Common use of Option to Extend Clause in Contracts

Option to Extend. 29.35.1 Tenant is hereby granted one (1) option to extend the initial Lease Term (the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 3 contracts

Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)

Option to Extend. 29.35.1 (a) Provided that Landlord has not given Tenant is hereby granted notice of default more than two (2) times following the date of execution of this Amendment, and there then exists no event of default by Tenant under the Lease nor any event that with the giving of notice and/or the passage of time would constitute an event of default, Tenant shall have the right and option to extend the Term for one (1) option to extend the initial Lease Term (the “Option to Extend”) for a additional period of three sixty (360) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Termmonths. Tenant shall not have the exercise this right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving Landlord prior written Notice of exercise notice, not sooner than fifteen (the “Option Exercise Notice”15) not more nor later than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement advance of then scheduled expiration of the parties and not by exercise Term, of Tenant’s Option election to Extend, then Tenantextend the Term. The parties agree that time is of the essence and that this option is personal to Tenant and is non-transferable to any assignee or sublessee (regardless of whether any such assignment or sublease was made with or without Landlord’s Option to Extend shall be null and void and of no further force consent) or effectother party. (b) Base Rent for the Option Term Such extension shall be adjusted to under the same terms and conditions as provided in the Lease except that: (1) the Minimum Annual Rent payable by Tenant shall be at the then fair market Base Rent, as value (and in no event less than the Minimum Annual Rent payable during the immediately preceding Term) and (2) upon exercise of the commencement of the Option Termoption to extend, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is locatedthere shall be no further options to extend. (c) The parties For the purposes of this Lease, the term “fair market value” shall have mean Landlord’s reasonable determination of fair market value of rent for office/laboratory/warehouse buildings in the Eagleview Corporate Center. Landlord shall notify Tenant in writing within thirty (30) days after Landlord receives the Option Exercise Notice in which Tenant’s exercise of its option to agree on extend as to Landlord’s determination of such fair market Base Rent during the Option Termvalue rent. If the parties agree on the Base Rent for the Option Term during Tenant shall execute a lease renewal agreement in form prescribed by Landlord and reasonably acceptable to Tenant utilizing such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on determination of fair market Base Rent for value within twenty (20) days after Tenant’s receipt of Landlord’s notice; if Tenant does not exercise its option to extend by the Option Term date set forth above, or having exercised its option, does not execute a lease renewal agreement within such thirty (30) day periodthe time period required above, the Option Exercise Notice Tenant shall be of no effect deemed to have revoked its option to extend, and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have terminate, without further options to extend, at the right to have a court or other third party set the Base Rent or force an extension expiration of the Lease then current Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 3 contracts

Sources: Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Fibrocell Science, Inc.)

Option to Extend. 29.35.1 (a) So long as Tenant is hereby granted not in default beyond the expiration of applicable notice and cure periods, Tenant shall have an option to renew the terms and conditions of the Lease for one (1) option to extend five (5) year period upon the initial Lease Term (the “Option to Extend”) same terms and conditions contained herein except for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Termrental. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice provide Landlord notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise ’s Notice”) not more than twelve (12) months and in writing not less than eight nine (8) 9) months prior to the Expiration Date. Notwithstanding anything herein expiration of the term hereof of its intention to exercise said option, in which event the Base Rent for such renewal period shall be equal to the contrary, fair market rental then being charged in the event that Tenant does West Suburban East West Corridor in comparable buildings for a renewal lease of comparable size and condition of space, taking into consideration all relevant factors, including but not properly exercise its Option limited to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise creditworthiness of Tenant’s Option , amenities, location, submarkets, duration of term, commissions, operating costs, tenant improvements, and other incentives, if any. Failure to Extend, then Tenant’s Option to Extend so elect in the manner and time aforesaid shall be render such option null and void and of no further force or effect. Landlord shall reply to such ▇▇▇▇▇▇’s notice within thirty (30) days from receipt thereof setting forth the rent and other relevant terms (“Renewal Terms”) for the applicable renewal period. If Landlord fails to reply with ▇▇▇▇▇▇▇▇’s determination of the Renewal Terms for the applicable renewal period within such thirty (30) day period, or if Tenant does not agree with Landlord’s determination of the Renewal Terms for the applicable renewal period, Tenant may elect to withdraw its exercise said option, in which event this Lease shall expire on the last day of the Lease Term or the applicable shall expire renewal term. (b) Base Rent for Provided that Tenant has not withdrawn its exercise of said option, the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives from the Option Exercise Notice in which date of Landlord’s response to ▇▇▇▇▇▇’s notice to agree on fair market Base Rent during the Option Termproposed Renewal Terms. If In the event the parties are unable to agree on upon the Base Rent for Renewal Terms within such thirty (30) day period of Tenant’s exercise, the Option Term during such parties shall then proceed as follows: within twenty (20) days after the end of said thirty (30) day period, they each party shall immediately execute appoint an amendment MAI appraiser who shall be licensed in the State of Illinois and specializes in evaluation of commercial real estate and office rents in the West Suburban East West Corridor area for property of similar age, size, and location, and has at least ten (10) years experience. Such two (2) MAI appraisers shall each determine within thirty (30) days after their appointment the amount of the fair market rent based upon the Renewal Terms for renewal transactions to this Lease stating be in effect during the new Base Rentsubject extended term. If the two (2) MAI appraisers chosen by the parties are unable to agree on fair market rent, then the two (2) MAI appraisers shall, within five (5) days after conclusion of such twenty (20) day period, together, appoint a third similarly qualified MAI appraiser. The third MAI appraiser shall, within ten (10) days after his or her appointment, review the reports prepared by the first two (2) MAI appraisers, conduct such additional analysis as may be appropriate, and make a determination of fair market rent. The annual Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice allocable extended period shall be equal to the average of no effect the two (2) determinations which are closest together, and this Lease such determination shall expire on be final, binding, and conclusive upon the Expiration Dateparties hereto. The parties shall execute an amendment to this Lease incorporating such terms. Each party shall bear the Lease cost of its MAI appraiser and shall not have equally share the right to have a court or other third party set the Base Rent or force an extension cost of the Lease Termthird MAI appraiser. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 2 contracts

Sources: Office Lease (Ameriquest, Inc.), Office Lease (Ameriquest, Inc.)

Option to Extend. 29.35.1 Tenant (a) Provided that there is hereby granted no uncured Event of Default (as defined in Paragraph 22) by Lessee under this Lease at the time of exercise, or at the time the Option Period commences, Lessee shall have the option to extend the Term of this Lease for one (1) additional period of five (5) years (“Option Period”) on the same terms and conditions set forth in this Lease, except that (i) the Monthly Base Rent for the Option Period shall be determined as provided in Paragraph 3(b) below, (ii) Lessor shall have no obligation to provide Lessee with an allowance for, or otherwise construct any, improvements to the Property, and (iii) Lessor shall not be required to pay any leasing commissions to any brokers in connection with the Option Period. Lessee shall exercise its option to extend the initial Lease Term by giving Lessor written notice (the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than at least twelve (12) months and months, but not less more than eight fifteen (8) months 15) months, prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement expiration of the parties initial Term of this Lease. The option to extend is personal to SiTime Corporation and may not by exercise of Tenant’s Option be transferred or assigned to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effectany third party other than a Permitted Transferee (as defined in Paragraph 17(g) below). (b) The Monthly Base Rent for the Option Term Period shall be adjusted to fair market Base Rent, determined as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located.follows: (c1) The parties Lessor and Lessee shall have thirty (30) days after Landlord Lessor receives the Lessee’s Option Exercise Notice in within which to agree on fair market Base Rent during the Option Term. If the parties agree on the Monthly Base Rent for the Option Term during such Period based upon the then fair market rental value of the Property as defined in Paragraph 3(b)(2). If Lessor and Lessee agree on the Monthly Base Rent for the Option Period within thirty (30) day perioddays, they shall immediately execute an amendment to this Lease stating the new Monthly Base RentRent for the Option Period. If the parties are unable to agree on fair market the Monthly Base Rent for the Option Term Period within thirty (30) days, then, the initial Monthly Base Rent for the Option Period shall be the then current fair market rental value of the Property as determined in accordance with Paragraph 3(b)(3). On the first anniversary of the first day of the Option Period, Monthly Base Rent for the Option Period shall be increased to an amount equal to 103% of the Monthly Base Rent payable for the first year of the Option Period, and such 3% annual increases shall continue to be applied to Monthly Base Rent on each subsequent anniversary of such date throughout the Option Period. (2) The “then fair market rental value of the Property” shall be defined to mean the fair market rental value of the Property as of the commencement of the applicable Option Period, taking into consideration the uses permitted under this Lease, the quality, size, design and location of the Premises, and the rent for comparable buildings located in Santa Clara, California. When determining the fair market rental value of the Property by reference to comparable transactions, the base rents provided for in such comparable transactions shall be adjusted to reflect the differences between the other terms of such comparable transactions and the other terms of the renewal or expansion to which the fair market rental value is to be applicable. For example: (a) if such comparable transactions provided for any allowance and/or free rent, then in determining the fair market rental value of the Property for the Option Period if Lessee does not receive any allowance and/or free rent (or a smaller allowance and/or free rent) the base rents provided for in such comparable transactions shall be adjusted downward, or (b) if such comparable transactions provided for the tenant thereunder to pay its pro-rata share of increases in operating expenses and/or taxes over a base year different from the triple net payments to be applicable to the Option Period, then in determining the fair market rental value of the Property for the Option Period, the base rents provided for in such comparable transactions shall be adjusted upward or downward, as appropriate. (3) Within seven (7) days after the expiration of the thirty (30) day periodperiod set forth in Paragraph 3(b)(1), each party, at its cost and by giving notice to the other party, shall appoint an MAI appraiser with at least five (5) years’ full time commercial appraisal experience with similar commercial/industrial properties in Santa Clara, California, to appraise and set the then fair market rental value of the Property for the Option Period. 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 Option Exercise Notice single appraiser appointed shall be the sole appraiser and shall set the then fair market rental value of no effect the Property for the Option Period. If the two (2) appraisers are appointed by the parties as stated in this paragraph, they shall meet promptly and attempt to set the then fair market rental value of the Property for the Option Period. If they are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to elect a third appraiser meeting the qualifications stated in this paragraph within ten (10) days after the last day the two (2) appraisers are given to set the then fair market rental value of the Property for the Option Period. If they 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 Presiding Judge of the Santa ▇▇▇▇▇ County Superior Court, for the selection of a third appraiser who meets the qualifications stated in this paragraph. 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. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the then fair market rental value of the Property for the Option Period. If a majority of the appraisers are unable to set the then fair market rental value of the Property for the Option Period within the stipulated period of time, the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the then fair market rental value of the Property for the Option Period. If, however, the low appraisal and/or the high appraisal are/is 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 appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the then fair market rental value of the Property for the Option Period. If both the low appraisal and the high appraisal are disregarded as stated in this paragraph, then only the middle appraisal shall be used as the result of the appraisal. After the then fair market rental value of the Property for the Option Period has been set, the appraisers shall immediately notify the parties and the parties shall amend this Lease shall expire on to set forth the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Monthly Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of for the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentPeriod.

Appears in 2 contracts

Sources: Lease (SITIME Corp), Lease (SITIME Corp)

Option to Extend. 29.35.1 Provided (i) Tenant is hereby granted not in default under the terms of this Lease at the time this renewal option is exercised or at the commencement of the Extension Term (as hereinafter defined), (ii) Tenant is occupying at least ninety percent (90%) of the Premises, including any expansion space, and (iii) Landlord has not given more than two (2) notices of default in any twelve (12) month period for nonpayment of monetary obligations, Tenant shall have the option to renew this Lease for an additional period of sixty (60) months ("Extension Term"). The Extension Term shall be on all the terms and conditions of this Lease, except that Landlord shall have no additional obligation for free rent, leasehold improvements or for any other tenant inducements for the Extension Term. Base Rent during the Extension Term shall be equal to the Base Rent set forth in the Basic Lease Information for one hundred twenty-first (1121st) month through the one hundred eightieth (180th) month of the Lease Term and the Security Deposit will be increased to reflect any increase in Base Rent payable under the Lease. There shall be no additional extension terms beyond the Extension Term set forth herein. Tenant must exercise its option to extend the initial this Lease Term by giving Landlord written notice of its election to do so no later than one hundred eighty (the “Option 180) nor earlier than three hundred sixty (360) days prior to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease TermTerm (i.e. the last day of the one hundred twentieth (120th) month). Any notice not given in a timely manner, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenantvoid, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted deemed to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Datewaived its extension rights. The parties to the Lease shall not have the right to have a court or other third party extension option set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and forth herein is personal as to such entity Tenant and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or included in any other entity. Any assignment of this Option to Extend without Lease. A. K.N. ------------------------------------- ---------------------------------------- Landlord’s prior written consent shall be null 's Initials Tenant's Initials CATELLUS (SOUTHSHORE CORPORATE PARK PLAN) EXHIBIT A-1 (SITE PLAN) EXHIBIT A-2 EXHIBIT B WORK LETTER THIS WORK LETTER ("Work Letter") is entered into as of this ____ day of December, 2000, by and void andbetween CATELLUS DEVELOPMENT CORPORATION, at a Delaware corporation ("Landlord’s election"), shall constitute a default under the Lease. Landlord’s consent to and SYNETICS SOLUTIONS INC., an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentOregon corporation ("Tenant").

Appears in 2 contracts

Sources: Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc), Multi Tenant Industrial Triple Net Lease (Brooks Automation Inc)

Option to Extend. 29.35.1 Tenant a. As of the Effective Date, Section 3.2 of the Existing Lease is hereby granted amended to grant Tenant two (2) options (in place of the one (1) option granted in the Existing Lease) to extend the initial applicable Initial Term of the Lease Term as to the Third Floor Portion, Fourth Floor Portion and Original Storage Space and as to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space for two (2) additional periods of five (5) years each. Such options shall collectively be referred to as, the “Extension Options” and individually, as an “Extension Option.” The exercise of any Extension Option shall be governed by the terms and conditions of Section 3.2 of the Existing Lease; provided however that since the lease term for the Third Floor Portion, Fourth Floor Portion and Original Storage Space, on the one hand, and the lease term for the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space (if such Additional Storage Space has been delivered to Extend”Tenant), on the other hand, are not coterminous (a) for a period reference to the Premises in Section 3.2 shall be deemed to refer to either the Third Floor Portion, Fourth Floor Portion and Original Storage Space or to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space, as applicable; (b) the second Extension Option as to the Third Floor Portion, Fourth Floor Portion and Original Storage Space shall automatically terminate if Tenant fails to timely and properly exercise the first Extension Option as to the Third Floor Portion, Fourth Floor Portion and Original Storage Space in accordance with the terms and conditions of three Section 3.2; and (3c) years the second Extension Option as to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space shall automatically terminate if Tenant fails to timely and properly exercise the first Extension Option as to the Seventh Floor Portion, Eighth Floor Portion and Additional Storage Space. b. The first sentence of Section 3.2.1 of the Existing Lease is deleted and replaced in its entirety with the following: If no “Suspension Condition” (as hereinafter defined) exists at the “Option Term”). Upon the proper time of Tenant’s exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right option to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Extended Term, for renewals and, with respect to the option to extend the Fourth Floor Portion, Tenant has timely and properly exercised the option to extend the fourth floor of comparable term and space the Annex set forth in the Building and/or in similar class buildings in Annex Lease for the submarket in which the Premises is located. (c) The parties comparable extended term, Tenant shall have thirty two (302) days after Landlord receives options (each, an “Extension Option”) to extend the Option Exercise Notice in which to agree on fair market Base Rent during the Option Initial Term for additional periods of five (5) years (each, an “Extended Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term”). 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 2 contracts

Sources: Office Lease (Salesforce Com Inc), Office Lease (Salesforce Com Inc)

Option to Extend. 29.35.1 Tenant is hereby granted one (1) shall have the option to extend the initial this Lease Term for two (2) additional five (5) year term(s) (the "Option Terms") upon the same conditions applicable to Extend”) the Primary Term. However, during each Option Term the rent for a period of the first three (3) years shall be four percent (4%) over the rent payable in the year immediately preceding such Option Term”), and the rent for the fourth and fifth years shall be three percent (3%) over the rent payable in the third year of such Option Term. Upon Whenever the proper terms "Lease term" or "term of this Lease" are used in this Lease, they shall refer to the Primary Term and any Option Term for which Tenant has exercised its option to extend. Tenant may exercise any option to extend this Lease by giving notice in writing to Landlord not less than one hundred eighty (180) days before the expiration of the Option to Extend, the Lease Primary Term shall be extended for the or any prior Option Term, as the case may be. Landlord covenants and agrees to give Tenant written notice of the date by which such option must be exercised at least twenty (20) but not more than thirty (30) days prior to when such option needs to be exercised. Tenant shall not have the right be entitled to exercise any option to extend this Lease if Landlord's notice was given as required but Tenant's notice is not given as required herein or if the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under of this Lease pursuant to Section 21 hereof beyond any applicable notice and cure grace period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement Tenant has been ten (10) or more days late in payment of the parties its rent and has not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. cured such late payments within ten (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (3010) days after Landlord receives the Option Exercise Notice in which to agree written notice on fair market Base Rent more than three (3) occasions during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment year of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 2 contracts

Sources: Lease Agreement (Quinton Cardiology Systems Inc), Lease Agreement (Spacelabs Medical Inc)

Option to Extend. 29.35.1 Subject to the terms and conditions set forth below, Tenant is hereby granted one may at its option extend the Term of this Lease for One (1) option to extend the initial Lease Term period of TEN (10) years. Such period is called the “Option to Extend”) for a period of three (3) years (the “Option Renewal Term”). Upon the proper exercise of the Option to Extend, the Lease .” The Renewal Term shall be extended for upon the Option same terms contained in this Lease, except that (i) Landlord shall have no obligation to provide Tenant with any Tenant Improvement Allowance or demolition in connection with the Renewal Term, (ii) the Base Rental during the Renewal Term shall be calculated as set forth below, and (iii) any reference in the Lease to the “Term” of the Lease shall be deemed to include the Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant shall not have no additional extension options. The Base Rent during the right to extend Renewal Term shall be at the initial Lease Term if as then Fair ▇▇▇▇▇▇ Rate (defined hereinafter) for such space for a term commencing of the date of delivery first day of the Option Exercise Notice (as defined below), or as Renewal Term. “Market Rate” shall mean the then prevailing market rate for a comparable term commencing on the first day of the end Renewal Term for tenants of comparable size and creditworthiness for comparable space in the Building and other Office buildings in the Alameda Area. In no event shall the Base Rent payable during the first (1st) year of the initial Lease TermRenewal Term be less than the Base Monthly Rent of January 2025. Base Rent during the Renewal Term shall increase at four percent (4%) per year. To exercise any option, Tenant is in default under this Lease beyond any applicable must deliver a binding written notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) Landlord not more sooner than twelve (12) months and not less nor later than eight six (8) 6) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement expiration of the parties and not by exercise Initial Term of Tenant’s Option to Extendthis Lease. Thereafter, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent the Market Rate for the Option Renewal Term shall be adjusted to fair market Base Rent, as calculated by Landlord and Landlord shall inform Tenant of the commencement of Market Rate. If the Option Term, for renewals of comparable term and space in parties cannot agree on the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have Market Rate within thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If following Landlord’s delivery of a statement of Fair Market Rent, the parties agree on shall each, within ten (10) business days following the Base Rent for the Option Term during expiration of such thirty (30) day period, they shall immediately execute an amendment appoint a real estate broker (with at least 10 years experience in office leasing in Alameda) to this Lease stating determine the new Base RentMarket Rate, and each such broker will deliver its determination within ten (10) additional business days. If the parties are unable lower of the two is within 90% of the higher of the two valuations, then the Market Rent shall be the average of the two. If a party fails to agree on fair market Base Rent for the Option Term within such thirty (30) day periodtimely designate a broker, the Option Exercise Notice broker designated by the other party will determine the Market Rate. If the lower of the two valuations Is less than 90% of the higher valuation, then the two brokers/appraisers originally selected by the parties shall, within five (5) business days, select a third broker/appraiser and shall present their final determinations of Market Rate to the third broker/appraiser, and the third broker/appraiser shall pick one of those two as being the Market Rate. The determination of the third broker/appraiser shall be of no effect and this Lease shall expire binding on the Expiration Dateparties. The parties If Tenant falls to the Lease shall not have the right timely give its notice of exercise, Tenant will be deemed to have a court or other third party set the Base Rent or force an extension of the Lease Termwaived its option to extend. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 2 contracts

Sources: Lease (Penumbra Inc), Lease Agreement (Penumbra Inc)

Option to Extend. 29.35.1 The first three sentences of Section 2.2 of the Original Lease, as amended, are deleted in their entirety and the following is substituted in lieu thereof: “Provided Tenant is hereby granted one not in default under this Lease (1beyond applicable notice and cure periods) option to extend and has not been in default in the initial 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 of the Original Lease) under this Lease Term (the “Option to Extend”) for a period of 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") with respect to the Original Premises only for one additional option period of three years (the “"Option Term") upon the same terms and conditions set forth in the Lease (as amended by this Third Amendment) except that the Base Rent shall be adjusted in accordance with Section 4 of the Summary (as amended by this Third Amendment). Upon the proper To exercise of the its Option to Extend, the Lease Term Tenant must give Landlord notice in writing sent so as to be received at least twelve (12) months but not more than eighteen (18) months prior to November 30, 2009. At Landlord’s election, Tenant's exercise of its Option to Extend shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term void and of no effect if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease (beyond any applicable notice and cure period. periods) or has 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 (abeyond applicable notice and cure periods) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not under this Lease more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, three times in the event that Tenant does not properly exercise prior twelve month period on the date it exercises its Option Option(s) to Extend or if on the expiration of the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the immediately preceding such Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is locatedas applicable. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 2 contracts

Sources: Lease (3com Corp), Lease (3com Corp)

Option to Extend. 29.35.1 Provided that this Lease is then in full force and effect and provided further that Tenant is not then in default under this Lease, Landlord hereby granted one (1) grants to Tenant an option to extend the initial term of this Lease Term for the 3800 Premises on the same terms, conditions and provisions as contained in the Lease or this Amendment, except as otherwise provided herein, for an additional five (5) year period which shall commence upon the day next following the termination date of the 3800 Premises Lease term and shall end on the day preceding the fifth (5th) anniversary of the 3800 Premises Lease term’s expiration date (the “Option to Extend”) for a period of three (3) years (the “Option TermPeriod”). A. Tenant’s option to extend shall be exercisable by written notice of Tenant’s election to extend the Lease Term from Tenant to Landlord received no later than three hundred sixty (360) days prior to the expiration of the Term. Upon If not so exercised, Tenant’s option under this section shall thereupon expire. B. The Base Rent payable during the proper exercise Option Period with respect to the Leased Premises shall be equal to the Market Rental Rate (as hereinafter defined in this Section G hereof (for the five (5) year lease term commencing on or about the date of commencement of the Option to Extend, Period). C. Tenant may only exercise its extension option granted hereunder so long as the Lease Term shall be extended for entire 3800 Premises is then occupied by the Option Term. original Tenant shall hereunder and Tenant has not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under assigned this Lease beyond any applicable notice and cure periodor sublet the Leased Premises. D. Landlord shall within thirty (a30) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice days of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise receiving notice of Tenant’s Option election to Extend, then extend and in response to Tenant’s Option to Extend shall be null and void and written request, advise Tenant in writing of no further force Landlord’s determination of the Market Rental Rate for term commencing on or effect. (b) Base Rent for about the Option Term shall be adjusted to fair market Base Rent, as date of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is locatedPeriod. E. Tenant shall advise Landlord within fifteen (c15) The parties shall have thirty days of notice of Market Rental Rate of its intention to accept such rental rate. F. Within ten (3010) days after Tenant’s acceptance of Landlord’s determination of the Market Rental Rates as set forth in Section D and E hereof, Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they and Tenant shall immediately execute an amendment enter into a written supplement to this Lease stating confirming the new revisions to the rental provisions contained in this Lease as may be necessary to confirm the change in the Base Rent. If In the parties are unable to agree on fair market Base Rent for the Option Term event a written supplement is not executed within such thirty said ten (3010) day periodperiod by Tenant, Tenant’s right to exercise its option to extend shall thereupon expire. G. For purposes of this section, the Option Exercise Notice “Market Rental Rate” shall be mean the then prevailing annual rental rate per square foot of no effect rentable area, as determined in good faith by Landlord, for improved space comparable to the Premises in area and this Lease shall expire on the Expiration Datelocation. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension components of the Lease Term. 29.35.2 The Option Market Rental Rate may include, among the other then prevailing components of rent: a fixed annual rent (such as Base Rent), periodic adjustments or additions to Extend is granted by Landlord to a fixed annual rent based on a share of the Tenant originally named Building real estate taxes and other expenses (such as Additional Rent) in this Lease and to no otherexcess of a certain amount of increases based on an inflation index (such as a CPI Adjustment), and is personal as any concessions for Rent abatement and build-out allowances available to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under new tenants who may lease space within the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentBuilding.

Appears in 2 contracts

Sources: Lease (Paylocity Holding Corp), Lease (Paylocity Holding Corp)

Option to Extend. 29.35.1 Tenant is (a) Lessor hereby granted grants to Lessee one (1) option, at Lessee’s election, either (1) to extend the term of this Lease with respect to the Building #16 Premises only, or (2) to extend the term of this Lease with respect to the Building #13 Premises only, or (3) to extend the term of this Lease of both the Building #16 Premises and the Building #13 Premises (whichever Lessee elects is referred to hereafter as the “Option Premises”), for one period of thirty-six (36) calendar months immediately following the expiration of the initial term of this Lease of the Building #16 Premises and the Building #13 Premises. Lessee may exercise the foregoing option to extend the initial Lease Term (the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice notice of exercise to Lessor at least five (the “Option Exercise Notice”5) months, but not more than twelve (12) months and not less than eight (8) months months, prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement expiration of the parties initial term of this Lease of Building #16 Premises and not by the Building #13 Premises (“the option exercise period”), time being of the essence; provided that if Lessee is currently in a state of uncured default after the expiration of notice and cure periods, if applicable (referred to herein as “in default”), under this Lease at the time of exercise of Tenant’s Option to Extendthe option or on the commencement date of the option extension period, then Tenant’s Option to Extend such notice shall be null and void and of no further force or effect. Subject to Lessee’s election with respect to the Option Premises, said option extension period, if exercised, shall be upon the same terms and conditions with respect to the Option Premises as the initial term of this Lease, including the payment by Lessee of the Operating Expenses pursuant to Paragraph 5, except that (i) the Monthly Base Rent for the Option Premises during the option period shall be determined as set forth in Paragraph 3(c) hereof, (ii) there shall be no additional option to extend, and (iii) Lessee shall accept the Option Premises in their then “as is” condition and Paragraph 13, Tenant Improvement Allowance, shall not apply to the option period. If Lessee does not exercise the option in a timely manner, the option shall lapse, time being of the essence. (b) The option to extend granted to Lessee by this Paragraph 3 is granted for the personal benefit of Pac Bio, Inc. only, and shall be exercisable only by Pac Bio, Inc. or by a “permitted transferee” under Paragraph 18(f) below. Said option may not be assigned or transferred by Pac Bio, Inc. to any assignee or sublessee other than a permitted transferee. (c) The initial Monthly Base Rent for the Option Term Premises during the option extension period shall be adjusted determined pursuant to the provisions of this subparagraph (c) and, subject to subparagraph (e) below, shall equal ninety-five percent (95%) of the then current fair market Base Rentrental for the Option Premises on the commencement date of the option extension period as determined by agreement between Lessor and Lessee reached prior to the expiration of the option exercise period, if possible, and by the process of appraisal if the parties cannot reach agreement. Upon the written request by Lessee to Lessor received by Lessor at any time during the 30 day period prior to the expiration of the option exercise period (e.g., between December 1, 2010 and December 30, 2010 if the expiration date of the term of this Lease is May 31, 2011) 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 ninety-five percent (95%) of the fair market rental value of the Option Premises as of the commencement of the Option Termoption extension period. Thereafter, for renewals upon the request of comparable term Lessee, Lessor and space in Lessee shall enter into good faith negotiations during the Building and/or in similar class buildings in remainder of the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives prior to the Option Exercise Notice expiration of the option exercise period in which an effort to agree reach agreement on fair market Base Rent during ninety-five percent (95%) of the Option Term. If the parties agree on the initial Monthly Base Rent for the Option Term during such thirty Premises. If Lessor and Lessee are unable to agree upon the amount equal to ninety-five percent (3095%) day of the then current fair market rent for the Option Premises as of the commencement date of the option extension period, they and thereafter, prior to the expiration of the option exercise period, Lessee exercises the option to extend, said amount shall immediately execute an amendment be determined by appraisal. The appraisal shall be performed by one appraiser if the parties are able to this Lease stating the new Base Rentagree upon one appraiser. If the parties are unable to agree on upon one appraiser, 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 within fifteen (15) days following its selection of its determination of the amount equal to ninety-five percent (95%) of the fair market Monthly Base Rent for the Option Term Premises on the commencement date of the option extension period. Said appraisal shall be binding on the parties as the appraised current ninety-five percent (95%) of the “fair market rental” for the Option Premises which shall be based upon what a willing new lessee would pay and a willing lessor would accept at arm’s length for comparable premises in the vicinity of the Option Premises of similar age, size, quality of construction and specifications (excluding the value of any improvements to the Option Premises made at Lessee’s cost) for a lease similar 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 of being selected make its determination of the amount equal to ninety-five percent (95%) of the current fair market Monthly Base Rent for the Option Premises as of the commencement date of the option extension period in simple letter form. If two (2) or more of the appraisers agree on said amount, such thirty agreement shall be binding upon the parties. If multiple appraisers are selected and at least two (302) day appraisers are unable to agree on said amount, the amount equal to ninety-five percent (95%) of the fair market Monthly Base Rent for the Option Premises shall be determined by taking the mean average of the appraisals; provided, that any high or low appraisal, differing from the middle appraisal by more than ten percent (10%) 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 term in the manner determined by the appraisers to be consistent with the then prevailing market practice for comparable space in the Menlo Park office/R&D/manufacturing rental market. If only one appraiser is selected, each party shall pay one-half of the fees and expenses of that appraiser. If three appraisers are selected, each party shall bear the fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser. (d) Thereafter, provided that Lessee has previously given timely notice to Lessor of the exercise by Lessee of the option to extend the term of the Option Premises, Lessor and Lessee shall execute an amendment to this Lease stating that the initial Monthly Base Rent for the Option Premises during the option extension period shall be equal to ninety-five percent (95%) of the current fair market Monthly Base Rent for the Option Premises as of the commencement date of the option extension period, and adjusted thereafter if applicable, as agreed upon by Lessor and Lessee, or if the parties did not agree, as determined by the foregoing appraisal process. (e) Notwithstanding anything to the contrary contained in subparagraph (c) above, in no event shall the Monthly Base Rent at the commencement of the option extension period be less than the Monthly Base Rent for the Option Exercise Notice shall be of no Premises in effect and this Lease shall expire on the Expiration Date. The parties immediately prior to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension commencement of the Lease Termoption extension period. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named (f) As used in this Lease and to no other, and is personal as to such entity and shall not be exercised “term” or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment “term of this Option to Extend without Landlord’s prior written consent Lease” shall be null include the initial term and void andthe option extension period, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentif exercised.

Appears in 2 contracts

Sources: Lease Agreement, Lease (Pacific Biosciences of California Inc)

Option to Extend. 29.35.1 A. Landlord grants to Tenant is hereby granted one (1) the option to extend the initial term of this Lease Term for two 3-year periods commencing when the prior term expires upon each and all of the following terms and conditions: (i) Tenant gives to Landlord and Landlord receives notice of the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right option to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more for said additional term no later than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to time that the contrary, in the event that Tenant does not properly exercise its Option to Extend or option period would commence if the Lease Term is hereafter extended by agreement option were exercised, time being of the parties and not by essence. If said notification of the exercise of Tenant’s Option to Extendsaid option is not so given and received, then Tenant’s Option to Extend this option shall be null and void and of no further force or effect.automatically expire; (bii) Base Rent for At the Option Term time said written notification of exercise of option is given and received, Tenant shall not be adjusted in default under any of the material obligations of this Lease to fair market Base Rent, as of be performed by Tenant and this Lease shall not have previously terminated nor terminated prior to the commencement of the Option Term, option term; (iii) All of the terms and conditions of this Lease except where specifically modified by this option shall apply; (iv) The monthly rent for renewals each month of comparable term and space 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 exceed four percent (4%) in each subsequent year of the first option period. The rent in the Building and/or in similar class buildings first year of the second option period shall be the rent in the submarket 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 which 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 Tenant cannot agree on the Fair Market Rental Value of the Premises is located. for the extension periods within forty-five (c45) 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 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 shall have within thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Termtheir selection. If the difference between the two determinations is ten percent (10%) or less of the higher appraisal, then the average between the two determinations shall be the Fair Market Rental Value of the Premises. If said difference is greater than ten percent (10%), then the two appraisers shall within twenty (20) days of the date that the later submittal is submitted to the parties agree on designate a third appraiser who must also be a qualified M.A.I. appraiser. The sole responsibility of the Base Rent for third appraiser will be to determine which of the Option Term during such 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 determinations made by the first two appraisers. The third appraiser's choice shall be submitted to the parties within thirty (30) day period, they days after his or her selection. Such determination shall immediately execute an amendment to this Lease stating the new Base Rent. If bind both of the parties are unable to agree on fair market Base Rent 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 Option Term within such thirty (30) day period, fees and expenses of the Option Exercise Notice shall be third appraiser. Fair Market Rental Value for purpose of no effect and this Lease shall expire on mean the Expiration Date. The parties then prevailing rent for premises comparable in size, quality, and orientation to the Lease shall not have demised Premises, located in buildings comparable in size to, and in the right to have a court or other third party set general vicinity of, the Base Rent or force an extension of building which the Lease Term. 29.35.2 The Option to Extend is granted by Landlord demised Premises are located, leased on terms comparable to the Tenant originally named terms contained in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 2 contracts

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

Option to Extend. 29.35.1 (a) Tenant is hereby granted one shall have two (12) option consecutive options to extend the initial Term of this Lease Term (with respect to all of the “Option to Extend”) Premises for a period of three five (35) years each commencing on the Term Expiration Date (the “Option Term”)"Extension Period") subject to the conditions contained in this Section. Upon the proper exercise of the The options to extend are sometimes referred to collectively herein as an "Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period." (ai) The Option to Extend shall be exercised by Tenantexercised, if at all, by giving written Notice notice of exercise (the “Option Exercise Notice”) given to Landlord by Tenant not more than eighteen (18) months nor less than twelve (12) months and not less than eight prior to the expiration date of the Term Expiration Date. In the event that Tenant fails to deliver such exercise notice to Landlord on or before the date that is exactly twelve (8) 12) months prior to the Term Expiration Date. Notwithstanding anything herein to , the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (bii) Base Rent for Anything herein to the contrary notwithstanding, if an Event of Default has occurred with respect to Tenant which remains uncured following the expiration of any applicable notice and cure period, either at the time Tenant exercises the Option Term shall be adjusted to fair market Base Rent, as Extend or on the commencement date of the commencement Extension Period, then Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have to Extend upon thirty (30) days after Landlord receives written notice to Tenant (with Tenant having failed to cure the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term default during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term). 29.35.2 The Option to Extend is granted by Landlord to (b) In the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless event the Option to Extend is expressly included exercised in Landlord’s consenta timely fashion, this Lease shall be extended for an additional five (5) years upon all of the terms and conditions of this Lease; provided, that, the Base Expense Year and Base Tax Year shall be adjusted to the calendar year in which each Option to Extend is effective (however, if the Option to Extend is effective during the last three (3) months of a calendar year, the Base Expense Year and Base Tax Year shall be the next calendar year); and provided further that, the Base Monthly Rent and additional rent for such Extension Period shall be adjusted to equal ninety-seven percent (97%) of the "Fair Market Rent" for each floor of the Premises and provided further that there shall be no tenant improvement allowance and, upon the exercise of the second Option to Extend, no further option to extend the Lease Term. For purposes hereof, "Fair Market Rent" shall mean the prevailing gross rental rate per annum per square foot as of the date six (6) months prior to the commencement of the Extension Period, including, without limitation, base rent, additional rent and all other monetary payments (including base rent increases and step-ups) agreed to be paid by new tenants generally for similar space in a condition (including the state of build out) and location (within the Building and any comparison buildings) comparable to each floor of the Premises in comparable buildings for five (5) year terms, pursuant to new leases entered into by such other tenants, and considering any rental abatement and any other similar concessions granted in connection with new leases for such comparable space (including tenant improvement allowances and other similar items but excluding the payment of any leasing commissions in comparable transactions).

Appears in 2 contracts

Sources: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)

Option to Extend. 29.35.1 Tenant The addendum to the Lease captioned “Option to Extend Addendum” is hereby granted one (1) option deleted in its entirety. Landlord hereby grants to Tenant the options to extend the initial term of this Lease Term for the periods (the “Option to ExtendPeriods”) for a period of three (31) years from December 1, 2010 to November 30, 2015, and (2) from December 1, 2015 to November 30, 2020, under the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice following terms and cure periodconditions. (a) The Option In order to Extend shall be exercised exercise an option to extend, Tenant must give written notice of such election to Landlord and Landlord must receive the same by Tenant, if at all, by giving written Notice of exercise no later than twenty four (the “Option Exercise Notice”24) not more than twelve (12) months and not less than eight (8) months prior to the Expiration date (the “Last Exercise Date. Notwithstanding anything herein ”) that the applicable Option Period would commence, but not earlier than thirty (30) months prior to the contrarydate that the applicable Option Period would commence. If proper notification of the exercise of an option is not given and/or received, in such option shall automatically expire. The renewal options may only be exercised consecutively. Failure to exercise an option terminates that option and all subsequent options. Tenant acknowledges that because of the event that importance to Landlord of knowing no later than the Last Exercise Date whether or not Tenant does will exercise the option, the failure of Tenant to notify Landlord by the Last Exercise Date will conclusively be presumed an election by Tenant not properly to exercise its Option the option. Upon the exercise of an option to Extend or if extend, both parties shall execute an amendment to the Lease Term is hereafter extended by agreement of evidencing the parties renewal thereof and not by exercise of Tenant’s setting forth the new Base Rent (as determined pursuant to Section 8(c) below) no later than eighteen (18) months prior to the date that the applicable Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effectPeriod would commence. (b) Base Rent for Tenant shall have no right to exercise an option (i) if Tenant is in Default. or (ii) if during the Option Term shall be adjusted to fair market Base Rent, as twelve (12) month period immediately preceding the exercise of the commencement option, three (3) or more Defaults have occurred which were not cured within any applicable notice or grace period. The period of time within which an option may be exercised shall not be extended or enlarged by reason of Tenant’s inability to exercise an option because of the Option Term, for renewals provisions of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is locatedthis paragraph. (c) The parties If an option to extend is exercised, all of the terms and conditions of this Lease shall have apply, except that (i) Landlord shall not be required to grant any allowance or perform any tenant improvement work in the Premises, and (ii) for each Option Period, Base Rent shall be adjusted to equal fair market rent. After an option to renew is exercised, Landlord and Tenant shall negotiate in good faith to determine the Base Rent for the applicable Option Period. If agreement cannot be reached within thirty (30) days, then Landlord and Tenant shall each, no later than sixty (60) days after the date of exercise of the option, make a reasonable determination of the fair market rental for the Premises for the applicable Option Period and submit such determination, in writing, to arbitration in accordance with the following provisions: (i) No later than ninety (90) days after the option to renew is exercised, Landlord receives and Tenant shall each select an industrial leasing broker to act as an arbitrator. The two arbitrators so appointed shall, no later then one hundred twenty (120) days after the option to renew is exercised, select a third mutually acceptable industrial leasing broker to act as a third arbitrator. (ii) The three arbitrators, acting by a majority, shall no later then one hundred fifty (150) days after the option to renew is exercised, determine the actual fair market rental for the Premises for the Option Exercise Notice in which to agree Period. The decision of a majority of the arbitrators shall be binding on the parties. The fair market Base Rent during rental determination of Landlord or Tenant which is closest to the Option Term. If fair market rental as determined by the parties agree on arbitrators shall be the Base Rent for the Option Term during such thirty Period. (30iii) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If either of the parties are unable fails to agree on fair market appoint an arbitrator within the period required by this Addendum, the arbitrator timely appointed shall determine the Base Rent for the Option Term within Period. (iv) The entire cost of such thirty (30) day period, the Option Exercise Notice arbitration shall be of no effect paid by the party whose fair market rental submission is not selected. (d) The renewal options set forth herein are personal to Tenant, cannot be assigned or exercised by anyone other than Tenant and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension only while Tenant is in full possession of the Lease TermPremises and without the intention of thereafter assigning or subletting. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Neos Therapeutics, Inc.), Commercial Lease Agreement (Neos Therapeutics, Inc.)

Option to Extend. 29.35.1 Provided Tenant is hereby granted one not in default under this Lease (1beyond 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 same terms and conditions herein set forth except that the Base Rent shall be adjusted in accordance with SECTION 4 of the Summary. To exercise its Option to Extend, Tenant must give Landlord notice in writing sent so as to be received at least twelve (12) months but not more than eighteen (18) months prior to the expiration of the initial Lease Term (or the “Option to Extend”) for a period of three (3) years (the “then current Option Term”), as applicable. Upon the proper At Landlord's election, Tenant's exercise of the Option to Extend, the Lease Term its Option(s) shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term void and of no effect if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease (beyond any applicable notice and cure period. periods) or has been in default of any monetary obligation (abeyond applicable notice and cure periods) The Option under this Lease more than three times in the prior twelve month period on the date it exercises its Option(s) to Extend shall be exercised by Tenantor on the expiration of the Lease Term or Option Term immediately preceding such Option Term, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Dateas applicable. Notwithstanding anything herein to the contrary, in the no event that shall Tenant does not properly be allowed to exercise its an Option to Extend if Tenant has assigned the Lease to a Transferee other than pursuant to SECTION 14.7, below, or if the Lease Term is hereafter extended by agreement Tenant and/or its Affiliates are not in possession of at least forty-five percent (45%) of the parties and not by exercise Premises (free of Tenant’s Option any subleases, other than subleases pursuant to ExtendSECTION 14.7, then Tenant’s Option to Extend shall be null and void and of no further force or effectbelow). (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

Sources: Office Lease (3com Corp)

Option to Extend. 29.35.1 34.1 Tenant is hereby granted one (1) shall have the option to extend the initial Lease Term (the “Option to Extend”) for a an additional period of three (3) years (60 months, on the “Option same terms and conditions as provided in this Lease, except that, for the extended term: 34.1.1 Upon exercise of this option to extend the Lease Term”). Upon , this Lease, as extended, shall not contain any further option to extend as provided in this article; 34.1.2 The Base Rent shall be determined as set forth below, but in no event shall it be less than the proper Base Rent payable for the 12-month period immediately preceding the current expiration date of the Lease Term; and 34.1.3 Landlord shall have no obligation to perform any alterations or tenant improvements or other work in the Premises and Tenant shall continue possession of the Premises in its "as-is," "where-is," and "with all faults" condition. 34.2 The exercise of the Option option set forth in this article shall only be effective on, and in strict compliance with, the following terms and conditions: 34.2.1 Notice of Tenant's exercise of the option (the "Extension Notice") shall be given by Tenant to Extend, Landlord no earlier than 15 months and no later than 9 months before the current expiration date of the Lease Term. TIME SHALL BE OF THE ESSENCE AS TO THE EXERCISE OF ANY ELECTION BY TENANT UNDER THIS ARTICLE. 34.2.2 At the time of Tenant giving Landlord notice of its election to extend the Lease Term and on the expiration of the current Lease Term, this Lease shall be extended for the Option Term. in full force and effect and Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is be in default under any of the terms, covenants, and conditions of this Lease beyond any applicable notice and cure grace period. (a) 34.2.3 The Option rights granted to Extend Tenant under this article are personal to the original named Tenant in this Lease and may not be assigned or exercised by anyone other than such Tenant and only while such Tenant is in possession of the entire Premises. 34.2.4 Tenant shall increase the Security Deposit to an amount equal to two months' installments of Base Rent at the rate payable for the extended Lease Term, with the increased Security Deposit to be paid within 15 days of the determination of the Base Rent for the extended Lease Term as provided in this article. 34.3 The Base Rent shall be exercised by a sum equal to the fair market renewal rental value of the Premises for the extended Lease Term, based on and taking into account the rentals at which extensions or renewals of leases are being concluded for comparable space in the Project and in comparable Class "A" buildings in the Fort Lauderdale, Florida area at that time and for such a term and taking into account the terms and conditions of this Lease and anticipated inflation during the extended Lease Term (the "Fair Market Rental Value" or the "Value"). 34.4 Within 30 days after receipt of the Extension Notice, Landlord shall advise Tenant of the applicable Fair Market Rental Value for the extended Lease Term. If Tenant disagrees with Landlord's determination of Fair Market Rental Value, Tenant shall provide written notice to Landlord of its objection, within 30 days of Landlord's notice to Tenant, if at allincluding Tenant's statement of what it believes the Fair Market Rental Value should be. If Tenant has not timely provided an objection notice, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months then Landlord and not less than eight (8) months prior Tenant shall enter into an amendment to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if this Lease extending the Lease Term is hereafter extended by agreement on the terms and conditions of this article. 34.5 If Tenant delivers a timely objection notice, then upon Landlord's receipt of the notice, Landlord and Tenant shall, for a period of 30 days, negotiate in good faith to agree on the Fair Market Rental Value. Upon agreement, Landlord and Tenant shall enter into an amendment to this Lease extending the Lease Term on the terms and conditions of this article. If the parties cannot agree on the Fair Market Rental Value within such 30-day period, then Landlord and not by exercise Tenant shall meet with each other within 35 days after Landlord's receipt of Tenant’s Option 's objection notice and shall exchange in sealed envelopes their final proposal as to Extendthe Fair Market Rental Value (collectively, the "Estimates") and open such envelopes in each other's presence. If the higher of the Estimates is no more than 105% of the lower Estimate, then the Fair Market Rental Value will be the average of the Estimates. If the higher of the Estimates is more than 105% of the lower Estimate, and if Landlord and Tenant do not mutually agree upon the Fair Market Rental Value within five Business Days after the exchange and opening of the envelopes, then the Fair Market Rental Value shall be determined by arbitration in accordance with the expedited procedures of the Commercial Arbitration Rules of the American Arbitration Association then in force, with the following exceptions: There shall be a single arbitrator selected by the American Arbitration Association. The arbitrator shall be a commercial real estate broker having at least 15 years of experience in the office market area in which the Building is located and having a professional designation of CCIM or SIOR, or both designations. The scope of the arbitrator's inquiry and determination shall be limited to whether the Landlord's or the Tenant’s Option 's Estimate most closely reflects the Fair Market Rental Value and the arbitrator may not select any Value other than the Landlord's Estimate or the Tenant's Estimate. The determination by the arbitrator shall be rendered in writing to Extend both Landlord and Tenant and shall be final and binding on them. The parties shall share equally in the cost of the arbitrator. Any fees of any counsel or experts engaged directly by Landlord or Tenant, however, shall be borne by the party retaining the counsel or expert. 34.6 All options to extend the Lease Term as set forth in this article shall be null and void if Landlord and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to Tenant enter into any agreement extending the Lease shall not have the right to have a court or other third party Term on terms different than those set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named forth in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentsection.

Appears in 1 contract

Sources: Office Lease (Riot Blockchain, Inc.)

Option to Extend. 29.35.1 41.01 Tenant is hereby granted one (1) option (the "Option") to extend the initial Lease Term (the “Option to Extend”) for a period an additional term of three (3) years (the “Option Term”"Extension"). Upon the proper exercise , beginning on October 1, 1999, and expiring on September 30, 2002, (unless terminated sooner pursuant to any other terms or provisions of the Option 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, extend the Lease Term shall after the expiration of the Extension). The Option may be extended for 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 Section 1.06 above. If Tenant fails to timely deliver such written notice, or if this Lease is terminated pursuant to any other terms or provision of this Lease prior to the expiration of the original Lease Term, the Option Term. shall lapse, and Tenant shall not have the no right to extend the initial Lease Term if as of Term. The Option shall be exercisable by Tenant on the date express conditions that (i) at the time of delivery of Tenant's notice of its election to exercise the Option Exercise Notice (as defined below)Option, or as and at all times prior to the commencement of the end of the initial Lease TermExtension, Tenant is shall not be in default under this Lease, (ii) Tenant has not previously been in default (whether or not any such default has been timely cured) under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not on more than twelve three (123) months occasions during the Lease Term, and (iii) Tenant has not less than eight (8) months prior assigned this Lease nor sublet all or any part of the Premises, it being understood that the Option is personal to the Expiration Dateoriginal named Tenant under this Lease. Notwithstanding anything herein to the contrary, in In the event that Tenant does not properly exercise its of any such assignment or sublease, the Option to Extend or if the Lease Term is hereafter extended by agreement of the parties shall lapse and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the 41.02 The rental during this Option Term period shall be adjusted to fair market Base Rentby an increase in the Consumer Price Index, hereafter called CPI, over the preceding three year period. The CPI shall mean the average for "all items" shown on the U.S. City Average for Urban Wage Earners and Clerical Workers (including Single Workers), all items, groups, sub-groups and special groups of items as promulgated by the Bureau of Labor Statistics of the commencement U.S. Department of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is locatedLabor. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

Sources: Standard Industrial Lease (Net Net Net) (Rexall Sundown Inc)

Option to Extend. 29.35.1 Tenant All references to the “Extended Term” in Paragraph 3 of the Lease shall be deemed references to the Second Extended Term (as hereinafter defined) and Paragraph 3(a) of the Lease is hereby granted deleted in its entirety and replaced with the following language: (a) Lessor hereby grants to Lessee one (1) option to extend the initial Term of this Lease Term (the “Option to Extend”) for a period of three ten (310) years (the “Option Second Extended Term”)) immediately following the expiration of the Extended Term. Upon the proper Lessee may exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice notice of exercise to Lessor at least nine (the “Option Exercise Notice”9) not months but no more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to expiration of the contraryExtended Term of this Lease (the “Option Exercise Period”), time being of the essence; provided that if (i) at any time between the date of delivery of the exercise notice by ▇▇▇▇▇▇ and the end of the Extended Term there is an uncured Default continuing beyond any applicable notice and cure periods, or (ii) Lessee is then occupying and conducting operations for the Use permitted in the event that Tenant does not properly exercise its Option to Extend or if Paragraph 9 of the Lease Term is hereafter extended by agreement in less than fifty-one percent (51%) of the parties and not by exercise of Tenant’s Option to ExtendPremises, then Tenant’s Option to Extend such notice shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option . The Second Extended Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless if the Option to Extend is expressly included exercised, shall be upon the same terms and conditions as the Extended Term of this Lease, including the payment by Lessee of the Additional Rent pursuant to Paragraph 6 of the Lease, except that (A) Lessee shall pay Monthly Base Rent, as determined as set forth in Landlord’s consentParagraph 3 of this Lease, during the Second Extended Term, (B) there shall be no additional option to extend, and (C) Lessee shall accept the Premises in their then “as is” condition and Lessor shall have no obligation to provide a tenant improvement allowance. If Lessee does not exercise the Option to Extend in a timely manner the Option to Extend shall lapse, time being of the essence.

Appears in 1 contract

Sources: Lease (Pacific Biosciences of California, Inc.)

Option to Extend. 29.35.1 15.1 So long as Switch and Data CA Nine LLC, a Delaware limited liability company, is the Tenant is hereby granted hereunder and occupies the entirety of the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant shall have one (1) option to extend the term of this Lease with respect to the entirety of the Leased Premises, for a period of ten (10) years from the expiration of the 240th month of the initial Lease Term (the “Option to Extend”) for a period of three (3) years (the “Option TermExtension Period”). Upon , subject to the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period.following conditions: (a) The Option Such option to Extend extend shall be exercised by Tenantexercised, if at all, by giving written Notice notice of exercise (the “Option Exercise Notice”) given to Landlord by Tenant not more than twelve (12) months and not 360 days nor less than eight (8) months 270 days prior to the Expiration Date. Notwithstanding anything herein to expiration of the contrary, in the event that Tenant does not properly exercise its Option to Extend or if 240th month of the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect.Term; (b) 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 extension 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 such option to extend upon notice to Tenant. 15.2 In the event the option is exercised in a timely fashion, the Lease shall be extended for the term of the Extension Period upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for the Option Term Extension Period shall be adjusted the “Fair Market Rent” for the Leased Premises, increased as set forth below. For purposes hereof, “Fair Market Rent” shall mean 95% of the Base Monthly Rent determined pursuant to fair market the process described below. In no event, however, shall any adjustment of Base RentMonthly Rent pursuant to this paragraph result in a decrease of the Base Monthly Rent for the Leased Premises below the amount due from Tenant for the preceding portion of the initial Lease Term for which Base Monthly Rent had been fixed. At the end of the first 12 month period of the Extension Period, as of Base Monthly Rent shall be increased to reflect the change in the Consumer Price Index for the San Francisco Metropolitan Area, All Items (the “CPI”), for the 12-month period ending 11 months after the commencement of the Option TermExtension Period, but in no event shall Base Monthly Rent be increased less than 3% per annum compounded annually nor more than 6% per annum compounded annually for renewals such 12 month period. Base Monthly Rent shall be so adjusted at the end of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent each subsequent 12-month period during the Option TermExtension Period. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they No leasing commissions shall immediately execute an amendment be due or payable to any broker retained by Tenant with regard to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease TermExtension Period. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

Sources: Lease Agreement (Switch & Data, Inc.)

Option to Extend. 29.35.1 Tenant is hereby granted one (1) an option to extend the initial Term for two (2) additional periods of five (5) consecutive Lease Term Years (the “Option to Extend”) for a period of three (3) years (the “Option Term”each, an "Extension Period"). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for first Extension Period commencing immediately after the Option Term. Tenant shall not have Termination Date originally set forth herein, and the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of second Extension Period commencing at the end of the initial first Extension Period (but only if the option for the first Extension Period was exercised), on the same terms and conditions in effect under the Lease Termimmediately prior to the start of such Extension Period other than Base Rent, except that after the exercise of the first option to extend, Tenant is in default under this Lease beyond any applicable notice shall have one further option to extend and cure period. (a) The Option thereafter Tenant shall have no further right to Extend extend. Base Rent during an Extension Period shall be the Fair Market Rental Rate, as defined below, for each Lease Year during the Extension Period. The option to extend may be exercised by Tenant, if at all, only by giving Landlord irrevocable and unconditional written Notice of exercise notice thereof no earlier than eighteen (the “Option Exercise Notice”18) not more months and no later than twelve (12) months and not less than eight (8) months prior to the Expiration then Termination Date. Notwithstanding anything herein to the contrarySaid exercise shall, at Landlord's election, be null and void if Tenant is in the event that Tenant does not properly exercise its Option to Extend or if Default beyond applicable periods of notice and grace under the Lease Term is hereafter extended by agreement at the date of said notice or at any time thereafter and prior to commencement of the parties Extension Period with respect to which the option to extend was exercised. Furthermore, if Tenant is in Default at any such time, but not beyond applicable periods of notice and grace, and subsequently the applicable period of notice and grace expires without cure, said exercise shall, at Landlord's election, be null and void as if Tenant had not by exercised. If Tenant shall fail timely to exercise of Tenant’s Option an option herein provided, said option shall terminate, and if Tenant fails timely to Extendexercise the first option to extend, then Tenant’s Option the second option to Extend extend shall also terminate and a terminated option shall be null and void and of no further force or and effect. (b) Base Rent for the Option Term . Tenant's exercise of an option shall be adjusted not operate to fair market Base Rent, as cure any default by Tenant of any of the commencement of the Option Term, for renewals of comparable term and space terms or provisions in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Lease, nor to extinguish or impair any rights or remedies of Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Termarising by virtue of such default. If the parties agree on Lease or Tenant's right to possession of the Base Rent for Premises shall terminate in any manner whatsoever before Tenant shall exercise the Option Term during option herein provided, then immediately upon such thirty (30) day periodtermination, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day periodsublease or assignment, the Option Exercise Notice option herein granted to extend the Term, shall be of no effect simultaneously terminate and this Lease shall expire on become null and void; provided, however, without limiting the Expiration Date. The parties foregoing, an assignment to the Lease an assignee which has been consented to by Landlord shall not have the constitute a termination of Tenant's right to have a court or other third party set the Base Rent or force an extension possession of the Lease Term. 29.35.2 The Option to Extend Premises. Time is granted by Landlord to of the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment essence of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentprovision.

Appears in 1 contract

Sources: Office Lease (Management Network Group Inc)

Option to Extend. 29.35.1 Subject to the terms and conditions set forth hereafter, Tenant is hereby granted one (1) the one-time option to extend the initial Lease Term (the “Option to Extend”) the initial term of the Lease for a one (1) additional period of three (3) years (beginning immediately following the initial Lease term and ending on December 31, 2014 upon the following terms: A. Tenant shall notify Landlord in writing of the exercise of the Option to Extend to Landlord not less 12 months prior to the expiration of the original Lease term. The extended term of this Lease shall commence on January 1, 2012 and shall expire on December 31, 2014. B. The Basic Rent will be adjusted to equal the “Option Term”). Upon the proper Fair Market Rental Rate,” (defined below) as mutually agreed upon by Landlord and Tenant within sixty (60) days after Tenants exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base the Basic Rent for the Option Term within such thirty sixty (3060) day period, the Fair Market Rental Rate shall be determined by the appraisal process set forth in paragraph E. below. C. The Additional Rent described in paragraph 4D of the Lease shall continue to be paid and adjusted according to paragraph 4D of this Lease. D. The Option Exercise to Extend can be exercised only by Tenant or a Permitted Transferee for its sole use of the Premises and may not be exercised by any other assignee of the Lease or sublessee of the Premises or a part thereof. E. If Tenant is in default on the date of giving the Option Notice, and Tenant does not cure such default as provided for in Paragraph 22 of the Lease, the Option Notice shall be void and of no effect effect. If Tenant is in default on the date the Option Term is to commence, and Tenant does not cure such default as provided for in Paragraph 22 of the Lease, then, at the sole election of Landlord, such term shall not commence and this Lease shall expire at the end of the initial term. F. If Landlord and Tenant do not mutually agree as to the Fair Market Rental Rate within sixty (60) days, then the Fair Market Rental Rate will be determined according to the following procedure: (1) Each party will within ten (10) days following the expiration of the initial sixty (60) day period appoint a real estate appraiser or broker having no less than five (5) years’ experience in the commercial leasing market in Palo Alto, California, to determine the Fair Market Rental Rate. If one party fails to so designate an appraiser within the time required, the determination of Fair Market Rental Rate of the appraiser who has been timely designated by the other party will be binding on both parties. (2) The appraisers will submit their determinations of Fair Market Rental Rate to both parties within thirty (30) days after their selection. (3) If the Expiration Datedeterminations of the two appraisers or brokers are within five (5) percent of each other, then their determinations shall be averaged to determine the Fair Market Rental Rate and no further determination will be required; if the determinations differ by more than five (5) percent, then subsection 4 below shall apply. (4) Within ten (10) days of the date the second appraiser’s determination is submitted to the parties, the two appraisers will designate as third appraiser a real estate attorney or broker having no less than ten (10) years’ experience in the retail leasing market in Palo Alto, California. The parties sole responsibility of the third appraiser will be to determine which of the determinations made by the first two appraisers is most accurate. The third appraiser has no right to propose a middle ground or any modification of either of the determinations made by the first two appraisers. The third appraiser’s choice will be submitted to the Lease shall not have the right to have a court parties within twenty (20) days after his or other third party set the Base Rent or force an extension her selection. Such determination will bind both of the Lease parties and will establish the Fair Market Rental Rate. (5) If the Fair Market Rental Rate has not been determined prior to the commencement of the Extended Term, Tenant will continue to pay the then prevailing Basic Rent and at such time as the Fair Market Rental Rate is determined, Tenant will pay any additional amount or Landlord will refund any overpayment retroactive to the commencement of the Extended Term. 29.35.2 The Option to Extend is granted (6) Each party will pay the fees and expenses of the appraiser selected by Landlord to the Tenant originally named in this Lease and to no otherit, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment one-half (1/2) of the Lease shall not also constitute consent to assignment fees and expenses of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentthird appraiser if applicable.

Appears in 1 contract

Sources: Lease Agreement (Danger Inc)

Option to Extend. 29.35.1 Landlord hereby grants to Tenant is hereby granted one option (the "Seventh Amendment Extension Option") to extend either or both the 34th Floor Lease Term for the 34th Floor Expansion Space and/or the 35th Floor Lease Term for the 35th Floor Expansion Space for one (1) option to extend the initial Lease Term additional period of one (1) year (the “Option to Extend”) for a period of three (3) years (the “"Seventh Amendment Option Term"). Upon , on the proper exercise same terms, covenants and conditions as provided for in the Amended Lease, except for monthly installments of the Option to ExtendBase Rent, the Lease Term which shall be extended $56,729.02 per month for the Option Term. Tenant shall not have 34th Floor Expansion Space, $56,729.02 per month for the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below)35th Floor Expansion Space, or $113,458.04 per month in the aggregate for both the 34th Floor Expansion Space and the 35th Floor Expansion Space, as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) applicable. The Seventh Amendment Extension Option to Extend shall must be exercised by Tenantexercised, if at all, by giving written Notice of exercise notice (the “Option Exercise "Extension Notice") not more than twelve (12) months and not less than eight (8) months prior delivered by Tenant to the Expiration Date. Notwithstanding anything herein to the contraryLandlord, in the event specifying that Tenant does is exercising the Seventh Amendment as to just the 34th Floor Expansion Space, just the 35th Floor Expansion Space, or both the 34th Floor Expansion Space and the 35th Floor Expansion Space, no later than December 31, 2015. The Extension Option shall, at Landlord's sole option, not be deemed to be properly exercise its exercised if, at the time the Extension Option to Extend is exercised or on the scheduled commencement date for the Seventh Amendment Option Term, Tenant has (a) committed an uncured event of default whose cure period has expired (or if Tenant would be in default but for the Lease Term is hereafter extended by agreement passage of time, the parties and not by exercise giving of Tenant’s Option to Extendnotice or both), then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for assigned all or any portion of the Option Term shall be adjusted Amended Lease as to fair market Base Rentthe 34th Floor Expansion Space or the 35th Floor Expansion Space, as of the commencement of the Option Termapplicable, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. or its interest therein, or (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court sublet all or other third party set the Base Rent or force an extension any portion of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to 34th Floor Expansion Space or the Tenant originally named 35th Floor Expansion Space, as applicable; provided, however, that (b) and (c) in this Lease and to no other, and is personal as to such entity and preceding sentence shall not be applicable to any assignment or subletting of all or a portion of the 34th Floor Expansion Space or the 35th Floor Expansion Space, as applicable, to an Affiliate as set forth in Section 14.5 of the Original Lease. Provided Tenant has properly and timely exercised or assignedthe Seventh Amendment Extension Option, voluntarily or involuntarilythe 34th Floor Lease Term and/or the 35th Floor Lease Term, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent as applicable, shall be null extended by the Seventh Amendment Option Term , and void andall terms, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment covenants and conditions of the Amended Lease shall not also constitute consent to assignment remain unmodified and in full force and effect, except that the monthly installments of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentBase Rent shall be as set forth above.

Appears in 1 contract

Sources: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Option to Extend. 29.35.1 Tenant is As additional consideration for the covenants of Lessee hereunder, Lessor hereby granted one grants unto Lessee for two (12) option to extend the initial Lease Term additional terms of five (the “Option to Extend”) for a period of three (35) years (the “Option TermTerm(s)”). Upon The Option shall apply only to the proper exercise original space leased hereunder and shall be on the following terms and conditions: A. Written notice of Lessee’s interest in exercising the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right given to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more lessor no earlier than twelve (12) months and not less no later than eight six (8) 6) months prior to the Expiration Dateexpiration of the Original Term or First Option Term, as applicable (“Lessee’s Notice”). Notwithstanding anything herein 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 contraryLease setting forth the terms of the extension. C. Unless Lessor is timely notified by Lessee in accordance with subparagraphs A and B above, in the event it shall be conclusively deemed that Tenant lessee does not properly 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 to Extend or if shall be conditioned on: (i) lessee not being in default under the Lease Term is hereafter extended by agreement at the time of exercise of the parties and not by exercise Option or at the time of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and the commencement of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, 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, for renewals Term or having vacated more than twenty-five percent (25%) of comparable term the Premises. E. The Option granted hereunder shall be upon the terms and space conditions contained in the Building and/or in similar class buildings in Lease except that the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which rental to agree on fair market Base Rent be paid by lessee to Lessor during the Option Term shall be 95% of the rate which Lessor would quote to third parties for the Premises, if it were to become available for leasing, for a lease term scheduled to commence at the time of commencement of the Option Term, but in no event shall the rental rate be less than the rent which Lessee is paying immediately prior to the commencement of the respective Option Term, 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 parties agree on date lessor notifies Lessee of the Base Rent, objects to the Base Rent for determined by Lessor and elects to submit the Option Term during such thirty rate determination to appraisal, then, within seven (307) days of the later of the date of lessee’s objection or the expiration of the five (5) day period, each party shall appoint a real estate office broker that has at least five (5) years’ full-time commercial office experience to determine the Market Base Rent, such process to be completed within twenty (20) days after the date of the appointment of the last broker. If a party does not appoint a qualified broker within five (5) days after the other party has given notice of the name of the broker, then the single broker shall be the sole broker and shall set the Market Base Rent. The brokers appointed by the parties shall meet promptly and attempt to set the Market Base Rent. If they are unable to agree on the Market Base Rent within twenty (20) days after the date the second broker has been appointed, they shall immediately execute an amendment elect a third broker meeting the qualifications stated in this paragraph within seven (7) days after the last day the two (2) brokers are to this Lease stating set the new Market Base Rent. If the parties brokers are unable to agree on fair the third broker, either of the parties to this Lease, after giving five (5) days’ prior written notice to the other party, may apply to the then president of the real estate board of Denver, Colorado for the selection of a third broker who meets the qualifications stated in this Article, 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 broker and of paying the third broker’s fee. The third broker, 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 twenty (20) days after the selection of the third broker, a majority of the brokers shall set the Market Base Rent. If a majority of the brokers are unable to agree on the market Base Rent for within the Option Term within such thirty (30) day periodstipulated period of time, the Option Exercise Notice average of the three brokers shall be the applicable Market Base Rent. Within three (3) business days after receipt of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set Market Base Rent, lessee may reject the Base Rent or force an extension determination. Said rejection shall be in writing. In the event that lessee rejects said determination, then Lessee shall surrender the Premises in accordance with the terms of the Lease Termat the expiration of the Term and, notwithstanding anything hereinabove to the contrary, pay, upon demand, the costs of all brokers engaged in connection with the market rate determination. 29.35.2 The Option to Extend is granted by Landlord to F. After exercise of the Tenant originally named in this Lease and to no otherOptions above described, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent there shall be null and void and, at Landlord’s election, shall constitute a default under no further rights on the part of Lessee to extend the term of the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

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

Option to Extend. 29.35.1 Tenant is hereby granted one (1) 35.1 TENANT shall have the option to extend the initial term of this Lease Term (the “Option to Extend”) for a one additional period of three five (35) years (the “Option Term”). Upon the proper exercise years, commencing March 1, 2003, upon all of the Option same terms and conditions as set forth herein, except at such rent as the parties may mutually agree upon, or if the parties are unable to Extendagree then at the then market rent determined by appraisal, which shall include periodic adjustments each year for cost of living increases, in the manner set forth below. The TENANT and the LANDLORD shall each select an appraiser qualified to do commercial real estate appraisals in the Worcester area, which two appraisers shall select a third appraiser also so qualified. The three appraisers shall by majority decision agree upon the fair market rent for the premises for the option years with appropriate annual cost of living increases. The parties each agree to select an appraiser no less than 45 days prior to the termination of the Lease. The two appraisers so chosen shall thereafter forthwith choose the third appraiser, and all three shall meet and reach their decision at least ten days prior to the termination of the initial lease period and shall inform the LANDLORD and TENANT in writing of the rent that shall be paid for the option period. Each party shall pay the cost of the appraisers chosen by that party and will share equally in the cost of the third appraiser. The option to extend said Lease is subject to TENANT notifying LANDLORD by giving notice at least one hundred eighty (180) days prior to the termination of the then original lease period, time being of the essence. Said option to extend shall be conditioned upon the Lease Term shall be extended for then being in full force and effect and the Option Term. Tenant shall TENANT not have being in default after the right expiration of any applicable cure period under any term or provision of said Lease, as of the date that the option to extend the initial Lease Term if is exercised and as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and option period. 36.1 Should the remaining space in the Building and/or in similar class buildings building be made available for rent to a party other than the present tenant of that space, or other than to any entity controlled by the present tenant, or any stockholder of the present tenant,or child or sibling of such a stockholder, the TENANT shall have the right to rent all such space and not a portion thereof, at the same square footage rental as TENANT is then paying, for the demised premises, for such term which will coincide with the then remaining term of this Lease, with rental increases in the submarket same proportion as the rental increases as provided in which this Lease, with Tenant's percentage share increased to 100% and TENANT shall then become responsible for the Premises is located. (c) The parties maintenance and repair of the furnace as well. LANDLORD shall notify TENANT in writing of LANDLORD'S intent to rent the space and TENANT shall have thirty (30) days to inform LANDLORD in writing of its exercise of its rights hereunder. The Lease for such additional space shall commence fifteen (15) days after Landlord receives such notice by TENANT to LANDLORD or such later date as LANDLORD makes the Option Exercise Notice in which space available to agree on fair market Base Rent during the Option TermTENANT, but not later than 45 days after such notice. If the parties agree on the Base Rent for the Option Term during such TENANT fails to exercise its rights hereunder, within said thirty (30) day period, they TENANT'S rights under this Article shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect terminate and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void andvoid. Said rights of TENANT hereunder shall be conditioned upon the Lease then being in full force and effect and the TENANT not being in default after the expiration of any applicable cure period under any term or provision of said Lease, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment as of the Lease shall not also constitute consent to assignment date that the rights hereunder are exercised and as of the Option to Extend unless date of the Option to Extend is expressly included in Landlord’s consentcommencement of occupancy of the additional space.

Appears in 1 contract

Sources: Lease (Satcon Technology Corp)

Option to Extend. 29.35.1 Landlord hereby grants to Tenant is hereby granted one two (12) option consecutive options to extend the initial Lease Term with respect to the Premises (each, an "Option"), the first Option to Extend”) shall be for a period of three ten (310) years and the second Option shall be for a period of ten (10) years (the “each such period, an "Option Term”). Upon ") commencing upon the proper exercise expiration of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the then initial Lease Term if as Term, upon each of the date of following conditions and terms. Notwithstanding the foregoing, Tenant may elect to split the second 10-year Option Term into two (2) five (5) year Option Terms, which election Tenant must make (if at all) concurrently with Tenant's delivery of the Option Exercise Notice (as defined below)) for the second Option. If Tenant timely makes such election, or as then Tenant must exercise the Option to further extend the Lease Term for the third (and final) Option Term (if at all) in accordance with the terms and conditions contained in this Paragraph 41, and such third (and final) Option Term shall be subject to all of the end terms and condition contained in this Paragraph 41. (a) Tenant shall give to Landlord, and Landlord shall actually receive, on a date which is at least two hundred seventy (270) days and not more than three hundred sixty-five (365) days prior to the then scheduled expiration date of the initial Lease Term, a written notice of Tenant's exercise of an Option (an "Option Notice"), time being of the essence. If an Option Notice is not timely so given and received, the Option, and any subsequent Option (if any), shall automatically expire. (b) Tenant shall have no right to exercise an Option, notwithstanding any provision hereof to the contrary, if Tenant is then in default under this Lease beyond any the applicable notice and cure period. (ac) The period of time within which an Option to Extend shall may be exercised shall not be extended or enlarged by reason of Tenant, if at all, by giving written Notice of 's inability to exercise (the Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement because of the parties and not by exercise provisions of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effectParagraph 41(b) above. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (cd) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which Options granted to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties Tenant are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord personal to the Tenant originally named in on this Lease (the "Original Tenant") or any Tenant Affiliate to whom this Lease has been assigned or any other assignee approved in advance by Landlord pursuant to the terms of Paragraph 17 above (but only if such other assignee has a tangible net worth of at least One Hundred Million Dollars [$100,000,000.00] in Current Dollars at the time of the Transfer, as evidenced by financial statements reviewed and to no otherapproved in advance by Landlord, and is personal as to such entity and which approval shall not be exercised unreasonably withheld, conditioned or assigneddelayed. (e) The Options herein granted to Tenant are not assignable separate and apart from this Lease, voluntarily nor may the Options be separated from this Lease in any manner, either by reservation or involuntarily, by or to anyone or any other entity. Any assignment otherwise. (f) All of the terms and conditions of this Lease except where specifically modified by this Paragraph 41 or as otherwise stated to be applicable only to the initial Lease Term shall apply during any Option Term, except for any provisions that were meant to Extend be one-time Landlord concessions including without Landlord’s prior written consent shall be null limitation free rent, allowances and void and, at Landlord’s election, shall constitute a default under Landlord Work. If Tenant exercises its right to extend the Lease. Landlord’s consent to an assignment term of the Lease for an Option Term pursuant to this Paragraph 41, the term "Lease Term" or "Term" as used in the Lease, shall not also constitute consent be construed to assignment include the initial Lease Term and the applicable Option Term (except with respect to any provisions expressly modified by this Paragraph 41 or otherwise stated as being applicable only to the initial Lease Term or any prior portion of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentLease Term).

Appears in 1 contract

Sources: Lease Agreement (Allogene Therapeutics, Inc.)

Option to Extend. 29.35.1 Tenant is hereby granted one (1) option a. Notwithstanding any provision of this Lease to extend the initial Lease Term (contrary, provided that, both at the “Option to Extend”) for a period time of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, option hereinafter set forth and at the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as time of commencement of the date of delivery of the Option Exercise Notice Renewal Term (as defined belowhereinafter defined), or as of the end of the initial (i) this Lease Termis in full force and effect, and (ii) Tenant is (A) not then in default under this Lease hereunder beyond the expiration of any applicable notice and cure period. period provided for in this Lease and (aB) The Option in occupancy of at least fifty percent (50%) of the Leased Premises for the purpose of conducting its own business, Tenant is hereby granted the option to Extend renew the Lease Term for one (1) additional period of two (2) years (the "Renewal Term"), such Renewal Term to commence upon the day immediately following the Lease Expiration Date, as defined without regard to the Renewal Term. Tenant shall be exercised exercise its option to renew by Tenant, if at all, by giving written Notice delivering notice of such exercise (the “Option Exercise "Renewal Notice") to Landlord not less than 180 days nor more than 240 days prior to such Lease Expiration Date, time being of the essence with respect to such exercise. b. The Renewal Term shall be upon the same terms and conditions of this Lease except that (i) the Base Rent during the Renewal Term shall be the greater of (A) the fair market rental rate, including any annual fair market escalations, for space comparable to and within the recognized submarket of the Leased Premises, as determined by Landlord in its reasonable discretion or (B) one hundred three percent (103%) of the Base Rent payable hereunder during the last twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if of the Lease Term is hereafter extended (excluding the Renewal Term), escalated by agreement three percent (3.00%) annually thereafter; (ii) Tenant shall have no option to renew the Lease Term beyond the expiration of the parties Renewal Term; and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend (iii) the Leased Premises shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, delivered in their condition as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties , as defined without regard to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Renewal Term. 29.35.2 The Option to Extend is granted by Landlord to c. Except for the Tenant originally named renewal option set forth above in this Paragraph 12.3, this Lease may only be extended beyond the Lease Expiration Date by the parties executing a new lease or an amendment hereto, in each case in form and substance acceptable to no otherboth Landlord and Tenant in their respective sole, absolute, and is personal subjective discretion. Except as to such entity and shall not be exercised expressly set forth in this Paragraph 12.3, no proposal, offer, correspondence, or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent the like shall be null legally binding upon Landlord or Tenant unless and void and, at Landlord’s election, shall constitute until the terms thereof are incorporated into such a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentnew lease or amendment hereto.

Appears in 1 contract

Sources: Lease Agreement (Manchester Equipment Co Inc)

Option to Extend. 29.35.1 Tenant is hereby granted one (1) shall have the option to extend the initial Lease Term of this lease for five (the “Option to Extend”5) for a period successive additional periods ("Renewal Periods" or ''Extended Term") of three ten (310) years (each upon all the “Option Term”)terms and conditions herein except Minimum Rent which shall be increased as provided in Section 2.02.2 below. Upon It is the proper exercise intent of the Option to Extendparties that the Renewal Period or Extended Term, notwithstanding the Lease Term terminology used herein, shall be extended for treated as a continuation of this Lease and not as a new or separate lease. These options may be exercised by Tenant at any time prior to one calendar year before expiration of the Option Term. Initial Term or the then Renewal Period in effect by notice in writing to Landlord and if not so exercised (time being of the essence) Landlord shall give Tenant shall not have the a 30-day written notice that its right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of renew will expire at the end of a 30-day period. If, at the initial Lease Termend of that 30-day period, Tenant is in default under has not renewed, this Lease beyond any applicable notice option shall thereupon expire as to all successive Renewal Periods and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent effect provided, however, that these options may be exercised by any Leasehold Mortgagee and these options shall continue for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have any such Leasehold Mortgagee until thirty (30) days after the Leasehold Mortgagee has received notice in writing from Landlord receives stating that Tenant has failed to exercise this option within the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during time herein provided, and such thirty (30) day period, they Leasehold Mortgagee shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension exercise this option on behalf of the Lease Term. 29.35.2 The Option Tenant by written notice to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to within such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity30-day period. Any assignment Upon exercise of this Option option, Landlord and Tenant shall prepare a notice thereof in recordable form and cause the same to Extend without Landlord’s prior written consent be recorded in the then applicable recording office of ▇▇▇▇▇▇ County, State of Washington. Upon exercise of this option, "Term'' as used herein shall be null and void and, at Landlord’s election, shall constitute a default under include the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentexercised Renewal Periods.

Appears in 1 contract

Sources: Ground Lease

Option to Extend. 29.35.1 Tenant is hereby granted Provided that Lessee has not assigned Lessee's ---------------- interest in the Lease or subleased the Premises (or any portion thereof, excepting paragraph 67 herein) and subject to the conditions of paragraph 39 under the Lease, Lessee, shall have the option to extend ("Option to Extend") the Term of the Lease for one (1) option to extend the initial Lease Term (the “Option to Extend”) for a period of three five (35) years ("Second Extended Term") on the “Option Term”)terms and conditions provided herein, except with regard to the amount of the Base Rent and adjustments, as described below. Upon the proper Lessee shall exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise notice (the "Option Exercise Notice") not to Lessor at least six (6) months, but no more than twelve (12) months and not less than eight prior to the expiration date of the Extended Term of this Lease. If Lessee fails to exercise the Option to Extend by giving the Option Notice to Lessor on or before a date which is twelve (8) 12) months to six (6) months prior to the Expiration Date. Notwithstanding anything herein to expiration of the contraryExtended Term, in the event that Tenant does not properly exercise its Option to Extend or if will be deemed to have been waived by Lessee. If Lessee is in default under the terms and provisions of the Lease Term is hereafter extended by agreement on the date of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for giving the Option Term shall be adjusted to fair market Base RentNotice, as of and such default is not cured within the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day applicable cure period, the Option Exercise Notice Notice, at Lessor's sole election, shall be totally ineffective; and if Lessee is in default of no effect any terms or provisions of the Lease on the date the Second Extended Term is to commence, which default is not cured within the applicable cure period, then at Lessor's sole election, the Second Extended Term shall not commence and this Lease shall expire on at the Expiration Datetermination of the Extended Term of this Lease. The parties Base Rent payable by Lessee to Lessor at the Lease shall not have commencement of the right Extended Term, and adjustments to have a court or other third party set the Base Rent or force an extension during the Extended Term shall be the then prevailing market rental rate and adjustments for space of equivalent quality, size, utility and location with the length of the Lease Extended Term and the credit standing of Lessee to be taken into account, as agreed to by Lessor and Lessee; as hereinafter provided but in any event not less than the Base Rent payable at the expiration of the Extended Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

Sources: Lease Amendment (Ddi Capital Corp/Dynamic Details Inc)

Option to Extend. 29.35.1 (a) Landlord hereby grants to Tenant is hereby granted one (1) option to extend the initial term of this Lease Term (the “Option to Extend”) for a period of three twenty-four (324) years calendar months immediately following the expiration of the initial term. Tenant may exercise the foregoing option to extend by giving written notice of exercise to Landlord at least six (6) months, but not more than nine (9) months, prior to the expiration of the initial term of this Lease (Option Termthe option exercise period”). Upon , time being of the proper essence; provided that if Tenant is currently in a state of uncured default after the expiration of notice and cure periods, if applicable (referred to herein as “in default”) under this Lease at the time of exercise of the Option to Extendoption or on the commencement date of the option extension period, the Lease Term such notice of exercise shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. Such option extension period, if exercised, shall be upon the same terms and conditions as the initial term of this Lease, including the payment by Tenant of the Operating Expenses and Taxes pursuant to Paragraph 5, except that (1) the Monthly Base Rent during the option period shall be determined as set forth in Paragraph 3(b) hereof, (2) there shall be no additional option to extend, and (3) Tenant shall accept the Premises in their then “as is” condition, and Paragraph 13(a) and Paragraph 13(b) of this Lease shall not apply to the option period. If Tenant does not exercise the option to extend in a timely manner the option shall lapse, time being of the essence. (b) The initial Monthly Base Rent for the Option Term Premises during the option extension period shall be adjusted to the greater of (1) Eighty-two Thousand Dollars ($82,000) per month, or (2) the then current fair market Monthly Base Rent, as Rent for the Premises on the commencement date of the commencement option extension period as determined by agreement between the Landlord and Tenant reached prior to the expiration of the Option Termoption exercise period, for renewals if possible, and by the process of comparable term appraisal if the parties cannot reach agreement. Upon the written request by Tenant to Landlord received by Landlord no earlier than ninety (90) days and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have no later than thirty (30) days after prior to the expiration of the option exercise period (e.g., between April 1, 2009 and May 31, 2009) and prior to the exercise by Tenant of the option to extend, Landlord receives shall give Tenant written notice of Landlord’s good faith opinion of the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Monthly Base Rent for the Option Term during such Premises as of the commencement date of the option extension period. If Landlord’s good faith opinion of the fair market Monthly Base Rent for the Premises as of the commencement date of the option extension period exceeds Eighty-two Thousand Dollars ($82,000) per month, then upon the request of Tenant, Landlord and Tenant shall enter into good faith negotiations for thirty (30) day days in an effort to reach agreement on the initial Monthly Base Rent for the Premises during the option extension period. If Landlord and Tenant are unable to agree upon the amount equal to the then current fair market Monthly Base Rent for the Premises, and thereafter, prior to the expiration of the option exercise period, they Tenant exercises the option to extend, said amount shall immediately execute an amendment be determined by appraisal. The appraisal shall be performed by one appraiser if the parties are able to this Lease stating the new Base Rentagree upon one appraiser. If the parties are unable to agree on upon one appraiser, each party shall appoint an appraiser and the two appraisers shall select a third appraiser. Each appraiser selected shall be an experienced commercial real estate agent with at least five (5) years of full-time commercial real estate experience in the Palo Alto office 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 fair market Monthly Base Rent for the Option Term Premises on the commencement date of the option extension period within such thirty fifteen (3015) day period, the Option Exercise Notice days following its selection. Said appraisal shall be of no effect and this Lease shall expire binding on the Expiration Date. 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 the Premises determined with reference to comparable premises in the market area of the Premises of similar age, size, quality of construction and specifications (excluding the value of any improvements to the Lease shall not have the right Premises made at Tenant’s cost) for a lease similar to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in 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 of being selected make its determination of the amount of the current fair market Monthly Base Rent for the Premises in simple letter form. If two (2) or more of the appraisers agree on said amount, such agreement shall be binding upon the parties. If multiple appraisers are selected and two (2) appraisers are unable to agree on said amount, the amount of the fair market Monthly Base Rent for the Premises shall be determined by taking the mean average of the appraisals; provided, that any high or low appraisal, differing from the middle appraisal by more than ten percent (10%) of the middle appraisal, shall be disregarded in calculating the average. Said initial Monthly Base Rent shall be increased on the first anniversary of the commencement of the option term in the manner determined by the appraisers to be consistent with the then prevailing market practice for comparable space in the Palo Alto office market, subject to Paragraph 3(d) hereof. If only one appraiser is selected, then each party shall pay one-half of the fees and expenses of that appraiser. If three appraisers are selected, each party shall bear the fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser. (c) Thereafter, provided that Tenant has previously given timely notice to Landlord of the exercise by Tenant of the option to extend the term, Landlord and Tenant shall execute an amendment to this Lease stating that the initial Monthly Base Rent for the Premises during the option extension period (and the increase as of the first anniversary of the commencement of the option extension period) shall be equal to the determination by appraisal. (d) Notwithstanding anything to the contrary contained in subparagraphs (b) and (c) above, in no otherevent shall the Monthly Base Rent at the commencement of the option extension period be less than Eighty-two Thousand Dollars ($82,000) per month, and is personal in no event shall the increase in Monthly Base Rent as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment first anniversary of the Option to Extend unless commencement of the Option to Extend is expressly included in Landlord’s consentoption term be less than $0.10 per rentable square foot of the Premises.

Appears in 1 contract

Sources: Lease (Danger Inc)

Option to Extend. 29.35.1 (a) If Tenant expands the New Premises and is leasing the entire sixteenth (16th) floor of the Building, then subject to the provisions hereinafter set forth, Landlord hereby granted grants to Tenant one (1) option to extend the initial Lease Term (the “Option to Extend”) Term, for a period of three five (35) years (the “Option TermRenewal Period). Upon ) after the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end expiration of the initial Lease Term. The Renewal Period, if any, shall commence on the day after the Lease Expiration Date and end on the fifth (5th) anniversary of such Lease Expiration Date. The option shall be exercisable by written notice (the “Renewal Notice”) from Tenant to Landlord given not earlier than eighteen (18) months or later than twelve (12) months prior to the end of the Lease Term as then in effect. If an option is not so exercised, said option shall thereupon expire. Tenant may only exercise an option, and an exercise thereof shall only be effective, if (i) at the time of Tenant’s exercise of said option and, at Landlord’s option, at the commencement of the Renewal Period, this Lease is in full force and effect and Tenant is not in monetary default under this Lease beyond any applicable notice and cure period, and (ii) inasmuch as said option is intended only for the benefit of the original Tenant named in this Lease and a CRA Affiliate and CRA Successor, Tenant has not assigned this Lease or sublet more than thirty percent (30%) of the Premises on a square footage basis other than to a CRA Affiliate or CRA Successor at the time of Tenant’s exercise of such option and, at Landlord’s option, at the commencement of the Renewal Period. Without limitation of the foregoing, no sublessee or assignee shall be entitled to exercise said option and, at the option of Landlord, no exercise of said option by the original Tenant named herein shall be effective, in the event said Tenant assigns this Lease or subleases all or more than thirty percent (30%) of the Premises prior to the Lease Expiration Date other than to a CRA Affiliate or CRA Successor. (ab) The Option to Extend Base Rent payable during the Renewal Period shall be exercised equal to the Market Rent (as hereinafter defined) as of the commencement of the Renewal Term. “Market Rent” shall mean the base rent at which tenants are leasing Class A office buildings in San Francisco, California, vacant non-sublease, non-encumbered, non-equity space, for a comparable lease term and otherwise upon the terms applicable to the lease of the Premises under this Lease, in an arm’s length transaction involving buildings which are comparable to the Building in terms of quality, age, and existing build-out, with tenants which are comparable to Tenant in terms of size, credit quality and stature. Landlord shall give Tenant written notice of the Market Rent, including yearly escalations, within thirty (30) days following written request by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) Tenant but not more earlier than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option TermRenewal Period. If Tenant disagrees with Landlord’s determination of the Market Rent, for renewals Tenant shall notify Landlord of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. such disagreement within ten (c) The parties shall have thirty (3010) days after receipt of Landlord’s determination of the Market Rent. If Tenant fails to so notify Landlord receives of Tenant’s disagreement within the Option Exercise Notice in which required time period, Landlord’s determination of the Market Rent shall be binding on Tenant. If Tenant so notifies Landlord that Landlord’s determination of the Market Rent is not acceptable to Tenant, Landlord and Tenant shall, during the fifteen (15) day period after Tenant’s notice (the “Negotiation Period”), attempt to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Market Rent. If the parties Landlord and Tenant are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day periodagree, the Option Exercise Notice Market Rate shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Term. 29.35.2 The Option to Extend is granted determined by Landlord to the Tenant originally named in this Lease and to no other, and is personal binding arbitration as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.follows:

Appears in 1 contract

Sources: Office Lease (Cra International, Inc.)

Option to Extend. 29.35.1 Provided that the Tenant is hereby granted one (1) has not been in default in any of the covenants, conditions and provisions of this Lease, including prompt payment of all sums due herein, the Tenant shall have an option to extend the initial Lease Term (Lease. Agreement for one 3 year period on the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. following terms and conditions: A. Tenant shall not have exercise its options by notifying the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice Landlord, in writing, no earlier than nine (as defined below), or as of the end of the initial Lease Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (129) months and not less or no later than eight six (8) 6) months prior to the Expiration Date. Notwithstanding anything herein termination date of this lease. B. The rent shall be based upon the then current market rate for comparable property in the Bellevue area, including increases in the rent during the extended term. C. If the parties cannot agree upon a market rental rate for the extended term within forty-five (45) days after Tenant exercises its option to extend, then this option shall be null and void. D. All the conditions of this lease from the extended term shall be the same as provided in the lease except that paragraphs 1,2,6.3.of Exhibit D to this Lease shall not apply to the contrary, option period. E. In no event shall the rent for the extended period be less than the rent in effect for the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend preceding period. This option shall be null and void (and of no further force or effect. (b) Base Rent for the Option Lease Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Termination Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension ) based on any one of the Lease Termfollowing : 1.) Tenant does not deliver to landlord written notice exercising such option within the time period set forth above. 29.35.2 The Option to Extend 2.) Tenant's rent (including Minimum Rent, Percentage Rent and Adjustments) is granted not paid when due for any three (3) months (consecutive or non-consecutive) during any Lease Year. 3.) Any notice of default is delivered by Landlord to Tenant pursuant to any terms of the Lease. This option applies in this instance only and is not to be construed as approval for any future options. This option is personal to the Tenant originally named in this Lease and to no otheris not transferable by Assignment, Sublease, death or sale of the business, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under in the Lease. Landlord’s consent to an assignment event of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consentany Assignment or Sublease.

Appears in 1 contract

Sources: Lease Agreement (Veritas Software Corp)

Option to Extend. 29.35.1 The Tenant is hereby granted one (1) shall have the option to extend the initial term of this Lease Term for up to two (2) additional five (5) year terms (the first of such five (5) year terms shall be referred to herein as the Option First Extended Term”, and the second of such terms shall be referred to Extendherein as the “Second Extended Term”) for a period of three (3) years (the “Option Term”). Upon the proper exercise on all of the Option to Extend, the Lease Term same terms and conditions set forth herein except Rent which shall be extended for mutually agreed upon, so long as, with respect to the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease First Extended Term, Tenant is not in substantial default of its obligations under this Lease beyond any applicable notice and grace or cure period. (a) The 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 Extend the First Extended Term, Tenant shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and notify Landlord in writing not less than eight one hundred twenty (8) months 120) days prior to the Expiration Dateexpiration of the Primary Term that Tenant intends to extend the term of the Lease through the First Extended Term. Notwithstanding anything herein To exercise the Option with respect to the contrarySecond Extended Term, Tenant shall notify Landlord in writing not less than one hundred twenty (120) days prior to the event expiration of the First Extended Term that Tenant does not properly exercise its Option intends to Extend or if extend the term of the Lease Term is hereafter extended by agreement of through the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Second Extended Term. If the parties agree on the Base Rent for Tenant elects not to exercise the Option Term during such thirty with respect to the First Extended Term, Tenant shall notify Landlord in writing not less than one hundred twenty (30120) day perioddays prior to the expiration of the Primary Term, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on terminate upon the Expiration Dateexpiration of the Primary Term. The parties If Tenant elects not to exercise the Option with respect to the Second Extended Term, Tenant shall notify Landlord in writing not less than one hundred twenty (120) days prior to the expiration of the First Extended Term, and this Lease shall not have terminate upon the right to have a court or other third party set the Base Rent or force an extension expiration of the Lease First Extended Term. 29.35.2 The Option to Extend is granted by Landlord to . Each of the Tenant originally named in this Lease First Extended Term and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent the Second Extended Term shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent referred to herein as an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent“Extended Term”.

Appears in 1 contract

Sources: Lease Agreement (SCP Pool Corp)

Option to Extend. 29.35.1 Tenant (a) Lessee is hereby granted given the option to extend the Lease term for one (1) option to extend five year period following expiration of the initial Lease Term term, which option may be exercised only by written notice (the “"Option Notice") from Lessee to Extend”Lessor given not less than one hundred eighty (180) for a period of three (3) years (the “Option Term”). Upon the proper exercise of the Option days prior to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease term; provided, however, if Lessee is in material 1. default on the date of giving the Option Notice, the option Notice shall be totally ineffective, or if Lessee is in material default on the date the Extended Term is to commence, such Extended Term shall not commence and this Lease shall expire at the end of the initial Lease term. In the event of an Extended Term, Tenant is in default under the Extended Term shall be subject to all the terms and conditions of this Lease beyond any applicable notice and cure period. (a) The Option to Extend excepting rent which shall be exercised by Tenantat 100% of the then fair market rental value, if at allas determined under subparagraph (b) below, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not but in no event less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to monthly rent prevailing on the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement last month of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effectinitial Lease term. (b) Base Rent for the Option Term shall be adjusted to fair market Base Rent, as of the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have agree on the fair market rental value of the Premises for said Extended Term, including fair market periodic adjustments thereto, during the first thirty (30) days after Landlord receives of year five (5) of the Option Exercise Notice in which to agree on fair market Base Rent during the Option Lease Term. If the parties are able to agree on the Base Rent fair market rental value for the Option Term during Extended Term, (including periodic adjustments thereto), then such agreed value shall be the fair market-rental value for purposes of determining the rent for the Extended Term. In the event the parties are unable to agree on the fair market rental value for the Premises (including periodic adjustments) within that time, then at Lessee's written request, within ten (10) days of the expiration of that thirty (30) day period, they each party shall immediately execute separately designate an amendment appraiser to make this Lease stating determination. Within five (5) business days of their appointment, the new Base Renttwo designated appraisers shall jointly designate a third appraiser. The failure of either party to appoint an appraiser within the time allowed shall be deemed equivalent to appointing the appraiser appointed by the other party. No person shall be appointed or designated an appraiser unless he is then a member of MAI. Appraisal shall be on the basis of the Premises "as is" except for improvements and fixtures which are the sole property of Lessee. If, within ten (10) business days after the appointment of all appraisers, a majority of the appraisers concur on the value of the then current fair market rental value for the Premises, including fair market periodic adjustments thereto, that appraisal shall be the accepted fair market rental value. If a majority of the parties are unable to agree on fair market Base Rent for the Option Term appraisers do not concur within such thirty (30) day that period, the Option Exercise Notice determination of the appraiser whose appraisal is neither highest nor lowest shall be of no effect and this Lease shall expire on the Expiration Dateaccepted fair market rental value. The parties to shall share the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Termappraisal expenses equally. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

Sources: Industrial Lease (Dendreon Corp)

Option to Extend. 29.35.1 41.01 Tenant is hereby granted one (1) option (the "Option") to extend the initial Lease Term for an additional term of five (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 Option may be exercised by Tenant only by delivery of written notice to Extend”Landlord, which notice must be received by Landlord at least one hundred twenty (120) for a period days before the expiration of the original Lease Term set forth in Section 1.06 above. If Tenant fails to timely deliver such written notice, or if this Lease is terminated pursuant to any other terms or provisions of this Lease prior to the expiration of the original Lease Term, the Option shall lapse, and Tenant shall have no right to extend the Lease Term. The Option shall be exercisable by Tenant on the express conditions that (i) at the time of delivery of Tenant's notice of its election to exercise the Option, and at all times prior to the commencement of the Extension, Tenant shall not be in default under this Lease, (ii) Tenant has not previously been in default (whether or not any such default has been timely cured) under this Lease on more than three (3) years (occasions during the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term if as of the date of delivery of the Option Exercise Notice (as defined below), or as of the end of the initial Lease Term, and (iii) Tenant has not assigned this Lease nor sublet all or any part of the Premises, it being understood that the Option is in default personal to the original named Tenant under this Lease beyond any applicable notice and cure period. (a) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior to the Expiration DateLease. Notwithstanding anything herein to the contrary, in In the event that Tenant does not properly exercise its of any such assignment or sublease, the Option to Extend or if the Lease Term is hereafter extended by agreement of the parties shall lapse and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effect. (b) Base Rent for the 41.02 The rental during this Option Term period shall be adjusted to fair at the "then current market Base Rentrate". In no event, as of however, shall the commencement of the Option Term, for renewals of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is located. (c) The parties shall have thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent rental during the Option Term. If the parties agree on period be less than the Base Rent for due during the Option Term during such thirty (30) day period, they shall immediately execute an amendment to this Lease stating the new Base Rent. If the parties are unable to agree on fair market Base Rent for the Option Term within such thirty (30) day period, the Option Exercise Notice shall be of no effect and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension of the Lease Termprevious lease term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

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

Option to Extend. 29.35.1 (a) If (i) Tenant is hereby granted one not then in Default hereunder, and (1ii) Tenant has simultaneously exercised its option to extend the initial Lease Term (the “Option to Extend”) for a period of three (3) years (the “Option Term”). Upon the proper exercise term of the Option to Extend3333 Lease, the Lease Term shall be extended for the Option Term. then Tenant shall not have the right option to extend the initial Lease Term if as for an additional five (5) year period commencing on the day next following the Expiration Date and ending on the fifth (5th) anniversary of the date of delivery of the Option Exercise Notice Expiration Date (as defined below), or as of the end of the initial Lease "First Extended Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a") The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice notice of exercise said extension to Landlord not later than nine (the “Option Exercise Notice”9) not more than twelve (12) months and not less than eight (8) months prior to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement time being of the parties and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall be null and void and of no further force or effectessence. (b) Base Rent If (i) Tenant is not then in Default hereunder, and (ii) Tenant has previously exercised its option to extend the Term for the Option First Extended Term shall be adjusted and has simultaneously exercised its option to fair market Base Rent, as extend the term of the commencement 3333 Lease for a like period, then Tenant shall have the option to extend the Term for an additional five (5) year period commencing on the day next following the fifth (5th) anniversary of the Option Expiration Date and ending on the tenth (10th) anniversary of the Expiration Date ("Second Extended Term") by giving written notice of said extension to Landlord not later than nine (9) months prior to the end of the First Extended Term, for renewals time being of comparable term and space in the Building and/or in similar class buildings in the submarket in which the Premises is locatedessence. (c) The parties If (i) Tenant is not then in Default hereunder, and (ii) Tenant has previously exercised its option to extend the Term for the Second Extended Term and has simultaneously exercised its option to extend the term of the 3333 Lease for a like period, then Tenant shall have thirty the option to extend the Term for an additional five (305) days after year period commencing on the day next following the tenth (10th) anniversary of the Expiration Date and ending on the fifteenth (15th) anniversary of the Expiration Date ("Third Extended Term") by giving written notice of said extension to Landlord receives not later than nine (9) months prior to the Option Exercise Notice end of the Second Extended Term, time being of the essence. The First Extended Term, Second Extended Term and Third Extended Term are hereinafter individually and collectively referred to as the "Extended Term". (d) If the Term is extended it shall be so extended on the same terms and conditions then set forth in which to agree on fair market this Lease, including the annual Base Rent during the Option Term. If the parties agree on the Base Rent for the Option Term during such thirty as set forth in Rider A. (30e) day period, they Landlord and Tenant shall immediately execute an amendment enter into a written supplement to this Lease stating confirming the new Base Rentterms, conditions and provisions applicable during the Extended Term as determined in accordance with the provisions of this Section S.2. If Tenant fails to timely exercise its option to extend the parties are unable to agree on fair market Base Rent Term for the Option Term within such thirty (30) day periodapplicable Extended Term, the Option Exercise Notice shall be of no effect and then this Lease shall expire by its terms on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension expiration of the Lease Term or the First Extended Term or the Second Extended Term, as the case may be. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

Sources: Office Lease (May & Speh Inc)

Option to Extend. 29.35.1 Tenant is hereby granted one (1) given the option to extend the initial Lease Term on all the provisions contained in this Lease, except for Base Rent (the which shall be adjusted in accordance with this Section), for [four (4)] five (5) year periods (Option to ExtendExtension Term(s)”) for a period following expiration of three (3) years (the “Option Term”). Upon the proper exercise of the Option to Extend, the Lease Term shall be extended for the Option Term. Tenant shall not have the right to extend the initial Lease Term by giving notice of exercise of the option (“Option Notice”) to Landlord at least twelve (12) months before the expiration of the initial Lease Term or the applicable Extension Term. Notwithstanding the foregoing, if as of Tenant is in default beyond the designated cure period on the date of delivery of giving the Option Exercise Notice, the Option Notice (as defined below)shall be totally ineffective, or as of if Tenant is in default beyond the designated cure period on the date the Extension Term is to commence, the applicable Extension Term shall not commence, and this Lease shall expire at the end of the initial Lease Term or the then current Extension Term, Tenant is in default under this Lease beyond any applicable notice and cure period. (a. The Extended Term(s) The Option to Extend shall be exercised by Tenant, if at all, by giving written Notice of exercise (the “Option Exercise Notice”) not more than twelve (12) months and not less than eight (8) months prior personal to the Expiration Date. Notwithstanding anything herein to the contrary, in the event that original Tenant does not properly exercise its Option to Extend or if the Lease Term is hereafter extended by agreement of the parties hereunder and not by exercise of Tenant’s Option to Extend, then Tenant’s Option to Extend shall terminate and be null and void and of no further force or effect. (b) effect following any Transfer under Article 10 below. The Base Rent shall be adjusted in accordance with Section 1.13 above. [The Base Rent shall be adjusted annually during the Extension Term in accordance with Section 2. below. The Base Rent to be paid for the first year of the Extension Term, if exercised, shall be equal to the "Fair Market Rental Rate" for the Premises, determined by the Landlord and Tenant, based on a Base Rent then being paid by tenants of retail spaces of equivalent size in comparable projects similar in size, location, amenities, tenant mix, condition, drawing ability and quality to the Project, provided that notwithstanding anything to the contrary set forth herein, in no event shall be Base Rent for the Option first year of the Extension Term be less than the Base Rent in effect immediately prior to the Extension Term. In the event Landlord and Tenant are unable to agree on a Base Rent applicable for the first year of the Extension Term, at least ninety (90) days prior to the commencement date of the Extension Term, the Base Rent shall be adjusted to fair market Base Rent, determined as of the commencement of the Option Term, for renewals of comparable term follows: Landlord and space Tenant shall each appoint an independent real estate appraiser with at least five (5) years commercial appraisal experience in the Building and/or in similar class buildings in ▇▇▇▇ Point area, and having no financial interest, relationship, or affiliation with either party, or having any business dealings with either party for the submarket in which the Premises is located. previous five (c5) The parties shall have years. Within thirty (30) days after Landlord receives the Option Exercise Notice in which to agree on fair market Base Rent during the Option Term. If the parties agree on the their appointment, each appraiser shall provide a written appraisal of Base Rent for the Option Term during such thirty (30) day periodfirst year of the Extension Term, they shall immediately execute an amendment to this Lease stating based upon the new Base Rentabove criteria. If the parties are unable to agree on fair market The Base Rent for the Option first year of such Extension Term within such thirty (30) day period, the Option Exercise Notice shall be the average of no effect two (2) appraisals. However, if the appraisals differ by more than ten percent (10%), then a third similarly qualified appraiser shall be appointed by the first two (2) appraisers within ten (10) days thereafter, which third appraiser shall also provide a written appraisal of Base Rent. Base Rent shall then be the average of three (3) appraisals, except that any appraisal which differs by more than ten percent (10%) from both of the other appraisals shall be discarded and this Lease shall expire on the Expiration Date. The parties to the Lease shall not have the right to have a court or other third party set the Base Rent or force an extension shall be the average of two (2) remaining appraisals. If no two (2) appraisals are within ten percent (10%) of each other, then the issue of Base Rent shall be submitted to a binding arbitration before the Judicial Arbitration Mediation Services in Orange County, California, whose decision as to Base Rent shall be binding on the parties. Each party shall bear equally, the cost of the Lease foregoing procedures.] Tenant shall have no other right to extend the term beyond the Extension Term. 29.35.2 The Option to Extend is granted by Landlord to the Tenant originally named in this Lease and to no other, and is personal as to such entity and shall not be exercised or assigned, voluntarily or involuntarily, by or to anyone or any other entity. Any assignment of this Option to Extend without Landlord’s prior written consent shall be null and void and, at Landlord’s election, shall constitute a default under the Lease. Landlord’s consent to an assignment of the Lease shall not also constitute consent to assignment of the Option to Extend unless the Option to Extend is expressly included in Landlord’s consent.

Appears in 1 contract

Sources: Retail Lease