premises as of commencement of the option term, then Lessee shall attempt to agree upon the FRVso notify Lessor within ten (10) business days following receipt of Lessor's notice. If the parties are unable to agree upon the FRV prior to fair market base rent for the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser Premises within ten (10) days after the other party has given Lessor's receipt of notice of the name of its appraiserLessee's objection, the single appraiser appointed amount of base rent as of commencement of the option term shall be determined as follows: (1) Within twenty (20) days after receipt of Lessor's notice specifying fair market base rent, Lessee, at its sole expense, shall obtain and deliver in writing to Lessor a determination of the sole appraiser fair market base rent for the Premises for a term equal to the option term from a broker ("Lessee's Broker") licensed in the State of Illinois and shall set engaged in the FRVindustrial brokerage business in the City of Addison (and surrounding areas) for at least the immediately preceding five (5) years. If there are two appraisers appointed Lessor accepts such determination, the Rent for the option term shall be adjusted to an amount equal to the amount determined by Lessee's Broker. (2) If Lessor does not accept such determination, within fifteen (15) days after receipt of the parties determination of Lessee's Broker, Lessor shall designate a broker ("Lessor's Broker") licensed in the State of Illinois and engaged in the industrial brokerage business in the City of Addison (and surrounding areas) for at least the immediately preceding five (5) years. Lessor's Broker and Lessee's Broker shall name a third broker, similarly qualified, within five (5) days after the appointment of Lessor's Broker. Each of said three brokers shall determine the fair market base rent for the Premises as stated in this paragraph, they shall met promptly and attempt of the commencement of the option term for a term equal to set the FRV. If option term of the two appraisers are unable to agree Lease within fifteen (15) days after the second appraiser has been appointedappointment of the third broker. The Rent payable by Lessee effective as of the commencement of the option term shall be increased to an amount equal to the arithmetic average of such three determinations; provided, they however, that if any such broker's determination deviates more than 10% from the median of such determinations, the Rent payable shall attempt be an amount equal to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day average of the two appraisers are given to set closest determinations. (3) Lessor shall pay the FRVcosts and fees of Lessor's Broker in connection with any determination hereunder, and Lessee shall pay the costs and fees of Lessee's Broker in connection with such determination. If the two appraisers are unable to agree on the The costs and fees of any third appraiser, either of the parties to this Lease, broker shall be paid one- half by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear Lessor and one-half by Lessee. b. If the amount of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has fair market base rent is not previously acted in any capacity for either party. Within fifteen (15) days after the selection known as of the third appraiser, a majority commencement of the appraisers option term, then Lessee shall set continue to pay the FRV. If a majority Rent in effect at the expiration of the appraisers are unable initial term until the amount of the fair market base rent is determined. When such determination is made, Lessee shall pay to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Lessor any deficiency upon demand.

Appears in 1 contract

Sources: Industrial Building Lease (Simpson Manufacturing Co Inc /Ca/)

Option to Extend. Lessee 15.1 So long as Equinix or an Affiliate as defined herein is the Tenant hereunder and occupies the entirety of the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant or such Affiliate shall have one (1) option ("Extension Option") to extend the Lease Term with respect to the entirety of this Lease the Leased Premises (the "Option"), for a period of five years. (5) years from the expiration of the initial Lease Term (the "Extension Period"), subject to the following conditions: (a) The Extension Option may shall be exercised only in the event that Lessee is personal to Equinix or an Affiliate as defined herein and shall not in default under this Lease upon the date be transferable, and shall be exercised, if at all, by written notice of exercise. The Extension Option must be exercised exercise given to Landlord by notice in writing of Tenant or such exercise, delivered by Lessee to Lessor, Affiliate not later more than 6 twelve (12) months nor less than six (6) months prior to the end expiration of the initial Lease Term. The Base Rent ; (b) Anything herein to the contrary notwithstanding, if Landlord determines within a period of forty-five (45) days from the date Landlord receives Tenant's or an Affiliate's notice of exercise ("Landlord's Election Period"), that Landlord will utilize all or any portion of the Leased Premises for Landlord's own use, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate the Option as to all of the Leased Premises, at Landlord's sole option, upon forty-five (45) days written notice to Tenant or such Affiliate; and (c) Anything herein to the contrary notwithstanding, if Tenant is in default under any of the terms, covenants or conditions of this Lease, either at the time Tenant exercises the Option or on the commencement date of the Extension Period, 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. 15.2 In the event the Option is exercised in a timely fashion and Landlord does not elect to terminate pursuant to clauses (b) or (c) above, the Lease shall be extended for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% term of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity Extension Period upon all of the Premises, presuming all terms and conditions of this Lease, such FRV being provided that the Base Monthly Rent for the Extension Period shall be the "Fair Market Rent" for the Leased Premises, increased as set forth below. For purposes hereof, "Fair Market Rent" shall mean the Base Monthly Rent reasonably determined commencing at pursuant to the beginning process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the month which is two (2) months prior to Base Monthly Rent for the commencement Leased Premises below the amount due from Tenant for the preceding portion of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRVinitial Lease Term for which Base Monthly Rent had been fixed. If the parties are unable to agree upon the FRV prior to At the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser Lease Year coinciding with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice first 12 month period of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).Extension Period,

Appears in 1 contract

Sources: Sublease (Equinix Inc)

Option to Extend. (A) Lessor grants to Lessee shall have one (1) option ("Extension Option") to extend the Term term of this the Lease for a period of five years. The (5) years (the "Extension Option may be exercised only in the event Period"), provided Lessee exercises such option as set forth below, and provided further that Lessee is not in default Material Default under this Lease upon either on the date Lessee notifies Lessor of exerciseits intent to exercise this option or at any time thereafter up to and including the date upon which the Extension Period is to commence. The Extension Option must be exercised Lessee may exercise this option to extend only by serving on Lessor written notice in writing of such exercise, delivered by Lessee its intent to Lessor, not exercise this option no later than 6 months prior June 30, 2005, nor earlier than January 1, 2005. (B) Within thirty (30) days after the date Lessor receives Lessee's notice, if such notice is timely and properly given, Lessor shall deliver to Lessee Lessor's determination of what Monthly Rent under the end Lease should be as of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option TermExtension Period as well as any escalation formula of Monthly Rent applicable during the Extension Period; Lessor's statement of the initial Monthly Rent shall be based upon Lessor's reasonable determination of what the Net Effective Market Rental Rate (as hereinafter defined) will be as of the commencement of the Extension Period as well as its determination of the then applicable Market Escalator (as hereinafter defined). For sixty (60) days following the date Lessor delivers its determination of these business terms to Lessee, whereupon Lessor and Lessee will attempt in good faith to reach mutual agreement on the these business terms under which Lessor is willing to lease to Lessee and Lessee is willing to lease from Lessor the Demised Premises for the Extension Period. The initial Monthly Rent for the Extension Period shall be based upon one hundred percent (100%) of the Net Effective Market Rental Rate for the Demised Premises as of the commencement of the Extension Period. The Monthly Rent during the Extension Period shall continue to be subject to annual adjustment and escalation, but such adjustment and escalation shall be based upon the then prevailing mechanism for effectuating periodic escalation of base rent in the market place for office leases in the central business district of the District of Columbia (the "Market Escalator"). Additional rent for Operating Expenses, Operating Costs and Real Estate Taxes as set forth in the Section of this Lease entitled, "OPERATING EXPENSES, OPERATING COSTS AND REAL ESTATE TAXES, " shall continue uninterrupted from the initial term of the I-ease through the Extension Period, except that the Base Year (as such term is defined in that Section) shall become calendar year 2007. All other terms and provisions of the Lease shall remain in full force and effect during the Extension Period, except that Lessee shall have no further option to extend the term of the Lease. (C) In the event Lessor and Lessee are unable to agree within said sixty (60) day period upon the Net Effective Market Rental Rate for the Demised Premises as of the commencement of the Extension Period in order to determine the initial Monthly Rent for the Extension Period or upon the then prevailing Market Escalator, then the Net Effective Market Rental Rate as of the commencement of the Extension Period upon which the initial Monthly Rent for the Extension Period will be based, the Market Escalator, or both shall be determined by a board of three (3) licensed real estate brokers. Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten each appoint one (101) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser broker within ten (10) days after the other party has given notice expiration of the name of its appraisersixty (60) day period, the single appraiser or sooner if mutually agreed upon. The two so appointed shall select a third within fifteen (15) days after they both have been appointed. Each broker on said board shall be licensed in the sole appraiser District of Columbia as a Real Estate Broker, specializing in the field of commercial leasing in the central business district having no less than ten (10) years experience in such field, and shall set the FRVrecognized as ethical and reputable within his or her field. If there are two appraisers appointed by the parties as stated in this paragraphEach broker, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointedthird broker is selected, they shall attempt to elect a third appraiser meeting submit his or her determination of the qualifications stated in this section within ten (10) days after Net Effective Market Rental Rate as of the last day commencement of the Extension Period. -Net Effective Market Rental Rate shall be the mean of the two appraisers are given to set closest rental rate determinations, and the FRVinitial Monthly Rent for the Extension Period shall be based upon the Net Effective Market Rental Rate. If the two appraisers are unable three broker method is used to agree on determine the third appraiserMarket Escalator, either of then the parties to this Lease, method identified by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers brokers as the prevailing method of effectuating escalation of base rent in the market place shall set become the FRV. If a majority of Market Escalator during the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Extension Period.

Appears in 1 contract

Sources: Office Lease (Hagler Bailly Inc)

Option to Extend. Lessee shall have one Upon expiration of the primary term of this Lease, ----------------- Tenant is granted an option ("Extension Option") to extend the Term term of this Lease for a period one (1) additional one hundred twenty (120) month period, (an "extension term") upon the same terms and conditions as are included in this Lease, subject, however, to renegotiation of five yearsthe rent provided in paragraph 4 of this Lease. The Extension Option primary term and the extension terms will be collectively referred to in this Lease as the "term." Tenant shall notify Landlord within not less than one hundred twenty (120) days prior to the expiration of the primary term of this Lease or prior to the expiration of each extension term of Tenant's exercise of its option to extend this Lease, provided that in the circumstances described in paragraph 13, the options to extend the term may be exercised only earlier as provided in paragraph 13, and if the option to extend is exercised earlier as provided in paragraph 13, nevertheless, the rental payable as provided in paragraph 4 shall be determined at the time and in the event that Lessee is not manner provided in default under paragraph 4 and this Lease paragraph 3. During the following sixty (60) day period, Tenant and Landlord shall negotiate and arrive at an agreement or disagreement of the amount of rent to be paid during the applicable extension term. If Landlord and Tenant agree upon the date of exercise. The Extension Option must rent to be exercised by notice in writing of such exercisepaid during the applicable extension term, delivered by Lessee to Lessor, not later than 6 months prior to Landlord and Tenant shall at the end of the Term. The Base Rent sixty (60) day period enter into a new written lease or an amendment agreement setting forth the amount of rental Tenant shall be required to pay pursuant paragraph 4 for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant applicable extension term and any other additional terms to the Section 4.1), or (ii) 95% of the "FRV"which Landlord and Tenant have agreed. The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms If Tenant and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt Landlord fail to agree upon the FRVrent to be paid during the applicable extension term during the sixty (60) day period of negotiations, a fair market appraisal comparison of comparable properties will be completed by an independent party upon which the Landlord and Tenant may use to negotiate the amount of rent to be paid during the applicable extension term. If the parties are unable Tenant and Landlord fail to agree upon the FRV prior rent to be paid during the end applicable extension term during the sixty (60) day period of such monthnegotiations, then within ten (10) days thereafter each partyeither Landlord or Tenant may, at its cost and by giving written notice to the other partyparty given within the ensuing thirty (30) day period, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in elect to invoke the Central and Southern Orange County area arbitration provisions of this Lease to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed rent Tenant shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt required to set the FRV. If the two appraisers are unable pay pursuant to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, paragraph 4 for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)applicable extension term.

Appears in 1 contract

Sources: Lease Agreement (Rightnow Technologies Inc)

Option to Extend. Lessee (a) Landlord hereby grants Tenant a single option to extend the initial Term of the Lease for an additional period of five (5) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall have one option be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Extension OptionElection Notice") to extend exercise the Term of this Lease for a period of five years. The Extension Option may To Extend must be exercised only given to Landlord in the event that Lessee is not in default under this Lease upon writing no earlier than the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not which is twelve (12) months before the Expiration Date and no later than 6 the date which is nine (9) months prior to the end Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the Terminitial Term of the Lease. The Base Rent for Tenant's leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in the Lease except that (i) the Monthly Base Rent and, if applicable, the Operating Expenses Base Year, the Taxes Base Year and parking charges pursuant to the Lease shall be amended to equal the "Option Term Rent", defined and determined in the manner set forth in the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder; (iii) Tenant shall accept the Premises in its "as is" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the greater of (i) the Monthly Base Rent then and parking charges payable by Tenant under this Lease calculated at the rate applicable for the last full month of the initial Term, with Rent Adjustments based upon the Operating Expenses Base Year and Taxes Base Year as defined in effect Section 1.03 (as periodically adjusted pursuant to the Section 4.1)collectively, "Preceding Rent") or (ii) 95% of the "FRVPrevailing Market Rent". The "FRV" means As used herein Prevailing Market Rent shall mean the then fair rental value being charged rent and all other monetary payments and escalations, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for similar premises in a term equal to the vicinity Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following: the size, location and floor levels of the Premises; the type and quality of tenant improvements; age and location of the Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, presuming all terms other monetary payments and conditions escalations obtainable for new leases of space comparable to the Premises in the Project and in comparable class A office buildings in downtown Walnut Creek, California, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for "Tenant Concessions" (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the preceding sentence, the term "Tenant Concessions" shall include, without limitation, so-called free rent, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the foregoing criteria shall be made by Landlord, in the good faith exercise of Landlord's business judgment. Within thirty (30) days after Tenant's exercise of the Option To Extend, Landlord shall notify Tenant of Landlord's determination of Option Term Rent for the Premises. If Landlord's determination of Prevailing Market Rent is greater than the Preceding Rent, and if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the exercise of the option by giving written notice thereof to Landlord within thirty (30) days after notice of Landlord's determination of Prevailing Market Rent. (e) This Option to Extend is personal to BRE and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this LeaseSection with respect to the Option to Extend, such FRV being determined commencing with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (i) Tenant's failure to timely exercise the Option to Extend in accordance with the provisions of this Section. (ii) The existence at the beginning time Tenant exercises the Option to Extend or at the commencement of the month Option Term of any default on the part of Tenant under the Lease or of any state of facts which is two with the passage of time or the giving of notice, or both, would constitute such a default. (2iii) months Tenant's third default under the Lease prior to the commencement of the Option Term, whereupon Lessor notwithstanding that all such defaults may subsequently be cured. In the event of Landlord's termination of the Option to Extend pursuant to this Section, Tenant shall reimburse Landlord for all costs and Lessee shall attempt expenses Landlord incurs in connection with Tenant's exercise of the Option to agree upon the FRV. If the parties are unable Extend including, without limitation, costs and expenses with respect to agree upon the FRV prior any brokerage commissions and attorneys' fees, and with respect to the end design, construction or making of such monthany tenant improvements, then within ten (10) days thereafter each party, at its cost and by giving notice repairs or renovation or with respect to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice any payment of all or part of any allowance for any of the name foregoing. (g) Without limiting the generality of its appraiserany provision of the Lease, the single appraiser appointed time shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties essence with respect to this Lease, by giving ten (10) days notice to the other party, can apply to the then president all of the County Real Estate Board, or to the presiding judge provisions of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Section.

Appears in 1 contract

Sources: Office Lease (Velocityhsi Inc)

Option to Extend. Lessee 30.1 Tenant shall have one the option ("Extension Option") to extend the Lease Term for two additional periods of this Lease for a period of five years. The 36 months each (each an “Extension Option may be exercised only Term”), on the same terms and conditions as provided in the Lease, except that, for each Extension Term: 30.1.1 Upon exercise of the second option to extend the Lease Term, the Lease, as extended, shall not contain any further option to extend as provided in this article; 30.1.2 If Tenant does not timely exercise its option as to the first Extension Term, the option as to the second Extension Term shall terminate; 30.1.3 The Base Rent shall be determined as set forth below, but in no event that Lessee is not shall it be less than the Base Rent payable for the 12 month period immediately preceding the expiration of the original term of the Lease; and 30.1.4 Landlord shall have no obligation to perform any alterations or tenant improvements or other work in default under the Premises and Tenant shall continue possession of the Premises in its “as is,” “where is,” and “with all faults” condition. 30.2 The exercise of the options set forth in this Lease upon article shall only be effective on, and in strict compliance with, the date following terms and conditions: 30.2.1 Each notice of exercise. The Tenant’s exercise of the option (the “Extension Option must Notice”) shall be exercised given by notice in writing of such exercise, delivered by Lessee Tenant to Lessor, not Landlord no earlier than 15 months and no later than 6 twelve months prior to the end expiration date of the initial Lease Term or the expiration date of the preceding Extension Term, as the case may be. Time shall be of the essence as to the exercise of any election by Tenant under this article. 30.2.2 At the time of Tenant giving Landlord notice of its election to extend the Lease Term and on the expiration of the then term, the Lease shall be in full force and effect and Tenant shall not be in default under any of the terms, covenants, and conditions of the Lease beyond any applicable grace period. 30.2.3 No portion of the Premises is sublet to anyone at the expiration date of the Lease Term. 30.2.4 The Lease has not been assigned by Tenant at the expiration date of the Lease Term. 30.3 The Base Rent shall be a sum equal to the fair market rental value of the Premises for the Extension Term, taking into account the rentals at which extensions or renewals of leases are being concluded for comparable space in the Building Project and in comparable buildings in the Deerfield Beach, Florida area at that time and for such a term and taking into account the terms and conditions of the Lease and anticipated inflation during the extended term (the “Fair Market Rental Value” or the “Value”). 30.3.1 Within 30 days after receipt of the Extension Notice, Landlord shall advise Tenant of the applicable Base Rent for the Option Term shall be Extension Term. Tenant, within 30 days after the greater date that Landlord advises Tenant of (i) the applicable Base Rent then in effect for the Extension Term, shall either (as periodically adjusted pursuant to the Section 4.1)a) give Landlord final binding notice (“Binding Notice”) of Tenant’s exercise of its option, or (iib) 95% if Tenant disagrees with Landlord’s determination of the "FRV"Fair Market Rental Value, provide Landlord with notice of rejection (the “Rejection Notice”). The "FRV" means If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within the then fair rental value being charged for similar premises in the vicinity 30 day period, Tenant’s election of the Premisesoption to extend the Lease Term shall, presuming all at Landlord’s option, be null and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into an amendment to the Lease extending the Lease Term on the terms and conditions of this Leasesubsection. 30.3.2 If Tenant provides Landlord with a Rejection Notice, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor Landlord and Lessee Tenant shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience work together in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable good faith to agree on the third appraiserFair Market Rental Value for the Premises during the Extension Term. On agreement, either Landlord and Tenant shall enter into an amendment to the Lease extending the Lease Term in accordance with the terms and conditions of this subsection. If Landlord and Tenant cannot agree on the Value within 30 days after receipt of the parties Rejection Notice, Tenant’s election to this Lease, by giving ten (10) days notice extend the Lease Term shall be deemed withdrawn and Tenant’s right to extend the other party, can apply Lease Term shall be null and void and of no further force and effect. 30.4 All options to extend the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated Lease Term as set forth in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, article shall be a person who has not previously acted null and void if Landlord and Tenant enter into any agreement extending the Lease Term on terms different than those set forth in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)this article.

Appears in 1 contract

Sources: Lease (Health Benefits Direct Corp)

Option to Extend. Lessee (a) Landlord hereby grants Tenant a single option to extend the initial Term of the Lease for an additional period of four (4) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall have one option be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Extension OptionElection Notice") to extend exercise the Option To Extend must be given to Landlord in writing no earlier than the date which is fifteen months (15) months before the Expiration Date and no later than the date which is twelve (12) months before the Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the initial Term of this Lease for a period of five yearsthe Lease. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end Tenant's leasing of the Term. The Base Rent for Premises during the Option Term shall be upon and subject to the same terms and conditions contained in the Lease except that (i) the Monthly Base Rent, plus payment of Tenant's Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant's obligation) shall be amended to equal the "Option Term Rent", defined and determined in the manner set forth in the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in its "AS-IS" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the greater of (i) the Monthly Base Rent then in effect (as periodically adjusted payable by Tenant under this Lease calculated at the rate applicable for the last full month of the initial Term, plus payment of Tenant's Share of Operating Expenses pursuant to the Section 4.1)Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant's obligation) (collectively, "Preceding Rent") or (ii) 95% of the "FRVPrevailing Market Rent". The "FRV" means As used in this Rider Prevailing Market Rent shall mean the then fair rental value being charged rent and all other monetary payments, escalations and triple net payables by Tenant, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for similar premises in a term equal to the vicinity Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following: the size, location and floor levels of the Premises; the type and quality of tenant improvements; age and location of the Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, presuming all terms other monetary payments and conditions escalations obtainable for new leases of space comparable to the Premises in the Project and in comparable buildings in the mid-Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for "Tenant Concessions" (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the preceding sentence, the term "Tenant Concessions" shall include, without limitation, so-called free rent, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the foregoing criteria shall be made by Landlord, in the good faith exercise of Landlord's business judgment. Within thirty (30) days after Tenant's exercise of the Option To Extend, Landlord shall notify Tenant of Landlord's determination of Option Term Rent for the Premises. If Landlord's determination of Prevailing Market Rent is greater than the Preceding Rent, and if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the exercise of the option by giving written notice thereof to Landlord within thirty (30) days after notice of Landlord's determination of Prevailing Market Rent. (e) This Option to Extend is personal to NetObjects and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this LeaseSection with respect to the Option to Extend, such FRV being determined commencing with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (i) Tenant's failure to timely exercise the Option to Extend in accordance with the provisions of this Section. (ii) The existence at the beginning time Tenant exercises the Option to Extend or at the commencement of the month Option Term of any default on the part of Tenant under the Lease or of any state of facts which is two with the passage of time or the giving of notice, or both, would constitute such a default. (2iii) months Tenant's third default under the Lease prior to the commencement of the Option Term, whereupon Lessor notwithstanding that all such defaults may subsequently be cured. In the event of Landlord's termination of the Option to Extend pursuant to this Section, Tenant shall reimburse Landlord for all costs and Lessee shall attempt expenses Landlord incurs in connection with Tenant's exercise of the Option to agree upon the FRV. If the parties are unable Extend including, without limitation, costs and expenses with respect to agree upon the FRV prior any brokerage commissions and attorneys' fees, and with respect to the end design, construction or making of such monthany tenant improvements, then within ten (10) days thereafter each party, at its cost and by giving notice repairs or renovation or with respect to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice any payment of all or part of any allowance for any of the name foregoing. (g) Without limiting the generality of its appraiserany provision of the Lease, the single appraiser appointed time shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties essence with respect to this Lease, by giving ten (10) days notice to the other party, can apply to the then president all of the County Real Estate Board, or to the presiding judge provisions of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Section.

Appears in 1 contract

Sources: Lease Agreement (Netobjects Inc)

Option to Extend. Lessee Tenant shall have one an option to extend this Lease for an additional term ("Extension Option"hereinafter referred to as “First Extended Term”) of five (5) years commencing immediately upon the expiration of the initial term of this Lease and terminating at the end of the 59th calendar month after the month in which the First Extended Term begins, provided that Tenant proceeds strictly in accordance with the provisions of this Section XLVIII. During the month of June, 2017, Tenant shall advise Landlord in writing that Tenant wishes to extend the term of this Lease for the First Extended Term. If at the time Landlord receives Tenant’s Extension Notice this Lease is in full force and effect without default on the part of the Tenant beyond any notice and applicable cure period, then, during the month of July, 2017, Landlord shall notify Tenant in writing of the Rent pursuant to Section IV of the Lease which shall be due for the First Extended Term. The Rent specified by Landlord shall be that which the Landlord projects will be the fair market rent as of the commencement of the First Extended Term, but in no event less than Eleven and Fifteen one-hundredths Dollars ($11.15) per rentable square foot. Within three (3) weeks after Landlord has given Tenant notice of the Rent pursuant to Section IV of this Lease for the First Extended Term in accordance with the terms hereof, Tenant shall notify Landlord whether or not it agrees to pay such rent. If Tenant shall agree in writing to pay such rent, then this Lease shall be extended for the First Extended Term without the execution of any additional documents, and each and every term and condition of this Lease shall apply during the First Extended Term except only that the rent specified in Section IV of this Lease during the First Extended Term shall be that agreed upon by Landlord and Tenant, and the phrase “term of this Lease” shall be construed to mean the First Extended Term of this Lease. If Tenant shall not agree in writing to pay such rent, this Lease shall terminate as provided in Section III of this Lease and Tenant shall vacate the premises on or before such date in accordance with the provisions of this Lease, unless Tenant shall have advised Landlord in writing within three (3) weeks of Landlord’s notice that Tenant exercises its right to submit the determination of rent for the First Extended Term to the arbitration process described hereinafter. Within the first thirty (30) days after Tenant’s election to submit the issue to arbitration, Landlord and Tenant shall each select an independent real estate broker, who must have at least ten years experience in the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ to render a written opinion of the rent under Section IV which shall be due during the First Extended Term, which written opinions shall set forth the fair market rent for comparable premises in the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (taking into consideration relevant concessions and costs provided for and incident to comparable transactions) and shall be rendered within the next thirty (30) day period. If the rental rates set forth in the two opinions are within ten percent (10%) of each other, the average of the two amounts shall be the rent for the First Extended Term; if the rental rates set forth in the two opinions are not within ten percent (10%) of each other, the two independent real estate brokers shall select a third real estate broker, with the same experience qualification described herein who within the next thirty (30) days shall select which of the two initial amounts shall constitute the fair market rent for the First Extended Term. Whether the rental rate is that determined by the average of the two opinions, or by the third real estate broker, that determination shall be conclusive and binding upon Landlord and Tenant, and the lease shall be extended for the First Extended Term without the execution of any additional documents, provided that in no event however shall the rent under Section IV during the First Extended Term be less than Eleven and Fifteen one-hundredths Dollars ($11.15) per rentable square foot. If Tenant shall fail to give Landlord written notice in June, 2017 as hereinbefore specified, Tenant shall no right to extend this Lease for the First Extended Term, and this Lease shall terminate as provided in Section III of this Lease and Tenant shall vacate the premises on or before such date in accordance with the provisions of this Lease. Tenant shall have an option to extend this Lease for an additional term (hereinafter referred to as “Second Extended Term”) commencing immediately upon the expiration of the First Extended Term hereof and continuing for a period of 59 months, provided that Tenant proceeds strictly in accordance with the provisions of this Section XLVIII. During the month of June 2022, Tenant shall advise Landlord in writing that Tenant wishes to extend the term of this Lease (hereinafter referred to as “Tenant’s Second Extension Notice”). If at the time Landlord receives Tenant’s Second Extension Notice this Lease is in full force and effect without default on the part of the Tenant beyond any notice and applicable cure period, then, during the month of July, 2022, Landlord shall notify Tenant in writing of the Rent pursuant to Section IV of the Lease which shall be due for the Second Extended Term. The Rent specified by Landlord shall be that which the Landlord projects will the fair market rent as of the commencement of the Second Extended Term, but in no event less than the Rent due pursuant to Section IV of this Lease during the last year of the First Extended Term of this Lease for a period per rentable square foot. Within three (3) weeks after Landlord has given Tenant notice of five years. The Extension Option may be exercised only in the event that Lessee is not in default under Rent pursuant to Section IV of this Lease upon for the date of exerciseSecond Extended Term, Tenant shall notify Landlord whether or not it agrees to pay such rent. The Extension Option must be exercised by notice If Tenant shall agree in writing of to pay such exerciserent, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent then this Lease shall be extended for the Option Second Extended Term without the execution of any additional documents, and each and every term and condition of this Lease shall apply during the Second Extended Term except only that the rent specified in Section IV of this Lease during the Second Extended Term shall be that agreed upon by Landlord and Tenant, and the greater phrase “term of (i) this Lease” shall be construed to mean the Base Rent then Second Extended Term of this Lease. If Tenant shall not agree in effect (as periodically adjusted pursuant writing to pay such rent, this Lease shall terminate on termination date of First Extended Term and Tenant shall vacate the Section 4.1), premises on or (ii) 95% of before such date in accordance with the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions provisions of this Lease, such FRV being determined commencing unless Tenant shall have advised Landlord in writing within three (3) weeks of Landlord’s notice that Tenant exercises its right to submit the determination of rent for the Second Extended Term to the arbitration process described hereinafter. Within the first thirty (30) days after Tenant’s election to submit the issue to arbitration, Landlord and Tenant shall each select an independent real estate broker, who must have at least ten years experience in the beginning ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ to render a written opinion of the month rent under Section IV which is two (2) months prior to shall be due during the commencement of the Option Second Extended Term, whereupon Lessor which written opinions shall set forth the fair market rent for comparable premises in the ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (taking into consideration relevant concessions and Lessee costs provided for and incident to comparable transactions) and shall attempt to agree upon be rendered within the FRVnext thirty (30) day period. If the parties rental rates set forth in the two opinions are unable to agree upon the FRV prior to the end of such month, then within ten percent (10%) days thereafter of each partyother, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice average of the name of its appraiser, the single appraiser appointed two amounts shall be the sole appraiser rent for the Second Extended Term; if the rental rates set forth in the two opinions are not within ten percent (10%) of each other, the two independent real estate professionals shall select a third real estate broker, with the same experience qualification described herein who within the next thirty (30) days shall select which of the two initial amounts shall constitute the fair market rent for the Second Extended Term. Whether the rental rate is that determined by the average of the two opinions, or by the third real estate broker, that determination shall be conclusive and binding upon Landlord and Tenant, and the lease shall set be extended for the FRVSecond Extended Term without the execution of any additional documents, provided that in no event shall the rent under Section IV during the Second Extended Term be less than the per rentable square foot rent during the last year of the First Extended Term. If there are two appraisers appointed by Tenant shall fail to give Landlord written notice in June, 2022 as hereinbefore specified, Tenant shall no right to extend this Lease for the parties as stated in Second Extended Term, and this paragraph, they Lease shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree terminate on the third appraiser, either termination date of the parties to First Extended Term and Tenant shall vacate the premises on or before such date in accordance with the provisions of this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Lease Agreement (Ade Corp)

Option to Extend. Lessee shall have one option ("Extension Option") Landlord grants to Tenant two options to extend the Term term of this Lease lease for a period of five three years each subject to all terms and conditions herein contained except this paragraph, paragraph 47 - Tenant Improvements, and monthly rental which shall be determined as set forth below. In order to exercise this option, Tenant must have performed all the covenants and obligations of Tenant herein and at least six months before the ending date of the initial term of this lease or of the first extended term of three years, must have delivered to Landlord written notice of the exercise of this option. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon As of the date of exerciseexercise by Tenant of its option to extend, the monthly base rental for the Extended Term of three years shall be subject to negotiation between the Landlord and Tenant. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not Not later than 6 five (5) full calendar months prior to the end expiration date of the Initial Term. The Base Rent for , or of the Option Term extended term as the case may be, Landlord and Tenant shall be the greater of (i) the Base Rent then in effect (meet and endeavor to agree between themselves as periodically adjusted pursuant to the Section 4.1), or (ii) 95% fair market base monthly rental of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity premises, as of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Extended Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable able to agree on such fair market base monthly rental, said base monthly rent shall be the rental for the premises during the Extended Term. In the event the parties fail to agree upon said amounts for the FRV Extended Term, at least four (4) full calendar months prior to commencement thereof, the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to base monthly rental for the other partyExtended Term, shall be determined by appraisal in the manner hereafter set forth. In the event it becomes necessary under this subparagraph to determine the fair market base monthly rental of the premises by appraisal, Landlord and Tenant, no later than three (3) full calendar months prior to commencement of the Extended Term, each shall appoint a an experienced real estate appraiser with at least ten five (105) years full-time industrial appraisal experience in the Central leasing of industrial office property in the general vicinity of the premises. The two appraisers so selected shall each determine the fair market base monthly rental for the premises taking into account the value of the property and Southern Orange County area comparable prevailing rentals including escalations for a three (3)year term in that area. Such appraisers shall, within twenty (20) business days after their appointment, complete their appraisals and submit their appraisal reports to appraise Landlord and determine such FRVTenant. If a party does not appoint an appraiser the fair market monthly base rental of the premises established in the two (2) appraisals varies by ten percent (10%) or less of the higher rental, the average of the two shall be controlling. If said fair market monthly base rental varies by more than ten percent (10%) of the higher rental, said appraisers, within ten (10) days after the other party has given notice submission of the name last appraisal, shall appoint a third appraiser who shall also meet the qualifications set forth above. Such third appraiser shall, within twenty (20) business days after his appointment, determine by appraisal the fair market monthly base rental of its appraiserthe-premises, taking into account the same factors referred to above, and submit his appraisal report to Landlord and Tenant. The fair market monthly base rental determined by the third appraiser for the premises shall be controlling, unless it is less than that set forth in the lower appraisal previously obtained, in which case the value set forth in said lower appraisal shall be controlling, or unless it is greater than that set forth in the higher appraisal previously obtained, in which case the base rental set forth in said higher appraisal shall be controlling. If either Landlord or Tenant fails to appoint an appraiser or if an appraiser appointed by either of them fails, after his appointment, to submit his appraisal within the required period in accordance with the foregoing, the single appraisal submitted by the other appraiser appointed shall be the sole appraiser and shall set the FRVcontrolling. If there are two appraisers appointed by the parties as stated in The term "fair market monthly base rental" used for all purposes of this paragraph, they shall met promptly include escalation over the three year term. The cost of all appraisals under this subparagraph shall be borne equally by Landlord and attempt Tenant. Upon determination of the fair market base monthly rental by appraisal, the parties hereto shall immediately execute an addendum to this Lease stating the fair market base monthly rental so determined. In the event of exercise of the option to extend, the security deposit shall continue to be held under the provisions of the lease, to be returned to Tenant to the extent therein set the FRV. If the two appraisers are unable to agree forth, within fifteen (15) 30 days after the second appraiser termination of the extension period and vacation of the premises by Tenant. It is agreed that this Option to Extend is personal to Tenant, and has been appointedgranted because of specific use of the premises by Tenant and agreements in the lease concerning Tenant's improvements. In the event this lease is assigned or sublet to any third party or entity other than to successor tenant as defined by paragraph 24 (f), they this Option to Extend shall attempt be null and void. Landlord and Tenant have executed and delivered this Lease as of the date first hereinabove set forth. LANDLORD TENANT ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇. and Olivetti Advanced Technology ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ Center, Inc. /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇. /s/ ▇.▇. ▇▇▇▇▇▇▇ ___________________________ By ______________________ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇. /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ __________________________ Printed ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ ▇.▇. ▇▇▇▇▇▇▇ Name: _____________________ Treasurer/Controller Title: ______________________ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ By: ________________________ Printed Name:______________________ Title: ______________________ ADDENDUM ONE TO LEASE AGREEMENT dated by and between ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇. and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ as Landlord, and OLIIVETTI ADVANCED TECHNOLOGY CENTER, INC., as Tenant MODIFICATIONS, ADDITIONS AND AMENDMENTS TO LEASE The provisions of this Addendum One shall modify, amend and be in addition to elect the provisions of the Lease. Where the provisions of this Addendum One are inconsistent with the provisions of the Lease, the provisions of this Addendum One shall govern. 1. Tenant has inspected the premises and accepts the premises in "As Is" condition with the following exceptions: 1) The roof shall be inspected by a third appraiser meeting reputable roofing contractor selected by Landlord and approved by Tenant, which approval shall not be unreasonably withheld. Repairs recommended by this inspection to place the qualifications stated roof in good condition prior to the lease commencement date shall be accomplished with the cost to be borne by Landlord. 2) The HVAC equipment on the roof shall be inspected by a reputable HVAC contractor selected by Landlord and approved by Tenant, which approval shall not be unreasonably withheld. Repairs or replacements recommended by this section within inspection to place this equipment in good condition prior to the lease commencement date shall be accomplished with the cost to be borne by Landlord. 2. Tenant may for the purpose of installing Tenant Improvements, occupy the Premises prior to the Commencement date of the Lease (Early Occupancy) on February 1, 1995. If Tenant Improvements are completed prior to the Lease Commencement date, Tenant may occupy the premises and carry on its business. Said Early Occupancy shall be under all terms and provisions of this lease except that no Base rent and Additional Rent shall be payable for this period. Prior to February 1, 1995, subject to the approval of Diamond Computer Systems, Tenant shall have reasonable access to the Premises for the purpose of architectural and engineering planning. 3. Landlord warrants and represents to Tenant that to the best of Landlord's knowledge on the date this Lease is executed there is no asbestos on the Premises. Tenant shall not bring nor permit asbestos to be brought onto the Premises. 4. In the event Tenant wishes to install additional air conditioning or other equipment on the roof, Tenant shall furnish an engineer's report certifying that the structural integrity of the roof and roof covering will not be adversely affected by the proposed addition. 5. Notwithstanding the provisions of Paragraph 22 of the Lease to the contrary, in the event Landlord elects to repair or restore the Premises and such repair or restoration is reasonably estimated by Landlord to require more than one hundred eighty (180) days from the date of destruction, Landlord shall notify Tenant and Tenant shall have ten (10) days after receipt of such notice to elect to terminate the last day the two appraisers are given Lease by giving written notice of such election to set the FRVLandlord. If Tenant so elects to terminate the two appraisers are Lease, such termination shall be effective as of (i) if Tenant is in possession of the Premises following such damage or destruction, the date Tenant surrenders possession of the Premises to Landlord following Tenant's election to terminate the Lease or (ii) if Tenant is unable to agree on occupy the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser Premises following such damage and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRVdestruction, the FRV shall be date on which the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)damage or destruction occurred.

Appears in 1 contract

Sources: Sublease (MMC Networks Inc)

Option to Extend. In the event and on the condition that Lessee shall have one has timely performed each and every, all and singular of the terms, covenants, and conditions of this Lease on Lessee's part to be performed, then Lessor hereby grants to Lessee the option ("Extension Option") to extend the Term term of this Lease for a period two (2) consecutive five (5) year periods commencing when the prior term expires upon each and all of five years. The Extension Option may be exercised only in the event that following terms and conditions: Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee give to Lessor, not later than 6 months and Lessor actually receives, on a date which is prior to the end date that option period would commence (if exercised) by at least four (4) months and not more that seven (7) months, a written notice of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% exercise of the "FRV". The "FRV" means the then fair rental value option to extend this Lease for said additional term, time being charged for similar premises in the vicinity of the Premisesessence. If said notification of the exercise of said option is not so given and received, presuming all this option shall automatically expire. All of the terms and conditions of this Lease, such FRV being determined commencing Lease except where specifically modified by this option shall apply. The initial base rent for the option period shall be ninety-five percent (95%) of the prevailing market rate at the beginning time of the month which is two (2) months prior to the commencement of the Option Termoption period, whereupon for comparable office space within the general market area. The term 'fair market rental rate' as used in this Addendum shall mean the annual amount per rentable square foot, projected during the relevant period, that a willing, comparable, non-equity tenant (excluding sublease and assignment transactions) would pay, and willing, comparable landlord of a comparable quality office building located in the Anaheim Stadium area ('Comparison Area') would accept, at arm's length (what Lessor is accepting in current transactions for the building may be considered), for space comparable in size, quality and floor height as the lease area at issue taking into account the age, quality and layout of the existing improvements in the leased area at issue and taking in account items that professional real estate brokers customarily consider, including but not limited to, rental rates, office space availability, tenant size, tenant improvement allowances, operating expenses and allowance, parking charges and any other lease economics than being considered by Lessor or the lessors of such similar office buildings. Lessor's determination of fair market rental rate shall be delivered to Lessee in writing not later than thirty (30) days following Lessor's receipt of Lessee's Extension Notice. Lessee will have thirty (30) days ('Lessee's Review Period') after receipt of Lessor's notice of the fair market rental rate within which to accept such fair market rental rate or to object thereto in writing. Lessee's failure to object to the fair market rental rate submitted by Lessor in writing within Lessee's Review Period will conclusively be deemed Lessee's approval and acceptance thereof. if Lessee objects to the fair market rental rate submitted by Lessor within Lessee's Review Period, then Lessor and lessee will attempt in good faith to agree upon such fair market rental rate using their best good faith efforts. if Lessor and Lessee shall attempt fail to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of reach agreement on such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser fair market rental rate with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after following the second appraiser has been appointedexpiration of Lessee's Review Period (the 'Outside Agreement Date'), they shall attempt then each party's determination will be submitted to elect a third appraiser meeting appraisal in accordance with the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)provisions below.

Appears in 1 contract

Sources: Standard Office Lease (Orange National Bancorp)

Option to Extend. Lessee shall have one option ("Extension Option") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee Provided Tenant is not in default under this Lease (beyond applicable notice and cure periods) and has not been in default in the payment of recurring monthly payments of Base Rent, AP Rent, Tenant's Electricity Cost and/or Tenant's Share of the Estimated Excess (beyond applicable notice and cure periods, as set forth in SECTION 19.1.1, below) under this Lease more than three (3) times in the prior twelve month period, at the time it exercises the option or at commencement of the applicable Option Term, Tenant shall have the right and option to extend this lease ("Option to Extend") for two additional option periods of three years each (each, an "Option Term") upon the date same terms and conditions herein set forth except that the Base Rent shall be adjusted in accordance with SECTION 4 of exercisethe Summary. The Extension To exercise its Option to Extend, Tenant must be exercised by give Landlord notice in writing of such exercise, delivered by Lessee sent so as to Lessor, be received at least twelve (12) months but not later more than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of eighteen (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (218) months prior to the commencement expiration of the initial Lease Term or the then current Option Term, whereupon Lessor as applicable. At Landlord's election, Tenant's exercise of its Option(s) shall be void and Lessee shall attempt of no effect if Tenant is in default under this Lease (beyond applicable notice and cure periods) or has been in default of any monetary obligation (beyond applicable notice and cure periods) under this Lease more than three times in the prior twelve month period on the date it exercises its Option(s) to agree upon Extend or on the FRVexpiration of the Lease Term or Option Term immediately preceding such Option Term, as applicable. If the parties are unable to agree upon the FRV prior Notwithstanding anything to the end contrary, in no event shall Tenant be allowed to exercise an Option to Extend if Tenant has assigned the Lease to a Transferee other than pursuant to SECTION 14.7, below, or if the Tenant and/or its Affiliates are not in possession of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten forty-five percent (1045%) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name Premises (free of its appraiserany subleases, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraphother than subleases pursuant to SECTION 14.7, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRVbelow).

Appears in 1 contract

Sources: Office Lease (3com Corp)

Option to Extend. Lessee Tenant shall have one (I) option ("Extension Option") to extend the Lease Term of this Lease for a period of five years(5) years (the "Extension Period"). The Extension Option may be exercised only in Tenant must provide written notice of its intent to extend the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee Term to Lessor, not later than 6 Landlord twelve (12) months prior to the end expiration of the Lease Term. If Tenant exercises such ` option, The Base Rent for the Option Term Extension Period shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged market rent for similar premises first class office space in the vicinity Lowell/Chelmsford area, but not less than the current Base Rent. Within 30 days after receiving such notice from Tenant, Landlord shall give written notice to Tenant of Landlord's determination of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRVFair Market Rent. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost Landlord and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers Tenant are unable to agree on the third appraiserFair Market Rent within such 30-day period, either the Fair Market Rent shall be determined according to the following procedures: (a) At any time after such 30-day period, Landlord and Tenant each shall have the right, by written notice (a "Notice of Arbitration") to the other, to demand arbitration of the parties calculation of the Fair Market Rent. The party demanding arbitration (the "first party") shall appoint an arbitrator in the Notice of Arbitration. Within seven days after the Notice of Arbitration is given, the other party (the "second party") shall by notice to this Leasethe first party appoint a second arbitrator. If the second party fails to appoint a second . arbitrator within such seven-day period, the position taken by giving ten the first party shall be deemed to be the correct determination of the Fair Market Rent. (10b) Within seven days after the designation of the second arbitrator, Landlord and Tenant shall submit their respective positions with respect to the determination of the Fair Market Rent to the two arbitrators. Within fourteen days after the designation of the second arbitrator, the two arbitrators shall conduct such hearings and investigations as they deem appropriate, and each shall give written notice to the other partyand Landlord and Tenant of its determination the Fair Market Rent. If one (and only one) arbitrator fails to give such notice within such fourteen-day period, can apply to the then president other arbitrator's determination shall be the Fair Market Rent. If the greater of such determinations is not more than five percent greater than the lesser of such determinations, the Fair Market Rent shall be the average of the County Real Estate Boardtwo such determinations. (c) If the Fair Market Rent is not determined in accordance with the immediately preceding paragraph, or to the presiding judge two arbitrators shall, within such 3.0 days after the designation of the Superior Court second arbitrator, designate a third arbitrator. If the two arbitrators fail to agree upon the designation of the Countya third arbitrator within such 30-day period, for then they or either of them shall give notice of such failure to agree to Landlord and Tenant within such 30-day period. If Landlord and Tenant fail to agree upon the selection of a third appraiser meeting arbitrator within seven days after the qualifications stated in this section. Each arbitrators give such notice, then either party on behalf of both may apply to the president of the parties Greater Boston Real Estate Board. or, on his or her failure, refusal or inability to act, to a court of competent jurisdiction, for the designation of such third arbitrator. (d) Within seven days after the designation of the third arbitrator, Landlord and Tenant shall bear submit their respective positions with respect to the determination of the Fair Market Rent to the third arbitrator. Within fourteen days after the designation of the third arbitrator, the third arbitrator shall conduct such hearings and investigations as he or she may deem appropriate and shall give written notice to .Landlord and Tenant of its determination of the Fair Market Rent. If the greatest of the determinations of the three arbitrators is more than ten percent greater than the middle such determination, then, such greatest determination shall be disregarded. If the least of the determinations of the three arbitrators is more than ten percent less than the middle such determination, then such least determination shall be disregarded. If the greatest and least such determinations are both disregarded, the middle such determination shall be the Fair Market Rent; otherwise, the Fair Market Rent shall be the average of any such determinations not so disregarded. (e) All arbitrators shall be qualified real estate professionals who shall have had at least ten years of experience appraising first-class buildings substantially similar to the Building in the Lowell/Chelmsford area Landlord and Tenant shall each be entitled to present evidence to the arbitrators in support of their respective positions. The arbitrators shall not make any determination inconsistent with the terms of thus Lease. The arbitrators shall not have the power to add to, modify or change any of the provisions of this Lease. The determination of the arbitrators) shall be conclusive and shall have the same force as a judgment in a court of competent jurisdiction. Judgment on the determination made by the arbitrator(s) under the foregoing provisions may be entered in any court of competent jurisdiction. (f) Each party shall pay the fees, costs and expenses of the arbitrator appointed by such party and of the attorneys and expert witnesses of such party and one-half of the cost other fees, costs and expenses of appointing arbitration properly incurred under this Lease. (g) If the third appraiser and Fair Market Rent shall not be determined before the end of paying the third appraiser's fee. The third appraiserinitial Lease Term, however selectedthen, as of the beginning of the Extension Period, Tenant shall be a person who has not previously acted continue to pay Base Rent at the rate in any capacity for either partyeffect under this Lease during the last year of the initial Lease Term until the Fair Market Rent is determined in accordance with this Section 3.4. Within fifteen (15) 30 days after such determination, Tenant shall pay to Landlord the selection difference, if any, between (i) the Base Rent, as determined in accordance with this Section 3.4, due under this Lease during the period from the commencement of the third appraiser, a majority Extension Period until the date of such payment and (ii) the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Base Rent actually paid by Tenant during such period.

Appears in 1 contract

Sources: Lease (Datawatch Corp)

Option to Extend. Lessee (a) Landlord hereby grants Tenant a single option to extend the initial Term of the Lease for an additional period of five (5) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall have one option be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Extension OptionElection Notice") to extend exercise the Term of this Lease for a period of five years. The Extension Option may To Extend must be exercised only given to Landlord in the event that Lessee is not in default under this Lease upon writing no earlier than the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not which is two hundred and seventy (270) days before the Expiration Date and no later than 6 months the date which is one hundred and eighty (180) days prior to the end Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the Terminitial Term of the Lease. The Base Rent for Tenant's leasing of the Premises during the Option Term shall be upon and subject to the greater of same terms and conditions contained in the Lease except that (i) the Base Basic Annual Rent then in effect (as periodically adjusted pursuant to the Section 4.1)Lease shall be amended to equal the "Option Term Basic Annual Rent", or defined and determined in the manner set forth in the immediately following Subsection; (ii) 95% the Security Deposit shall not be reduced; (iii) Tenant shall accept the Premises in its "as is" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be no further option or right to extend the term of the "FRV"Lease. The "FRV" means If Tenant timely and properly exercises the then fair rental value being charged for similar premises Option To Extend, references in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior Lease to the commencement of Term shall be deemed to mean the initial Term as extended by the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (Term unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)context clearly requires otherwise.

Appears in 1 contract

Sources: Lease Agreement (Advanced Polymer Systems Inc /De/)

Option to Extend. Lessor hereby grants to Lessee the option to extend the term of the Lease for one (1) additional five (5) year period (“Option”), commencing when the then current term expires upon each and all of the following conditions: A. In order to exercise the Option, Lessee must give written notice pursuant to the Lease of such election to Lessor and Lessor must receive the same at least one hundred eighty (180) days prior to the date that the option period would commence, time being of the essence. If proper notification of the exercise of the Option is not given, Lessee shall have one option ("Extension Option") no further or additional right to extend the term of the Lease. B. Except for the provisions of the Lease granting this option to extend the term, all of the terms and conditions of this Lease except where specifically modified by this option to extend shall apply. This option to extend is personal to the Lessee and its affiliates. C. The Base Rent in effect at the expiration of the last month of the Term of this Lease shall be adjusted to reflect the then-current fair market rental for a period of five years. The Extension Option may be exercised only comparable space in the event that Lessee is not Building or Project and in default under other similar buildings in the same rental market, taking into account the specific provisions of this Lease upon which will remain constant, and the date Building amenities, location, identity, quality, age, condition, term of exerciselease, tenant improvements, services provided, and other pertinent items (“Adjusted Base Rent”). The Extension Option must In no event shall the Adjusted Base Rent be exercised by notice less than the Base Rent in writing effect at the expiration of such exercisethe then current term of the Lease. Lessor shall advise Lessee of the Adjusted Base Rent for the Premises for the renewal term based on Lessor’s reasonable determination of fair market rental value, delivered by Lessee to Lessor, not no later than 6 months ninety (90) days prior to the end of the Termthen current term of this Lease. The Lessor and Lessee shall negotiate in good faith to agree on the fair market rental value of the Premises for the renewal term. If Lessee and Lessor are unable to agree on a mutually acceptable rental rate for any such increase period within thirty (30) days after notification by Lessor to Lessee of Lessor’s reasonable determination of the Adjusted Base Rent for the Option Term shall be increase period, but in any even no later than the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month date which is two sixty (260) months days prior to the commencement expiration of the Option Termthen current term, whereupon then on or before such date Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a licensed real estate appraiser broker with at least ten (10) years full-time industrial appraisal year’s experience in leasing industrial space in the Central area in which the Building is located to act as arbitrators. The two (2) arbitrators so appointed shall determine the fair market rental value for the Premises for the increase period based on the above criteria and Southern Orange County area each shall submit his or her determination of such fair market rental value to appraise Lessor and determine such FRVLessee in writing, within thirty (30) days after appointment. If the two (2) arbitrators so appointed cannot agree to the fair market rental value for the increase period within such 30 day period, the two (2) arbitrators shall within five (5) days thereafter appoint a party does not appoint an appraiser within third arbitrator who shall be a licensed real estate broker with at least ten (10) days after year’s experience in leasing industrial space in the other party has given notice of area in which the name of its appraiser, the single appraiser Building is located. The third arbitrator so appointed shall be independently determine the sole appraiser and shall set fair market rental value for the FRV. If there are two appraisers appointed by Premises for the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree increase period within fifteen (15) days after appointment, by selecting from the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting proposals submitted by each of the qualifications stated in this section within ten (10) days after first two arbitrators the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on one that most closely approximates the third appraiser, arbitrator’s determination of such fair market rental value. The third arbitrator shall have no right to adopt a compromise or middle ground or any modification of either of the parties proposals submitted by the first two arbitrators. The proposal chosen by the third arbitrator as most closely approximating the third arbitrator’s determination of the fair market rental value for the increase period shall constitute the decision and award of the arbitrators and shall be final and binding of the parties. Each party shall pay the fees and expenses of the arbitrators appointed by such party and one-half (1/2) of the fees and expenses of the third Second Amendment arbitrator. If either party fails to this Leaseappoint an arbitrator, by giving ten (10) days notice or if either of the first two arbitrators fails to submit his or her proposal of fair market rental value to the other party, can apply to in each case within the time periods set forth above, then president the decision of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, other party’s arbitrator shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)considered final and binding.

Appears in 1 contract

Sources: Lease (Artius Acquisition Inc.)

Option to Extend. Lessee Tenant shall have one option the right to renew the term of this Lease for two ("Extension Option"2) consecutive periods of five (5) years each (the first such 5-year period is sometimes hereinafter referred to extend as the “First Renewal Term”; the second such 5-year period is sometimes hereinafter referred to as the “Second Renewal Term”; and the First Renewal Term and the Second Renewal Term are sometimes hereinafter collectively referred to as the “Renewal Terms” and individually as a “Renewal Term”) on and subject to the following terms and conditions: A. Upon Tenant’s exercise of any Renewal Term and upon the expiration of the Term of this Lease for a period or the First Renewal Term, as applicable, no default by Tenant, of five years. which Landlord has provided written notice to Tenant, has occurred and is continuing beyond any applicable notice and cure period; B. The Extension Option may Renewal Terms shall be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must same terms, covenants and conditions as provided in this Lease; provided that Landlord shall not be exercised by notice in writing of such exerciserequired to provide any free rent, delivered by Lessee to Lessorrent abatement, not later than 6 months prior to the end of the Term. The tenant improvements, allowances, or other concessions, and provided further, that Base Rent for the Option First Renewal Term shall be $2,763,600 per annum ($5.25/ft) and the Base Rent for the Second Renewal Term shall be the greater of (i) the Base Rent then in effect $2,763,600 per annum (as periodically adjusted pursuant to the Section 4.1$5.25/ft), or (ii) 95% of Market Rent (as hereafter defined) for the "FRV". The "FRV" means the then fair rental value being charged for similar premises Premises as determined in the vicinity manner set forth below. Upon determination of the PremisesBase Rent for a Renewal Term, presuming all terms the parties shall execute an amendment to this Lease to establish and conditions evidence such rental rate; C. Tenant shall exercise its right to a Renewal Term by notifying Landlord in writing of this Lease, such FRV being determined commencing at the beginning of the month which is two its election to exercise its right to renew no later than nine (29) months prior to the commencement expiration of the Option initial term of this Lease (or the First Renewal Term, whereupon Lessor as applicable), which notice, in the case of the Second Renewal Term, shall be accompanied by Tenant’s written estimate of the Market Rent applicable to the Second Renewal Term. Tenant’s exercise of an election to renew shall be irrevocable. Within thirty (30) days after receipt of Tenant’s notice and Lessee estimate for the Second Renewal Term, Landlord shall provide Tenant written notice of Landlord’s estimate of Market Rent. If such estimates differ, then Landlord and Tenant shall, for a period of thirty (30) days, attempt to agree upon as to the FRVMarket Rent for such Renewal Term. Any estimate of Market Rent given in a written notice by one party to the other with respect to a Renewal Term shall represent an irrevocable offer which shall be susceptible of acceptance by the other party at any time prior to receipt of the arbiter’s determination as provided below. If Landlord and Tenant do not agree on Market Rent by the parties are unable to agree upon the FRV prior to the end conclusion of such month30-day period, then within ten (10) either party may demand that Market Rent be determined by binding arbitration, in accordance with the following provisions. D. Within 10 days thereafter following a demand for arbitration, each party, at its cost and by giving party shall give written notice to the other partyparty specifying the name, shall appoint a real estate address and professional qualifications of the person designated to act as appraiser with at least ten (10) years full-time industrial appraisal experience in on its behalf. The two appraisers designated by the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser parties shall, within ten (10) days after the other party has given notice designation of the name of its second appraiser, select a third appraiser to act as arbitrator. Each appraiser designated and the single appraiser arbitrator jointly appointed hereunder shall be MAI members of the sole appraiser Appraisal Institute with not less than five (5) years of experience in the appraisal of improved industrial property in the ▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, and be devoting substantially full time to professional appraisal work at the time of appointment, and, with respect to the arbitrator only, be in all respects impartial and disinterested. Neither party shall set engage in any “ex-party” communications with the FRVarbitrator. If there are either party fails to designate its appraiser within the time above specified, or if the two (2) appraisers appointed so designated cannot agree on the selection of the arbitrator within the time above specified, then either party, on behalf of both parties, may request that the President of the metro New York/New Jersey chapter of the Appraisal Institute appoint such arbitrator, and if such President is unavailable or unwilling to make such appointment, then the arbitrator shall be selected by the parties as stated in this paragraph, they New Jersey chapter of the American Arbitration Association. Each party shall met promptly pay the fees and attempt to set expenses of the FRVappraiser designated by such party. If The fees and expenses of the two appraisers are unable to agree within fifteen arbitrator shall be borne equally by both parties. The arbitrator shall render its determination of Market Rent no later than thirty (1530) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either date of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser his appointment and of paying the third appraiser's fee. The third appraiser, however selected, such determination shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after final, binding and conclusive upon the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)parties.

Appears in 1 contract

Sources: Single Tenant Net Lease (Childrens Place Retail Stores Inc)

Option to Extend. Lessee shall have one If the LESSEE is not then in default, LESSOR does ---------------- hereby grant to LESSEE the option ("Extension Option") to extend the Term of this Lease for a period one (1) additional five (5) year term, commencing on the expiration of five yearsthe initial Term upon the same terms and conditions as herein contained except the annual base rent set forth in Paragraph 4 hereof shall be at the fair market rate. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must option shall be exercised by written notice in writing of such exercise, delivered from LESSEE and received by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of LESSOR at least four (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (24) months prior to the commencement expiration of the Option Term, whereupon Lessor initial term. In the event LESSEE gives timely extension notice in accordance with the provisions of this Paragraph 24 and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior as to the end fair market rent within thirty (30) days after the receipt of such monthLESSEE's extension notice, then within ten (10) days thereafter each party, at its cost LESSOR and LESSEE may initiate the appraisal process provided for herein by giving notice to that effect to the other, and the party so initiating the appraisal process (the "Initiating Party") shall specify in such notice the name and address of the person designated to act as an appraiser on its behalf. Within thirty (30) days after the designation of the appraiser, the other party, party (the "Other Party") shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in give notice to the Central Initiating Party specifying the name and Southern Orange County area address of the person designated to appraise and determine such FRV. If a party does not appoint act as an appraiser on its behalf. The two appraisers as chosen shall meet within ten (10) days after the other party has given notice second appraiser is appointed and if, within ten (10) days after the second appraiser is appointed, the two appraisers shall not agree on a fair market rent, then on the second Business Day following the close of such ten (10) day period, the two appraisers shall, within thirty (30) days after the second appraiser is appointed, together appoint a third appraiser. In the event of their being unable to agree upon such appointment within forty (40) days after the appointment of the name of its second appraiser, the single third appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed selected by the parties as stated in this paragraph, themselves if they shall met promptly and attempt to set the FRVcan agree thereon within a further period of fifteen (15) days. If the two appraisers are unable parties do not so agree, then either party, on behalf of both and on notice to agree the other, may request such appointment by the Boston Office of the American Arbitration Association (or successor organization) in accordance with its rules then prevailing. Within five (5) days after the appointment of the third appraiser, the first appraiser and second appraiser shall submit to such third appraiser their respective determinations of the fair market rent as described in the immediately preceding clause. Such third appraiser shall, within fifteen (15) days after the end of such five (5) day period, choose the fair market rent specified by either the first appraiser or the second appraiser has been appointed, they shall attempt to elect a in such submissions and the fair market rent selected by the third appraiser meeting from the qualifications stated in this section within ten (10) days after fair market rents submitted by the last day first appraiser and the two appraisers are given second appraiser shall conclusively be deemed to set be the FRVfair market rent. If Each party shall pay the two appraisers are unable to agree on the third appraiser, either fees and expenses of the parties to this Lease, appraiser selected by giving ten (10) days notice to the other party, can apply to the then president it. The fees and expenses of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and all other expenses (not including the attorney's fees, witness fees and similar expenses of paying the third appraiser's fee. The third appraiser, however selected, parties which shall be a person who has not previously acted in borne equally by the parties thereto) shall be borne equally 50/50 by the parties. Under no circumstances may the appraisers modify or disregard any capacity for either party. Within fifteen (15) days after provision of this Lease and the selection of the third appraiser, a majority jurisdiction of the appraisers is restricted accordingly. The appraisers shall set include the FRVfair market rent such cost escalators as are then customary and appropriate. If Fair Market Rental Value is intended to be calculated in a majority fair and comprehensive manner so that Landlord shall achieve, and Tenant shall pay based upon, an amount which is no less than the same net rental which Landlord would actually receive upon a re-letting of the appraisers are unable applicable space in an arms'-length transaction to set an unrelated third party tenant where neither party is under any compulsion or undue influence. Fair Market Value shall not include alterations or improvements made to the FRVLeased Premises at LESSEE's expense during the initial Lease Term. In the event LESSOR or LESSEE initiates the appraisal process pursuant to this Paragraph and as of the commencement of the Extension Term the amount of the fair market rent has not been determined, LESSEE shall pay the FRV amount specified by the LESSOR's appraiser, and when such determination has been made, it shall be retroactive as of the two closest appraisals (unless commencement date of the appraisals are equidistant, in which case, the middle appraisal Extension Term and any excess shall be credited by LESSOR to LESSEE as against the FRV)next monthly Base Rent payment or payments.

Appears in 1 contract

Sources: Lease (Giga Information Group Inc)

Option to Extend. Lessee (a) So long as Biolase, Inc. is the Tenant hereunder and occupies the entirety of the Leased Premises (subject to the assignment provisions contained in Article 7 herein), and subject to the conditions set forth in clauses (i) and (ii) below of this subparagraph (a), Tenant shall have one (1) option ("Extension Option") to extend the Term term of this Lease with respect to the entirety of the Leased Premises, for a period of five years. (5) years from the expiration of the initial, unextended Lease Term (the “Extension Term”), subject to the following conditions: (i) The Extension Option may option to extend shall be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised exercised, if at all, by notice in writing of such exercise, delivered exercise given to Landlord by Lessee to Lessor, Tenant not later more than 6 twelve (12) months nor less than nine (9) months prior to the end expiration of the initial, unextended Lease Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or ; and (ii) 95% Anything herein to the contrary notwithstanding, if Tenant is in default under any of the "FRV". The "FRV" means terms, covenants or conditions of this Lease, either at the then fair rental value being charged for similar premises in time Tenant exercises the vicinity extension option or on the commencement date of the PremisesExtension Term, presuming Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the option to extend upon notice to Tenant. (b) In the event the option is exercised in a timely fashion, the Lease shall be extended for the Extension Term upon all of the terms and conditions of this Lease, such FRV being determined commencing at provided that the beginning of Base Monthly Rent for the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed Extension Term shall be the sole appraiser and “Fair Market Rent” for the Leased Premises. For purposes hereof, “Fair Market Rent” shall set mean the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice Base Monthly Rent determined pursuant to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)process described below.

Appears in 1 contract

Sources: Lease Agreement (Biolase, Inc)

Option to Extend. Lessee shall have one option ("Extension Option") 40.1 Landlord grants to Tenant the right to extend the Term term of this Lease for a one (1) period of five years. The Extension Option may be exercised only (5) years under the same terms and conditions existing in the event that Lessee is not original Lease except as set forth in default under this Article 40. Tenant shall exercise such right to extend the term of this Lease upon the date of exercise. The Extension Option must be exercised by written notice in writing of such exercise, delivered by Lessee to Lessor, not Landlord no later than 6 twelve (12) months prior to the end of the Termoriginal term. 40.2 Basic Annual Rent shall be adjusted on the first day of the extension term to an amount equal to the fair market rental value of the Premises as of the commencement of the extension term, but in no event less than one hundred three percent (103%) of the Basic Annual Rent payable during the last year of the original 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. The Base Rent for 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 Option Term 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 greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% arithmetic average of the "FRV"two appraisals. The "FRV" means If Tenant's appraisal is more than five percent (5%) less than Landlord's appraisal, the then two appraisers shall appoint a third appraiser to appraise the fair market rental value being charged for similar premises 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, but in no event less than one hundred three percent (103%) of the Basic Annual Rent payable during the last year of the original term. 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 vicinity appraisal of commercial and industrial real property in the UTC/Torrey Pines/Sorrento Valley areas of San Diego, and shall be member▇ ▇▇ ▇▇▇▇▇▇▇ional 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 the Premises, presuming as of the commencement of the 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 Premise 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, such FRV being including, without limitation, that 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 commencing at until after the beginning effective date of the month which is two (2) months prior 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 as of the commencement of the Option Termextension term as determined under this Article 40 (and as previously increased each year of the extension term pursuant to this Section 40.7) shall be increased each year of the extension term by three percent (3%). The first such increase shall become effective commencing with that monthly rental installment which is first due on or after the sixth (6th) anniversary of the Term Commencement Date and subsequent increases shall become effective on the same day of each calendar year thereafter for so long as this Lease continues in effect. 40.8 Tenant shall not have the right to exercise the option to extend the term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior notwithstanding anything set forth above to the end 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 such month, then within ten this Lease and continuing until the default alleged in said notice is cured; (10b) days thereafter each party, at its cost and by giving notice to During the other party, shall appoint a real estate appraiser with at least ten (10) years full-period of time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree commencing on the third appraiser, either of day after a monetary obligation to Landlord is due from Tenant and unpaid without any necessity for notice thereof to Tenant and continuing until the parties to this Lease, by giving ten obligation is paid; or (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Sublease Agreement (Amylin Pharmaceuticals Inc)

Option to Extend. Lessee 30.1 At the natural expiration of the term of this Sublease, Sublessor shall have one the right to possession of the Subleased Premises and shall be entitled to occupy same for the remaining three (3) years of term left on the Lease. 30.2 In the event Sublessor does not require the use of the Subleased Premises, Sublessee shall have the option ("Extension Option") to extend the Term term of this Lease for a period of five years. The Extension Option may be exercised only in the event Sublease provided that Lessee (i) Sublessee is not in default under of this Sublease beyond any applicable cure periods; and (ii) Sublessee has not subleased or assigned any portion of the Subleased Premises (without Landlord’s prior written consent) at the time of its exercise, Sublessor hereby grants to Sublessee one (1), three (3) year option to extend the term of the Lease upon (“Option to Extend”). Said Option to Extend shall not be for any period beyond the natural expiration date of the Lease. Sublessee shall be required to give Sublessor not more than nine (9) and not less than six (6) full calendar months advance written notice (from the date that the Option period would commence) of exercise. The Extension its intent to exercise the Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the TermExtend. The Base Rent for during the Option Term period shall be at the greater then prevailing fair market value plus reasonable annual increases but in no event less than $2.28 per RSF plus fifty percent (50%) of (i) all Operating Expense Increases charged to Sublessor in accordance with the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV"Lease. The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement exercise of the Option Term, whereupon Lessor and Lessee to Extend by Sublessee shall attempt not automatically entitle Sublessee to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, any tenant improvement or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)refurbishment allowance.

Appears in 1 contract

Sources: Sublease Agreement (MPLC, Inc.)

Option to Extend. Lessee A. Provided that Tenant is not in default under this Lease at the time of exercise of the hereinafter described option or at the time of termination of the then existing term of this Lease, as the case may be, Tenant shall have one (1) option ("Extension Option") to extend the Term term of this Lease for a period of five years(5) years (the "Option Term"). The Extension Option may Said option shall be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by written notice in writing of such exercise, delivered by Lessee to Lessor, Landlord not later than 6 months one hundred eighty (180) days prior to the expiration date of the then existing term of this Lease. In all respects, the terms, covenants and conditions of this Lease shall remain unchanged during the Option Term, except that the Monthly Installment of rent payable during the Option Term, which shall be determined in accordance with Subparagraph B and C below, and except that there shall be no further option to extend the term of this Lease at the end of the Option Term. . B. The Base Rent for Monthly Installment of rent payable during the Option Term shall be the greater of ninety-five percent (i95%) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means fair market rental for the then fair rental value being charged for similar premises in the vicinity Premises as of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning first day of the Option Term (the "Fair Market Rental"); but in no event shall the Monthly Installment of rent payable during the Option Term be less than the Monthly Installment of rent payable during the last calendar month which is two (2) months prior of the original Lease Term. C. Promptly following exercise of the option to extend, the commencement parties shall meet and endeavor to agree on the Fair Market Rental of the Premises as of the first day of the Option Term. In determining the Fair Market Rental for the Premises, whereupon Lessor the Premises shall be compared only to buildings of a similar quality and Lessee shall attempt to size. If within thirty (30) days after exercise of the option, the parties cannot agree upon the FRV. If Fair Market Rental, the parties are unable shall submit the matter to agree upon binding appraisal in accordance with the FRV prior to the end of such month, then within ten following procedure: Within sixty (1060) days thereafter each partyafter exercise of the option, at its cost and by giving notice to the other party, parties shall appoint a real estate appraiser with at least ten either (10a) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not jointly appoint an appraiser for this purpose or (b) failing this joint action, separately designate a disinterested appraiser. No person shall be appointed or designated an appraiser unless he or she has at lease five (5) years experience n appraising major commercial property in Santa ▇▇▇▇▇ County and is a member of a recognized society of real estate appraisers. If, within ten thirty (1030) days after the other party has given notice of the name of its appraiserappointment, the single appraiser appointed two appraisers reach agreement on the Fair Market Rental, that value shall be binding and conclusive upon the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRVparties. If the two appraisers are unable to agree this appointed cannot reach agreement on the question presented within fifteen thirty (1530) days after their appointment, then the appraiser thus appointed shall appoint a third disinterested appraiser having like qualifications. If within thirty (30) days after the second appointment of the third appraiser, a majority of the appraiser has been appointedagree on the Fair Market Rental, they that value shall attempt to elect a third appraiser meeting be binding and conclusive upon the qualifications stated in this section parties. If within ten thirty (1030) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection appointment of the third appraiser, a majority of the appraisers cannot reach agreement on the question presented, then the appraisal farthest from the median of the three appraisals shall set be disregarded and the FRVmean average of the remaining two appraisals shall be deemed to be the Fair Market Rental of the Premises as of the first day of the Option Term and shall be binding and conclusive upon the parties. Each party shall pay the fees and expenses of the appraiser appointed by it and shall share equally the fees and expenses of the third appraiser. If a majority the two appraisers appointed by the parties cannot agree on the appointment of the third appraiser, they or either of them shall give notice of such failure to agree to the parties and if the parties fail to agree upon the selection of such third appraiser within ten (10) days after the appraisers are unable appointed by the parties give such notice, then either of the parties, upon notice to set the FRVother party may request such appointment by the American Arbitration Association, or on it failure, refusal or inability to act, may apply for such appointment to the FRV shall be presiding judge of the two closest appraisals (unless the appraisals are equidistantCourt of Santa ▇▇▇▇▇ County, in which case, the middle appraisal shall be the FRV)California.

Appears in 1 contract

Sources: Lease Agreement (Elexsys International Inc)

Option to Extend. (a) Lessor hereby grants to Lessee shall have one the option ("Extension Option") to extend the Term term of this Lease for a five (5) year period (the "Option Period") commencing when the prior term expires upon each and all of five years. The Extension Option may be exercised only in the event that following terms and conditions: (i) Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee gives to Lessor, not later than 6 months and Lessor actually receives, on a date which is prior to the end date that the Option Period would commence (if exercised) by at least six (6) and not more than nine (9) months, a written notice (in accordance with the provisions of Paragraph 23) of the Termexercise of this option to extend this Lease for said additional term, time being of the essence. The Base Rent for If said notification of the Option Term exercise of this option to extend is not so given and received, this option shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or automatically expire; (ii) 95% The provisions of Paragraph 39, including the provision relating to default of Lessee set forth in Paragraph 39.4 of this Lease are conditions of this option to extend; (iii) All of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this LeaseLease except where specifically modified by this option shall apply; (iv) Subject to increases pursuant to Paragraph 52, such FRV being determined commencing at the beginning monthly Base Rent for each month of the Option Period shall be calculated as follows: (a) As used herein, the term "C.P.I." shall mean the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for Urban Wage Earners and Clerical Workers, Los Angeles-Anaheim-Riverside, California (1982-84=100), "All Items," herein referred to as "C.P.I." (b) The rental amount of $15,525 shall be multiplied by a fraction the numerator of which shall be the C.P.I. of the calendar month which that is two three (23) months prior to the month during which the Option Period commences and the denominator of which shall be the C.P.I. for the calendar month that is three (3) months prior to the month in which the original term commenced. Subject to increases pursuant to Paragraph 52, the sum calculated shall constitute the new monthly Base Rent during the Option Period, but, in no event, shall such new monthly Base Rent be less than the Base Rent payable for the month immediately preceding the commencement of the Option TermPeriod. (c) Pending receipt of the required C.P.I. and determination of the actual adjustment, whereupon Lessee shall pay an estimated adjusted rental, as reasonably determined by Lessor by reference to the then available C.P.I. information. Upon notification of the actual adjustment after publication of the required C.P.I., any overpayment shall be credited against the next installment of rent due, and any underpayment shall be immediately due and payable by Lessee. Lessor's failure to request payment of an estimated or actual rent adjustment shall not constitute a waiver of the right to any adjustment provided for in the Lease or this addendum. (d) In the event the compilation and/or publication of the C.P.I. shall be transferred to any other governmental department or bureau or agency or shall be discontinued, then the index most nearly the same as the C.P.I. shall be used to make such calculation. In the event that Lessor and Lessee cannot agree on such alternative index, then the matter shall attempt be submitted for decision to agree the American Arbitration Association in accordance with the then rules of said association and the decision of the arbitrators shall be binding upon the FRVParties. If the parties are unable to agree upon the FRV prior to the end The cost of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed said arbitrators shall be the sole appraiser paid equally by Lessor and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Lessee.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease (Modtech Inc)

Option to Extend. Provided that at the time of exercise, (a) no Event of Default has occurred and is continuing, and (b) no more than two (2) Events of Default have occurred during the Term of this Lease, Lessee shall have one (1) option ("Extension Option") to extend the Term term of this Lease (“Option to Extend”) for a period of five (5) years. The Extension , commencing April 1, 2018 (“Option may be exercised only in Period”) on all the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end same terms and conditions of the TermLease excepting the Base Monthly Rent which shall be at ninety-five percent (95%) of the then-current fair market rental value for the Premises as improved (“FMV”). The In no event however, shall the Base Monthly Rent for the Option Term shall Period be less than that being paid for the greater of (i) month most immediately preceding the Base Rent then in effect (as periodically adjusted pursuant to Option Period without the Section 4.1), or (ii) 95% consent of the "FRV"Lessor. The "FRV" means In establishing the then fair market rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions the parties shall consider only direct leases for comparable R&D space in Palo Alto occurring during the year most immediately preceding Lessee’s written notice of this Lease, such FRV being determined commencing at the beginning exercise of the month which is two Option to Extend. Considerations in establishing comparability of recently leased spaces shall include the date of the lease, age and quality of the building and interior improvements, parking ratio, and relative proximity to the Premises. Lessee may exercise its Option to Extend by giving written notice to Lessor of its intent to do so not less than six (26) months nor more than nine (9) months prior to the commencement Option Period. Lessee’s exercise of the Option Term, whereupon option shall be irrevocable. Lessor and Lessee shall attempt to negotiate FMV within thirty (30) days following Lessee’s written notice as set forth above. In the event Lessor and Lessee cannot agree upon FMV within the FRVthirty-day period set forth above, then each party shall within five (5) days, select a licensed commercial real estate broker who is active in industrial and R&D space rentals in Palo Alto and the two brokers so appointed shall meet within twenty-one (21) days of their appointment to make a determination of FMV, taking into account the considerations set forth above. If The determination of the parties are unable to agree brokers as set forth herein shall be binding upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRVparties. If the two appraisers are unable to agree brokers so appointed cannot reach agreement within fifteen five (155) days after of their initial meeting, then the second appraiser has been appointed, they two shall attempt to elect immediately thereafter appoint a third appraiser meeting broker with the same qualifications stated in this section and within ten twenty-one (1021) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiserbroker’s appointment, all shall meet to make a majority determination of the appraisers shall set the FRVFMV. If a majority of the appraisers are unable to set the FRVagreement cannot be reached, the FRV shall be then the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be averaged, and such figure shall become the FRV)Base Monthly Rent for the Option Period and be binding on both parties. Each party shall pay the fee of their respective broker and both parties shall share the cost of the third broker if necessary. THIS LEASE HAS BEEN PREPARED FOR SUBMISSION TO YOUR ATTORNEY WHO WILL REVIEW THE DOCUMENT AND ASSIST YOU TO DETERMINE WHETHER YOUR LEGAL RIGHTS ARE ADEQUATELY PROTECTED. RENAULT & ▇▇▇▇▇▇▇ IS NOT AUTHORIZED TO GIVE LEGAL AND TAX ADVICE. NO REPRESENTATION OR RECOMMENDATION IS MADE BY RENAULT & ▇▇▇▇▇▇▇ OR ITS AGENTS OR EMPLOYEES AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES OF THIS DOCUMENT OR ANY TRANSACTION RELATING THERETO. THESE ARE QUESTIONS FOR YOUR ATTORNEY WITH WHOM YOU SHOULD CONSULT BEFORE SIGNING THIS DOCUMENT.

Appears in 1 contract

Sources: Triple Net Lease (D-Wave Quantum Inc.)

Option to Extend. Lessee shall have one Landlord hereby grants Tenant an option ("Extension Option") to extend the Term of this Lease (the "Option to Extend") for a one (1) additional period of five years. The Extension four (4) years (the "Option may be exercised only in Term"), commencing immediately after the event that Lessee is not in default under this Lease expiration of the initial Term, upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercisesame terms and conditions contained herein, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of except that (i) the Base Rent then in effect (as periodically adjusted pursuant for the Premises shall be increased to the Section 4.1)Fair Market Base Rent for the Premises (but in no event less than the Base Rent rate payable immediately prior to the expiration of the initial Term, or determined in the manner set forth below, (ii) 95% Tenant shall accept the Premises as of the commencement of the Option Term in an "FRV". The "FRVas is" means the then fair rental value being charged for similar premises in the vicinity condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at (iii) there shall be no further options to extend the beginning Term. (1) Tena▇▇'▇ ▇xercise of the month which is two Option to Extend must be given to Landlord in writing no less than six (26) months and no earlier than nine (9) months prior to the expiration of the Term. If Tenant properly exercises the Option to Extend, references in this Lease to the Term shall be deemed to mean the Option Term unless the context clearly provides otherwise. Notwithstanding anything to the contrary contained herein, the Option to Extend shall automatically terminate without notice and shall be of no further force and effect, whether or not Tenant has timely exercised an option granted herein, if (i) an event of default, beyond applicable cure periods, on the part of Tenant exists under this Lease at the time of exercise of the Option to Extend or at the time of commencement of the Option Term or (ii) Landlord has given Tenant two or more notices respecting an Event of Default on the part of Tenant during the Term. (2) If Tenant properly exercises the Option to Extend, the Base Rent during the Option Term shall be determined in the following manner. The Base Rent shall be increased to an amount equal to the Fair Market Base Rent for the Premises as of the commencement of the Option Term for a term equal to the Option Term, as specified by Landlord by notice to Tenant not less than thirty (30) days prior to commencement of the Option Term, whereupon Lessor subject to Tenant's right of arbitration as set forth below. If Tena▇▇ ▇▇▇ieves that the Fair Market Base Rent specified by Landlord exceeds the actual Fair Market Base Rent for the Premises as of commencement of the Option Term, then Tenant shall so notify Landlord within ten (10) days following receipt of Landlord's notice. If Tenant fails to so notify Landlord within said ten (10) days, Landlord's determination of the Fair Market Base Rent for the Premises shall be final and Lessee shall attempt to agree binding upon the FRVparties. If the parties are unable to agree upon the FRV prior to Fair Market Base Rent for the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser Premises within ten (10) days after the other party has given Land▇▇▇▇'▇ ▇eceipt of notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).Tena▇▇'▇

Appears in 1 contract

Sources: Lease Agreement (Garage Com)

Option to Extend. (a) In lieu of any renewal or extension options contained in the existing Lease (all of which are hereby deleted in their entirety), Lessor hereby grants Lessee shall have one (1) option ("Extension Option") to extend the Term of this the Lease for the entire Premises for a period of five years. The Extension (5) years immediately following the New Expiration Date (the “Option may Term”), which Option shall be exercised exercisable only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by written notice in writing of such exercise, delivered by Lessee to LessorLessor as set forth below. The rights contained in this Paragraph 4 shall be personal to the Lessee named in this Amendment and to an affiliate assignee of Lessee (as defined in Paragraph 71 of the Lease) and may not be exercised by any assignee, sublessee or other transferee of Lessee’s interest in the Lease except for an affiliate assignee of Lessee (as defined in Paragraph 71 of the Lease). (b) The Option shall be exercised by Lessee only in the following manner: (i) Lessee shall not later be in default beyond all applicable notice and cure periods, and shall not previously have been in default beyond all applicable notice and cure periods under the Lease more than 6 once, on the delivery date of the Interest Notice and the Acceptance Notice (as such terms are defined below); (ii) Lessee shall deliver written notice (the “Interest Notice”) to Lessor not more than nine (9) months nor less than six (6) months prior to the end expiration of the Term, stating that Lessee is interested in exercising the Option; (iii) within thirty (30) days of Lessor’s receipt of the Interest Notice, Lessor shall deliver written notice (the “Option Rent Notice”) to Lessee setting forth the Initial Option Rent (as defined below) and the applicable monthly Base Rent for the remainder of the Option Term; and (iv) if Lessee desires to proceed with its exercise of the Option upon the terms set forth in the Option Rent Notice, Lessee shall deliver written notice (the “Acceptance Notice”) to Lessor within fifteen (15) business days of Lessee’s receipt of Option Rent Notice. The Lessee’s failure to deliver the Interest Notice or Acceptance Notice on or before the dates specified above shall be deemed to constitute Lessee’s election not to exercise the Option and the termination of the Option. If Lessee properly exercises the Option within the dates specified above, the Term of the Lease shall be extended for the Option Term upon all of the terms and conditions set forth in the Lease, except that the monthly Base Rent for the Option Term shall be as indicated in the Option Rent Notice, and Lessee and Lessor shall promptly execute a Lease amendment to document said Option Term. (c) The monthly Base Rent set forth in the Option Rent Notice and payable by Lessee during the first (1st) year of the Option Term (“Initial Option Rent”) shall be equal to the greater of (i) the Base Fair Market Rent then in effect (as periodically adjusted pursuant to the Section 4.1defined below), or (ii) 95% one hundred three percent (103%) of the "FRV". The "FRV" means monthly Base Rent for the then fair rental value being charged for similar premises Premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months effect immediately prior to the commencement of the Option Term. On the one (1) year anniversary of the commencement of the Option Term and on each anniversary of such date thereafter during the Option Term, whereupon Lessor the monthly Base Rent shall be increased by three percent (3%). The “Fair Market Rent” shall mean the applicable monthly Base Rent, including any rental abatement and Lessee shall attempt any other monetary concessions (such as tenant improvements allowances) being provided to agree tenants by other landlords in comparable transactions, all common area operating expenses, additional rent and other charges at which tenants, as of the commencement of the Option Term, are entering into leases or renewals for non-sublease space which is not encumbered by expansion rights and which is comparable in size, location and quality to the Premises in renewal transactions for a term comparable to the Option Term which comparable space is located in the Project, taking into consideration the value of the existing improvements in the Premises to Lessee, as compared to the value of the existing improvements in such comparable space, with such value to be based upon the FRV. If age, quality and layout of the parties are unable improvements and the extent to agree upon which the FRV prior same could be utilized by Lessee with consideration given to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to fact that the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience improvements existing in the Central and Southern Orange County area Premises are specifically suitable to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Lessee.

Appears in 1 contract

Sources: Lease (CAPSTONE TURBINE Corp)

Option to Extend. Lessee shall have one Tenant has the option ("Extension Option") to extend the Term of this Lease for a two (2) additional periods of two (2) years each by giving Landlord notice of its exercise at least six (6) months before the expiration of the then current Lease Term. If no Event of Default exists when notice is given, this Lease, without the necessity of any further writing, shall be extended and the Premises considered to have been leased by Landlord to Tenant for an additional period of five years. The Extension Option may be exercised only in two (2) years beginning immediately after the event that Lessee is not in default under this expiration of the current Lease Term upon the date same terms, except that (a) the Basic Rent shall be an amount agreed upon at the time by Landlord and Tenant as the reasonable fair market rent for the Premises; (b) after the exercise of exercise. The Extension Option must each option to extend the number of options to extend remaining will be exercised reduced by notice in writing of one; and (c) if Tenant exercises such exerciseoption to extend and Landlord subsequently decides to develop the Premises to a better-use, delivered by Lessee (for example a multi-story commercial or residential structure) or if Landlord sells the Premises to Lessor, not later than 6 months prior a bona fide purchaser and such purchaser wishes to terminate the Lease (after the end of the initial Lease Term), then Tenant agrees that upon notice from the Landlord, Tenant will vacate the Premises six months after such notice and the Lease shall thereafter terminate. Lease Agreement for 625 Putnam Ave, Cambridge for Ft WASHINGTON _____ for VERTEX _____ p▇▇▇ ▇▇ ▇▇ ▇▇ pages WITNESS the execution hereof under seal on the day and year first above written. LANDLORD: FORT WASHINGTON REALTY TRUST By: /s/ Henry H. Kolm ------------------------------------ Henry H. Kolm, as Trustee ▇▇▇ ▇▇▇ ▇▇▇ividually By: /s/ Elizabeth C. Kolm ------------------------------------ Elizabeth C. Kolm, as Trustee ▇▇▇ ▇▇▇ ▇▇▇ividually ATTEST: TENANT: VERTEX PHARMACEUTICALS, INC. /s/ [Illegible] By: /s/ Richard H. Aldrich ------------------------------------- ------------------------------------ Director of Operations Vice President Lease Agreement for 625 Putnam Ave, Cambridge for Ft WASHINGTON _____ for VERTEX _____ p▇▇▇ ▇▇ ▇▇ ▇▇ pages EXHIBIT A DESCRIPTION OP PREMISES EXHIBIT A DESCRIPTION OF PREMISES The Base Rent for the Option Term shall be the greater land in Cambridge, Middlesex County, Massachusetts, more particularly described as follows: Parcel One The registered land shown on Land Court Plan No. 21188A and bounded and described as follows: ▇▇▇▇▇▇▇▇▇▇▇▇Y: by Putnam Avenue, one hundred forty-one and no/100 (141.0) ▇eet; SOUTHEASTERLY: by land now or formerly of Potter-Horn Incorporated, one hundred fifty and no/▇▇▇ (i▇▇▇.▇▇) the Base Rent then feet; SOUTHWESTERLY: by lands now or formerly of North American Holding Company et al. and of Melvin Frank, one hundred forty-three and no/100 (1▇▇.▇▇) ▇▇▇▇; NORTHWESTERLY: by said Frank land and by land now or formerly of Paul A. St. ▇▇▇▇▇▇▇e, et al., being in effect part Parcel ▇▇▇ ▇▇▇ein described, one hundred fifty and 04/100 (150.04) feet; For title reference is made to Certificate of Title No. 149390, Book 877, Page 40. Parcel Two The unregistered land shown as periodically adjusted pursuant Lot A on a plan entitled "Sub-division of Land in Cambridge Belonging to Homes Inc.", dated March 24, 1948., by Edward F. Carney, Engineer, recorded with Middlesex South District R▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ as Plan No. 624 of 1948, in Book 7292, Page 18, and bounded and described as follows: NORTHWESTERLY: by Sidney Street, eighty-nine and no/10 (89.0) feet; NORTHEASTERLY: ▇▇ ▇▇▇ B and C as shown on said plan, seventy-five and no/10 (75.0) feet; SOUTHEASTERLY: by Parcel One hereinbefore described, eighty-nine and no/10 (89.0) feet; and SOUTHWESTERLY: by land now or formerly of Melvin Frank, seventy-five and no/10 (75.0) feet; ▇▇▇▇▇▇▇▇▇▇ 6,675 square feet of land, according to said plan. For title reference see deed from Cox Engineering Company to the Section 4.1)Grantor herein recorded with said Dee▇▇ in Book 13014, or (ii) 95% of the "FRV"Page 410. The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the PremisesEXHIBIT B DESCRIPTION OF TENANT'S CHANGES TO PREMISES EXHIBIT C CHAPTER 21E SITE INVESTIGATION REPORT JANUARY 1985 TSMI 617-938-7340 TOXIC SYSTEMS MANAGEMENT, presuming all terms and conditions of this LeaseINC. SITE ▇▇▇▇▇▇ ▇▇▇▇TIVE TO HAZARDOUS MATERIALS FOR PROPERTY LOCATED AT 625 Putnam Avenue Cambridge, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option TermMassachusetts ▇▇▇▇▇ ▇▇▇▇▇▇▇ 31, whereupon Lessor and Lessee shall attempt to agree upon the FRV1985 Contracted for: Reported to: Attorney Jack Mikels Attorney Jack Mik▇▇▇ ▇▇▇▇ ▇▇ New England ▇▇▇ ▇r. Henry Kolm 2 Oliver Street ▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇. If the parties are unable to agree upon the FRV prior to the end of such monthBoston, then within ten (10) days thereafter each partyMassachusetts 02109 625 P▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).▇▇▇▇▇▇▇▇▇▇▇▇▇ 02139 TSMI TABLE OF CONTENTS

Appears in 1 contract

Sources: Assignment of Lease (Altus Pharmaceuticals Inc.)

Option to Extend. Lessee shall have one option ("Extension Option") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee a. So long as Tenant is not then in default under this Lease, and so long as Tenant has not been ten (10) or more days late in payment of rent after written notice thereof more than a total of three (3) times during the term of this Lease, Tenant shall have the right to extend the Lease upon term for two (2) additional five (5) year periods (each an "Additional Term") on the date of exerciseterms and conditions stated in this paragraph. The Extension Option To exercise its right to extend this Lease for an Additional Term, Tenant must be exercised by deliver to Landlord a written notice in writing of such exerciseexercising its rights under this paragraph at least two hundred seventy (270) days, delivered by Lessee to Lessorbut not more than three hundred sixty (360) days, not later than 6 months prior to the end of date the TermLease term will expire. The Base Rent for All the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being Lease shall apply during each Additional Term except (i) the minimum rent shall be an amount mutually agreed to by Landlord and Tenant or determined commencing at the beginning of the month which is two (2) months by arbitration as set forth below but in no event shall it be less than that due from Tenant immediately prior to the commencement of the Option Additional Term; (ii) unless otherwise agreed by Landlord in writing, there shall be no further extension options; and (iii) except as set forth in Section 2.5(e) below, Landlord shall have no tenant improvement or lease commission obligations with respect to the Premises. When the rental rate for the Additional Term is determined, either by agreement of the parties or pursuant to arbitration as provided below, Landlord and Tenant shall enter into a lease extension agreement setting forth the new minimum rent for the Premises and such other terms as may be applicable. If at the time Tenant delivers to Landlord its written notice electing to extend this Lease term, or at any time between such date and the commencement date of the Additional Term, whereupon Lessor Tenant defaults under this Lease and Lessee fails to cure the default within the applicable cure period, if any, Landlord shall have the option to declare Tenant's notice of exercise null and void by written notice to Tenant, in which case the Lease term shall expire on the expiration of the then current Lease term. b. If Tenant exercises an extension right under this paragraph, the minimum rent for the Additional Term shall be the then "fair market rent" (defined below) for the Premises. For purposes of this Lease, the term "fair market rent" shall mean the triple net rate per rentable square foot that willing, non-equity, non-renewal tenants are paying for comparable space in the building and in comparable buildings in the Kirkland-Bellevue areas for leases having a five (5) year term without including the value of any improvements paid for by Tenant (but including any improvements made by Tenant at the commencement of the initial Lease term). Landlord shall advise Tenant in writing of Landlord's determination of fair market rent for the Premises not later than thirty (30) days after Tenant exercises its extension right. Within thirty (30) days after receiving Landlord's determination of fair market rent, Tenant shall notify Landlord in writing whether or not Tenant accepts Landlord's determination of fair market rent. If Tenant disagrees with Landlord's determination of fair market rent, Tenant shall advise Landlord of Tenant's determination of fair market rent in the notice required pursuant to the preceding sentence. If Tenant fails to so notify Landlord prior to expiration of its thirty (30) day period to respond to Landlord's notice, then Tenant's notice exercising its renewal rights under this paragraph shall be deemed null and void, unless otherwise agreed in writing by Landlord and Tenant. If Tenant does not accept Landlord's determination of fair market rent, the parties shall promptly meet and attempt to agree upon the FRVresolve their differences. If the parties are unable to agree upon have not agreed on the FRV prior to the end of such month, then fair market rent within ten sixty (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (1060) days after Tenant has exercised its renewal right, or sooner, if Tenant disagrees with Landlord's determination of fairmarket rent, and Tenant's renewal option is still in effect in accordance with the other party has given notice terms of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set then unless otherwise agreed in writing by the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointedparties, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half submit the matter to arbitration in accordance with the terms of the cost of appointing the third appraiser and of paying the third appraiser's feeparagraph (c) below. The third appraiser, however selected, last day of such period shall be a person who has not previously acted referred in any capacity for either party. Within fifteen (15) days after this Lease as the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)"Arbitration Commencement Date."

Appears in 1 contract

Sources: Lease (Homegrocer Com Inc)

Option to Extend. Lessee Provided the LESSEE is in compliance with all of the material terms and conditions of the within Lease at the time the option is exercised, the LESSEE shall have one option two ("Extension Option"2) options to extend the Term of this within Lease for a period term of five yearsthree (3) years per option. The Extension Option may be exercised only in In the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by LESSEE intends to so extend said Lease, LESSEE shall give notice in writing of such exercise, delivered by Lessee to Lessor, not LESSOR no later than 6 nine (9) months prior to the end termination of the Termexpiring term. In the event LESSEE fails to give timely notification, LESSEE shall forfeit said options. The Base Rent for terms and conditions of the Option Term Lease during any extension term shall be identical with the original term, except that annual base rent payable by LESSEE during the option term shall be greater of (iii) the Base Rent then in effect (as periodically adjusted pursuant to annual base rent for the Section 4.1)preceding lease year, or (ii) 95% the Fair Market Rent Rate for the Premises, as of the "FRV"date LESSEE exercises its option to extend the Term, multiplied by the rentable square feet of the Premises. The "FRVFair Market Rent Rate" means for the Premises shall be the then fair rental value being charged competitive base rent on a per square foot basis for a similar premises amount of office space in comparable properties in Chelmsford, Massachusetts, taking into account the vicinity tax and operating expense bases set forth in this Lease and the tenant improvement allowances, free rent and other concessions (if any) provided to new tenants of such comparable spaces. In the event that LESSOR and LESSEE do not agree on the Fair Market Rent Rate for the Premises within thirty (30) days after LESSEE exercises its option to extend, the Fair Market Rent Rate for the Premises shall be determined by "baseball arbitration," whereby LESSOR and LESSEE shall (within thirty (30) days after such 30-day negotiation period) each submit its proposed Fair Market Rent Rate for the Premises, presuming all terms together with any supporting information as each such party desires, to an arbitrator mutually acceptable to the parties, and conditions of this Lease, such FRV being determined commencing at the beginning arbitrator shall then promptly select one of the month which is two (2) months prior to submitted proposals only as the commencement of Fair Market Rent Rate for the Option Term, whereupon Lessor and Lessee shall attempt Premises. In the event the parties fail to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint on an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree arbitrator within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either expiration of the parties to this Lease30-day negotiation period, the arbitrator shall be appointed by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court state court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, county in which case, the middle appraisal shall be the FRV)Building is located.

Appears in 1 contract

Sources: Lease Agreement (Digital Lightwave Inc)

Option to Extend. Lessee 21.1 Tenant shall have one option ("Extension Option") the right, to be exercised as hereinafter provided, to extend the Term term of this Lease for a period two (2) periods of five years. The Extension Option may be exercised only (5) years each on the following terms and conditions and subject to the limitations hereinafter set forth, each such five (5) year renewal period being in the event that Lessee is not in default under this Lease upon sometimes referred to as a “Renewal Term.” (a) That at the time hereinafter set forth for the exercise of the applicable extension option, this Lease shall be in full force and effect and there shall be no pending Event of Default with respect to Tenant as of the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end exercise of the Term. The option, but Landlord shall have the right, at its sole discretion, to waive the non-default conditions herein. (b) That the Renewal Term shall be upon the same terms, covenants and conditions as in this Lease provided; provided, however, the annual Base Rent for the Option applicable Renewal Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV"fair market Base Rent rate (taking into account market concessions and financial credit of the Tenant) for such space on the date such Renewal Term shall commence in relation to comparable (in quality and location) space located in the Minneapolis – St. ▇▇▇▇ metropolitan area. The "FRV" means fair market Base Rent for the then fair rental value being charged for similar premises in the vicinity Premises shall be determined as of the Premises, presuming all terms and conditions date eight (8) months prior to commencement of the Renewal Term. Provided Tenant has properly elected to renew the term of this Lease, such FRV being determined commencing at the beginning of the month which is two and if Landlord and Tenant fail to agree to least seven (27) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).the

Appears in 1 contract

Sources: Industrial/Warehouse Lease Agreement (Insignia Systems Inc/Mn)

Option to Extend. Lessee shall have one option ("Extension Option") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee Provided Tenant is not in default under any provision of the Lease, Landlord hereby grants to Tenant two one year options to extend the term of this Lease upon for an additional term when the date existing term expires, on the terms and conditions set forth in this paragraph. Tenant may exercise this option by giving Landlord written notice of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, its intention not later less than 6 months sixty (60) days prior to the end expiration of the Termexisting term of this Lease. The If this Option is exercised, the Base Monthly Rent for the Option Term Premises shall equal the then current fair market monthly rent (“Fair Market Rent”), which shall not be less than $19,860.00 per month for the Premises as of the commencement date of the applicable extended term. If the parties cannot agree on the amount of the “Fair Market Rent” and the annual adjustment to such Fair Market Rent within sixty (60) days prior to the commencement of such extended term, then the Fair Market Rent and the annual adjustment thereto shall be determined by an appraisal. All other terms and conditions contained in the greater of (i) Lease and this Addendum, as the Base Rent then same may be amended from time to time by the parties in effect (as periodically adjusted pursuant to accordance with the Section 4.1), or (ii) 95% provisions of the "FRV"Lease, shall remain in full force and effect and shall apply during the Option term. The "FRV" means If the then fair market rental value being charged for similar premises the Premises needs to be determined by appraisal, Landlord and Tenant shall either agree to select one real estate appraiser or three real estate appraisers. Any real estate appraiser selected shall be a member of the American Institute of Real Estate Appraisers, shall have at least five (5) years experience appraising commercial space located in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at shall act in accordance with the beginning rules of the month which is two (2) months prior to the commencement American Institute of Real Estate Appraisers. The Fair Market Rent shall be based on rental of space of the Option Termsame age, whereupon Lessor construction, size and Lessee shall attempt to agree upon location as the FRVPremises with the improvements installed therein. If the parties are unable to agree upon the FRV prior to the end of such monthonly one appraiser is selected, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, party shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear pay one-half of the cost fees and expenses of appointing the third appraiser and of paying that appraiser. If proceeding with three appraisers, each party shall select one appraiser, who in turn shall select the third appraiser's fee. The third appraiser, however If three appraisers are selected, each party shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after bear the selection fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Industrial Space Lease (Adeza Biomedical Corp)

Option to Extend. Lessee shall have one Subject to the provisions of Article XIX "Landlord's Sale or Transfer," and --------------------------- upon condition that Tenant (i) is not then in default at the time of the exercise of any option beyond any applicable cure periods, ("Extension Option"ii) to extend has not been in default more than two (2) times during the Lease Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee beyond any applicable cure periods, and (iii) is not in default under this as of the commencement thereof beyond any applicable cure periods, Landlord grants to Tenant the option to extend the Lease Term for one (1) period of five (5) years (the "Extended Term"), all upon the date same terms and conditions herein contained, except for Minimum Rent, and the extension option granted herein. During the Extended Term, the Minimum Rent for each year of exercise. The Extension Option must the Extended Terms (12 consecutive months) shall, unless otherwise agreed in writing, be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior adjusted to the end then prevailing market rate for premises of similar size, location, age and amenities to the Leased Premises, as mutually determined by Landlord and Tenant in each of their respective reasonable discretions, taking into consideration the Option Period Annual Increases described below, and the fact that this will be an extension or renewal of an existing lease and not a new lease, thereby relieving Landlord of the obligation to pay commissions, tenant improvement allowances and other such concessions and consideration typically required by a new lease (the "Fair Market Rent"). Thereafter, during each Lease Year of the Extended Term. The Base , the Minimum Rent for the Option Term payable by Tenant shall be increased by the greater of of: (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1)4% per year, or (ii) 95% the percentage change in the Consumer Price Index (as defined below): For purposes of the "FRV". The "FRV" means the then fair rental value being charged for similar premises foregoing, changes in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed Consumer Price Index shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties calculated as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).follows:

Appears in 1 contract

Sources: Office and Industrial Building Lease (Rockshox Inc)

Option to Extend. Lessee (a) Landlord hereby grants Tenant a single option to extend the initial Term of the Lease for an additional period of three (3) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenants independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall have one option be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Extension OptionElection Notice") to extend exercise the Option to Extend must be given to Landlord in writing no earlier than the date which is twelve months (12) months before the Expiration Date and no later than the date which is nine (9) months before the Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the initial Term of this Lease for a period of five yearsthe Lease. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end Tenant's leasing of the Term. The Base Rent for Premises during the Option Term shall be upon and subject to the same terms and conditions contained in the Lease except that (i) the Monthly Base Rent, plus payment of Tenant's Share of Operating Expenses pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant's obligation) shall be amended to equal the "Option Term Rent", defined and determined in the manner set forth in the immediately following Subsection; (ii) the Security Deposit, if any, shall be increased within fifteen (15) days after the Prevailing Market Rent has been determined to equal one hundred percent (100%) of the highest monthly installment of Monthly Base Rent thereunder, but in no event shall the. Security Deposit be decreased; (iii) Tenant shall accept the Premises in its "AS-IS" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the initial Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the greater of (i) the Monthly Base Rent then in effect (as periodically adjusted payable by Tenant under this Lease calculated at the rate applicable for the last full month of the initial Term, plus payment of Tenant's Share of Operating Expenses pursuant to the Section 4.1)Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant's obligation) (collectively, "Preceding Rent") or (ii) 95% of the "FRVPrevailing Market Rent". The "FRV" means As used in this Rider Prevailing Market Rent shall mean the then fair rental value being charged rent and all other monetary payments, escalations and triple net payables by Tenant, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for similar premises in a term equal to the vicinity Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following: the size, location and floor levels of the Premises; the type and quality of tenant improvements; age and location of the Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, presuming all terms other monetary payments and conditions escalations obtainable for new leases of space comparable to the Premises in the Project and in comparable buildings in the mid-Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall be determined without reduction or adjustment for "Tenant Concessions" (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the preceding sentence, the term "Tenant Concessions" shall include, without limitation, so-called free rent, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the foregoing criteria shall be made by Landlord, in the good faith exercise of Landlord's business judgment. Within thirty (30) days after Tenant's exercise of the Option To Extend, Landlord shall notify Tenant of Landlord's determination of Option Term Rent for the Premises. If Landlord's determination of Prevailing Market Rent is greater than the Preceding Rent, and if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the exercise of the option by giving written notice thereof to Landlord within thirty (30) days after notice of Landlord's determination of Prevailing Market Rent. (e) This Option to Extend is personal to Maxygen, Inc. and may not be used by, and shall not be transferable or assignable (voluntarily or involuntarily) to any person or entity except for a Tenant Affiliate. (f) Upon the occurrence of any of the following events, Landlord shall have the option, exercisable at any time prior to commencement of the Option Term, to terminate all of the provisions of this LeaseSection with respect to the Option to Extend, such FRV being determined commencing with the effect of canceling and voiding any prior or subsequent exercise so this Option to Extend is of no force or effect: (i) Tenant's failure to timely exercise the Option to Extend in accordance with the provisions of this Section. (ii) The existence at the beginning time Tenant exercises the Option to Extend or at the commencement of the month Option Term of any default on the part of Tenant under the Lease or of any state of facts which is two with the passage of time or the giving of notice, or both, would constitute such a default. (2iii) months Tenants third default under the Lease prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon notwithstanding that all such defaults may subsequently be cured. In the FRV. If the parties are unable to agree upon the FRV prior to the end event of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice Landlord's termination of the name Option to Extend pursuant to this Section, Tenant shall reimburse Landlord for all costs and expenses Landlord incurs in connection with Tenant's exercise of its appraiserthe Option to Extend including, without limitation, costs and expenses with respect to any brokerage (g) Without limiting the single appraiser appointed generality of any provision of the Lease, time shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties essence with respect to this Lease, by giving ten (10) days notice to the other party, can apply to the then president all of the County Real Estate Board, or to the presiding judge provisions of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Section.

Appears in 1 contract

Sources: Lease (Maxygen Inc)

Option to Extend. Lessee shall have one Landlord grants to Tenant an option ("Extension Option") to extend the Term term of this Lease lease for a one period of five yearsyears subject to all terms and conditions herein contained except this paragraph, the maximum on "outside area" expense set forth in paragraph 4(c)(2), paragraph 47 - Tenant Improvements, and monthly rental including escalation which shall be determined as set forth below. The Extension Option may be exercised only in In order to exercise this option, Tenant must have performed all the event that Lessee is not in default under covenants and obligations of Tenant herein and at least six months before the ending date of the initial term of this Lease upon lease must have delivered to Landlord written notice of the exercise of this option. As of the date of exerciseexercise by Tenant of its option to extend, the monthly base rental a maximum for "outside area" expenses and escalation of base rent, all for the Extended Term shall be subject to negotiation between the Landlord and Tenant. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not Not later than 6 five (5) full calendar months prior to the end expiration date of the Initial Term. The Base Rent for the Option Term , Landlord and Tenant shall be the greater of (i) the Base Rent then in effect (meet and endeavor to agree between themselves as periodically adjusted pursuant to the Section 4.1), or (ii) 95% fair market base monthly rental of the premises, escalation thereof, and maximum for "FRV". The "FRVoutside area" means the then fair rental value being charged for similar premises in the vicinity expenses, all as of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Extended Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable able to agree on such fair market base monthly rental, escalation and maximum, said base monthly, escalation and maximum rental shall be the rental escalation and maximum for the premises during the Extended Term, the escalation agreed upon, and the maximum "outside area" expenses. In the event the parties fail to agree upon said amounts for the FRV Extended Term, at least four (4) full calendar months prior to commencement thereof, the base monthly rental for the Extended Term, including escalation thereof, but not including maximum "outside area" expense, shall be determined by appraisal in the manner hereafter set forth. Notwithstanding the foregoing, Landlord and Tenant agree that the Outside Area Expense Maximum shall in no event exceed, (a) for the first 12 months of the Extended Term, an amount per square foot equal to 72 cents multiplied by a fraction, the numerator of which is the CPI Index (hereinafter defined) for the month immediately prior to the end month in which the Extended Term commences and the denominator of such month, then within ten (10) days thereafter each party, at its cost and by giving notice which is the CPI Index for the month immediately prior to the other party, shall appoint a real estate appraiser with at least ten (10) years first full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Sublease Agreement (Oak Technology Inc)

Option to Extend. Lessee shall have one (1) five (5) year option ("Extension Option") to extend the Term Lease at one hundred percent (100%) of this Lease for a the then fair market rent. In no event shall rent in the option period be less than the rent paid in the last year of five yearsthe initial term. The Extension Option may Said option to extend shall not be exercised by Lessee for the purpose of making a profit on a sublease. Assignment of the Lease or subletting of the Premises or any portion thereof by Lessee during the option extension period shall be subject to the prior written consent of Lessor and shall be subject to the provisions of Paragraph 12 as supplemented by this Paragraph 51. Assignment of the Lease or subletting of the Premises during the option extension period shall also be subject to the prior written approval of the Ground Lessor in accordance with the Ground Lease. Lessor may condition Lessor's consent to an assignment or subletting to Lessor receiving fifty percent (50%) of the bogus rent, if any, after deducting only a standard leasing commission payable by Lessee which shall be subject to Lessor's prior written approval, which approval shall not be unreasonably withheld. Any assignment or sublease to which Lessor and the Ground Lessor consent in the event that first instance shall expressly prohibit any further assignment or subletting of all or any portion of the Premises by such initial assignee or sublessee. At Lessor's option, Lessor may terminate the Lease and recapture the Premises upon receipt by Lessor of a request from Lessee is not in default for Lessor's consent to an assignment or subletting of all or any portion of the Premises. If Lessor elects to terminate this Lease, (a) as of the effective date of termination, Lessor and Lessee shall be released and discharged from any liability or obligation to the other under this Lease upon which accrues thereafter, and (b) Lessee agrees that Lessor may enter into a direct lease with such proposed assignee or sublessee without any obligation or liability to Lessee. Lessee may exercise the date option to extend by giving written notice of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee exercise to Lessor, Lessor at least six (6) months but not later more than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of twelve (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (212) months prior to the commencement expiration of the Option Terminitial Lease term, whereupon Lessor provided that if Lessee is currently in default under the Lease at the time of exercise of the option or at the commencement date of the option extension period, such notice shall be void and Lessee of no force or effect and the option shall attempt to agree lapse. If exercised, the option extension period shall be upon the FRV. If same terms and conditions as the initial Lease term, except that (i) the initial monthly Base Rent and rental adjustments during the option period shall be one hundred percent (100%) of the then fair market rent as agreed upon by the parties within thirty (30) days after the exercise of the option or if the parties are unable to agree upon agree, then by appraisal, but the FRV initial monthly Base Rent shall not be less than the monthly Base Rent payable during the last twelve (12) months of the initial Lease term and the periodic adjustments of Base Rent shall not be less than the annual percentage adjustments of Base Rent for the initial term as provided in Paragraph 50(a); and (ii) there shall be no additional option to extend. If Lessee does not exercise the option to extend at least six (6) months prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice expiration of the name of its appraiserinitial term, the single appraiser appointed option shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraphlapse, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either time being of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)essence.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Omnicell Com /Ca/)

Option to Extend. Lessee shall have (a) Landlord grants to the Tenant one option ("Extension Option") to extend the Term initial term of this Lease for a one (1) additional period of five yearsthirty-six (36) months. The Extension Option may Such extension shall be exercised only on the same terms and conditions as provided in the event that Lessee is not in default under this Lease upon with the date exception of exerciseBase Monthly Rent, and except that there shall be no additional option to extend. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Monthly Rent for the Option Term extension period shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant a sum equal to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity prevailing market rate (excluding Tenant’s location) as of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two date three (23) months prior to expiration of the initial term. It shall be a condition precedent to the exercise of this option that Tenant shall not be in default beyond any applicable notice and cure period under this Lease at the time of exercise of the option and at the commencement of the Option Termextension term. If Tenant elects to exercise this option, whereupon Tenant shall exercise this option by written notice delivered to Lessor at least one hundred eighty (180) days prior to the expiration date of the initial term, but not earlier than three hundred sixty (360) days prior to the expiration of the initial term. The option to extend shall be personal to NetManage, Inc. and Lessee shall attempt not be exercisable by any assignee or sublessee of NetManage, Inc., except a Permitted Transferee as defined in Paragraph 15 hereof. (b) Upon the exercise of the option, the parties shall thereafter immediately meet and endeavor to agree upon the FRVfair market Base Monthly Rent of the Premises. If the parties are unable to agree upon the FRV prior to fair market Base Monthly Rent for the end of such month, then extension period within ten thirty (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (1030) days after the other party has given notice exercise of the name option (“Initial Meeting Period”), then the determination of its appraiser, the single appraiser appointed Base Monthly Rent (to be ninety-five percent (95%) of the prevailing market rent) shall be the sole appraiser and shall set the FRVpromptly submitted to arbitration. If there are two appraisers appointed by the parties Each party hereto will select as stated in this paragraphan arbitrator, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after of the second appraiser has been appointedexpiration of the Initial Meeting Period, they referred to above, a licensed real estate agent with at least five (5) years commercial real estate experience in the Cupertino, California market involving properties substantially similar to the Premises and said arbitrators shall attempt meet for the purpose of determining the Base Monthly Rent for the extension period. If one party fails to elect a third appraiser meeting so select an arbitrator, the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to one arbitrator retained shall set the FRVfair market Base Monthly Rent. If the two appraisers are unable arbitrators do not agree, within fifteen (15) days of their selection, they shall select a third arbitrator with the qualifications, referred to above, within fifteen (15) days, and if they cannot agree on a third arbitrator, the third appraiser, either of the parties to this Lease, arbitrator shall be appointed by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court in the County of Santa ▇▇▇▇▇. Landlord shall be required to petition such Court within ten (10) days of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each expiration date of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity time for either party. Within fifteen (15) days after the selection of the third appraiser, a majority arbitrator requesting the earliest possible determination by the Court. The three arbitrators shall determine the Base Monthly Rent within thirty (30) days after the appointment of the appraisers third arbitrator, and if at least two (2) of the three (3) arbitrators cannot agree upon a fair market Base Monthly Rent, the three values shall set be added together and the FRVtotal shall be divided by three. If a majority of any value is lower or higher than ten percent (10%) from the appraisers are unable to set middle value such higher or lower value shall be excluded from the FRVcalculations and the two remaining values shall be divided by two or if only one value remains, the FRV such value shall be the two closest appraisals (unless the appraisals are equidistant, in which casevalue used. If only one arbitrator is selected, the middle appraisal cost of the one arbitrator shall be shared equally by the FRV)parties. If each party selects an arbitrator, each party shall pay the cost of the arbitrator selected by it, and the cost of the third arbitrator shall be paid equally. The determination shall be conclusive and binding and shall be signed by both parties and shall thereupon become a part of this Lease. If the Base Monthly Rent for the extension period has not been determined as of the commencement of the extension period Tenant shall pay the Base Monthly Rent then due for the last month prior to commencement of the extension period. Any deficiency shall be payable by Tenant to Landlord within ten (10) days of the arbitrators’ determination of the Base Monthly Rent for the extension period. Any surplus shall be a credit for Base Monthly Rent to become thereafter due. (c) The option, granted to the Tenant hereunder, shall terminate upon the earliest of the following to occur: (i) the expiration or earlier termination of this Lease; (ii) Tenant’s failure to timely exercise as set forth above; (iii) Tenant’s breach of this Lease (and Tenant’s failure to cure within the applicable cure period set forth in this Lease, if any) at any time during the initial term of this Lease; or (iv) the assignment of this Lease by Tenant or the sublease by Tenant of the Premises for the balance of the initial term, except to a Permitted Transferee. As used in this Lease, “term” and “the term of this Lease” shall include the initial term and the option extension period, if exercised.

Appears in 1 contract

Sources: Lease Agreement (Netmanage Inc)

Option to Extend. Lessee The Tenant, provided, that it is not in default shall have one the option ("Extension Option") to extend the Term of this the Lease for a period of one (1) additional five years(5) year term. The Extension Option may Basic Rent for the extended term shall at the then prevailing market rent for like premises as at the first day of the extended term. If the parties are unable to agree as to the then prevailing market rent for like premises to be exercised only in used as Basic Rent for the event that Lessee is extended term then the same shall be determined by arbitration. In the case of any dispute between the Landlord and the Tenant as to the then prevailing market rent for like premises to be used as Basic Rent for the extended term, the matter shall be referred to a single arbitrator appointed by the parties for determination. If the parties cannot in default under this Lease upon agree on a single arbitrator, each party shall appoint an arbitrator within fifteen (15) days after notice of failure to agree served by one party on the date of exerciseother. The Extension Option must be exercised by notice Each party shall advise the other party in writing of its arbitrator so appointed. In the event a party shall fail to appoint an arbitrator, and notify the other party in writing of his identity within the said 15 days limit, the arbitrator appointed by the other party shall act as a sole arbitrator. Upon the appointment of an arbitrator by each of the parties, the two arbitrators shall then appoint a third arbitrator (and failing their agreement on a third, the same shall be appointed by a Justice of the Court of Queen’s Bench of Alberta on application by either party hereto) and the three arbitrators shall then proceed to determine the matters in dispute. The dispute shall be determined by majority decision of the arbitrators (or the sole arbitrator, if one is agreed upon or applicable) and such exercisedetermination shall be final. Each arbitrator shall be a disinterested person of recognized competence in the real estate business in the City of Calgary. The expenses of such arbitration shall be shared equally by the Landlord and the Tenant, delivered unless otherwise determined by Lessee the arbitrator(s). Except as otherwise herein provided, the arbitration shall be conducted in accordance with the provisions of the Arbitration Act of Alberta and any amendments thereto or successors to Lessorsuch statute, not later than 6 which provisions shall apply mutatis mutandis. The Tenant shall provide a written notice to the Landlord of its intention to exercise its option of extension at least twelve (12) months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all same terms and conditions of this Leasethe Lease will apply during the extended term except for: tenant inducements, such FRV being determined commencing at including but not limited to: improvement allowances, moving allowances, free rent periods, fixturing periods and any extension beyond the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)extended term.

Appears in 1 contract

Sources: Office Lease (Telvent Git S A)

Option to Extend. Lessee shall have one (a) Landlord hereby grants Tenant a single option ("Extension Option") to further extend the Term of this the Lease for a an additional period of five years. The Extension Option four (4) years (such period may be exercised only referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy of at least fifty percent (50%) of the event that Lessee is not Premises; and (ii) there has been no material adverse change in default under this Lease upon Tenant's financial position from such position as of the date of exercise. The Extension execution of this Amendment, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Election Notice") to exercise the Option To Extend must be exercised by notice given to Landlord in writing no earlier than the date which is eighteen (18) months before the Expiration Date of such exercise, delivered by Lessee to Lessor, not the Extended Term and no later than 6 the date which is twelve (12) months prior to before the end Expiration Date of the Extended Term. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Base Rent for Option Term shall commence immediately after the expiration of the Extended Term. Tenant's leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in the Lease except that: (i) the Monthly Base Rent shall be amended to an amount to equal the "Option Term Rent", defined and determined in the manner set forth in the immediately following Subsection (and otherwise, Tenant shall continue to pay Tenant's proportionate share of "operating expenses" and other charges pursuant to the Lease and Tenant shall continue to pay directly the utility or service provider for all utilities or services which Tenant is to obtain directly pursuant to other provisions of the Lease, collectively, "Triple Net Payables"); (ii) the Security Deposit shall be increased, if applicable, to equal one hundred percent (100%) of the highest monthly installment of the Option Term Rent (the increase, if any, shall be payable upon the commencement date of the Option Term), but in no event shall the Security Deposit be decreased; (iii) Tenant shall accept the Premises in its "AS-IS" condition without any obligation of Landlord to repaint, remodel, repair, improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the greater of (i) the Monthly Base Rent then in effect payable by Tenant under this Lease calculated at the rate applicable for the last full month of the Extended Term (as periodically adjusted pursuant to the Section 4.1), "Preceding Rent") or (ii) 95% of the "FRV"Prevailing Market Rent" (defined below). The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of During the Option Term, whereupon Lessor Tenant shall continue to pay Triple Net Payables (as defined in the preceding Subsection), and Lessee such Triple Net Payables shall attempt be taken into account in determining, but shall be additional to agree and not included in, the Preceding Rent or Prevailing Rent, as such terms are used herein. As used herein, "Prevailing Market Rent" shall mean the base rent and all other monetary payments and escalations, including consumer price increases, payable by a tenant, excluding Triple Net Payables (provided however, Prevailing Market Rent shall be determined taking into account an obligation to pay such Triple Net Payables, so, for example, any comparable transaction with so-called gross rent shall be adjusted to be equivalent to the base rent and payments which would be payable if such tenant was obligated to pay Triple Net Payables as Tenant does), that Landlord could obtain from a third party desiring to lease the Premises on an AS IS basis (without further improvements, but otherwise in surrender condition in accordance with the Lease) for a term equal to the Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following by comparison between the Premises and the other space or between the proposed transactions: the size, location and floor levels; the type and quality of tenant improvements; the age and location of the project; quality of construction of the project; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for new leases of space comparable to the Premises in Phase II of Seaport Center and in comparable buildings in the mid-Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor, provided, however, that Prevailing Market Rent shall include an adjustment for so-called free rent, if any, applicable after substantial completion of any tenant improvements, but shall not be reduced or adjusted for "Tenant Concessions" (as defined below), if any, being offered to prospective new tenants of comparable space. For purposes of the preceding sentence, the term "Tenant Concessions" shall include, without limitation, tenant improvement allowances and work, moving allowances, and lease takeovers. The determination of Prevailing Market Rent based upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such monthforegoing criteria shall be made by Landlord, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRVgood faith exercise of Landlord's business judgment. If a party does not appoint an appraiser within ten Within thirty (1030) days after the other party has given notice Tenant's exercise of the name Option To Extend, Landlord shall notify Tenant of its appraiser, Landlord's determination of Option Term Rent for the single appraiser appointed shall be the sole appraiser and shall set the FRVPremises. If there are two appraisers appointed Landlord's determination of Prevailing Market Rent is greater than the Preceding Rent, and if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to revoke and rescind the parties as stated in this paragraph, they shall met promptly and attempt exercise of the option by giving written notice thereof to set the FRV. If the two appraisers are unable to agree Landlord within fifteen ninety (1590) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either notice of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president Landlord's determination of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Prevailing Market Rent.

Appears in 1 contract

Sources: Lease (Genelabs Technologies Inc /Ca)

Option to Extend. Lessee Tenant shall have one an option ("Extension Option") to extend the Term of this Lease for an additional term (hereinafter referred to as “Extended Term”) commencing immediately upon the expiration of the initial term hereof and continuing for a period of five (5) years. The Extension Option may be exercised only , provided that Tenant proceeds strictly in accordance with the event provisions of this Section L. During November of 2007, Tenant shall advise Landlord in writing that Lessee is not in default under Tenant wishes to extend the term of this Lease upon (hereinafter referred to as “Tenant’s Extension Notice”). If at the date time Landlord receives Tenant’s Extension Notice this Lease is in full force and effect without default on the part of exercise. The Extension Option must be exercised by notice the Tenant beyond any applicable cure period, then, during the next thirty (30) days, Landlord shall notify Tenant in writing of such exercise, delivered by Lessee the Rent pursuant to Lessor, not later than 6 months prior to the end Section IV of the Lease which shall be due for the Extended Term. The Base Rent for the Option Term specified by Landlord shall be that which the greater Landlord projects will be the fair market rent as of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Extended Term, whereupon Lessor but in no event less than Twenty-Six and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end 27/100 Dollars ($26.27) per square foot of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience Net Rentable Area in the Central Premises, and Southern Orange County area to appraise and determine such FRVwhich shall be determined on the agreement that there shall be no change in the Tax Base or the Operating Cost Base. If a party does not appoint an appraiser within ten Within three (103) days weeks after the other party Landlord has given Tenant notice of the name Rent pursuant to Section IV of its appraiserthis Lease for the Extended Term, the single appraiser appointed Tenant shall notify Landlord whether or not it agrees to pay such Rent. If Tenant shall agree in writing to pay such Rent, then this Lease shall be extended for the sole appraiser Extended Term without the execution of any additional documents, and each and every term and condition of this Lease shall set apply during the FRVExtended Term except only that the Rent specified in Section IV of this Lease during the Extended Term shall be that agreed upon by Landlord and Tenant, and the phrase “term of this Lease” shall be construed to mean the Extended Term of this Lease. If there are two appraisers appointed by Tenant shall not agree in writing to pay such Rent, this Lease shall terminate as provided in Section III of this Lease and Tenant shall vacate the parties as stated Premises on or before such date in accordance with the provisions of this paragraph, they shall met promptly and attempt to set the FRVLease. If Tenant shall fail to give Landlord written notice in November of 2007 as hereinbefore specified, Tenant shall have no right to extend this Lease for the two appraisers are unable to agree within fifteen (15) days after Extended Term, and this Lease shall terminate as provided in Section III of this Lease and Tenant shall vacate the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting Premises as provided in Section III and in accordance with the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either other provisions of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Lease Agreement (Ace Comm Corp)

Option to Extend. Lessee (a) Tenant shall have one an option ("Extension Option") to extend the Lease Term ("Option to Extend") for one (1) additional term consisting of five (5) years (the "Option Term"). In order to exercise such Option to Extend, Tenant shall notify Landlord in writing at least one hundred eighty (180), but not more than three hundred sixty (360), days prior to the expiration of the respective lease term of its election to exercise the Option to Extend, upon which time Landlord shall submit in writing within thirty (30) days thereafter a proposal for the then current Market Base Rental Rate (per rentable square foot per annum) for the Option Term. Tenant shall have thirty (30) days from the receipt of said notice to (i) accept the proposed Market Base Rental Rate in writing to Landlord, (ii) to reject the Market Base Rental Rate and elect the appraisal process set forth below, or (iii) elect not to extend. If Tenant fails to timely respond to Landlord's notice of Market Base Rental Rate, Tenant will be deemed to have elected the appraisal process as described in clause (ii) above. If Tenant elects not to extend pursuant to clause (iii) above or fails to timely exercise its Option to Extend, time being of the essence, the Option to Extend shall automatically terminate and be of no further force and effect and this Lease shall terminate upon expiration of the then Lease Term. Any such extension shall be upon all of the terms, conditions and covenants of this Lease for a period except as to (A) the amount of five years. The Extension Option may Base Rent, which shall be exercised only in the event that Lessee is determined as set forth herein, (B) options to extend, options to expand, and rights of refusal, which shall not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exerciseapplicable, delivered by Lessee to Lessor, and (C) Tenant allowances or other concessions which shall not later than 6 months prior be applicable to the end extension term. As used herein, "Market Base Rental Rate" shall mean the then Base Rental Rate for comparable first class multi-tenant office buildings of comparable size, location and age in Interlocken Business Park in Broomfield, Colorado, at such time, taking into account the Term. The Base Rent for the Option Term shall be the greater of following factors: (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or rent per rentable square foot; (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms operating expenses and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten tax payments; (10iii) years full-time industrial appraisal experience in the Central current rental escalators; and Southern Orange County area (iv) rental concessions, if any, as applicable to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice market renewals of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)leases.

Appears in 1 contract

Sources: Office Lease (Usurf America Inc)

Option to Extend. Lessee Tenant shall have one (1) option ("Extension Option") to further extend the Term Lease term from March 1, 2018 to and including February 28, 2023 Extension Option term"), on the following terms and conditions: a) Tenant's Extension Option shall be subject to satisfaction of this Lease each of the following conditions precedent, which are solely for a period of five years. the benefit of, and may be waived unilaterally by, Landlord: (i) The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must shall be exercised by written notice in writing of such exercise, delivered by Lessee Tenant to Lessor, not Landlord no later than 6 nine (9) months and no earlier than twelve (12) months prior to the end of the Term. ; (ii) Tenant shall be in occupancy of one hundred percent (100%) of the area of the Premises directly or through a wholly owned subsidiary (at any tier), and not through an unaffiliated assignee or sublessee; and (iii) The Base Rent for Lease shall be in full force and effect and Tenant shall not be in default of any material provision thereof both on the Option day such written notice is delivered to Landlord and on the last day of the Term; provided, however, if Tenant is in default but the cure period has not run, this condition shall be deemed satisfied if Tenant cures the default within the applicable cure period. b) In the event the Term shall be extended as the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% result of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity exercise by Tenant of the PremisesExtension Option, presuming then all terms of the terms, covenants and conditions of this LeaseLease shall remain in full force and effect during the Extension Option term, such FRV being determined commencing at except that the beginning initial minimum monthly rent during the Extension Option term shall be adjusted, as of the month which is two (2) months prior to the commencement of the Extension Option Termterm, whereupon Lessor to the then effective fair market rental rate (“MRV”) as mutually agreed to by Landlord and Lessee Tenant; provided, however, that in no event shall attempt the minimum monthly rent payable for any Lease Year be less than the minimum monthly rent payable for the immediately preceding Lease Year. c) If Landlord and Tenant cannot agree on the MRV within thirty (30) days after Tenant has exercised the Extension Option, then Landlord and Tenant shall then immediately appoint a mutually acceptable appraiser or broker to agree upon establish the FRVnew MRV within the next 30 days. The appraiser shall be an MAI appraiser, or the broker shall be licensed by the State of California, and either shall have a minimum of five years’ experience valuing similar properties in the region. Any associated costs will be split between the parties. If the parties are unable cannot agree on an appraiser or broker to agree upon establish the FRV MRV then either party may apply to the court for the appointment of an appraiser. If the MRV has not been determined by the commencement of the Extension Option term, Tenant shall continue to pay the minimum monthly rent in effect prior to the end of such month, then within ten (10) days thereafter each party, at its cost Extension Option term and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience pay any shortfall in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree minimum monthly rent within fifteen (15) days after the second appraiser MRV has been appointed, they shall attempt to elect a third appraiser meeting the qualifications determined. d) Nothing stated or omitted in this section within ten (10) days after the last day the two appraisers are given Amendment to set the FRV. If the two appraisers are unable to agree on the third appraiser, either Lease shall be construed as a grant of any other extension of the parties term of this Lease or of any commitment to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)further extension.

Appears in 1 contract

Sources: Lease (North Valley Bancorp)

Option to Extend. Lessee Provided Tenant is not then in default, nor has ever been in material default of this Lease, and is then occupying the Premises, Tenant shall have one the option ("Extension Option") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only an additional sixty (60) months at the then market rate for office space in the event that Lessee is not in default under this Lease upon the date of exerciseBuilding. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee Such option to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term extend shall be exercisable by Tenant providing no less than nine (9) months written notice to Landlord of its desire to extend this Lease. Landlord and Tenant shall agree to execute a lease amendment evidencing the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two extension no later than six (26) months prior to the commencement Expiration Date of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRVthis Lease. If such Lease extension is not executed by Tenant and Landlord by the parties are unable to agree upon the FRV date that is six (6) months prior to the end Expiration Date, this option to extend shall be null and void. EXHIBIT G LEASE GUARANTY The undersigned Guarantor, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and of the leasing by MASSACHUSETTS MUTUAL LEFE INSURANCE COMTANY, a Massachusetts corporation, as Landlord, to MEGO MORTGAGE CORPORATION, a Delaware corporation, as Tenant, of certain premises located at 1000 ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇rsuant to and as defined in a lease entitled Office Lease between them dated on or about this date (herein as amended or modified called the "Lease"), does hereby unconditionally guarantee the payment of all rent and other charges and the performance by Tenant of all of its obligations under the Lease. And the Guarantor further covenants and agrees with Landlord, as follows: (a) That if an Event of Default, as defined in said Lease, shall have occurred and be continuing, the Guarantor will, on demand, well and truly pay to Landlord any and all payments that have or will become due to Landlord under the Lease, and will perform or cause to be performed all of the covenants in the Lease to be performed by Tenant and, in addition, will pay all damages that may arise in consequence of such month, then within ten event of default and all costs and attorneys' fees that may be incurred by Landlord in enforcing Tenant's covenants and agreements set forth in the Lease or in enforcing the covenants and agreements of the Guarantor herein. (10b) days thereafter each partyThat, at Landlord's option, the Guarantor may be brought into any action or proceeding commenced by Landlord against Tenant in connection with and based upon the Lease or any provision thereof, or Landlord may proceed separately against Guarantor, and recovery may be had against Guarantor in any such action or proceeding or in any independent action or proceeding against Guarantor, without any requirement that Landlord, its cost successors or assigns, first assert, prosecute or exhaust any remedy or claim against Tenant, its successors and/or assigns. (c) That in the event of any bankruptcy, reorganization, winding-up or similar proceedings with respect to Tenant, no discharge, modification or limitation of Tenant's liability under the Lease which may now or hereafter he imposed by any federal, state or other law or regulation applicable to such proceedings shall discharge, limit or modify the obligation of Guarantor hereunder, which obligation is co-extensive with Tenant's liability as set forth in the Lease without regard to any such discharge, limitation or modification. (d) That this Guaranty shall remain in full force and effect as to any renewal, extension, modification or amendment of the Lease and shall guarantee performance and payment under the Lease by giving any assignee of the interest of the Tenant under the Lease. (e) That Landlord's interest under this Guaranty may be assigned by it by way of security or otherwise without the consent of the undersigned. (f) Guarantor shall be entitled to receive notices of events of default under the Lease and notices or demands given by Landlord to Tenant. (g) Landlord may, from time to time, without notice to or consent of the other partyundersigned, shall appoint a real estate appraiser (i) retain or obtain the primary or secondary liability of any party or parties, in addition to the undersigned, with at least ten respect to any of the obligations guaranteed hereby, (10ii) years full-time industrial appraisal experience in extend or renew for any period (whether or not longer than the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten original period) or alter any of the obligations guaranteed hereby, (10iii) days after release or compromise any liability of the Tenant or any liability of any other party has given or parties primarily or secondarily liable on any of the obligations guaranteed hereby, and (iv) release, compromise or subordinate its title or security interest, if any, in all or any property now or hereafter securing any of the obligations guaranteed hereby. (h) The undersigned waives: (i) notice of the name existence or creation of its appraiserall or any of the obligations guaranteed hereby, (ii) notice of any alteration, amendment, increase, extension or exchange of any of the single appraiser appointed shall be obligations guaranteed hereby or of any events of a nature set out in the sole appraiser preceding or succeeding paragraphs, (iii) notice of any amendment or modification of the Lease, (iv) all diligence in collection or protection of or realization upon the obligations guaranteed hereby or any thereof, any obligation hereunder, or any security therefor, and shall set (v) the FRVright to require Landlord to proceed against Tenant on any of the obligations guaranteed hereby. If there are two appraisers appointed by the parties as stated in Landlord agrees that it will use reasonably diligent efforts to proceed against Tenant prior to taking action under this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen Guaranty. (15i) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree No delay or failure on the third appraiserpart of Landlord in the exercise of any right or remedy shall operate as a waiver thereof, either and no single or partial exercise by Landlord of any right or remedy shall preclude other or future exercise thereof or the parties to exercise of any other right or remedy. No action of Landlord permitted hereunder shall impair or affect this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Guaranty.

Appears in 1 contract

Sources: Office Lease (Mego Mortgage Corp)

Option to Extend. Lessee Provided Tenant shall not be in default hereunder either at the time of the exercise of the option or on the commencement date of the term of the option, Tenant shall have one option two ("Extension Option"2) successive options of five (5) years each to extend the Term term of this Lease for a period beyond the Initial Term upon the same terms and conditions as those herein specified, as applicable to the Initial Term of five yearsLease, with the exception of the minimum monthly rental which shall be as provided in Section 5 .2 herein below. The Extension Option may be exercised only In the event Tenant exercises one or both of the foregoing options, if Landlord's leasehold interest in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months Shopping Center expires prior to the end expiration date of such option or options, this Lease shall terminate as of the Termexpiration date of Landlord's leasehold interest in the Shopping Center, unless this Lease is extended between agreement between Tenant and the owner of the Shopping Center. The Base Rent for Tenant acknowledges and agrees that landlord shall have no obligation to exercise any option which extends the Option Term term of this lease beyond the date on which Landlord's leasehold interest would otherwise terminate. If Tenant elects to exercise the first of said options, Tenant shall be the greater do so by giving Landlord written notice of such election at least six (i6) the Base Rent then in effect months but not more than twelve-- (as periodically adjusted pursuant 12)months prior to the Section 4.1), or (ii) 95% expiration of the "FRV". The "FRV" means Initial Term, and, it 'the then fair rental value being charged for similar premises in Tenant elects to exercise the vicinity additional option, Tenant shall do so by giving Landlord written notice of such election at least six (6) months but not more than twelve (12) months before the beginning of the Premisesadditional period for which the term hereof is to be extended by the exercise of said option. Notwithstanding the foregoing, presuming all terms if Tenant fails to exercise the second option granted hereunder within the above-prescribed time period and conditions Landlord, on or before the termination of this Lease, such FRV being determined commencing at elects to extend the beginning term of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience leasehold interest in the Central and Southern Orange County area Shopping Center (which term would have otherwise expired during the option term which Tenant elected not to appraise and determine such FRV. If a party does not appoint an appraiser within exercise) Tenant shall have ten (10) days after the other party has given receipt of written notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated Landlord's extension election in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt which to elect a third appraiser meeting to exercise the qualifications stated in this section otherwise expired option by giving Landlord written notice of such election within said ten (10) days after the last day the two appraisers are given to set the FRVperiod. If Tenant exercises either option hereunder, the two appraisers are unable to agree on term of this Lease shall be automatically extended for the third appraiseradditional period of years covered by the option so exercised, either or such portion thereof as Tenant's leasehold interest in the Shopping Center is in effect, without execution of the parties to an extension or renewal lease. As used in this Lease, by giving ten (10) days notice the phrases "term of this Lease", "the term hereof", "Lease Term" or words of like import shall refer to the other party, can apply Interim Term of this Lease and to the then president Initial Term of this Lease, as the County Real Estate Boardcase may be, or together with, in any such case, any extended term with respect to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, which an option shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)exercised.

Appears in 1 contract

Sources: Employment Agreement (Piedmont Bancorp Inc)

Option to Extend. Lessee Provided no uncured Tenant default exists at the time such option is exercised or as of the date the Extended Term (defined below) is to commence, Tenant shall have one the option ("Extension Option") to extend the Term term of this Lease for a one (1) additional period of five years(5) years (“Extended Term”). The Extension Option Tenant may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised exercise such extension right by providing written notice in writing of such exercise, delivered by Lessee to Lessor, Landlord not later than 6 months one hundred eighty (180) days prior to the end expiration of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions initial term of this Lease, . Annual Basic Rent during the first year of such FRV being determined commencing Extended Term will be at a rate equal to the beginning of then prevailing Fair Market Rental Rate (“FMRR”) for buildings along the month which is two ▇▇▇▇▇▇▇ Boulevard corridor. Not later than one hundred twenty (2120) months days prior to the commencement expiration of the Option Terminitial term, whereupon Lessor and Lessee shall attempt to agree upon Landlord will notify Tenant of the FRVFMRR. If Tenant disputes Landlord’s determination of the parties are unable to agree upon the FRV FMRR and such dispute cannot be resolved on or before ninety (90) days prior to the end expiration of such monththe initial term, then within ten (10) days thereafter each party, at its cost Landlord and by giving notice to the other party, shall appoint Tenant will agree upon a mutually acceptable real estate appraiser broker familiar with at least rental rates along the ▇▇▇▇▇▇▇ Boulevard corridor and having not less than ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area brokerage experience. The determination of such broker, to appraise and determine such FRV. If a party does be received not appoint an appraiser within ten later than sixty (1060) days after prior to the other party has given notice expiration of the name of its appraiserinitial term, will be binding on Landlord and Tenant; provided, however, that in no event will Annual Basic Rent during the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either first year of the parties to this Lease, by giving ten (10) days notice to Extended Term be less than that in effect during the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this sectionimmediately preceding Lease Year. Each of the parties shall bear one-half of Landlord and Tenant will share the cost of appointing the third appraiser and services of paying any such broker. Annual Basic Rent for the third appraiser's fee. The third appraiserExtended Term, however selectedestablished as set forth above, shall will be a person who has not previously acted in any capacity for either party. Within fifteen subject to an annual increase of three percent (153%) days after the selection during each subsequent Lease Year of the third appraiser, a majority Extended Term. Tenant will remain liable during the Extended Term for Tenant’s Percentage of any increases in Direct Expenses over the appraisers shall set Direct Expenses Base (which will remain unchanged throughout the FRVExtended Term). If a majority of the appraisers are unable This Option to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Extend is personal to Tenant and is not transferable to any subtenant or assignee.

Appears in 1 contract

Sources: Office Lease (Solar Power, Inc.)

Option to Extend. Lessee So long as no Event of Default has occurred and is continuing at the time it exercises the Option to Extend or on the Expiration Date of the Term (or the first Extended Term, as the case may be), Tenant shall have one the right and option ("Extension Option") to extend the Term of this Lease lease (“Option to Extend”) for a period two (2) additional option periods of five years(5) years (each an “Extended Term”), upon the same terms and conditions herein set forth except that the Base Rent (as defined in Section 3, below) shall be an amount equal to ninety-seven and one-half percent (97.5%) of “Fair Market Value” as defined in and determined in accordance with the terms and conditions of Exhibit D, attached hereto. The Extension If Tenant exercises its Option may to Extend, for either Extended Term, Base Rent for the first twelve (12) months of such Extended Term shall be exercised only amount determined in accordance with the event preceding sentence, and shall be subject to increases of three percent (3%) for each subsequent twelve (12) month period during the Extended Term, adjusted as of each annual anniversary of the expiration of the initial Term. To exercise the Option to Extend, Tenant must give Landlord notice in writing sent so as to be received at least two hundred seventy (270) days prior to the Expiration Date. If Tenant timely exercises an Option to Extend, each applicable Extended Term shall be deemed included within the definition of “Term” hereunder; provided, however, that Lessee Tenant’s failure to properly exercise its Option to Extend for the initial Extended Term shall render Tenant’s right to the second Extended Term null and void. At Landlord’s election, Tenant’s exercise of its Option to Extend shall be void if Tenant is not in default under this Lease upon beyond any applicable notice and cure period on the date of exercise. The Extension it exercises its Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), Extend or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Expiration Date.

Appears in 1 contract

Sources: Lease Agreement (Verigy Ltd.)

Option to Extend. Lessee shall have one option Landlord hereby grants to Tenant two ("Extension 2) options (each, an “Option"” and, collectively, the “Options”) to extend the initial term of the Lease (“Initial Term”) for additional periods of five (5) years each (each, an “Option Term”) as to the entire Premises, which extension(s) shall be upon and subject to the terms and conditions set forth in this Lease. Tenant shall have no right to extend the Initial Term except as expressly provided in this Paragraph 44. The first Option Term shall commence upon the expiration of the Initial Term and the second Option Term shall commence upon the expiration of the first Option Term. Tenant may not exercise the second Option if Tenant has not exercised the first Option. Each Option shall be exercised, if at all, by Tenant’s delivery of both (i) written notice of exercise to Landlord and (ii) as a condition precedent to Tenant’s right to exercise the applicable Option, a renewal or substitute letter of credit, in the Letter of Credit Amount, expiring not earlier than one hundred twenty (120) days after the applicable Option Term, in accordance with, and subject to the terms and conditions of, Paragraph 5 of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exerciseLease, delivered by Lessee to Lessor, not no later than 6 nine (9) months nor earlier than twelve (12) months prior to the end expiration date of the TermInitial Term with respect to the first Option, and no later than nine (9) months nor earlier than twelve (12) months prior to the expiration of the first Option Term with respect to the second Option. The Base Rent for the to be paid during each Option Term shall be the greater Prevailing Market Rent, as hereinafter defined. As used herein, the term “Prevailing Market Rent” shall mean the rent (including any additional rent and/or applicable base year) and all other monetary payments and escalations that Landlord could obtain from a third party tenant comparable to Tenant desiring to lease the Premises for the applicable Option Term, taking into account the age of the Project, the size of the Premises, the type and quality of tenant improvements, the location of the Premises, the quality of construction of the Project and the Premises, the services provided under the terms of the Lease, the rent and brokers commissions then being paid for the renewal of leases of space comparable to the Premises in the City of San ▇▇▇▇, and all other factors, including any rent abatement concessions, tenant improvement allowances and all other concessions then prevailing in the market for office/research and development buildings in San ▇▇▇▇, that would be relevant to a third party in determining the rent such party would be willing to pay to lease the Premises for the applicable Option Term; provided, however, in no event shall the Prevailing Market Rent be less than (A) with respect to the first Option Term, the Rent payable by Tenant to Landlord at the expiration of the Initial Term and/or (B) with respect to the second Option Term, the Rent payable by Tenant to Landlord at the expiration of the first Option Term. If (i) a Default by Tenant exists or ripens under any of the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1)terms, covenants, or conditions of this Lease or (ii) 95% Tenant does not occupy at least fifty percent (50%) of the "FRV"Premises (as then configured), either at the time Tenant exercises the applicable Option or at any time thereafter prior to the commencement date of the applicable Option Term (each, an “Option Commencement Date”), then in each case, Tenant’s exercise of the applicable Option shall be of no force and effect and Tenant shall have no rights hereunder to extend the Initial Term. The "FRV" means Options shall be personal to the entity then fair rental value being charged for similar premises constituting the Tenant under this Lease, and shall not be transferable or assignable to any third party, except (i) an assignee of this Lease to which Landlord shall have expressly consented in writing (pursuant to the vicinity of the Premises, presuming all terms and conditions of this Lease) and/or (ii) a Permitted Transferee to which this Lease has been assigned (either being a “Permitted Option Assignee”); provided, however, that Tenant hereby agrees and acknowledges that, if any such FRV being determined commencing at Permitted Option Assignee exercises an Option, the beginning assigning Tenant (to the extent still in existence), in each instance (i.e., any and all assignors), shall remain fully liable for any and all obligations of the month which is two “Tenant” under this Lease during the applicable Option Term (2and any extensions thereof). On or before five (5) months prior to the commencement business days after Tenant provides Landlord with notice of the Option TermTenant’s exercise of an Option, whereupon Lessor Landlord and Lessee Tenant shall attempt commence negotiations to agree upon the FRVPrevailing Market Rent applicable thereto. If the parties Landlord and Tenant are unable to agree upon reach agreement on the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree Prevailing Market Rent within fifteen (15) business days after the second appraiser has been appointeddate negotiations commence, they shall attempt to elect a third appraiser meeting then the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, Prevailing Market Rent shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).determined as follows:

Appears in 1 contract

Sources: Net Lease Agreement (Calix, Inc)

Option to Extend. Lessor hereby grants to Lessee shall have one an option ("Extension the “Option") to extend the Term term of this Lease the Lease, for a an additional period of five yearsthree (3) years (the “Option Term”). The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised exercised, if at all, by written notice in writing of such exercise, (an “Option Notice”) delivered by Lessee to Lessor, Lessor not later than 6 six (6) months prior to the end of the term then in effect. Further, the Option shall not be deemed to be properly exercised if, as of the date of the Option Notice or at the end of the term then in effect, Lessee (i) is in default under the Lease, which default has not been cured as of the date in question, (ii) has assigned all or any portion of this Lease or its interest therein except in a transaction that does not require Lessors consent, or (iii) has sublet fifty percent (50%) or more of the Premises except in a transaction that does not require Lessor’s consent. Provided Lessee has properly and timely exercised the Option, the term of the Lease shall be extended by the Option Term, and all terms, covenants and conditions of the Lease shall remain unmodified and in full force and effect, except that (y) Lessee shall pay initial base rent determined as set forth below in this paragraph, and (z) after the exercise of the Option, Lessee shall have no options remaining. Lessor shall have no obligation whatsoever in connection with any extension of the term of this Lease to remodel, alter or improve the Premises for use by Lessee, to provide any improvement or construction allowance to Lessee, or to pay or reimburse Lessee for any remodeling, alterations or improvements to the Premises. The Base Rent for initial base rent during the Option Term shall be the greater of ninety-five percent (i95%) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair market rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions Premises as of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon determined as provided below. As used herein, “fair market rental value” shall mean the projected prevailing rental rate as of the first day of the Option Term for similar commercial space improved or presumed to be improved with Lessee improvements of substantially similar age, quality and layout as then existing in the Premises and situated in similar office buildings in the Sierra Point area of San Mateo County, including without limitation annual increases in the base rent, taking into account all relevant factors, including term, the presence or absence of leasing commissions, and the presence or absence of tenant concessions. Promptly after delivery of the Option Notice, Lessor and Lessee shall meet and confer and attempt to agree upon the FRVfair market rental value of the Premises. If they are notable to agree, either party may give written notice to the other that the fair market rental value is to be determined by appraisal as provided herein. Within twenty (20) days following such notice, each party shall by written notice to the other appoint an independent and qualified appraiser. Each of such appraisers shall, within thirty (30) days, following appointment, give written notice to both parties of the appraiser’s determination of fair market rental value. If the parties determinations of such appraisers are unable in agreement, the initial base rent for the Option Term shall be ninety-five percent (95%) of the fair market rental value so determined. If the difference between such determinations is five percent (5%) of the higher appraisal or less, the average of the two determinations shall be the fair market rental value. If the difference is more than such percentage, then during the ten-day period following the appraisers’ determinations, Lessor and Lessee shall again meet and confer and attempt to agree upon the FRV prior fair market rental value of the Premises. If they are not able to agree, the end of such month, then within ten two appraisers shall appoint an independent M.A.I. appraiser with not less than five (105) years experience with office leases in the area in which the building is located. Within thirty (30) days thereafter each partyfollowing appointment, at its cost and by giving the third appraiser shall on written notice to the other partyparties determine the fair market rental value, which determination shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in be binding upon the Central parties. Each party shall pay the fees and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice expenses of the name of its appraiser, the single appraiser appointed shall be the sole appraiser by it and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser fees and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection expenses of the third appraiser, a majority . If base rent has not been determined as of the appraisers shall set the FRV. If a majority commencement of the appraisers are unable to set Option Term, Lessee shall pay the FRV, Base Rent in the FRV amount specified by Lessor until base rent is finally determined. Upon such determination any overpayment or underpayment of base rent shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)reconciled.

Appears in 1 contract

Sources: Office Lease (Ign Entertainment Inc)

Option to Extend. Lessee (a) Subject to section 3 above, Tenant shall have one the option ("Extension Option") to extend the Term of this Lease for a period one (1) further term of five years(5) years (the "Extension Term"). The Such extension shall be on the terms and conditions of Landlord's then current standard form of lease for the Project, and (i) there shall be no further right to extend after the expiry of the Extension Option may Term, (ii) the Basic Rent shall be exercised only such increased amount as determined pursuant to subsection (b) of this section, and (iii) there shall be no tenant's allowance or rent-free period for the Extension Term and the Premises shall be accepted by Tenant in "as is" condition at the event that Lessee is not in default under this Lease upon commencement of the date of exerciseExtension Term without Landlord being required to perform any work. The Extension Option must Such right to extend shall be exercised exercisable by notice in writing of such exercise, delivered to Landlord by Lessee to Lessor, not later than 6 months six (6) months, and not earlier than twelve (12) months, prior to the end expiry of the Term. original Term hereof, failing which such right shall be null and void and forever extinguished. (b) The Base Basic Rent for the Option Extension Term shall be the greater of (i) the Base Basic Rent then payable hereunder in effect respect of the twelve (as periodically adjusted pursuant to 12) months immediately preceding the Section 4.1)commencement of the Extension Term, or and (ii) 95% of the market rent for the Premises ("FRVMarket Rent"). The As used herein, "FRVMarket Rent" means the then fair annual rental value being charged which could reasonably be obtained by Landlord for similar premises the Premises from a willing tenant or willing tenants dealing at arms' length with Landlord in the vicinity market prevailing for a term commencing on the commencement date of the Extension Term, having regard to all relevant circumstances including the size and location of the Premises, presuming all the facilities afforded, the terms of the lease thereof (including its provisions for Additional Rent), the condition of the Premises and conditions the extent and quality of the improvements therein (disregarding Tenant's trade fixtures and also disregarding any deficiencies in the condition and state of repair of the Premises as a result of Tenant's failure to comply with its obligations hereunder in respect of the maintenance and repair of the Premises) and the use of the Premises and having regard to rentals currently being obtained for space in the Building and for comparable space in other buildings comparably located. The Market Rent for the Extension Term shall be as agreed upon between Landlord and Tenant or, failing agreement by Landlord and Tenant by not later than three (3) months prior to the expiry of the Term hereof, the Market Rent shall be established in the manner set out in subsection (c) of this Lease, such FRV being section. In the event that the Basic Rent payable during the Extension Term has not been determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Extension Term, whereupon Lessor then until such determination has been made Tenant shall pay Basic Rent at a rate equal to one hundred and Lessee fifty (150%) percent of the Basic Rent payable during the last year of the original Term hereof. Upon determination of the Basic Rent for the Extension Term either Landlord shall attempt pay to agree upon the FRV. If the parties are unable Tenant any excess, or Tenant shall pay to agree upon the FRV prior to the end of such monthLandlord any deficiency, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice payments of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed Basic Rent previously made by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Tenant.

Appears in 1 contract

Sources: Lease Agreement (Transformation Processing Inc)

Option to Extend. Lessee shall have one A. Landlord grants to Tenant the option ("Extension Option") to extend the Term term of this Lease for a period two 3-year periods commencing when the prior term expires upon each and all of five years. The Extension Option may be exercised only in the event that Lessee is not in default under following terms and conditions: (i) Tenant gives to Landlord and Landlord receives notice of the exercise of the option to extend this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not for said additional term no later than 6 twelve (12) months prior to the end time that the option period would commence if the option were exercised, time being of the Termessence. The Base Rent for If said notification of the Option Term exercise of said option is not so given and received, this option shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or automatically expire; (ii) 95% At the time said written notification of exercise of option is given and received, Tenant shall not be in default under any of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions material obligations of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months Lease to be performed by Tenant and this Lease shall not have previously terminated nor terminated prior to the commencement of the Option Term, whereupon Lessor option term; (iii) All of the terms and Lessee conditions of this Lease except where specifically modified by this option shall attempt apply; (iv) The monthly rent for each month of the option period shall be calculated as follows: The rent payable by Tenant during the first option period shall be the Fair Market Rental Value of the Premises (as defined below) at the commencement date of the option period. There shall be an annual C.P.I. increase not to agree upon exceed four percent (4%) in each subsequent year of the FRVfirst option period. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience The rent in the Central first year of the second option period shall be the rent in the last year of the first option period to which will be added a C.P.I. increase not to exceed four percent (4%). There shall be an annual C.P.I. increase not to exceed four percent (4%) in each subsequent year of the second option period. All of the C.P.I. increases during the option periods shall be calculated on the basis of the formula provided in the Lease 1 5.B. If Landlord and Southern Orange County area to appraise and determine such FRV. If a party does Tenant cannot appoint an appraiser agree on the Fair Market Rental Value of the Premises for the extension periods within ten forty-five (1045) days after the Tenant has notified Landlord of its exercise of the option, Landlord and Tenant shall each select, within forty-five (45) days of such notification, an appraiser who must be a qualified M.A.I. appraiser to determine said Fair Market Rental Value. If one party fails to so designate an appraiser within the time required, the determination of Fair Market Rental Value of the one appraiser who has been designated by the other party has given notice hereto within the time required shall be binding upon both parties. The appraisers shall submit their determinations of Fair Market Rental Value to both parties within thirty (30) days after their selection. If the difference between the two determinations is ten percent (10%) or less of the name of its appraiserhigher appraisal, then the single appraiser appointed average between the two determinations shall be the sole appraiser and shall set Fair Market Rental Value of the FRVPremises. If there are two appraisers appointed by the parties as stated in this paragraphsaid difference is greater than ten percent (10%), they shall met promptly and attempt to set the FRV. If then the two appraisers are unable to agree shall within fifteen twenty (1520) days after of the second appraiser has been appointed, they shall attempt date that the later submittal is submitted to elect the parties designate a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRVwho must also be a qualified M.A.I. appraiser. If the two appraisers are unable to agree on The sole responsibility of the third appraiser, appraiser will be to determine which of the determinations made by the first appraisers is most accurate. The third appraiser shall have no right to propose a middle ground or any modification of either of the parties to this Lease, determinations made by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's feefirst two appraisers. The third appraiser, however selected, 's choice shall be a person who has not previously acted in any capacity for either party. Within fifteen submitted to the parties within thirty (1530) days after his or her selection. Such determination shall bind both of the selection parties and shall establish the Fair Market Rental Value of the Premises. Each party shall pay for their own appraiser and shall pay an equal share of the fees and expenses of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Lease Addendum (Fair Isaac & Company Inc)

Option to Extend. Lessee (a) Tenant shall have one the option (the "Extension Option") to extend the Term term of this Lease for a one (1) additional period ("Option Term") of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease (5) years upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end all of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being other than the Minimum Monthly Rent, which shall be determined commencing as described below. The Option must be exercised, if at the beginning all, by Tenant giving Landlord written notice of the month which is two exercise thereof no more than twelve (212) and no less than eight (8) months prior to the expiration of this Lease Term (as extended by any previously duly exercised Option). Any failure of Tenant to give due notice of its exercise of the Option within the required time shall constitute an irrevocable election on the part of Tenant not to exercise the Option, and this Lease shall expire at the end of the Term. Tenant shall have no other right to extend this Lease Term beyond the Option Term described herein. Notwithstanding anything set forth herein to the contrary, if on the date of giving the notice, there exists any Event of Default on the part of Tenant under this Lease, this Section shall be void. Tenant's notice shall be ineffective, the Option Term shall not commence and this Lease shall expire as scheduled. In addition, any due exercise of the Option hereunder shall be voidable by Landlord if, at the time of such exercise, there existed any condition of default on the part of Tenant that Tenant thereafter fails to cure within any applicable notice and/or cure period. (b) The Minimum Monthly Rent during the Option Term initially shall be the "Fair Market Rental Value" of the Premises, as defined below, as of the first day of the Option Term; provided, however, that in no event shall the Minimum Monthly Rent for any portion of the Option Term be less than the Minimum Monthly Rent in effect for the last month of the Term immediately preceding the commencement of the Option Term, whereupon Lessor regardless of any determination of a Fair Market Rental Value pursuant to the other provisions of this Section that would result in a lower Minimum Monthly Rent. (c) Upon exercise of the Option, Landlord and Lessee shall Tenant shall, in good faith, attempt to reach a mutually acceptable Fair Market Rental Value of the Premises and consequent Minimum Monthly Rent for the Option Term. If Landlord and Tenant cannot agree upon the FRV. If Fair Market Rental Value within thirty (30) days of Tenant's exercise of the parties are unable Option, then, each party shall make a separate determination of the Fair Market Rental Value within five (5) business days thereafter and, concurrently exchange such determinations and such determinations shall be submitted to agree upon the FRV prior to the end of such montharbitration as set forth below, then within Within ten (10) days thereafter thereafter, Landlord and Tenant shall each party, at its cost select and by giving notice to notify the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiseran "Evaluator," who, for purposes of this Section, shall be an independent and impartial real estate professional (such as a licensed real estate agent) having more than ten years' experience in the leasing of space comparable to the Premises. The determination of the Evaluators shall be limited solely to the issue of whether Landlord's or Tenant's submitted Fair Market Rental Value is the closest to the actual Fair Market Rental Value, as determined by the Evaluators, taking into account the requirements of this Section 3.4 (i.e., the single appraiser appointed shall be the sole appraiser arbitrators may only select Landlord's or Tenant's determination and shall set not be entitled to make a compromise determination). In the FRV. If there are two appraisers appointed by event the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to Evaluators cannot agree on the actual Fair Market Rental Value, each Evaluator shall promptly proceed to select a third appraiserEvaluator, either who shall have the aforesaid qualifications of an Evaluator. The three Evaluators shall determine the Fair Market Rental Value of the parties Premises and shall deliver to this Lease, by giving ten (10) days notice to the other party, can apply to the then president both Landlord and Tenant a copy of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).such

Appears in 1 contract

Sources: Standard Industrial Net Lease (Genetronics Biomedical Corp)

Option to Extend. Lessee The Tenant shall have one option ("Extension Option") the right to extend renew the Term of this within Lease for a period oneextended term of five (5) years. , subject to the following terms and conditions: (a) The Extension Option may be exercised only in the event that Lessee is Tenant has not been in default under this Lease upon the date terms of exercise. the within Lease; (b) The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, Tenant has given the Landlord at least six (6) months and not later more than 6 twelve (12) months prior written notice of its intention to exercise the end option in this paragraph contained; (c) The tenancy of the Term. The Base Rent for Tenant in the Option Term Demised Premises shall be on the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all same terms and conditions of this as are contained in the within Lease, such FRV being determined commencing at except that there shall be no further option to extend and except that the beginning of Minimum Rent will be as provided in this paragraph; (d) The Minimum Rent during the month which is two aforesaid extended term shall be negotiated and agreed to by the Landlord and the Tenant no later than three (23) months prior to the commencement of the Option Termextended term. The Minimum Rent during the extended term shall be the fair market rate for premises similar to the Demised Premises, whereupon Lessor used for a purpose similar to that of the Demised Premises, in properties similar to the Demised Premises, in the immediate vicinity of the building, provided, however, that in no event will such Minimum Rent be less than the Minimum Rent payable in the last year of the term immediately proceeding the said extended term. (e) If the Minimum Rent which shall be applicable during the renewal term has not been mutually agreed upon by the Landlord and Lessee the Tenant at least 3 months prior to the expiry of the Term the Minimum Rent applicable during the renewal term shall attempt to be determined by arbitration by a single arbitrator chosen by the Landlord and the Tenant, and if they cannot agree upon the FRVarbitrator within 5 days after written request for arbitration by either party to the other, either party may apply to a judge for the appointment of an arbitrator in accordance with the provisions of the Arbitrations Act (Ontario). If The provisions of the parties are unable to agree Arbitrations Act shall govern the arbitration and the decision of the arbitrator shall be final and binding upon the FRV parties. The arbitrator shall be instructed to render its decision no later than 15 days prior to the expiry of the Term. If, however, the arbitrator has not rendered its decision by the end of such monththe Term, then within ten (10) days thereafter each party, at its cost and by giving notice the Tenant shall continue to pay the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in Minimum Rent it was paying during the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice last month of the name of Term until such time as the arbitrator renders its appraiserdecision, whereupon the single appraiser appointed appropriate adjustments shall be made between the parties. The rent payable for the renewal term shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed fair market value rent as determined by the parties as stated arbitrator, but in this paragraph, they shall met promptly and attempt to set no event will such minimum rent be less than the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated minimum rent payable in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either year of the parties to this Lease, by giving ten (10) days notice term immediately preceding the said renewal term. All documents and proceedings with respect to the other party, can apply arbitration are to the then president be kept confidential by each of the County Real Estate Boardparties, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the such cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, arbitration shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after shared equally between the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Landlord and Tenant.

Appears in 1 contract

Sources: Lease (Methes Energies International LTD)

Option to Extend. Lessee Tenant shall have one and is hereby given the option ("Extension Option") to extend the term of this Lease for an additional five (5) year period upon all the same terms and conditions as herein contained by serving notice thereof upon Landlord at least six (6) months before the expiration of the original Term. Upon the service of said notice, this Lease shall be extended upon all its terms and conditions for such additional five (5) year period (other than Monthly Base Rent, which will be established in the manner provided below) without the necessity of the execution of any further instrument or documents; provided, however, that if at either the date of expiration of the original Term of this Lease for a or the date upon which Tenant exercises such option, Tenant is in default beyond any grace period of five years. The Extension Option may be exercised only herein provided in the event that Lessee is not in default under performance of any of the terms or provisions of this Lease, any such exercise of Tenant's option to so extend the term of this Lease upon shall be and become null and void. If Tenant exercises the date option to extend the term of exercise. The Extension Option must be exercised by notice in writing of such exercisethis Lease as hereinabove provided, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Monthly Base Rent for the Option Term five (5) year extension period shall be not exceed ninety-five (95%) percent of the greater of (i) rental charged for premises similar to the Premises in the Kapiolani Business District; provided, however, that the Monthly Base Rent then shall in effect (as periodically adjusted pursuant to no event be lower than the Section 4.1), or (ii) 95% Monthly Base Rent established for the last month of the "FRV"period immediately preceding the extended term. The "FRV" means Landlord shall provide Tenant with Landlord's estimate of the then fair Monthly Base Rent for the Premises at least seven (7) months before the expiration of the original Term. If Landlord and Tenant are unable to agree on such rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two least three (23) months prior to the date of commencement of such period, such Monthly Base Rent shall be determined by a single appraiser in the Option Term, whereupon Lessor and Lessee shall attempt to event that the parties agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end appointment of such monthan appraiser, then within ten otherwise by three (103) days thereafter impartial appraisers selected as follows: Landlord and Tenant shall each party, at its cost select an appraiser and by giving give written notice promptly thereof to the other party, and if either party shall appoint a real estate appraiser with at least ten fail to do so within twenty (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (1020) days after written notice has been given to such party by the other of such selection, the party who has given notice named an appraiser shall have the right to apply to any judge of the name Circuit Court of its the First Judicial Circuit of the State of Hawaii for the selection and appointment of an appraiser for the party so failing to appoint an appraiser, the single . The two (2) appraisers thus appointed (in either manner) shall select and appoint a third appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has shall have been appointed. In the event that said two (2) appraisers fail or neglect to appoint the third of them, they shall attempt to elect a third appraiser meeting either party may, upon the qualifications stated in this section within expiration of ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either mailing of the parties to this Lease, by giving ten (10) days written notice to the other party, can apply have the third appraiser appointed by any judge of said court. All of said appraisers shall be neutral and recognized real estate appraisers and shall also be members of the Appraisal Institute or any successor organization. The single appraiser or three (3) appraisers so appointed shall thereupon proceed to determine said rental, based on the then fair monthly rental value for the Premises, exclusive of any fixtures, alterations, additions or improvements installed or made by Tenant. The decision of said single appraiser or, if there shall be three (3) appraisers the decision of the majority of them, shall be final, conclusive and binding upon the parties. In the event the appraiser or appraisers shall render their decision after the commencement of the year for which rent is being determined, rent shall be payable at the rate in effect for the previous year until their decision is rendered, but the new rent established by such appraisal shall become effective retroactively to the then president commencement of said year for which rent is being determined and shall be payable immediately on the County Real Estate Boarddetermination of such rent, or together with interest thereon at the rate of twelve percent (12%) per annum from the date such payments would have been due until actually paid in full. If Landlord and Tenant are unable to the presiding judge of the Superior Court of the Countyagree on rent and if such rent shall be fixed by appraisal, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties Tenant and Landlord shall bear each pay one-half (1/2) of all costs of such appraisal, including, without limitation, the cost of appointing the third appraiser and of paying the third appraiser's feeappraisers' fees. The third appraiserforegoing option shall run only in favor of Levi ▇▇▇▇▇▇▇ & Co. and any assignee which is a wholly-owned subsidiary, however selectedparent corporation, or corporation the shares of which are owned by a parent company of Tenant (an "Affiliate"), and is not otherwise assignable in whole or in part. Said option shall be terminate on any assignment of this Lease by Tenant to a person who has not previously acted party other than an Affiliate, whether in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, whole or in which case, the middle appraisal shall be the FRV)part.

Appears in 1 contract

Sources: Sublease (Cheap Tickets Inc)

Option to Extend. Lessee Provided that Landlord has not given notice of a material default which remains uncured on the part of Tenant, either at the time of exercise of the Option to Extend (as hereinafter defined) or at the time the extended Term commences, Tenant shall have one the option ("Extension Option") to extend (“Option to Extend”) the Initial Term of this Lease for a one (1) additional period of five years. The Extension three (3) years (“First Option may be exercised only in the event that Lessee is not in default under this Lease upon the date Period”) followed by one (1) additional period of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) years (“Second Option Period”), and except as may be expressly provided otherwise herein, on the same terms, covenants and conditions provided herein, except that upon the exercise of such Option to Extend the Monthly Rent due shall be equal to ninety five percent (95%) of the Fair Market Rental Rate (as hereinafter defined); provided, however, the Monthly Rent payable during the First Option Period and Second Option Period shall not be less than the Monthly Rent payable during the immediately preceding month of the Initial Term or First Option Period, as applicable. In addition, there shall be no broker’s commission payable by Landlord other than as agreed to by Landlord in writing; i.e. no commission shall be payable as a result of Tenant’s election to exercise its Option to Extend. Tenant shall exercise its Option to Extend for the First Option Period and Second Option Period by giving Landlord written notice (“Option Notice”) of its election to extend the Lease at least nine (9) months prior to the commencement expiration of the Option Initial Term, whereupon Lessor or the First Option Period, as applicable, and Lessee the failure by Tenant to give Landlord such Option Notice shall attempt render the applicable Option to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost Extend null and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)void.

Appears in 1 contract

Sources: Office Lease (Annie's, Inc.)

Option to Extend. Lessee (a) Tenant shall have one the option ("Extension Option") to extend the Term Lease for one (1) term of five (5) years (the "Renewal Term") provided that this Lease for a period of five years. The Extension Option may be exercised only is in the event that Lessee full force and effect, Tenant is in occupancy, and Tenant is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee pursuant to Lessor, not later than 6 months prior to the end any of the terms of the Lease at the time of the exercise of this option to extend or at the time of commencement of the Renewal Term. The option granted herein shall no be severed from this Lease, or separated, sold or assigned in connection with an acquisition, merger, or change of form of organization of Tenant if (i) notice is provided to Landlord in accordance with Section 8(b) of the Lease, (ii) approval of said new entity by Landlord is obtained in accordance with Section 8 of the Lease, and (iii) Tenant remains primarily liable under the Lease. (b) The Renewal Term shall be upon the same terms, covenants and conditions as provided in this Lease, except that the Base Rent for shall be adjusted as hereinafter provided, the Option Tenant shall not be entitled to any of the allowances, credits or payments provided in this Lease, and the Base Year shall be adjusted to the first year of the Renewal Term. Tenant shall have no further right to renew. (c) The Base Rent at the commencement of the Renewal Term shall be the greater of (i) the Base Rent then prevailing market rate for similar office buildings in effect (as periodically adjusted pursuant to the Section 4.1)Tysons Corner, Virginia area or (ii) 95% the Base Rent in effect immediately before the Lease Expiration Date. The determination of the "FRV". The "FRV" means the then fair rental value being charged for prevailing market rate shall be determined in good faith by Landlord based on similar premises first-class buildings in the vicinity Northern Virginia metropolitan area and shall take in to account (i) tenant improvement allowances and other rental concessions, (ii) the condition of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at (iii) the beginning condition of the month space with which is two the Premises are being compared. (2d) Such option to extend shall be exercised by Tenant giving written notice to Landlord not less than twelve (12) and no more than fifteen (15) months prior to the Lease Expiration Date. Landlord shall within twenty (20) days of the date it receives notice of Tenant's election to exercise its option to extend, notify Tenant of the Base Rent to be charged at the commencement of the Option Renewal Term, whereupon Lessor and Lessee . Tenant shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within have ten (10) days thereafter each party, at from the date of the Landlord's notification of the Base Rent to be charged to nullify its cost and exercise of the option by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given providing Landlord written notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRVsame. If there are two appraisers appointed tenant nullifies its exercise of this option to extend, this option shall terminate and be of no further force and effect. (e) Tenant agrees to accept the Premises in the condition then existing as of the date of the commencement of the Renewal Term. Landlord shall not be responsible for performing any work, furnishing any materials or providing nay allowances for improvements to the Premises, except as mutually agreed upon by the parties as stated in this paragraph, they shall met promptly Landlord and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Tenant.

Appears in 1 contract

Sources: Office Lease (Allied Research Corp)

Option to Extend. Lessee Provided that this Lease is in full force and effect and Tenant is not in default under any of the material terms and conditions of this Lease at the time of notification and commencement beyond applicable notice and cure periods, if any, at the time of notification and commencement, then Tenant shall have one the option ("the “First Extension Option") for each such Premises to extend the Term of this Lease on up to one hundred percent (100%) of the Premises for a period of five years. The (5) years (the “First Extension Option may be exercised only in Term”), commencing on the event that Lessee is not in default under this Lease upon day immediately following the original Termination Date and expiring on the five (5) year anniversary of the original Termination Date (the “First Extension Term Termination Date”), for the portion of the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises and/or the 28 ▇▇▇▇▇▇ Premises then being leased by Tenant as of the date of exercise. The the First Extension Option must be exercised by notice in writing of such exerciseTerm is to commence, delivered by Lessee to Lessor, not later than 6 months prior to on the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all same terms and conditions of as set forth in this Lease, such FRV being determined commencing at except as modified by the beginning of terms, covenants and conditions as set forth hereinbelow: 40.1.1 If Tenant elects to exercise the month First Extension Option with respect to the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises and/or the 28 ▇▇▇▇▇▇ Premises, then Tenant shall provide Landlord with written notice no earlier than the date which is two fifteen (215) months prior to the commencement original Termination Date, but no later than the date which is twelve (12) months prior to the original Termination Date. If Tenant fails to timely provide such written notice, Tenant shall have no further or additional right to extend the Term of the Lease for the First Extension Term. 40.1.2 The Annual Rent and Monthly Installment in effect as of the day immediately preceding the Termination Date shall be adjusted to reflect the current Fair Market Rent for the applicable Premises as of the date the First Extension Term is to commence. The “Fair Market Rent” shall mean the arm’s length fair market annual rental rate per rentable square foot under leases entered into on an as-is basis to private sector tenants for a comparable term on or about the date on which the fair market rent is being determined for space comparable to the applicable Premises in the applicable Building and in office buildings comparable to such Building in the immediate vicinity of the Park, taking into account all relevant factors, including without limitation, the adjustment of tax and operating expense base years, as applicable, tenant improvement allowances and any concessions then being offered in the marketplace for space of comparable size, quality and location. Landlord shall advise Tenant of its determination of Fair Market Rent for the applicable Premises for which Tenant has exercised the First Extension Option Term, whereupon Lessor and Lessee no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall attempt be made no earlier than thirty (30) days prior to agree upon the FRVfirst date on which Tenant may exercise its First Extension Option under this Section 40.1. If the parties Tenant and Landlord are unable to agree upon the FRV on a mutually acceptable Fair Market Rent not later than sixty (60) days prior to the end of such monthTermination Date, then the parties shall proceed with the following procedures and requirements (the “Appraiser’s Determination”): Landlord and Tenant shall, within ten (10) days thereafter additional days, each party, at its cost select an appraiser who shall be a member of the M.A.I. or Counselor’s of Real Estate (CRE) (or successor professional organizations) and by giving notice to the other party, shall appoint a real estate appraiser with have at least ten (10) years full-time industrial appraisal experience appraising rental values of property in the Central and Southern Orange County same rental market area to appraise and determine such FRV. If a party does not appoint an appraiser whereupon each of said appraisers shall, within ten five (105) days after the other party has given notice of the name of its appraisertheir selection hereunder, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect select a third appraiser meeting with the foregoing qualifications stated in this section and the majority shall decide upon the Fair Market Rent which determination shall be binding on Landlord and Tenant. Landlord and Tenant shall share equally the expense of any and all appraisers. The appraiser(s) shall be obligated to make a determination of Fair Market Rent within ten thirty (1030) days after following the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection appointment of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Lease Agreement (Aspen Technology Inc /De/)

Option to Extend. Lessee shall have 41.01 Tenant is hereby granted one (1) option (the "Extension Option") to extend the Lease Term of this Lease for a period an additional term of five years(5) years (the "Extension"), beginning on January 1, 2002, and expiring on December 31, 2006 (unless terminated sooner pursuant to any other terms or provisions of the Lease), on all of the same terms and conditions as set forth in the Lease, but at an adjusted rent as set forth in Section 41.02 below (and without any additional option to extend the Lease Term after the expiration of the Extension). The Extension Option may be exercised by Tenant only by delivery of written notice to Landlord, which notice must be received by Landlord at least one hundred twenty (120) days before the expiration of the original Lease Term set forth in the event that Lessee is not in default under Section 1.06 above. If Tenant fails to timely deliver such written notice, or if this Lease upon the date is terminated pursuant to any other terms or provisions of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months this Lease prior to the end expiration of the original Lease Term, the Option shall lapse, and Tenant shall have no right to extend the Lease Term. The Base Rent for the Option Term shall be exercisable by Tenant on the greater of express conditions that (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning time of delivery of Tenant's notice of its election to exercise the month which is two (2) months Option, and at all times prior to the commencement of the Option TermExtension, whereupon Lessor and Lessee Tenant shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience not be in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to default under this Lease, by giving ten (10ii) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who Tenant has not previously acted been in default (whether or not any capacity for either party. Within fifteen such default has been timely cured) under this Lease on more than three (153) days after occasions during the selection Lease Term, and (iii) Tenant has not assigned this Lease nor sublet all or any part of the third appraiserPremises, a majority it being understood that the Option is personal to the original named Tenant under this Lease. In the event of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRVany such assignment or sublease, the FRV Option shall lapse and shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal null and void and of no further force or effect. 41.02 The rental during this Option period shall be at the FRV)"then current market rate". In no event, however, shall the rental during the Option period be less than the Base Rent due during the previous lease term.

Appears in 1 contract

Sources: Standard Industrial Lease (Microage Inc /De/)

Option to Extend. Lessee 11.1 Tenant shall have one option the right, exercisable no more than three ("Extension Option"3) times and provided Tenant is not then in default, beyond any applicable notice, grace or cure period, to extend the Extended Term of this Lease Termination Dates set forth in Exhibit A hereof for a period of five years. The Extension Option may be exercised only in one (1) additional year on the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all same terms and conditions of this Lease, such FRV being determined commencing at contained herein except that the beginning rent for any portion of the month which is two Premises during such further extended term shall be adjusted to 28 further extension or (2b) ninety-five (95%) percent of the then Fair Market Rent, as determined below. Tenant must provide at least nine (9) months prior advanced written notice to the commencement Landlord in order to extend any Lease termination date as set forth in Exhibit A. Upon exercising any extension option all of the Option Term, whereupon Lessor Extended Term Termination Dates as set forth in Exhibit A will be deemed automatically extended for an additional one year period at rental amounts equal to ninety-five (95%) percent of the then Fair Market Rent. Fair Market Rent shall be determined as follows. Landlord and Lessee Tenant shall attempt to agree upon on the FRVthen prevailing Fair Market Rent within fifteen (15) days of Landlord's receipt of Tenant's notice of extension. If the parties are unable to reach agreement on the then prevailing Fair Market Rent by such date then Tenant shall have the right to rescind its notice of extension by delivering to Landlord within five (5) business days thereafter written notice of recission of Tenant's exercise of its option to extend. In the event Landlord and Tenant cannot agree upon the FRV prior to then prevailing Fair Market Rent, and Tenant has not so rescinded its notice of extension, the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, following procedure shall appoint a real estate be followed. Each will select an appraiser with at least ten (10) five or more years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and Natick rental market who will jointly determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRVmarket rent. If the two appraisers are unable to so selected cannot agree upon the market rent within fifteen forty-five (1545) days after days, of their selection, the second appraiser has been appointed, they appraisers so named shall attempt to elect select a third appraiser meeting and the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice decision as to the other party, can apply to the then president market rent of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority two of the appraisers so selected shall set bind the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)parties.

Appears in 1 contract

Sources: Sublease Agreement (Connected Corp)

Option to Extend. Lessee Tenant shall have one option ("Extension Option") the option, to be exercised as hereinafter set forth, to extend the term of this Lease for an additional five (5) year period, to follow consecutively after the original term of this Lease (hereinafter referred to as the "Extended Term"), upon the condition that, on the last date on which Tenant is entitled to exercise such option and on the last day of the term of this Lease, this Lease is in full force and effect and Tenant is not in default hereunder. Tenant shall exercise its option by giving written notice of its election to extend the term of this Lease to Landlord not less than one (1) year prior to the expiration of the term of this Lease but in no event earlier than two (2) years prior to the expiration of the term of this Lease. Upon such exercise, the term of this Lease shall be automatically extended for the Extended Term without the requirement of any further instrument, upon all of the same terms, provisions and conditions set forth in this Lease, except that the net rent payable during the Extended Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be equal to the greater of (i) the Base rent calculated and determined by applying the rent adjustments and increases set forth in Section 2.01 of this Lease as if the Lease Years of the Extended Term were part of the initial term (e.g., the rent for the first Lease Year of the Extended Term shall be the greater of 1.03 times the rent for the last year of the original term and the Annual Rent then in effect (as periodically adjusted pursuant CPI adjustment applied to such last year of the Section 4.1original term), or ; and (ii) 95% the then market rate per square foot for the Premises (the "Market Rate"), which Market Rate shall be adjusted and increased during each Lease Year of the "FRV". The "FRV" means Extended Term by applying the then fair rental value being charged rent adjustments and increases provided for similar premises in the vicinity of the Premises, presuming all terms and conditions Section 2.01 of this Lease. As used in this Lease, such FRV being Market Rate shall be determined commencing at the beginning of the month which is two by Landlord. Landlord shall, no later than nine (29) months prior to the commencement expiration of the Option Termoriginal term of this Lease, whereupon Lessor advise Tenant of its determination of Market Rate for the first Lease Year of the Extended Term if it determines that same is greater than the rent would be applying the adjustments and Lessee shall attempt to agree upon the FRVincreases thereto as set forth in Section 2.01 of this Lease and (i) above. If Landlord does not advise Tenant of the parties are unable to agree upon the FRV prior to the end of such monthMarket Rent, then within ten rent during the Extended Term shall be determined and calculated under (10i) hereinabove. If Tenant disagrees with Landlord's determination of Market Rate, Tenant shall so notify Landlord in writing no later than fifteen (15) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRVfollowing receipt of Landlord's advice of Market Rate. If a party does Landlord and Tenant cannot appoint an appraiser agree on the Market Rate as above described within ten thirty (1030) days after the other party has given Tenant's notice of the name of its appraiserdisagreement, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraphthen each party shall, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after following the second appraiser has been appointed30-day workout period, they select an independent MAI appraiser, each having at least five (5) years of experience in the appraisal of commercial real estate in Dade County, Florida, with reasonable experience in the appraisal of warehouse buildings in the City of Miami, Florida, to make a determination of the Market Rate. Both MAl appraisers chosen by Landlord and Tenant shall attempt to elect then agree upon a third MAl appraiser, and each of the three appraisers shall submit their appraisals to Landlord and Tenant no later than thirty (30) days prior to the expiration of the original term of this Lease. The Market Rate shall be the average of the determination of the three appraisals, provided, however, if the difference in Market Rate of any appraisal is less than five (5%) percent of the average of the other two appraisals, then the Market Rate shall be the average of the two closest appraisals. Each party shall pay the fees and costs of the appraiser meeting it has selected and both parties shall split the qualifications stated fees and costs of the third appraiser equally. Notwithstanding anything contained in this section within ten Section 22.01 to the contrary, in no event shall the Market Rate be less than Annual Rent would be if calculated and determined under (10i) days after hereinabove. During the last day Extended Term, the two appraisers are given to set the FRV. If the two appraisers are unable to agree Market Rate (if applicable) shall be increased each year, on the third appraiseranniversary date, either by multiplying the rent for the immediately preceding Lease Year by 1.03 or by the application of the parties Section 2.01 CPI adjustment to the immediately preceding Lease Year, whichever results in the greater rent. In the event that the aforesaid option to extend is duly exercised, all references contained in this Lease to the term of this Lease, whether by giving ten (10) days notice to the other party, can apply to the then president number of the County Real Estate Board, years or to the presiding judge number of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selectedmonths, shall be a person who has construed to refer to the original term of this Lease, as extended as aforesaid, whether or not previously acted specific reference thereto is made in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)this Lease.

Appears in 1 contract

Sources: Lease Agreement (Revenge Marine Inc)

Option to Extend. Lessee shall (a) Subject to and upon the terms and conditions set forth below, Tenant will have one option to extend the term of this Lease for one additional successive period of five years (the "Extension OptionRenewal Term"). (b) Tenant's option to extend the Term must be exercised by written notice given to Landlord (the "Renewal Notice") no less than 365 days prior to the end of the Initial Term. (c) Tenant shall not be permitted to extend the Term of this Lease for a period if there exists any uncured Event of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon Default by Tenant as of the date of exercisethe Renewal Notice. (d) The Renewal Term will be on the same terms and conditions as this Lease except for the amount of monthly Base Rent. The Extension Option must be exercised by notice in writing of such exerciseDuring the Renewal Term, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Tenant shall pay as monthly Base Rent for the Option Term shall be an amount equal to the greater of (ia) the Base Rent then in effect (as periodically adjusted pursuant and Additional Rent payable by Tenant immediately prior to the Section 4.1), commencement of the Renewal Term or (iib) 95% Market Rent for the Premises for the Renewal Term. Market Rent during the Renewal Term shall be equal to rents typically payable for the five year Renewal Term for comparable space by tenants of the "FRV". The "FRV" means the then fair rental value being charged for similar premises buildings of comparable quality in the vicinity of the Premises, presuming all terms taking into account the base year for the Renewal Term as described in Section 4.3(f) below. Landlord and conditions of Tenant agree that once Tenant has timely delivered its Renewal Notice, both parties will be responsible for their respective rights and obligations under this LeaseLease for the Renewal Term, such FRV being determined commencing at the beginning regardless of the month which is two (2) months prior to the commencement outcome of the Option Base Rent determination. The word "Term" shall be used throughout this Lease to include both the Initial Term and the Renewal Term, whereupon Lessor if applicable. (e) The Market Rent for the Renewal Term will be determined as follows: (i) If Tenant properly exercises its option to extend the Term for the Renewal Term, Landlord and Lessee Tenant shall attempt to agree upon as to the FRV. If the parties are unable to agree upon the FRV Market Rent at least 270 days prior to the end expiration of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).the

Appears in 1 contract

Sources: Lease Agreement (Schnitzer Steel Industries Inc)

Option to Extend. Lessee So long as this Lease is in full force and effect and Tenant is not in default and has not at any time been in default under this Lease beyond any applicable notice and cure period and no condition exists which with the passage of time or giving of notice would constitute a default under this Lease and provided this Lease has not been assigned (except in the case of a Permitted Transfer) and no portion of the Premises has been sublet (except in the case of a Permitted Transfer and except in the case of a sublease that has expired or will expire prior to the Option Term Commencement Date), (i) Tenant may extend the Term of this Lease for the period of the Option Term by giving notice to Landlord (“Tenant’s Option Exercise Notice”) on or before the Option Notice Date. The terms and conditions applicable to such Option Term shall be the same as set forth in this Lease except that Tenant shall have one option ("Extension Option") no further right to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in and the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Annual Base Rent for payable by Tenant with respect to the Option Term shall be the greater of (i) Option Annual Base Rent, but in no event less than the Annual Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months immediately prior to the commencement start of the Option Term. Following the timely delivery of Tenant’s Option Exercise Notice, whereupon Lessor and Lessee Landlord shall attempt provide Tenant with notice of Landlord’s determination of the Option Annual Base Rent (“Landlord’s Determination”). Unless Tenant provides a notice of objection (the “Objection”) to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then Landlord within ten thirty (1030) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name delivery of its appraiserLandlord’s Determination, the single appraiser appointed Landlord’s Determination shall be the sole appraiser Option Annual Base Rent. If Tenant does timely provide the Objection, and if Landlord and Tenant have not agreed to the Option Annual Base Rent in writing within one (l) month following the delivery of the Objection, the Option Annual Base Rent shall be determined by appraisers, one to be chosen by Landlord, one to be chosen by Tenant, and a third to be selected by the two first chosen. All appraisers chosen or selected hereunder shall be independent of the parties, shall have received the M.A.I. (Member, Appraisal Institute) designation from the American Institute of Real Estate Appraisers and shall set have had at least five (5) years of experience in appraising commercial office and research and development space comparable to the FRVPremises and in the Greater Boston and Waltham/Route 128 areas. If there are The unanimous written decision of the two first chosen, without selection and participation of a third appraiser, or otherwise the written decision of a majority of three appraisers chosen and selected as aforesaid, shall be conclusive and binding upon Landlord and Tenant. Landlord and Tenant shall each notify the other of its appraiser within thirty (30) days following expiration of the aforesaid one (l) month objection period and, unless such two appraisers appointed by the parties as stated in this paragraphshall have reached a unanimous decision within seventy-five (75) days from said expiration, they shall met promptly within a further fifteen (15) days elect a third appraiser and attempt notify Landlord and Tenant thereof. The third appraiser shall deliver to Landlord and Tenant the written decision of the majority of them within 30 days of the selection of the third appraiser. Landlord and Tenant shall each bear the expense of the appraiser chosen by it and shall equally bear the expense of the third appraiser (if any). If, as contemplated by this Section, the Option Annual Base Rent shall not have been determined before the Option Term Commencement Date, the Option Term may commence and from and after the Option Term Commencement Date, until the Option Annual Base Rent is so determined either by agreement of the parties or by appraisal, Tenant shall make payments towards such Option Annual Base Rent at the rate as set the FRV. If the two appraisers are unable forth in Landlord’s Determination, subject to agree retroactive adjustment in conformity with and payment of any additional amount within fifteen (15) days after of the second appraiser has been appointed, they determination of the Option Annual Base Rent pursuant to this Section. In no event shall attempt the provisions of this Section be deemed to elect a third appraiser meeting authorize an Option Annual Base Rent less than the qualifications stated in this section within ten (10) days after Annual Base Rent immediately prior to the last day start of the two appraisers are given to set the FRVOption Term. If the two appraisers are unable Tenant exercises its option to agree on the third appraiser, either of the parties to extend this Lease, by giving ten (10) days notice to the other party, can apply to phrase Annual Base Rent as used in this Lease shall mean the then president Option Annual Base Rent during the Option Term and the word Term as used in this Lease shall mean the combined terms of the County Real Estate Board, or to Term and the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Option Term.

Appears in 1 contract

Sources: Building Lease (D8 Holdings Corp.)

Option to Extend. Lessee Provided the Tenant is not in default and further provided Tenant has validly exercised its First Option to Extend, Tenant shall have one (1) option ("Extension Option") to extend the Term term of this Lease for a further period of five yearsthree (3) years and no months provided, however, that Tenant shall give Landlord written notice of its intention to extend not less than six (6) months prior to the expiration of the term of this Lease as extended by the First Option to Extend. The Extension Option may Said notice shall be exercised effective only if given in the event that Lessee timely manner described (time being of the essence in relation to said notice) and provided tenant is not in default under this the Lease upon on the date of exercise. The Extension Option must be exercised by the notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to nor on the end date the original term of the TermLease is scheduled to expire as extended by the First Option to Extend. The Base Rent for the Option Term Such extended term shall be subject to all of the greater of agreements, covenants and conditions set forth in this Lease except for (i) the Base Minimum Rent then in effect (as periodically adjusted payable pursuant to Article III hereof which shall be as set forth hereinafter, and except for further Options to Extend as to which there shall be none. It is agreed and understood that the Section 4.1), or annual Minimum Rent for the extended period shall be equal to ninety-five (ii95%) 95% percent of fair market rental value rate of the "FRV"Premises as of the Commencement Date of this extended term. The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of Parties shall execute an Amendment to this Lease, such FRV being determined commencing Lease at the beginning of the month which is two least three (23) months prior to the commencement said original expiration date memorializing said new Minimum Rent. If the Landlord and the Tenant are unable to mutually agree in writing upon the said fair market rental value with thirty (30) days after Tenant's exercise of its rights hereunder the said fair market rental value shall be determined by a panel of two appraisers who are members of the Option Term, whereupon Lessor American Institute of Real Estate Appraisers one of whom shall be selected by landlord and Lessee one by Tenant. The two appraisers shall attempt to agree on the said value and if they cannot agree within thirty (30) days, a third shall be selected by the two so nominated and a decision by the majority of these three shall be accepted as final and binding upon the FRVLandlord and Tenant. If All costs and expenses of said appraisers shall be borne in equal shares by the parties are unable to agree upon Landlord and the FRV prior to Tenant, except the end of such month, then said costs and expenses shall be borne by the party requesting this appraisal procedure if the figure thus determined is within ten (10%) days thereafter each party, at its cost and percent of the figures proffered in writing by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in party prior to commencing selection of the Central and Southern Orange County area to appraise and determine such FRVappraisers. If a party does not appoint Landlord or the Tenant shall fail to select an appraiser within ten in accordance with the provisions hereof and such failure shall continue for a period of twenty (1020) days after written notice thereof by either to the other party has given notice of other, then in that event the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed selected by the parties as stated in this paragraph, they party selecting an appraiser shall met promptly alone determine the fair market value and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either costs of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle such appraisal shall be paid in equal shares by the FRV)Landlord and the Tenant.

Appears in 1 contract

Sources: Lease Agreement (Farmstead Telephone Group Inc)

Option to Extend. Lessee shall have one A. Landlord grants to Tenant the option ("Extension Option") to extend the Term term of this Lease for a period two 3-year periods commencing when the prior term expires upon each and all of five years. The Extension Option may be exercised only in the event that Lessee is not in default under following terms and conditions: (i) Tenant gives to Landlord and Landlord receives notice of the exercise of the option to extend this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not for said additional term no later than 6 twelve (12) months prior to the end time that the option period would commence if the option were exercised, time being of the Termessence. The Base Rent for If said notification of the Option Term exercise of said option is not so given and received, this option shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or automatically expire; (ii) 95% At the time said written notification of exercise of option is given and received, Tenant shall not be in default under any of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions material obligations of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months Lease to be performed by Tenant and this Lease shall not have previously terminated nor terminated prior to the commencement of the Option Term, whereupon Lessor option term; (iii) All of the terms and Lessee conditions of this Lease except where specifically modified by this option shall attempt apply; (iv) The monthly rent for each month of the option period shall be calculated as follows: The rent payable by Tenant during the first option period shall be the Fair Market Rental Value of the Premises (as defined below) at the commencement date of the option period. There shall be an annual C. P.I. increase not to agree upon exceed four percent (4%) in each subsequent year of the FRVfirst option period. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience The rent in the Central first year of the second option period shall be the rent in the last year of the first option period to which will be added a C. P.I. increase not to exceed four percent (4%). There shall be an annual C. P.I. increase not to exceed four percent (4%) in each subsequent year of the second option period. All of the C. P.I. increases during the option periods shall be calculated on the basis of the formula provided in the Lease P. 5.B. If Landlord and Southern Orange County area to appraise and determine such FRV. If a party does Tenant cannot appoint an appraiser agree on the Fair Market Rental Value of the Premises for the extension periods within ten forty-five (1045) days after the Tenant has notified Landlord of its exercise of the option, Landlord and Tenant shall each select, within forty-five (45) days of such notification, an appraiser who must be a qualified M.A.I. appraiser to determine said Fair Market Rental Value. If one party fails to so designate an appraiser within the time required, the determination of Fair Market Rental Value of the one appraiser who has been designated by the other party has given notice hereto within the time required shall be binding upon both parties. The appraisers shall submit their determinations of Fair Market Rental Value to both parties within thirty (30) days after their selection. If the difference between the two determinations is ten percent (10%) or less of the name of its appraiserhigher appraisal, then the single appraiser appointed average between the two determinations shall be the sole appraiser and shall set Fair Market Rental Value of the FRVPremises. If there are two appraisers appointed by the parties as stated in this paragraphsaid difference is greater than ten percent (10%), they shall met promptly and attempt to set the FRV. If then the two appraisers are unable to agree shall within fifteen twenty (1520) days after of the second appraiser has been appointed, they shall attempt date that the later submittal is submitted to elect the parties designate a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRVwho must also be a qualified M.A.I. appraiser. If the two appraisers are unable to agree on The sole responsibility of the third appraiser, appraiser will be to determine which of the determinations made by the first appraisers is most accurate. The third appraiser shall have no right to propose a middle ground or any modification of either of the parties to this Lease, determinations made by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's feefirst two appraisers. The third appraiser, however selected, 's choice shall be a person who has not previously acted in any capacity for either party. Within fifteen submitted to the parties within thirty (1530) days after his or her selection. Such determination shall bind both of the selection parties and shall establish the Fair Market Rental Value of the Premises. Each party shall pay for their own appraiser and shall pay an equal share of the fees and expenses of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).

Appears in 1 contract

Sources: Office Building Lease (Fair Isaac & Company Inc)

Option to Extend. Lessor hereby grants to Lessee shall have one the option (the "Extension Option") to extend the Term term of this Lease for a one (1) additional five (5) year period (the "Option Term"), commencing when the Original Term expires upon each and all of five years. The Extension Option may be exercised only in the event that following terms and conditions: (a) Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee gives to Lessor, not later than 6 months and Lessor actually receives on a date which is prior to the end date that the Option Term would commence (if exercised) by at least nine (9) months, but no more than twelve (12) months, a written notice of the exercise of the option to extend this Lease for the Option Term. If the notification of the exercise of the option is not so given and received, the option shall automatically expire; (b) All of the provisions of Paragraph 39 of this Lease are conditions of this Option; (c) All of the terms and conditions of this Lease shall apply, except that the monthly rent shall be increased to the fair market rental value for similar buildings in Westlake village at the time the Option Term commences. The Base Rent fair market rental value for the first year of the Option Term shall be determined in accordance with the greater of following procedures: (i) Within fifteen (15) days of receipt by Landlord of Tenant's written exercise of the Base Rent then above-described (respective) option to extend the term of the Lease, Landlord shall advise Tenant in effect writing of Landlord's opinion of the fair market rental value of the Premises for such option Term (sometimes also referred to herein as periodically adjusted pursuant to the Section 4.1"Fair Market value"), or . (ii) 95% If the proposed Fair Market Value is acceptable to Tenant, then Tenant shall so notify Landlord in writing within fifteen (15) days of receipt by Tenant of Landlord's notice of the "FRV"proposed Fair Market Value. The "FRV" means Tenant's failure to so notify Landlord, in writing, on or before the then fair rental value being charged for similar premises in expiration of such time period shall be deemed a waiver of its right to so challenge Landlord's determination of Fair Market Value. (iii) In the vicinity event Tenant challenges Landlord's opinion of the Fair Market Value of the Premises, presuming all terms and conditions Tenant shall notify Landlord thereof in writing within fifteen (15) days of this Lease, such FRV being determined commencing at the beginning receipt by Tenant of Landlord's notice of the month which is two (2) months prior to proposed Fair Market Value, and the commencement Fair Market Value of the Option TermPremises shall be determined by appraisal in accordance with the provisions hereof. Within thirty (30) days following Tenant's notice to Landlord thereof, whereupon Lessor both Landlord and Lessee Tenant shall attempt to agree upon appoint a reputable licensed real estate broker and shall give written notice of the FRV. If the parties are unable to agree upon the FRV prior to the end name and address of such month, then within ten (10) days thereafter each party, at its cost and by giving notice broker to the other party, shall party to this Lease. The failure by either party to timely appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience broker and notify the other party thereof as provided in the Central and Southern Orange County area immediately preceding sentence shall be deemed a waiver by the failing party of the right to appraise and determine such FRVhave the Fair Market Value determined by more than one broker. If a party does not appoint an appraiser The two brokers thus appointed shall, within ten (10) days after the other party has given such appointment, themselves appoint a third broker and serve written notice of the name broker so appointed upon each of its appraiser, the single appraiser parties. All brokers appointed hereunder must have at least five (5) years experience in leasing retail and commercial properties within Westlake Village and be qualified by education and experience to appraise properties. The broker(s) so appointed shall be meet at the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated earliest time practicable, but in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within no event more than ten (10) days after the last day appointment of all of the required broker(s), for the purpose of determining the fair market rental value of the Premises. The decision of the majority of said broker(s) shall constitute the vote of the broker(s) and shall be binding on both of the parties hereto. In the event two appraisers are given to set of the FRV. If the two appraisers are unable to brokers do not agree on the third appraiser, either fair market rental value of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRVPremises, the FRV shall be average of the two closest appraisals (unless of the appraisals are equidistant, in which case, fair market rental value of the middle appraisal Premises shall be the FRVFair Market Value of the Premises for purposes of this Paragraph 3.5. The brokers shall, to the extent possible, base their determination of Fair Market Value upon the then current fair market rental value of comparable buildings of similar size and improvements then, available for lease in Westlake Village. Tenant and Landlord shall each pay the cost and expense of its selected broker, with the cost of the third broker to be borne equally between Landlord and Tenant. During the period of time the parties are determining the Fair Market Value, Tenant shall continue to pay Landlord as a credit against rent due the monthly Base Rent payable the preceding Lease Year. The brokers' determination of the Fair Market Value shall be utilized as the basis for determining the monthly Base Rent for the first year of the Option Term. (iv) if the Fair Market Value for the Premises as determined herein is greater than the monthly Base Rent paid by Tenant during the period of time following the end of the last Lease Year of the Original Term of the Lease, but before the Fair Market Value is determined, then Tenant shall, within thirty (30) days following the determination of the Fair Market Value, pay to Landlord the amount of underpaid sums during said period. (v) Notwithstanding any terms herein to the contrary, in no event shall the monthly Base Rent for the first year of the Option Term be less than monthly Base Rent payable during the immediately preceding Lease Year. (d) For the second Lease Year of the Option Term and each Lease Year thereafter, the monthly Base Rent shall be increased by one hundred three percent (103%) of the monthly Base Rent payable the preceding Lease Year." 7. Paragraph 4.3 is hereby added to the Lease: Commencing on the first anniversary date of the Commencement Date and continuing on the anniversary date of each twelve month period ("Lease Year") thereafter, the monthly Base Rent shall be increased to the following amounts First (April 15, 2002) $ 73,130.00 Second (April 15, 2003) 75,323.90 Third (April 15, 2004) 77,583.62 Fourth (April 15, 2005) 79,911.12 Fifth (April 15, 2006) 82,308.46 Sixth (April 15, 2007) 84,777.71 Seventh (April 15, 2008) 87,321.04 (a) is supplemented as follows: "Notwithstanding the foregoing, Lessee shall have no obligation to remodel or install new improvements which were not in existence as of the Commencement Date of this Lease." 9. The second sentence of Paragraph 7.3(a) is amended to read as follows: "The term 'Trade Fixtures' shall include Lessee's machinery and equipment, including telephone and computer equipment (excepting cabling and wiring), that can be removed without doing material damage to the Premises." 10. Paragraph 7.3(b) is supplemented as follows: "Subject to Lessee's compliance with the requirements of Paragraph 7.3(b) and (c), Lessor consents to Lessee's installation, at Lessee's sole cost, of a satellite dish, antennae, microwave relay, fiber optics cable or other such similar equipment for Lessee's own exclusive use on the roof or under the Common Area of the Premises. Lessee shall be responsible, at its sole cost and expense, for the repair and maintenance of any such items installed by Lessee and for any damage to the roof, building or Common Area arising from the installation and maintenance of such items, and shall remove at the expiration or termination of the Lease, at Lessee's sole cost and expense, any items installed by Lessee (provided at Lessor's election, such fiber optics cable shall remain with the Premises) and shall restore the Premises to its original condition as of the Commencement Date of this Lease. Lessee shall be required to submit a copy of any drawings or Specifications ('Plans') in connection with any structural improvements or alterations made by Lessee. 11. The first sentence of Section 7.4(b) is supplemented by the following additional phrase:

Appears in 1 contract

Sources: Lease Addendum (Guitar Center Inc)

Option to Extend. Lessee shall have one option ("Extension Option"a) to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event Provided that Lessee Tenant is not in default under hereunder either at the time of exercise or at the time the extended term commences, Tenant shall have the option to extend the initial term of this Lease FOR ONE (1) ADDITIONAL PERIOD OF THREE (3) YEARS ("Option Period") on the same terms, covenants and conditions provided herein, except that upon such renewal the date monthly installments of exerciseAnnual Basic Rent due hereunder shall be determined at the time notice to extend is given. The Extension Tenant shall exercise its option by giving Landlord written notice ("Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not Notice") no later than 6 months one hundred eighty (180) days prior to the end expiration of the Term. initial term. (b) The Base monthly installments of Annual Basic Rent for the Option Term Period shall be the greater of determined as follows: (i) Within fifteen (15) business days after Landlord's receipt of the Base Rent then Option Notice, the parties shall attempt to agree on the monthly rent for the Option Period in effect question BASED UPON THE THEN FAIR MARKET RENTAL VALUE of the Premises. If the parties agree on the monthly rent for the Option Period within such fifteen (as periodically adjusted pursuant 15) day period, they shall immediately execute an amendment to this Lease stating the Section 4.1), or monthly rent for the Option Period. (ii) 95% of the "FRV". The "FRV" means the then fair market rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at " shall mean the beginning fair market monthly rental value of the month which is two (2) months prior to premises as of the commencement of the Option TermPeriod, whereupon Lessor taking into consideration the uses permitted under this Lease, the quality, size, design and Lessee location of the Premises, and comparable buildings located within a one (1) mile radius of the Premises. In no event shall attempt to agree upon the FRV. If then fair market monthly rental value of the parties are unable to agree upon Premises for the FRV prior to Option Period be less than the end monthly installments of such month, then within ten Annual Basic Rent last payable under the Lease. (10iii) Within seven (7) days thereafter after the expiration of the fifteen (15) day period, each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser or commercial leasing salesperson ("Appraiser") with at least ten five (105) years years' full-time industrial commercial appraisal or leasing experience in the Central and Southern Orange County area in which the Premises are located to appraise and determine such FRVset the then fair market monthly rent for the Premises for the Option Period. (c) If Tenant objects to the monthly rent that has been determined, Tenant shall have the right to rescind its exercise of the option to extend and have this Lease expire at the end of the initial term, provided that Tenant pays for all reasonable costs incurred by Landlord in connection with the appraisal procedure. If a party does not appoint an appraiser Tenant's election to allow this Lease to expire at the end of the initial term must be exercised by delivering written notice of exercise to Landlord within ten (10) days after the other party rent determination procedure has given been completed and Tenant has received notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRVmonthly rent as determined by appraisal. If there are two appraisers appointed by Tenant does not so exercise its election to terminate this Lease within the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) day period, the initial term of this Lease shall be extended as provided in this paragraph. Notwithstanding the foregoing, if Tenant elects to so rescind exercise of its option to extend and, at the time of such election there are less than one hundred eighty (180) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree remaining on the third appraiser, either initial term of the parties to this Lease, by giving ten then, the termination of this Lease shall not be effective until one hundred eighty (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15180) days after Landlord's receipt of Tenant's notice of rescission. During any period that the selection term of this Lease is so extended beyond the third appraiseroriginal termination date, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV Tenant shall be required to pay the two closest appraisals amount of monthly rent determined pursuant to the appraisal procedure. (unless the appraisals are equidistant, in which case, the middle appraisal d) This option to extend and any rights granted to Tenant hereunder shall be the FRV)personal to Tenant and any of its affiliates and subsidiaries. No rights granted to Tenant pursuant to this paragraph shall be in any way applicable to subtenants or assignees of Tenant unless such subtenant or assignee is an affiliate or subsidiary of Tenant.

Appears in 1 contract

Sources: Office Building Lease (Xacct Technologies 1997 LTD)

Option to Extend. Lessee shall have one (a) Landlord hereby grants Tenant an option ("Extension Option") to extend the Term term of this the Lease for a one additional period of five (5) years. The Extension Option may be exercised only in , commencing immediately after the event that Lessee is not in default under this Lease expiration of the initial term, upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercisesame material terms and conditions contained herein, delivered by Lessee to Lessor, not later than 6 months prior to except that (i) the end of the Term. The Monthly Base Rent for the Option Term Premises shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant equal to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means fair market rent for the then fair rental value being charged for similar premises Premises determined in the vicinity manner set forth in subparagraph (b) below and (ii) Tenant shall accept the Premises in an "as is" condition without any obligation of Landlord to remodel, repair, improve or alter the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at . Tenant's election to exercise the beginning of the month which is two option granted herein must be given to Landlord in writing no less than nine (29) months prior to expiration of the initial term. If Tenant properly exercises the option granted herein, references in the Lease to the term shall be deemed to mean the option term unless the context clearly provides otherwise. Notwithstanding anything to the contrary contained, herein, all option rights of Tenant pursuant to this Section shall automatically terminate without notice and shall be of no further force and effect, whether or not Tenant has timely exercised the option granted herein, if a Default exists at the time of exercise of the option (which is not cured within 30 days after such notice of exercise is given by Tenant) or at the time of commencement of the option term. (b) If Tenant properly exercises its option to extend the term of the Lease, the Monthly Base Rent during the option term shall be determined in the following manner. The Monthly Base Rent shall be increased to an amount equal to 95% of the fair market rent for the Premises as of the commencement of the Option Termoption term for a term equal to the option term, whereupon Lessor as specified by Landlord by notice to Tenant not less than thirty (30) days prior to commencement of the option term, subject to Tenant's right of arbitration as set forth below. The determination of the fair market rent shall take into account the then current market rentals for similar office and Lessee lab space in the Emeryville area including any free rent concessions. If Tenant believes that 95% of the fair market rent specified by Landlord exceeds 95% of the fair market rent for the Premises as of commencement of the option term, then Tenant shall attempt so notify Landlord within five (5) business days following receipt of Landlord's notice. If Tenant fails to agree so notify Landlord within said five (5) business days, Landlord's determination of 95% of the fair market rent for the Premises shall be final and binding upon the FRVparties. If the parties are unable to agree upon 95% of the FRV prior to fair market rent for the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser Premises within ten (10) days after the other party has given Landlord's receipt of notice of the name of its appraiserTenant's objection, the single appraiser appointed amount of Monthly Base Rent as of commencement of the option term shall be determined as follows: (1) Within 20 days after receipt of Landlord's notice specifying fair market rent, Tenant, at its sole expense, shall obtain and deliver in writing to Landlord a determination of 95% of the sole appraiser fair market rent for the Premises for a term equal to the option term from a broker ("Tenant's broker") licensed in the State of California and shall set engaged in the FRVoffice brokerage business in the area of Oakland, Emeryville and Berkeley, California, for at least the immediately preceding five (5) years. If there are two appraisers appointed Landlord accepts such determination, the Monthly Base Rent for the option term shall be increased to an amount equal to of the amount determined by the parties as stated in this paragraphTenant's broker. (2) If Landlord does not accept such determination, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) 15 days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either receipt of the parties to this Leasedetermination of Tenant's broker, by giving ten Landlord shall designate a broker (10"Landlord's broker") days notice to licensed in the other partyState of California and engaged in the office brokerage business in the area of Oakland, can apply to the then president of the County Real Estate BoardEmeryville and Berkeley, or to the presiding judge of the Superior Court of the CountyCalifornia, for at least the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen immediately preceding five (155) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)years.

Appears in 1 contract

Sources: Lease (Biotime Inc)

Option to Extend. Lessee shall have one Landlord grants to Tenant an option ("Extension Option") to extend the Term of this Lease ---------------- term for a period of five years(5) years (such extension is hereafter referred to as the "Extended Term"). The Extension Option may be exercised only Extended Term shall follow the expiration of the initial term set forth in paragraph 2(a) ("Initial Term"). All the event that Lessee is not in default under provisions of this Lease upon lease shall apply during the date Extended Term except for the amount of exercisethe basic rent. The Extension Option basic rent for the Extended Term shall be adjusted to ninety- five percent (95%) of the market rate; provided that in no event shall the basic rent for the Extended Term be less than the basic rent in effect at the expiration of the Initial Term. The option is further subject to the following terms and conditions: (a) Tenant must be exercised by deliver its irrevocable written notice in writing of such exerciseTenant's exercise of the option to Landlord not less than six (6) lease months, delivered by Lessee to Lessornor more than twelve (12) lease months, not later than 6 months prior to the end expiration of the Initial Term. Time is of the essence with respect to the time period during which Tenant must deliver to Landlord its written notice of exercise and, therefore, if Tenant fails to give Landlord its irrevocable written notice of its exercise of the option within the applicable time period provided above, then the option shall expire and be of no further force or effect. (b) The Base Rent for parties shall have thirty (30) days from the Option date Landlord receives Tenant's notice of exercise in which to agree on the amount constituting the market rate. If Landlord and Tenant agree on the amount of the market rate, they shall immediately execute an amendment to this lease setting forth the expiration date of the Extended Term and the amount of the basic rent to be paid by Tenant during the Extended Term. If Landlord and Tenant are unable to agree on the amount of the market rate within such time period, then, at the request of either party, the market rate shall be determined in the following manner: (i) within thirty (30) days of the request of either party, Landlord and Tenant shall each select a licensed real estate appraiser with not less than five (5) years experience in the business of appraising commercial properties of the same type and use and in the same geographic area as the Premises, (ii) within fifteen (15) days of their appointment, such two real estate appraisers shall select a third appraiser who is similarly qualified, (iii) within thirty (30) days from the appointment of the third appraiser, the three appraisers so selected shall, acting as a board of arbitrators, then determine the amount of the market rate, basing their determination on standard procedures and tests normally employed in determining market rates and applying the factors included within the definition of market rate set forth in subparagraph (c) below. The decision of the majority of said appraisers shall be final and binding upon the parties hereto. If a majority of the appraisers are unable to agree on the market rate within the stipulated period of time, the three opinions of the market rate shall be added together and their total divided by three (3); the resulting quotient shall be the greater of market rate. If, however, the low opinion and/or the high opinion are/is more than fifteen percent (i15%) lower and/or higher than the Base Rent then in effect (middle opinion, the low opinion and/or the high opinion, as periodically adjusted pursuant to the Section 4.1)case may be, or (ii) 95% of shall be disregarded. If only one opinion is disregarded, the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms remaining two opinions shall be added together and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is their total divided by two (2) months prior to and the commencement of resulting quotient shall be the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRVmarket rate. If both the parties low opinion and the high opinion are unable to agree upon disregarded as stated in this paragraph, the FRV prior to middle opinion shall be the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRVmarket rate. If a party does not appoint an a qualified appraiser within ten (10) days after the required time period, the appraiser appointed by the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set determine the FRVmarket rate. If there are the two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Leaselease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Boardcounty real estate board of the county in which the Premises are located, or to the presiding judge of the Superior Court superior court of the Countythat county, for the selection of a third appraiser meeting who meets the qualifications stated in this sectionparagraph. Each party shall pay the expense and charges of the appraiser appointed by it and the parties shall bear one-half pay the expenses and charges of the cost of appointing the third appraiser in equal shares. When the market rate has been so determined, Landlord and of paying Tenant shall immediately execute an amendment to this lease stating the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity basic rent for either party. Within fifteen the Extended Term. (15c) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRVAs used herein, the FRV "market rate" shall be the two closest appraisals monthly rent (unless triple net) then obtained for five (5) year fixed rate leases of comparable terms for premises in the appraisals are equidistantProject and in buildings and/or projects within the same geographical area of similar types and identity, quality and location as the Project. (d) Common area charges shall continue to be determined and payable as provided in paragraph 16 of this lease. (e) Neither party shall have the right to have any court or other third party determine the market rate or the basic rent. Tenant shall not assign or otherwise transfer this option or any interest therein and any attempt to do so shall render this option null and void. Tenant shall have no right to extend the term beyond the Extended Term. If Tenant is in default under this lease at the date of delivery of Tenant's notice of exercise to Landlord, then such notice shall be of no effect and this lease shall expire at the end of the Initial Term. If Tenant is in default under this lease on the last day of the Initial Term, then Landlord may in its sole discretion elect to have Tenant's exercise of the option be of no effect, in which case, case this lease shall expire at the middle appraisal shall be end of the FRV)Initial Term.

Appears in 1 contract

Sources: Lease (Atmi Inc)

Option to Extend. Provided Lessee shall have one option ("Extension Option") to extend the Term has not been and is not in default of any term or condition of this Lease as of the commencement of the renewal term, lessee shall have the one option to renew the term of the lease for one additional five year term, on the same terms and conditions of the Lease, except that the Base Rent shall be adjusted to the then prevailing market rental rate for a comparable leases in the comparable areas of the West San ▇▇▇▇▇▇▇▇ Valley Area. Such option shall be exercised (if at all) by Lessee giving Lessor at least 270 days prior irrevocable written notice. The prevailing market rental shall be determined in the following manner: Prevailing market rental rate shall be determined taking into account all relevant factors, including (to the extent relevant) number of months of free rent, if any (which shall be part of the determination of the rental rate), Lessee improvement obligations, moving allowances, and leasing commissions and costs. The term "comparable leases" shall not include leases entered into under special circumstances affecting the economics of the tenancies, including following the exercise of options to lease space at other than then current prevailing market rate, the lease of awkward or unusually shaped space or space without windows or other usual amenities, leases entered into under conditions where the Lessor was forced to lease the space by external legal, economic, or other pressures not generally applicable to the market, or the sublease or space by a sublessor not primarily in the business of leasing space. Prior to the date which is five (5) months before the expiration of the then current term, and assuming that Lessee has properly exercised its option to renew, Lessor shall give Lessee notice of Lessor's proposed prevailing market rental value for the Premises. Lessee shall give Lessor written notice within thirty (30) days thereafter as to whether or not Lessee agrees with Lessor's proposed prevailing market rental value. If Lessee disagrees with Lessor's proposed prevailing market rental value, the parties shall negotiate in good faith to resolve their differences for a period of five yearsthirty (30) days. The Extension Option may be exercised only in Upon the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing expiration of such exercisethirty (30) day period, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If if the parties are unable not in agreement as to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and fair market rental value by giving written notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of containing the name of its appraiseran appraiser appointed by such initiating party. Within fifteen (15) days thereafter, the single party receiving such notice shall appoint its own appraiser and give notice thereof to the initiating party. If the second appraiser is not appointed within such fifteen day period, then the appraiser selected by the initiating party shall determine the fair market rental value of the Premises, and such appraisal shall be binding upon the sole appraiser and shall set the FRVparties. If there are the second appraiser is timely appointed, then the two appraisers appointed by the parties as stated in this paragraph, they shall met promptly confer and attempt to set agree on the FRVprevailing market value. If the two appraisers are unable to agree within fifteen agree, but the higher appraisal is no more than ten percent (1510%) days after higher than the second appraiser has been appointedlower appraisal, they then the prevailing market rental value shall attempt to elect be the average of the two appraisals. If the higher appraisal is more than ten percent (10%) greater than the lower appraisal, the two appraisers shall together select a third appraiser meeting who shall also determine the qualifications stated in this section within prevailing market rental value. If three appraisers are ultimately appointed and any two appraisers agree on the prevailing market rental value, the value agreed upon by the two appraisers shall be the prevailing market rental value. If the three appraisers all determine different prevailing market rental values, then the prevailing market rental value shall be the average of the two closest appraisals. All appraisers shall be members of the MAI and shall have at least ten (10) days after years' experience appraising similar property in the last day West San ▇▇▇▇▇▇▇▇ Valley Area. Each party shall bear the two appraisers are given to set cost of the FRVappraiser appointed by such party, and the parties shall share equally in the cost of the third appraiser, if appointed. If the two appraisers initially appointed are unable to agree on the a third appraiser, then either of party shall have the parties right to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of having jurisdiction over the County, Premises for the selection appointment of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, rent determined in accordance to the foregoing shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after subject to adjustments pursuant to the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable attached Addendum to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Standard Lease paragraph 59-Rent Adjustments - Extended Term.

Appears in 1 contract

Sources: Standard Industrial/Commercial Single Tenant Lease Net (Netcom Systems Inc)

Option to Extend. Lessee Tenant shall have one the option ("Extension Option") to extend the Lease Term of this Lease for a one (1) additional period of five years(5) years commencing on the expiration of the initial Lease Term. The Extension Option may Such option shall be exercised only by Tenant giving written notice thereof which is received by Landlord on or before October 31, 2021, time being of the essence; provided, however, Tenant shall be entitled to exercise the option to extend granted herein, and the Term shall, in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must fact, be exercised extended by notice in writing reason of such exercise, delivered by Lessee only if this Lease is in full force and effect and no Event of Default exists hereunder. In the event that the Term is in fact extended pursuant to Lessorthe foregoing, not later then any such extension shall be upon all of the same terms, covenants, provisions and conditions as contained in this Lease except the annual Base Rent during the extension period shall be adjusted to be the Market Rent (as hereinafter defined) for the Premises but in any event no less than 6 months the annual Base Rent payable prior to the end of adjustment. As used herein, “Market Rent” means the Term. The Base Rent for the Option Term shall be the greater of product obtained by multiplying (i) the Base Rent annual rental rate per square foot then established and prevailing in effect the Building for new leases or lease renewals or, if no such new lease or lease renewals have been entered into within the twelve (12) month period preceding the date of the determination, then the established and prevailing rental rate per square foot being charged as periodically adjusted pursuant of such date for comparable space to other tenants in other comparable buildings in the Section 4.1)Chicago central business area, or all as determined in good faith by Landlord taking into account the term of the lease, the credit of the tenant, the location and use of the premises and available concessions such as tenant improvement allowances and rent abatements; by (ii) 95% the total rentable square feet of floor area contained within the Premises. The Market Rent may increase during the extension period depending on market escalations, conditions and terms determined at the same time as the initial Market Rent. Landlord shall notify Tenant of the "FRV"Market Rent prior to the date which is nine (9) months before the commencement of the extension period, and Tenant may withdraw its exercise of such option by written notice which is received by Landlord on or before the tenth (10th) Business Day, time being of the essence, after Tenant’s receipt of notice of the Market Rent from Landlord, and in such event, this Lease shall terminate upon the expiration of the then current term. Landlord and Tenant, within thirty (30) days after the request of either, shall execute and deliver a supplemental memorandum confirming the annual Base Rent during the extension period when determined. The "FRV" means rights hereby granted are personal to Tenant named herein and are not transferable to any assignee (other than a Permitted Transferee) or subtenant hereunder. In the then fair rental value being charged for similar premises in event of any assignment of the vicinity Lease (other than to a Permitted Transferee) or subletting of more than thirty percent (30%) of the Premises, presuming all terms and conditions of the rights set forth in this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor and Lessee Paragraph shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser automatically terminate and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly thereafter be null and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)void.

Appears in 1 contract

Sources: Lease (Mattersight Corp)

Option to Extend. Lessee Provided no Event of Default exists under this Lease after any applicable cure period has expired, Tenant shall have one the option ("Extension Option") to extend the Lease Term for two (2) additional terms of sixty (60) months each (each such term to be referred to herein as an "EXTENSION TERM"). Tenant shall exercise each option by giving Landlord notice (the "OPTION EXERCISE NOTICE") of exercise no earlier than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration date of the Initial Lease Term or the then-expiring Extension Term, as applicable (the "OPTION EXERCISE DATE"). If Tenant elects to extend the Initial Lease Term or any Extension Term of this Lease for a period of five years. The Lease, such Extension Option may Term shall be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee and subject to Lessor, not later than 6 months prior to the end all of the Term. terms, covenants and conditions of this Lease, except: The Base Rent for the Option per rentable square foot during each Extension Term shall be the greater of (ia) the Base Rent then per rentable square foot in effect (as periodically adjusted pursuant immediately prior to the Section 4.1), expiration of each Extension Term or (iib) a rate equal to ninety-five percent (95% %) of the "FRV". The "FRV" means the then fair rental value being charged for similar premises average prevailing Base Rent per rentable square foot in the vicinity of Building (on leases with a five (5) year term) for all new leases executed during the Premisessix (6) month period immediately preceding the Option Exercise Notice ("COMPARABLE LEASES"). If there were no leases executed in the Building during such six (6) month period, presuming all terms and conditions of this Lease, such FRV being determined commencing at then Comparable Leases in the beginning of the month which is two twelve (212) months prior to the commencement date of the Option TermExercise Notice will be used to determine the average prevailing Base Rent per rentable square foot in the Building. The average prevailing Base Rent shall be reduced by concessions then being offered or granted by Landlord to tenants in the Building, whereupon Lessor including free or deferred rents and Lessee shall attempt to agree upon the FRVmoving allowances, and tenant improvement allowances for renewing Tenants only. If the parties are unable to agree upon the FRV Upon request by Tenant, not less than thirty (30) days prior to the end of such monthOption Exercise Date, then within ten (10) days thereafter each party, at its cost and by giving notice prior to the other partyexpiration of the Lease Term, Landlord shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given give Tenant notice of the name of average prevailing Base Rent per rentable square foot. If Tenant fails to exercise its appraiseroption to extend hereunder by the Option Exercise Date, then the single appraiser appointed option set forth in this Article 1(g) shall automatically terminate and Landlord shall be free to market the sole appraiser and shall set Premises to potential tenants. Refurbishment Allowance. Landlord will provide a refurbishment allowance of $3.00 per usable square foot at the FRVbeginning of each Extension Term. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV).[ILLEGIBLE] ----------- INITIALS

Appears in 1 contract

Sources: Office Lease (Mesa Air Group Inc)

Option to Extend. Lessee shall have one Provided Tenant is not in default of any material terms, covenants or conditions contained in this Lease beyond any and all applicable notice and cure periods at the time of Tenant's exercise of its option ("Extension Option") to extend the Original Term, as hereinafter set forth, and provided further that the Tenant is not in default of any material terms, covenants or conditions contained in this Lease beyond any and all applicable notice and cure periods at the time of the commencement of each extended term, Tenant shall have the right at its election to extend the Original Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) additional periods, the first option period shall commence September 16, 2011 and terminate September 15, 2016 (hereinafter referred to as "First Option" or "First Option Period", as case may be) and the second option period shall commence September 16, 2016 and terminate September 15, 2021 (hereinafter referred to as "Second Option" or "Section Option Period", as the case may be), said First Option Period and Second Option Period shall be collectively referred to as the "extended term", provided further that Tenant gives to Landlord written notice of the exercise of the election of the First Option and the Second Option, respectively, at least nine (9) months prior to the commencement expiration of the Original Term in the case of the First Option and at least nine (9) months prior to the expiration of the First Option Period in the case of the Second Option. All the same terms, covenants and conditions in this Lease contained shall apply to the Extended Term, whereupon Lessor except that the rent shall be adjusted as provided in Article 6, Section 6.1.2 and Lessee that the Tenant shall attempt not have any further option to agree upon again extend the FRVterm of this Lease beyond the extended term. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, Tenant shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given give notice of the name exercise of its appraiseran election in the manner and within the time provided herein, the single appraiser appointed Term shall be extended upon the sole appraiser and shall set giving of notice without the FRV. If there are two appraisers appointed by requirements of any action or the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree execution of further instruments on the third appraiserpart of Landlord and Tenant, either of the parties to this Lease, by giving ten (10) days notice except only to the other party, can apply extent to confirm Annual Fixed Rent and percentage of Tenant's obligation for real estate taxes and operating expenses and the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's feelike. The third appraiser, however selected, Original Term and Extended Term shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after collectively referred to as the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)"Term".

Appears in 1 contract

Sources: Lease Agreement (Exodus Communications Inc)

Option to Extend. Lessee shall have one So long as the Lease is in full force and effect and, at the time of exercise of the option ("Extension Option") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee renew, Tenant is not in default under this the Lease upon beyond any applicable notice and cure period provided herein, Tenant shall have two (2) successive options to extend the date Lease for a term of exercise. The Extension Option must be exercised by notice in writing of such exercisefive (5) years each (each, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1an "Option"), or (ii) 95% of on the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all same terms and conditions of this set forth in the Lease, except as modified by the terms and conditions set forth below: i) If Tenant elects to exercise an Option, Tenant must provide Landlord with written notice of its election to exercise such FRV being determined commencing at Option no earlier than the beginning of the month date which is two eighteen (218) months prior to the commencement expiration of the Option Term, whereupon Lessor then current term and Lessee shall attempt to agree upon not later than the FRV. If the parties are unable to agree upon the FRV date which is six (6) months prior to the end expiration of such month, the then within ten (10) days thereafter each party, at its cost and by giving notice to current term of the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRVLease. If a party does not appoint an appraiser within ten (10) days after Tenant fails to timely provide such notice, Tenant shall have no further right to exercise any Option or to extend the other party has given notice term of the name Lease. Time is of its appraiser, the single appraiser appointed essence for this provision. ii) The Base Rent for each Option term shall be the sole appraiser Fair Market Rental Rate of the Premises in effect at the expiration of the then current term of the Lease. "Fair Market Rental Rate" shall be the then going rate for comparable space at the ▇▇▇▇▇▇ Airport Center and other comparable buildings in the Airport sub-market. The determination of the Fair Market Rental Rate shall set take into consideration any concessions and inducement then being offered by landlords in the FRVsubmarket area, as well as the quality of the buildings, the extent of Tenant's liability under the Lease, abatement provisions reflecting free rent and/or no rent during the period of construction or subsequent to the commencement date as to the space in question, brokerage commissions, length of the lease term, size and location of premises being leased, building standard work letter and/or tenant improvement allowances, if any, and other generally applicable conditions of tenancy. There shall be no minimum rent in the determination of Fair Market Rental Rate. iii) If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly Landlord and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to Tenant do not agree on the third appraiser, either of the parties to this Lease, by giving ten Fair Market Rental Rate within thirty (1030) days of Tenant's delivery of notice of its intent to exercise an Option, then Landlord and Tenant shall submit the other party, can apply matter to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. arbitration as set forth below. (a) Within fifteen (15) days after the selection Landlord and Tenant's failure to agree as set forth above, Landlord and Tenant shall each appoint an independent appraiser who shall by profession be a real estate broker who shall have been active over the five (5) year period ending on the date of such appointment in the third appraiserleasing of commercial property in the Las Vegas area. Landlord and Tenant shall each submit to the appraisers their respective Fair Market Rental Rate determinations (and back-up information regarding their determination), a majority and the determination of the appraisers shall set be limited solely to the FRVissue of whether Landlord's or Tenant's submitted Fair Market Rental Rate for the Premises is the closest to the actual Fair Market Rental Rate for the Premises, as determined by the appraisers. Such arbitrators may (or at the request of either party, shall) hold such hearings and require such briefs as the arbitrators, in their discretion, determine to be necessary. The arbitrators shall, within fifteen (15) days of their appointment, agree upon and appoint a third appraiser who shall have the same qualifications required of the initial two appraisers. If the two appraisers fail to agree on a third appraiser, both appraisers shall be dismissed and the matter shall be submitted to arbitration under the Judicial Arbitration and Mediation Service ("JAMS"), but based on the same procedures set forth herein, however, in the event that the Property association recorded covenants and restrictions requires such matter to be determined in another manner, then the parties agree to do so. (b) The three appraisers shall reach a decision within thirty (30) days of the appointment of the third appraiser and shall promptly notify Landlord and Tenant of such determination. The decision of the majority of the three appraisers are unable shall be binding upon the parties. (c) If any party shall fail to appoint an appraiser within the time period set the FRVforth above, the FRV other party shall be provide written notice to the two closest appraisals non-performing party regarding such failure, and in the event such non-performing party fails to appoint an appraiser within five (unless 5) Business Days of receipt of such notice, then the appraisals are equidistant, in which case, appraiser appointed by one of them shall appoint another appraiser under the middle appraisal shall be the FRV)requirements of this sub-section iii.

Appears in 1 contract

Sources: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Option to Extend. Lessee shall have one the option ("Extension Option") to extend the Term term ---------------- of this Lease lease for a period three (3) successive additional periods of five years(5) years each. The Extension Option may Said options shall be exercised only in automatically unless Lessee, gives Lessor notice of Lessee's desire not to exercise the event that Lessee is option. Such extension rights are further subject to Lessee's not being in default under any of the terms and provisions of this Lease upon the date of exerciselease. The Extension Option must notice not to exercise the option for any five (5) year extension shall be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months given at least one-hundred eighty (180) days prior to the end of the Termimmediately preceding term of this lease. The Base Rent first automatic extension of this lease shall be upon the same rental, terms and conditions as are set forth in this Lease Agreement. Rental for the Option Term second and third renewal terms of this lease, shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant an amount equal to the Section 4.1)original rental, or as defined in section 3 hereof, multiplied by a fraction. Said fraction shall be defined as consisting of a numerator, which shall be the index number (iithe "Index Number") 95% indicated under the United States index column of the Consumer Price Index for Urban Wage Earners and Clerical Workers (the "FRVCPI") (1982-1984=100) as promulgated by the United States Department of Labor, for the month immediately preceding the month and year in which the said renewal term shall commence and a denominator, which shall be the Index Number for the CPI for the month and year in which the original commencement date of this Lease occurs,. The "FRV" means If there shall at the then fair rental value being charged time be no such CPI, the parties shall use the most comparable substitute index in determining rent escalation for similar premises in said renewal periods. Notwithstanding the vicinity of the Premisesabove, presuming all other terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor Lease Agreement shall remain in full force and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after effect during the second appraiser has been appointed, they shall attempt to elect a and third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)renewal periods.

Appears in 1 contract

Sources: Lease Agreement (Matewan Bancshares Inc)

Option to Extend. Lessee (a) Provided that there then exists no Default by Tenant under this Lease, nor any event with respect to which Landlord has sent a notice to Tenant that will constitute a Default if not cured in a timely manner, Tenant shall have one (1) option ("Extension Option") to extend the term of this Lease, with the period being for a term of sixty (60) months (the “Extended Term”) commencing on the day next following the Expiration Date of the initial Term of this Lease (the “Extended Term Commencement Date”) To the extent that Tenant fails to exercise an extension option hereunder, the Lease shall terminate as of the Expiration Date of the initial Term (or applicable Extended Term) and all successive options shall terminate and be deemed to be of no further force or effect. (b) Each option to extend shall be exercisable by a binding written notice from Tenant to Landlord of Tenant’s intent to exercise its election for a period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, said option given not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month date which is two at least nine (29) months prior to the commencement of the Option Term, whereupon Lessor Extended Term Commencement Date and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV no earlier than twelve (12) months prior to the end Extended Term Commencement Date. If Tenant fails to timely give binding notice of such monthits intent to exercise its option, then within ten TIME BEING OF THE ESSENCE, said option shall thereupon expire. The option to extend is intended only for the benefit of, and is personal to, Hims, Inc., a Delaware corporation, and may only be exercised by it if the Premises are occupied by Hims, Inc., a Delaware corporation, or a Permitted Transferee. Without limitation of the foregoing, no sublessee or assignee other than a Permitted Transferee shall be entitled to exercise any right hereunder. The Guaranty shall continue to remain in full force and effect throughout any Extended Term. (10c) days thereafter Base Rent per square foot of rentable area of the Premises payable during each party, at its cost and by giving notice Extended Term shall be equal to the other party, shall appoint a real estate appraiser Prevailing Market Rate (as hereinafter defined) with at least ten respect to first full twelve (1012) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice months of the name of its appraiserExtended Term, the single appraiser appointed shall be the sole appraiser with such amount thereafter increased by three and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half percent (3.5%) for each twelve (12) month period during the applicable Extended Term. Landlord shall provide Tenant with its determination of the cost Prevailing Market Rate on or before the date that is two hundred ten (210) days prior to the then-scheduled Expiration Date. (d) The term “Prevailing Market Rate” shall mean the then prevailing annual base rent rental rate per square foot of appointing rentable area, for space in comparable industrial buildings in the third appraiser Mesa Gateway Market (“Comparable Area”) which has been built out for occupancy, comparable in area and location to the space of paying which such rental rate is being determined, being leased for a duration comparable to the third appraiser's feeapplicable Extended Term for terms commencing on or about the applicable Extended Term Commencement Date. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection determination of the third appraiserPrevailing Market Rate shall take into consideration rental concessions and abatements, a majority the condition of the appraisers shall set Premises and Exterior Area, moving expense reimbursements, stops (if then prevalent in the FRVmarket) for taxes and expenses, base years for escalation purposes, other adjustments to base rental, and other comparable or relevant factors. If a majority The components of the appraisers are unable Prevailing Market Rate may include, among the other then prevailing components of rent: a fixed annual rent (such as Base Rent), real estate taxes and other expenses and increases to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)adjust for inflation.

Appears in 1 contract

Sources: Single Tenant Industrial Building Lease (Hims & Hers Health, Inc.)

Option to Extend. Lessee Borrower shall have one the option ("Extension Option") to extend the Term term of the Loan from the Maturity Date (for purposes of this Lease for Section, “Original Maturity Date”), to the Extended Maturity Date, upon satisfaction of each of the following conditions precedent: (a) Borrower shall provide Lender with written notice of Borrower’s request to exercise the Option to Extend not more than one hundred twenty (120) days but not less than sixty (60) days prior to the Original Maturity Date; and (b) As of the date of Borrower’s delivery of notice of request to exercise the Option to Extend, and as of the Original Maturity Date, no Default shall have occurred and be continuing, and Borrower shall so certify in writing; and (c) Borrower shall execute or cause the execution of all documents reasonably required by Lender to exercise the Option to Extend and shall deliver to Lender, at Borrower’s sole cost and expense, a period CLTA 110.5 endorsement to the Title Policy if required by Lender; and (d) There shall have occurred no material adverse change, as determined by Lender in its reasonable discretion, in the financial condition of Borrower, any Guarantor or any Indemnitor from that which existed as of the later of: (A) the Effective Date; or (B) the date upon which the financial condition of such party was first represented to Lender; and (e) On or before the Original Maturity Date, Borrower shall pay to Lender an extension fee in the amount of Nine Thousand Dollars ($9,000); and (f) At Lender’s option, Lender shall have obtained a written appraisal prepared in conformance with the requirements of the Comptroller of the Currency confirming to the satisfaction of Lender that the Loan amount as a percentage of the as-is fair market value of the Property as of the Original Maturity Date does not exceed seventy-five years. The Extension Option may be exercised only percent (75%) (“Loan-to-Value Percentage”); provided, however, in the event that Lessee such as-is fair market value is not in default under this Lease upon adequate to meet the required Loan-to-Value Percentage, then Borrower shall pay down the outstanding principal balance of the Loan on the date following the Original Maturity Date which next coincides with the expiration of exercisea Fixed Rate Period (as defined in the Note) and without premium or penalty such that said Loan-to-Value Percentage may be met. The Extension Option must be exercised by notice in writing valuation date of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end appraisal shall be within sixty (60) days of the TermOriginal Maturity Date. Any principal balance reduction shall reduce Lender’s commitment by a like amount and may not be reborrowed; and (g) The Base Rent for Gross Coverage Factor shall equal or exceed ten percent (10%). Except as modified by this Option to Extend, the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (2) months prior to the commencement of the Option Term, whereupon Lessor Agreement and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, Loan Documents as modified and approved by Lender shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience remain unmodified and in the Central full force and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)effect.

Appears in 1 contract

Sources: Loan Agreement (Douglas Emmett Inc)

Option to Extend. Lessee Provided that Equinix, Inc., a Delaware corporation, or an Affiliate (as hereinafter defined) (said Equinix, Inc. or an Affiliate being hereinafter collectively referred to as "Equinix") (i) is not then in default in the payment of any Rent due under this Lease and is not then in _____________ *CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. default in the performance of any of its other obligations under this Lease, and (ii) has not been in default beyond any applicable notice and cure periods more than once during the immediately preceding two (2) years of the term, in each case both at the time of exercise of the Renewal Option, as hereinafter defined, and at the commencement of the Renewal Period, as hereinafter defined, and is then in occupancy of the Leased Premises at the time of exercise of the Renewal Option, as hereinafter defined, and at the time of the commencement of the Renewal Period, as hereinafter defined, Equinix shall have one an option (the "Extension Renewal Option") to extend the Term term of this Lease for a an additional five (5) year period (the "Renewal Period") after the expiration of five yearsthe initial term. The Extension Renewal Option may shall be exercised exercisable only in by written notice given by Equinix to Landlord not later than twelve (12) months, nor earlier than fifteen (15) months, prior to the expiration of the initial term. In the event that Lessee is Equinix does not timely exercise the Renewal Option, the Renewal Option shall be null and void and of no further force or effect, time being of the essence in default under this Lease upon the exercise of the Renewal Option and it being acknowledged and agreed by Equinix that Landlord shall be entitled to rely on any failure by Equinix to give written notice of its exercise of the Renewal Option by the date of exerciseset forth herein for such exercise thereof. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all All terms and conditions of this LeaseLease shall be applicable during the Renewal Period except that the amount of Base Rent charged for the Renewal Period shall be the then "Prevailing Market Rent", such FRV being which shall be the rent for comparable space in comparable buildings in Loudoun County, Virginia; provided, however, that in no event shall the Prevailing Market Rent determined commencing at as aforesaid be deemed to be less than the beginning of Base Rent for the month which is two (2) months prior to the entire Leased Premises payable under this Lease immediately preceding commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRVRenewal Period. If within thirty (30) days following delivery of Equinix's notice, Landlord and Equinix have not mutually agreed on the parties are unable to agree upon Prevailing Market Rent for the FRV prior to the end of such monthRenewal Period, then within ten (10) days thereafter after the expiration of such thirty-day period, each party, at its cost and by giving party shall give written notice to the other setting forth the name and address of a Broker (as hereinafter defined) selected by such party who has agreed to act in such capacity, to determine the Prevailing Market Rent. If either party shall fail to select a Broker as aforesaid, the Prevailing Market Rent shall be determined by the Broker selected by the other party. Each Broker shall thereupon independently make his determination of the Prevailing Market Rent within twenty (20) days after the appointment of the second Broker. If the two Brokers' determinations are not the same, but the higher of such two values is not more than one hundred five percent (105%) of the lower of them, then the Prevailing Market Rent shall be deemed to be the average of the two values. If the higher of such two values is more than one hundred five percent (105%) of the lower of them, then the two Brokers shall jointly appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser third Broker within ten (10) days after the other party has given notice second of the name two determinations described above has been rendered. The third Broker shall independently make his determination of its appraiser, the single appraiser appointed Prevailing Market Rent within twenty (20) days after his appointment. The highest and the lowest determinations of value among the three Brokers shall be disregarded and the sole appraiser and remaining determination shall set be deemed to be the FRVPrevailing Market Rent. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen Within thirty (1530) days after the second appraiser has been appointedPrevailing Market Rent is determined as aforesaid, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of execute an amendment to this Lease setting forth the cost of appointing new Rent to be paid for the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)Renewal Period.

Appears in 1 contract

Sources: Lease (Equinix Inc)

Option to Extend. Subject to credit approval and provided that Lessee has not been in default hereunder, Lessee shall have one option ("Extension Option") the right to extend the Term termination date of this Lease for a period to August 30, 2020. This option to extend, however, shall be null and void if Lessee has been given any notice of five yearsdefault under this Lease. The Extension Option may defaults referred to herein include any and all defaults under this Lease, whether such defaults concern the monetary obligations of the Lessee or non-monetary obligations of the Lessee. The terms of the extended lease shall be exercised the same as this Lease, except that (i) rent shall be 100% of the then current market rate for comparably improved space in the subject building as determined by Lessor in its sole and absolute discretion and (ii) security deposit shall be an amount that bears the same relationship to the new rent that the initial deposit did to the initial rent. To exercise this option, Lessee must advise Lessor of its desire to extend, in writing, on or before February 28, 2017. Dated 15-July 2014 Lessee Lessor By /s/ ▇▇▇▇ ▇▇▇▇▇▇ By /s/ ▇▇▇▇ ▇. ▇▇▇▇▇▇ Rules and Regulations 1. The sidewalks, halls, exits, entrances and stairways shall not be obstructed or used for any purpose other than for ingress and egress. The halls, exits, entrances, stairways and roof are not for the use of the general public and Lessor shall in all cases retain the right to control and prevent access thereto by all persons whose presence, in the judgment of Lessor, shall be prejudicial to the safety, character, reputation and interests of the building. Bicycles shall not be brought into any interior space or common area of the premises and shall be parked, stored or locked only at the bicycle racks provided on the north side of the premises. No vehicles of any kind, whether motorized or nonmotorized, shall be parked or stationed on or so as to obstruct any interior or exterior walkway, stairway, path, landscaped area, courtyard, foyer, lobby or any other place in or around the premises except for marked and designated parking spaces or bicycle racks. At no time shall any common area of the premises including, without limitation, sidewalks, halls, exits, entrances, stairways, lobbies, foyers, courtyards, parking areas, lawns or landscaped areas, be used as waiting or assembly areas for employees, invitees, contractors, suppliers or customers of any tenant (collectively “employees and invitees”). All tenants shall take all steps necessary to insure that all employees and invitees (including any adults or children accompanying such employees or invitees) (i) use the building entrance nearest their front door and (ii) wait and assemble only in internal lobbies or waiting rooms not visible from the common areas of the premises and located within the demised space of the tenant in question. At no time shall any tenant permit any employee or invitee to sit, wait, play on or otherwise utilize any common area of the premises except for purposes of ingress and egress to the enclosed and demised tenant space. 2. Lessee shall specify that all deliveries be made at the rear of the building only. Under no circumstances are deliveries to be made or received at or through the front of the building. There shall not be used in the building any hand trucks except those equipped with rubber tires and side guards. In no event shall hand trucks be used on or about the front stairs or lobby of the building. 3. Cars are to park in properly marked spaces only. Under no circumstances are cars to CO back in, (ii) park in spaces reserved for other tenants, (iii) park in driveways, (iv) park in front of entrances to the building, (v) park in unmarked areas or (vi) park in loading zones except while loading or unloading. Under no circumstances are cars to park overnight, on Saturdays, Sundays or legal holidays without Lessor’s prior written consent. All motorcycles, mopeds and bicycles are to park only in the event that area designated for them. Lessor shall have the right to cause improperly parked vehicles to be towed at the owner’s expense. In addition, Lessee is shall pay to Lessor a charge of $100.00 per day for each parking violation of Lessee, its agents, employees, invitees, contractors, suppliers or customers. 4. Lessee shall not in default under this Lease upon the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of (i) permit or suffer the Base Rent then premises to be occupied or used in effect (as periodically adjusted pursuant a manner offensive or objectionable to Lessor or other occupants of the Section 4.1)building, or (ii) 95% use the premises for manufacturing, maintenance, repair or for the storage of merchandise except as such storage may be incidental to the use of the "FRV"premises for general office purposes or (iii) use the premises for cooking, lodging, sleeping, smoking or any illegal purpose. 5. The "FRV" means Lessee shall not use or keep in the then fair rental value being charged premises any hazardous, toxic, flammable, explosive or noxious material, food, animal, fish or bird. 6. Before leaving each day, Lessee shall see that (i) all drapes are closed, (ii) all water, gas and electricity in the premises is shut off and (iii) the doors of the premises and building are securely locked. 7. Lessee shall not ▇▇▇▇, drive nails, screw or drill into floors, walls, doors, woodwork, plaster or ceilings, or in any way deface the premises or any part thereof. 8. No boring or cutting for similar wires or equipment will be allowed without Lessor’s prior written consent. 9. No unusual furniture, freight, packages, supplies, equipment or merchandise of any kind shall be brought into the building without Lessor’s prior written consent and all moving of the same into or out of the building shall be done at such a time and in such manner as Lessor shall designate. 10. Lessee shall not overload the floor of the premises. Lessor shall have the right to prescribe the weight, size and position of all heavy objects brought into the building and also the times and manner of moving the same in and out of the building. Lessor may require Lessee to pay for any engineering and construction work it deems appropriate to strengthen floors. Lessor will not be responsible for loss of or damage to any such property from any cause and all damage done to the building by moving or maintaining such property shall be repaired at the expense of Lessee. 11. Lessee shall (i) use protective pads at all desks, coffee machines and copy machines, (ii) keep the entrance door closed and (Hi) maintain the premises in the vicinity a clean and orderly manner at all times. 12. No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed, printed or affixed to any part of the Premises, presuming all terms outside or inside of the building or the premises without Lessor’s prior written consent and conditions Lessor shall have the right to remove any such item without notice to and at the expense of Lessee. 13. Lessor will furnish Lessee 2 10 keys to Lessee’s entry door. Lessor shall make a reasonable charge for any additional keys. Lessee shall not have any such keys copied. Upon the expiration or earlier termination of this Lease, such FRV being determined commencing at Lessee shall deliver to Lessor all keys to doors in the beginning building. Lessee shall not alter any lock or install any new or additional locks or any bolts on any door of the month premises without Lessor’s prior written consent. 14. The bathrooms, urinals and washbowls shall be used only for the purpose for which is two (2) months they were constructed and no foreign substance of any kind shall be thrown or disposed of therein. 16. No vending machine of any kind shall be installed, maintained or operated in the premises without Lessor’s prior written consent. 17. On Saturdays, Sundays, legal holidays and other days between the hours of 5:00 p.m. and 9:00 a.m. the following day, access to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, building or to the presiding judge premises may be refused unless the person seeking access is known to the person or employee of the Superior Court building in charge and has a pass or is properly identified. The Lessor shall in no case be liable for damages for any error with regard to the admission of or exclusion from the building of any person. In case of invasion, riot, public excitement or other commotion, Lessor reserves the right to prevent access to the building for the safety of the Countybuilding and its tenants. 18. Lessee shall not disturb, for the selection of a third appraiser meeting the qualifications stated in this section. Each solicit or canvass any other tenants of the parties building and shall bear one-half of cooperate to prevent same. 19. Lessee shall install and maintain, at Lessee’s sole cost and expense, fire extinguishers next to any duplicating machine or similar heat producing equipment. 20. If Lessee wishes to maintain a coffee machine or like device in the cost of appointing premises, a timer must be connected to the third appraiser and of paying the third appraiser's feeoutlet into which said machine is connected to prevent same from being left on. 21. The third appraiserNo air conditioner, however selectedpower strip, heater or similar appliance shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistant, in which case, the middle appraisal shall be the FRV)used without Lessor’s prior written consent.

Appears in 1 contract

Sources: Standard Form Office Lease (ZS Pharma, Inc.)

Option to Extend. Lessee (a) Landlord hereby grants Tenant a single option to extend the Extended Term of the Lease for an additional period of five (5) years (such period may be referred to as the "Option Term"), as to the entire Premises as it may then exist, upon and subject to the terms and conditions of this Section (the "Option To Extend"), and provided that at the time of exercise of such right: (i) Tenant must be in occupancy of the entire Premises; and (ii) there has been no material adverse change in Tenant's financial position from such position as of the date of execution of the Lease, as certified by Tenant's independent certified public accountants, and as supported by Tenant's certified financial statements, copies of which shall have one option be delivered to Landlord with Tenant's written notice exercising its right hereunder. (b) Tenant's election (the "Extension OptionElection Notice") to extend exercise the Term of this Lease for a period of five years. The Extension Option may To Extend must be exercised only given to Landlord in the event that Lessee is not in default under this Lease upon writing no earlier than the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not which is two hundred and seventy (270) days before the Expiration Date and no later than 6 months the date which is two hundred and forty (240) days prior to the end Expiration Date. If Tenant either fails or elects not to exercise its Option to Extend by not timely giving its Election Notice, then the Option to Extend shall be null and void. (c) The Option Term shall commence immediately after the expiration of the TermExtended Term of the Lease. The Base Rent for Tenant's leasing of the Premises during the Option Term shall be upon and subject to the same terms and conditions contained in the Lease except that (i) the monthly base rent, plus payment of Tenant's proportionate share of Operating Expenses and Utilities charges pursuant to the Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant's obligation) shall be amended to equal the "Option Term Rent", defined and determined in the manner set forth in the immediately following Subsection; (ii) the Security Deposit provisions shall remain as provided in the Lease; (iii) Tenant shall accept the Premises in its "AS-IS" condition without any obligation of Landlord to repaint, remodel, repair (except as otherwise provided for in the Lease), improve or alter the Premises or to provide Tenant any allowance therefor; and (iv) there shall be no further option or right to extend the term of the Lease. If Tenant timely and properly exercises the Option To Extend, references in the Lease to the Term shall be deemed to mean the Extended Term as extended by the Option Term unless the context clearly requires otherwise. (d) The Option Term Rent shall mean the greater of (i) the Base Rent then in effect (as periodically adjusted monthly base rent payable by Tenant under this Lease calculated at the rate applicable for the last full month of the Extended Term, plus payment of Tenant's proportionate share of Operating Expenses and Utilities charges pursuant to the Section 4.1)Lease (in addition to all expenses paid directly by Tenant to the utility or service provider, which direct payments shall continue to be Tenant's obligation) (collectively, "Preceding Rent") or (ii) 95% of the "FRVPrevailing Market Rent". The "FRV" means As used herein Prevailing Market Rent shall mean the then fair rental value being charged rent and all other monetary payments, escalations and triple net payables by Tenant, including consumer price increases, that Landlord could obtain from a third party desiring to lease the Premises for similar premises in a term equal to the vicinity Option Term and commencing when the Option Term is to commence under market leasing conditions, and taking into account the following: the size, location and floor levels of the Premises, presuming all terms ; the type and conditions quality of this Lease, such FRV being determined commencing at the beginning tenant improvements; age and location of the month which is two (2) months prior Project; quality of construction of the Project; services to be provided by Landlord or by tenant; the rent, all other monetary payments and escalations obtainable for new leases of space comparable to the commencement Premises in the Project and in comparable buildings in the mid-Peninsula area, and other factors that would be relevant to such a third party in determining what such party would be willing to pay therefor. The determination of Prevailing Market Rent based upon the foregoing criteria shall be made by Landlord, in the good faith exercise of Landlord's business judgment. Within thirty (30) days after Tenant's exercise of the Option TermTo Extend, whereupon Lessor and Lessee Landlord shall attempt to agree upon notify Tenant of Landlord's determination of Option Term Rent for the FRVPremises. If Landlord's determination of Prevailing Market Rent is greater than the parties are unable Preceding Rent, and if Tenant, in Tenant's sole discretion, disagrees with the amount of Prevailing Market Rent determined by Landlord, Tenant may elect to agree upon revoke and rescind the FRV prior to exercise of the end of such month, then within ten (10) days thereafter each party, at its cost and option by giving written notice thereof to the other party, shall appoint a real estate appraiser with at least ten Landlord within forty-five (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (1045) days after the other party has given notice of Landlord's determination of Prevailing Market Rent. (e) This Option to Extend is personal to Cygnus and to any assignee of the name of its appraiserLease which is an Affiliate (defined below) and may not be used by, the single appraiser appointed shall be the sole appraiser and shall set the FRVnot be transferable or assignable (voluntarily or involuntarily) to any other person or entity. If there are two appraisers appointed For purposes of this Section, "Affiliate" means (i) any subsidiary, affiliate or division controlled by the parties as stated in this paragraphTenant; (ii) a successor corporation related to Tenant through merger, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen consolidation or non-bankruptcy reorganization; or (15iii) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either purchaser of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president substantially all of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiserTenant's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistantassets, in each case of (i), (ii) and (iii) which case, also must satisfy the middle appraisal shall be requirements described in the FRV).paragraph immediately following Paragraph 15

Appears in 1 contract

Sources: Industrial Net Lease Agreement (Cygnus Inc /De/)

Option to Extend. (i) If the term of this lease shall then be in full force and effect and Lessee has complied fully with its obligations hereunder, Lessee shall have one the option ("Extension Option") to extend the Term term of this Lease lease for a period of five years. The (5) years (the "Extension Option may be exercised only in Term") commencing on the event day immediately following the Expiration Date, provided however that Lessee is not in default under this Lease upon shall give Lessor notice of its election to extend the date of exercise. The Extension Option must be exercised by notice in writing of such exercise, delivered by Lessee to Lessor, not later term no earlier than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of eighteen (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (218) months prior to the commencement of the Option Term, whereupon Lessor and Lessee shall attempt to agree upon the FRV. If the parties are unable to agree upon the FRV Expiration Date nor later than twelve (12) months prior to the end Expiration Date of such month, then within ten the term. TIME SHALL BE OF THE ESSENCE in connection with the exercise of Lessee's option pursuant to this Article. (10ii) days thereafter each party, at its cost and by giving notice Notwithstanding anything contained herein to the other partycontrary, shall appoint if Lessee exercises its option to extend the term of this lease, Lessor may elect to cause Lessee to rescind such notice if Lessor intends to lease the Premises to a real estate appraiser with at least ten (10) years full-time industrial appraisal experience tenant in the Central and Southern Orange County area to appraise and determine such FRVBuilding then leasing more than 10,420 gross rentable square feet (a "Larger Tenant"). If Lessor intends to lease the Premises to a party does not appoint an appraiser Larger Tenant, Lessor shall notify Lessee within ten thirty (1030) days after Lessor's receipt of Lessee's election to extend the other party has given notice term of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree within fifteen (15) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this section within ten (10) days after the last day the two appraisers are given to set the FRV. If the two appraisers are unable to agree on the third appraiser, either of the parties to this Lease, by giving ten (10) days notice to the other party, can apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear one-half of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. Within fifteen (15) days after the selection of the third appraiser, a majority of the appraisers shall set the FRV. If a majority of the appraisers are unable to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistantlease, in which caseevent, the middle appraisal Lessee's election shall be deemed rescinded, Lessee shall no longer have any option to extend the FRV)term of this lease and this lease shall expire on the Expiration Date. The provisions of this Section 55(a)(ii) shall no longer be applicable in the event Lessor relocates Lessee to Substituted Leased Premises (pursuant to Article 52 above) after the three (3) year anniversary of the Rent Commencement Date.* (b) Such extension of the term of this lease shall be upon the same covenants and conditions, as herein set forth except for

Appears in 1 contract

Sources: Lease (Pharmaceutical Resources Inc)

Option to Extend. Lessee While this lease is in full force and effect provided that Tenant is not in default of any of the terms, covenants and conditions thereof, Tenant shall have one the right or option ("Extension Option") to extend the Term original term of this Lease for three (3) further terms of sixty (60) months. Such extension or renewal of the original term shall be on the same terms, covenants and conditions as provided for in the original term except that: a) The initial monthly rental during the first option period shall be based upon the Index as described in Paragraph 50 of the Exhibit C with a ceiling. b) The initial monthly rental during the second option period shall be based upon the fair market rental value of five yearsequivalent properties, of equivalent size, in equivalent areas. c) The initial monthly rental during the third option period shall be based upon the Index described in paragraph 2 of the Addendum. d) No further renewal options shall apply. e) A rental escalation shall apply in the period beginning month thirty one (31) of each option period. The Extension Option may escalation shall be exercised only described in paragraph 50 of Exhibit C. Notice of Tenant's intention to exercise the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option option must be exercised by notice given to Landlord in writing of such exercise, delivered by Lessee to Lessor, not later than 6 months at least one hundred eighty (180) days prior to the end expiration of the Term. The Base Rent for the Option Term shall be the greater of (i) the Base Rent original or then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions existing term of this Lease, such FRV being determined commencing at the beginning . This option is not assignable except to a permitted assignee as defined in paragraph 10 A of the month which is two (2) months prior to Lease. In the commencement of the Option Term, whereupon Lessor event Landlord and Lessee shall attempt to Tenant do not agree upon the FRV. If the parties are unable to agree upon the FRV prior to the end of such month, then within ten (10) days thereafter each party, at its cost and by giving notice to the other party, shall appoint in writing on a real estate appraiser with at least ten (10) years full-time industrial appraisal experience in the Central and Southern Orange County area to appraise and determine such FRV. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the FRV. If there are two appraisers appointed by the parties as stated in this paragraph, they shall met promptly and attempt to set the FRV. If the two appraisers are unable to agree fair market rate within fifteen (15) days after exercise of the option for the second option period or do not agree in writing on a single appraiser has been appointedwithin twenty five (25) days after such exercise, they then: a) Each shall attempt to elect a third appraiser meeting the qualifications stated in this section appoint an Appraiser within ten thirty five (1035) days after the last day exercise of option. b) In the event the two appraisers are given to set the FRV. If the two appraisers Appraisers are unable to agree on the third appraiser, either a fair market rate within forty five (45) days after exercise of the parties to this Leaseoption, then the two Appraisers, shall jointly appoint a third Appraiser by giving ten the forty fifth (1045th) days notice to day after the other party, can apply to the then president exercise of option. c) The average of the County Real Estate Boardtwo closest appraisals shall be deemed to be the fair market rental value which shall be determined by the seventieth (70th) day after the exercise of option. d) Subject to paragraph (g), or to Landlord and Tenant shall each pay the presiding judge costs of the Superior Court of the County, for the selection of a third appraiser meeting the qualifications stated in this section. Each of the parties shall bear its selected Appraiser and one-half of the cost of appointing the third appraiser rental appraiser. e) Tenant shall either: (i) Accept the fair market determination and of paying the third appraiser's fee. The third appraiser, however selected, shall be execute and deliver a person who has not previously acted in any capacity for either party. Within fifteen lease amendment within ninety (1590) days after the selection exercise of option or, (ii) Decline the third appraiser, a majority determination of fair market and cancel the appraisers shall set the FRV. If a majority of the appraisers are unable option to set the FRV, the FRV shall be the two closest appraisals (unless the appraisals are equidistantlease, in which casecase Tenant shall pay all fees of Appraisal, including Landlord's and that of the middle appraisal neutral Appraiser. Failure to deliver an executed lease amendment shall mean Tenant has elected alternative (ii) herein. In no event, however, will the monthly rent payable under this Lease as adjusted in the above described method ever be less than the FRV)monthly rent payable in the period prior to the adjustment.

Appears in 1 contract

Sources: Lease Agreement (Park Electrochemical Corp)

Option to Extend. Lessee Landlord hereby grants Tenant the right to extend the term of the Lease for an additional period of five (5) years (such extended period is hereinafter referred to as the "Extended Term") on the same terms and conditions contained in the Lease, except that (i) Base Rent for the Extended Term shall have one be as set forth hereinbelow, and (ii) no additional options to extend shall apply following the expiration of the Extended Term. Except as otherwise provided in Section 2.05(b) and 2.06(b), written notice of Tenant's exercise of its option to extend ("Extension OptionOption to Extend") to extend the Term of this Lease for a period of five years. The Extension Option may be exercised only in the event that Lessee is not in default under this Lease upon the date of exercise. The Extension Option Extended Term must be exercised by notice in writing of such exercise, delivered by Lessee given to Lessor, not later Landlord no less than 6 months prior to the end of the Term. The Base Rent for the Option Term shall be the greater of thirteen (i) the Base Rent then in effect (as periodically adjusted pursuant to the Section 4.1), or (ii) 95% of the "FRV". The "FRV" means the then fair rental value being charged for similar premises in the vicinity of the Premises, presuming all terms and conditions of this Lease, such FRV being determined commencing at the beginning of the month which is two (213) months prior to the commencement date the Term of the Lease would otherwise expire. If Tenant is in material default under this Lease, Tenant shall have no right to exercise its Option to Extend the Term of this Lease pursuant to this Section 4.03 until such default is cured; provided, that the period of time within which said option may be exercised shall not be extended or enlarged by reason of Tenant's inability to exercise said option because of a default. In the event Tenant validly exercises its Option to Extend the Term of this Lease as herein provided, Base Rent shall be adjusted as of the commencement date of the Extended Term as follows: (a) Except in the event of an election by Tenant of its Option to Extend pursuant to Section 2.05(b) or 2.06(b) (which shall be controlled by such Subsections and Subsection 4.03(e) below), within thirty (30) days after exercise of its Option to Extend by Tenant, Landlord shall provide Tenant with Landlord's determination of the fair market Base Rent for the Extended Term, whereupon Lessor including periodic increases as dictated by the current market ("Landlord's Determination of Base Rent for Extended Term"). Tenant shall provide notice to Landlord within ten (10) business days after receipt of such notice from Landlord as to whether Tenant accepts Landlord's Determination of Base Rent for Extended Term and, at such time Tenant may notify Landlord that Tenant revokes its exercise of its Option to Extend, in which event Tenant will have no further rights under this Section. Tenant shall have no such right to revoke its exercise of its Option to Extend exercised or deemed to be exercised pursuant to Sections 2.05(b) or 2.06(b) above. In the event Tenant does not agree to Landlord's Determination of Base Rent for Extended Term but does not elect to revoke the exercise of its Option to Extend pursuant to the above sentence, Landlord and Lessee Tenant shall attempt to agree upon Base Rent for the FRVPremises for the Extended Term, such rent to be the fair market rental value of the Premises for the Extended Term, as defined in Subsection (d) below. If the parties are unable to agree upon the FRV Base Rent for the Extended Term by the date three (3) months prior to the end commencement of such monththe Extended Term, then within ten (10) days thereafter each party, at its own cost and by giving notice to the other party, shall appoint a real estate appraiser with at least ten five (105) years full-time industrial commercial real estate appraisal experience in the Central and Southern Orange County area in which the Premises are located to appraise and determine such FRVset Base Rent for the Extended Term. If a party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set Base Rent for the FRVExtended Term. If there are each party shall have so appointed an appraiser, the two appraisers appointed by the parties as stated in this paragraph, they shall met meet promptly and attempt to set the FRVBase Rent for the Extended Term. If the two appraisers are unable to agree within fifteen thirty (1530) days after the second appraiser has been appointed, they shall attempt to elect select a third appraiser meeting the qualifications herein stated in this section within ten (10) days after the last day the two appraisers are given to set the FRVBase Rent. If the two appraisers are unable to agree on the third appraiserappraiser within such ten (10) day period, either of the parties to this Lease, by giving ten five (105) days notice to the other party, can may apply to the then president of the County Real Estate Board, or to the presiding judge of the Superior Court of the County, King County for the selection of a third appraiser meeting the qualifications stated in this sectionparagraph. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. . (b) Within fifteen thirty (1530) days after the selection of the third appraiser, a majority of the appraisers shall set Base Rent for the FRVExtended Term. If a majority of the appraisers are unable to set Base Rent within the FRVstipulated period of time, the FRV three appraisals shall be added together and their total divided by three (3). The resulting quotient shall be the two closest appraisals (unless Base Rent for the appraisals are equidistantPremises during the Extended Term. If, in which casehowever, the low appraisal and/or the high appraisal is/are more than ten percent (10%) lower and/or higher than the middle appraisal, the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the FRVremaining two (2) appraisals shall be added together and their total divided by two (2), and the resulting quotient shall be Base Rent for the Premises during the Extended Term. (c) For purposes of the appraisal, the term "-fair market rental value-" shall mean the price that a ready and willing tenant would pay, as of the Extended Term commencement date, as rent to a ready and willing landlord of premises comparable to the Premises in the Kirkla▇▇/▇▇▇▇▇vue/Redmon▇/▇▇▇▇▇ll market, if such premises were exposed for lease on the open market for a reasonable period of time; including any rent increases and, only if the determination of rent is made within twelve (12) months of commencement of the Extended Term, prevailing rent concessions over the Extended Term to the extent normal under then current market conditions; provided, that Base Rent for any applicable Extended Term shall not be less than the Base Rent in effect during the month immediately preceding the commencement of such Extended Term. (d) In the event Tenant exercises its Option to Extend pursuant to this Section 4.03 (but not in the event of an exercise of the second option pursuant to Section 2.06(b) above), Landlord shall provide Tenant with an allowance of up to $4.65 per square foot of the Building F Premises to reimburse Tenant for actual costs for leasehold improvements of the Premises made by Tenant to the Building F Premises. (e) In the event Tenant is deemed to exercise its Option to Extend pursuant to this Section 4.03 in connection with its lease of the Second Expansion Space pursuant to Section 2.05(b) above, Landlord shall, within thirty (30) days after exercise by Tenant of such option, forward to Tenant Landlord's Determination of Base Rent of Extended Term for the Extended Term and Tenant shall have the option, by written notice to Landlord within thirty (30) days after receipt of Landlord's Determination of (i) electing to accept Landlord's Determination of Base Rent for the Extended Term, (ii) electing to defer determination of the fair market rental value for the Extended Term until the date twelve (12) months prior to the commencement of the Extended Term (in which event the procedures of 4.03 (a)-(c) above, to the extent applicable, shall commence as of such date), or (iii) electing to determine the fair market rental value pursuant to the provisions of this 4.03 as soon as practicable after the deemed exercise by Tenant of this Option to Extend, which fair market rental value shall be determined as of the date of such deemed exercise (but shall not be less than the Base Rent in effect at such time) and the Base Rent commencing at the commencement of the Extended Term or Second Extended Term, as applicable, shall be such fair market rental value determined after the deemed exercise of Tenant's Option to Extend, increased by four and one-half percent (4.5%) per annum (prorated as applicable) from the date of such determination to the commencement of the Extended Term.

Appears in 1 contract

Sources: Lease Agreement (Microvision Inc)