Common use of Option to Extend Clause in Contracts

Option to Extend. (a) Tenant shall have two options to extend the Lease for consecutive ten year periods (each an “Extended Term”) upon expiration of the then current Term, at a Minimum Rent equal to the then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date of the then applicable term. Upon receipt of such notice, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b).

Appears in 2 contracts

Sources: Building Lease (Solera National Bancorp, Inc.), Building Lease (Solera National Bancorp, Inc.)

Option to Extend. (a) Tenant shall have two options one (1) option to extend the term of this Lease for consecutive ten year periods two (each an 2) years at market rate (Extended Option Term”) upon expiration of the then current Term, at a Minimum Rent equal to the then-market rental rate). Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend landlord no later than December 31, 2014. Option Term Rent: Tenant shall pay the Lease on or before 180 days prior to following rent for the Expiration Date of the then applicable term. Upon receipt of such notice, Leased Premises: Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall will attempt to agree upon a Fair Market Rental Value of the market rental rate applicable Leased Premises satisfactory to the Premisesboth parties within thirty (30) days of Tenant’s exercise of its option. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach no agreement within 70 days after can be reached by the date of Landlord's receipt of Tenant's Noticeparties during that period, they shall, within 80 days after then the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with Base Monthly Rental for the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports Option Term shall be determined by the Fair Market Rental Value of the market rental rate applicable Leased Premises as determined by comparison to premises of similar size located in or near the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after City of Fort ▇▇▇▇▇▇▇▇' s receipt , Colorado, having comparable development, use and density capability and such other characteristics as may be deemed relevant by a subject appraiser whose selection is outlined herein. Landlord shall select an independent MAI real estate appraiser with at least ten (10) years experience in appraising commercial real property in the City of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by Fort ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ , Colorado (a “Qualified Appraiser”). The Qualified Appraiser selected by the Landlord shall be referred to as the “Landlord’s Appraiser”. Within thirty (30) days of being selected by the Landlord, the Landlord’s Appraiser shall determine the Fair Market Rental Value of the Leased Premises in accordance with the appraisal standards set forth above and ▇▇▇▇▇▇'s Rent Broker. shall immediately give the Landlord and the Tenant shall each bear written notification of his determination. If the cost of its Rent Broker and shall share equally Tenant agrees with the cost Landlord’s Appraiser’s determination of the Additional Rent Broker. (c) This option to extend will be Fair Market Rental Value, the new Base Monthly Rental shall become effective beginning with the first month of no further force and effect if the Option Term. If the Tenant does not timely exercise agree with the Landlord’s Appraiser’s determination of Fair Market Rental Value, the Tenant shall have the right to select its option, own Qualified Appraiser to determine the Fair Market Rental Value. If the Tenant does not timely accept elect to appoint a Qualified Appraiser (the Rent Notice“Tenant’s Appraiser”), or the Tenant is shall select the Tenant’s Appraiser within thirty (30) business days after receiving the Landlord’s Appraiser’s determination of the Fair Market Rental Value. The Tenant’s Appraiser shall make his own determination of the Fair Market Rental Value in default under this Lease after accordance with the provisions set forth above, within 30 business days of being selected by the Tenant and shall immediately give the Landlord and the Tenant written notice and time to cure at the time it exercises this optionof his determination. If ▇▇▇▇▇▇ accepts the Rent NoticeFair Market Rental Value as determined by the Landlord’s Appraiser and the Tenant’s Appraiser, ▇▇▇▇▇▇ will execute respectively, differ by an amendment amount which is equal to this Lease so confirming the extension or less than 5% of the Lease Fair Market Rental Value determined by the Landlord’s Appraiser, then the arithmetic mean of the two Fair Market Rental Values shall constitute the Fair Market Rental Value used to calculate the new Base Monthly Rental which will in effect for the Option Term. If the Fair Market Rental Value determined by the Landlord’s Appraiser and the new Minimum Rent Tenant’s Appraiser, respectively, differ by an amount which is greater than 5% then, within 30 ten (10) business days after the Landlord’s Appraiser and the Tenant’s Appraiser’s determination of the Fair Market Rental Value, the Landlord’s Appraiser and the Tenant’s Appraiser shall agree upon and select a third Qualified Appraiser who shall be independent of and have no prior or existing affiliation or relationship with either the Landlord or the Tenant (the “Independent Appraiser”). Within ten (10) business days of receipt being appointed, the Independent Appraiser shall, after exercising his best professional judgment, choose either the Landlord’s Appraiser’s or the Tenant’s Appraiser’s determination of Fair Market Rental Value which the Independent Appraiser believes, in his best professional judgment, best represents the Fair Market Rental Value at that point in time. Upon making such a selection, the Independent Appraiser shall immediately give the Landlord and the Tenant written notice of this selection of the same from LandlordFair Market Rental Value. This option is personal The Fair Market Rental Value selected by the Independent Appraiser shall be used to calculate the named Tenant new Base Monthly Rental which will be in effect during the Extension Option, and its permitted successors such selection by the Independent Appraiser shall be binding and assigns pursuant to subparagraph 22(b)conclusive upon the Landlord and the Tenant. All appraisal fees required hereunder shall be shared equally by the Landlord and the Tenant.

Appears in 2 contracts

Sources: Lease Amendment (Advanced Energy Industries Inc), Lease Amendment (Advanced Energy Industries Inc)

Option to Extend. (a) Tenant shall have two options to extend the Lease for consecutive ten year periods (each an “Extended Term”) upon expiration of the then current Term, at a Minimum Rent equal to the then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's one option to extend the Term of this Lease (the “Extension Option”) for one additional period of 7 years (the “Extension Term”) on the terms and conditions of this Section 3.2. The Extension Term shall commence, if at all, on April 1, 2018, and end on March 31, 2025. Tenant may exercise the Extension Option by delivering written notice (a “Notice to Extend”) of its exercise of the Extension Option to Landlord not later than April 1, 2017. 3.2.1 The Net Rent payable for each month during the Extension Term shall be the fair market rental rate (the “Prevailing Rental Rate”) at the commencement of the Extension Term, for extensions of space of equivalent quality, size, utility, and location in the Mendota Heights area, talking into account the terms of this Lease, the length of the Extension Term, and all other relevant factors, but assuming that no improvements Tenant has made to the Premises at Tenant’s sole expense (in other words, without reimbursement through any allowance or credit) had been made. Within 30 days after receiving Tenant’s Notice to Extend, Landlord shall deliver to Tenant written notice (the “PRR Notice”) advising Tenant of Landlord’s determination of the Prevailing Rental Rate. Unless Tenant delivers to Landlord, within 30 days after receiving the PRR Notice, a written acceptance of Landlord’s determination of the Prevailing Rental Rate, the Prevailing Rental Rate shall be determined in accordance with Section 3.2.2 below. 3.2.2 If Tenant does not accept Landlord’s determination of the Prevailing Rental Rate within 30 days after Landlord’s PRR Notice as provided in Section 3.2.1, the Prevailing Rent Rate shall be determined as follows. Tenant shall submit to Landlord, within 30 days after receiving the PRR Notice, a notice (the “PRR Objection Notice”): (i) advising Landlord that Tenant disagrees with Landlord’s determination of the Prevailing Rental Rate in the PRR Notice, and (ii) proposing a specific alternative Prevailing Rental Rate. If Landlord and Tenant fail, despite good-faith negotiations, to agree on the Prevailing Rental Rate on or before 180 the date (the “Outside Date”) that is 30 days prior after Landlord receives the PRR Objection Notice, Landlord and Tenant each shall give notice to the Expiration Date other of the then applicable termname and address of an arbitrator designated by the party giving such notice. Upon If either party fails to give notice of such designation within 10 business days after the Outside Date, the other party shall provide an additional notice to such party requiring such party’s appointment of an arbitrator within 10 business days after receipt of such second notice. If either party fails to give notice of such designation within such second 10 business day period, the first arbitrator chosen shall make the determination of the Prevailing Rental Rate alone. If two arbitrators have been designated, both arbitrators shall, within 10 business days following the designation of the second arbitrator, make their determination of the Prevailing Rental Rate in writing and give notice to each other and to Landlord and Tenant. The two arbitrators shall have 10 business days after the receipt of notice of each other’s determinations to confer with each other and to attempt to reach agreement as to the determination of the Prevailing Rental Rate. If the two arbitrators agree on the Prevailing Rental Rate, that rate shall be final and binding upon Landlord and Tenant. If the two arbitrators fail to agree on the Prevailing Rental Rate by the end of the 10-business day period, then the two arbitrators shall promptly designate a third arbitrator. If the two arbitrators fail to agree upon the designation of a third arbitrator within 10 business days, then either party may apply to the American Arbitration Association or any successor having jurisdiction for the designation of such arbitrator. The third arbitrator shall conduct such hearing and investigations as he or she deems appropriate and shall, within 30 days after his or her designation, choose the one determination out of the two determinations by the two arbitrators originally selected by the parties that most closely approximates the third arbitrator’s own determination of the Prevailing Rental Rate, and that choice by the third arbitrator shall be binding upon Landlord and Tenant. The third arbitrator shall have no right to propose a middle ground or any modification of either of the determinations proposed by the original two arbitrators. Each party shall bear the cost of the arbitrator it selects. The remaining cost of the arbitration shall be split evenly between the parties (and each party shall bear all of its own costs in connection with such arbitration). The determination of the Prevailing Rental Rate in accordance with this Section 3.2.2 shall be final and binding in fixing the Prevailing Rental Rate. The arbitrators shall not have the power to add to, modify, or change any of the provisions of this Lease. All arbitrators shall be real estate brokers with at least 5 years of continuous experience in the business of acting as real estate agents or brokers with respect to comparable commercial office buildings in the southeastern Twin Cities market, exclusive of any broker from any brokerage firm currently representing (or who had previously represented within the preceding 2-year period) either Landlord or Tenant. 3.2.3 The Extension Option and all of Tenant’s rights under this Section 3.2 shall automatically terminate immediately upon the occurrence of any of the following: (1) either this Lease or Tenant’s right to possession of the Premises is terminated; (2) Tenant fails to timely exercise the Extension Option, time being of the essence with respect to Tenant’s exercise; or (3) an uncured Event of Default exists at the time Tenant delivers the Notice to Extend. 3.2.4 If Tenant exercises the Extension Option, then, on or before the commencement date of the Extension Term, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming extending the Term and adjusting the Net Rent to be the Prevailing Rental Rate. Tenant shall have no further extension or renewal option other than the Extension Option except pursuant to an express written agreement by Landlord executed and delivered after the Lease Date. Landlord shall lease to Tenant the Premises for the Extension Term in its then-current condition, and Landlord shall have no obligation to provide to Tenant any allowances (e.g., moving allowance, construction allowance, and the like) or other tenant inducements in connection with Tenant’s exercise of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)Extension Option.

Appears in 1 contract

Sources: Lease Agreement (WuXi PharmaTech (Cayman) Inc.)

Option to Extend. (a) Tenant shall have two options to extend the Lease for consecutive ten 5-year periods (each an “Extended Term”) upon expiration of the then current Termimmediately prior term, at a Minimum Base Rent equal to 95% of the then-market rental rate, to be reasonably determined by Landlord and Tenant and/or Tenant's Representative (the "Renewal Rent") plus a Tenant refurbishment allowance for repainting and recarpeting; provided that the Renewal Rent for the option period shall not be less than the Base Rent in effect at the expiration of the prior term and the Renewal Rent will be subject to annual 3% increases. Tenant shall give Landlord written notice of ▇▇▇▇▇▇Tenant's intent to exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date of the then applicable expiration date for such term. Upon receipt of such notice, Landlord and Tenant shall have 30 days to agree on deliver written notice to Tenant of the market rate for Minimum Renewal Rent to be charged during the applicable Extended Term. extension period (b) If "Rent Notice"). Upon receipt of the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Rent Notice, Landlord and Tenant shallshall have 10 days to notify Landlord, within 40 days after the date Landlord receives Tenant's Noticein writing, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt acceptance or rejection of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt exercise of Tenant's option to extend. In the event Tenant fails to deliver to Landlord written notice of Tenant's acceptance or rejection of the Rent Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office Lease will terminate as of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Brokerapplicable expiration date. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, Tenant or its Affiliates do not occupy 100% of the Premises at the time Tenant exercises this option, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ Tenant accepts the Rent Notice, ▇▇▇▇▇▇ Tenant will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Renewal Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b).

Appears in 1 contract

Sources: Sublease Agreement (Xanodyne Pharmaceuticals Inc)

Option to Extend. Landlord hereby grants to Tenant the right and option to extend this Lease for two (2) periods of five (5 years each on the same terms and conditions as contained herein; provided, however, that the rent applicable during each such option period shall be adjusted as of the beginning of each such option period (the "Option Date") as follows: (a) Tenant shall have two options to extend the Lease for consecutive ten year periods Average Market Rate. At least ninety (each an “Extended Term”90) upon expiration of the then current Term, at a Minimum Rent equal to the then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date of the then applicable term. Upon receipt of such notice, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's NoticeOption Date, Landlord and Tenant shall, within 40 days after in good faith and using reasonable diligence, determine the date Landlord receives Tenant's Noticeaverage market leasing rate (including market rent concessions, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are locatedcash allowances, tenant improvement allowances, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt all other concession being offered to agree upon tenants) per rentable square foot of the market rental rate applicable Leased Premises (the "Average Market Rate") then existing for potential tenants for like office space of buildings of similar quality to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after Building in Salt Lake City, Utah (the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent BrokerComparable Buildings") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall take into consideration location of each such building and the market appeal of each such building in determining which buildings then existing are of similar quality to the Building. If Landlord and Tenant fail to agree upon the Average Market Rate at least ninety (90) days prior to the Option Date, then Landlord and Tenant shall attempt to agree, in good faith, upon a single appraiser not later than seventy-five (75) days prior to the Option Date. If Landlord and Tenant are unable to agree upon a single appraiser within such time period, then Landlord and Tenant shall each appoint one appraiser not later than sixty-five (65) days prior to the Option Date. Within ten (10) days thereafter, the two appointed appraisers shall appoint a third appraiser. If either Landlord or Tenant shall fail to appoint its appraiser within the prescribed time period, the single appraiser appointed shall determine the Average Market Rate for the Lease Premises. If both parties shall fail to appoint appraisers within the prescribed time periods, then the first appraiser thereafter selected by either party shall determine the Average Market Rate for the Leased Premises. Each party shall bear the cost of its Rent Broker own appraiser and the parties shall share equally the cost costs of the Additional Rent Broker. single or the third appraiser if applicable. Each appraiser selected pursuant hereto shall have at least five (c5) This option years experience in appraising commercial real property comparable to extend will the Building in Salt Lake County, Utah. Unless a single appraiser is chosen, the Average Market Rate for the Leased Premises shall be the arithmetic average of no further force the two (2) of the three (3) appraisals which are closest in amount, and effect if the third appraisal shall be disregarded, Landlord ad Tenant does shall instruct the appraiser(s) to complete their determination of Average Market Rate not timely exercise its option, Tenant does not timely accept later than thirty (30) days prior to the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this optionOption Date. If ▇▇▇▇▇▇ accepts the Rent NoticeAverage Market Rate is not determined prior to the Option Date, ▇▇▇▇▇▇ will execute an amendment then Tenant shall continue to this Lease so confirming pay to Landlord the extension rent applicable to the Leased Premises immediately prior to such additional term until the Average Market Rate is determined. When the Average Market Rate of the Lease Leased Premises is determined, Landlord shall deliver notice thereof to Tenant and Tenant shall pay to Landlord within ten (10) days affix receipt of such notice the difference between the rent actually paid by Tenant to Landlord and the new Minimum Rent rental determined hereunder. Notwithstanding the foregoing, in the event that the Average Market Rate is less than eighty percent (80%) of the rent applicable to the Leased Premises immediately prior to the Option Date, Landlord shall have the right to terminate this Lease by written notice to Tenant within 30 five (5) days of receipt the determination of the same from LandlordAverage Market Rate, such termination to become effective six (6) months following the date of such notice to Tenant. This option is personal During the six (6) month additional period, Tenant shall continue to pay Landlord the rent applicable to the named Tenant and its permitted successors and assigns pursuant Leased Premises immediately prior to subparagraph 22(b)such additional term.

Appears in 1 contract

Sources: Lease Agreement (Simmons Media Group Inc)

Option to Extend. (a) Provided that no Event of Default shall have occurred which remains uncured and provided that Tenant or any permitted assignee or sublease shall be in possession of the Leased Premises, Tenant shall have two options the right, exercisable by given written notice ("First Renewal Notice") thereof to Landlord at least nine (9) months but not before twelve (12) months prior to the expiration of the original Term of this Lease, to extend the Term of this Lease for consecutive ten year periods an additional term of sixty (each an “Extended Term”60) calendar months ("First Renewal Period") upon expiration all of the terms, covenants and conditions contained in this Lease, except that the annual rent shall be Market Rent. The First Renewal Notice shall be deemed inoperative and of no force and effect unless Landlord shall receive within thirty (30) days of the First Renewal Notice a written statement from Amoco Corporation, if it is the then current Termguarantor of Tenant's obligations hereunder, at a Minimum Rent equal consenting to the then-market rental rateFirst Renewal Notice. Tenant Landlord shall give Landlord written Tenant notice ("Landlord's Renewal Notice") of ▇▇▇▇▇▇Landlord's intent to exercise Tenantdetermination of Market Rent, which shall not be less than Six Hundred Seventy-Eight Thousand Six Hundred Twelve and No/100 Dollars ($678,612.00) per year, for the First Renewal Period not later than ten (10) days after Landlord's option to extend the Lease on or before 180 days prior to the Expiration Date receipt of the then applicable termFirst Renewal Notice. Upon In the event that Tenant disagrees with Landlord's determination of Market Rent, Tenant agrees to notify Landlord within ten (10) days after receipt of such notice, Landlord's Renewal Notice and thereafter Landlord and Tenant shall have 30 attempt for a period of thirty (30) days to agree on following the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("giving of Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt Renewal Notice to agree upon the market rental rate applicable Market Rent paid during the First Renewal Period. In the event that Landlord and Tenant fail to agree in writing upon the Premises. If Landlord's determination of Market Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 for the First Renewal Period by the date which is thirty (30) days after the date of Landlord's receipt Renewal Notice, Tenant's exercise of such option to extend shall be null and void and neither Landlord nor Tenant shall have any further rights or liabilities with respect thereto. Provided that no event of default shall have occurred which remains uncured, and provided that Tenant or any permitted assignee or sublessee shall be in possession of the Leased Premises, and provided the Term of this Lease has been extended for the First Renewal Period, Tenant shall have the right, exercisable by giving notice ("Second Renewal Notice") thereof to Landlord at least nine (9) months but not before twelve (12) months prior to the expiration of the First Renewal Period, to extend the term of this Lease for an additional term of sixty (60) calendar months ("Second Renewal Period") upon all of the terms, covenants and conditions contained in this Lease except that the annual rental shall be Market Rent. The Second Renewal Notice shall be deemed inoperative and of no force and effect unless Landlord shall receive within thirty (30) days of the Second Renewal Notice a written statement from Amoco Corporation, if it is the then guarantor of Tenant's obligations hereunder, consenting to the Second Renewal Notice. Landlord shall give Tenant notice ("Landlord's Renewal Notice") of Landlord's determination of Market Rent, they shallwhich shall not be less than the annual rent payable during the First Renewal Period, for the Second Renewal Period not later than ten (10) days after Landlord's receipt of the Second Renewal Notice. In the event that Tenant disagrees with Landlord's determination of Market Rent, Tenant agrees to notify Landlord within 80 ten (10) days after receipt of Landlord's Renewal Notice and thereafter Landlord and Tenant attempt for a period of thirty (30) days following the giving of Landlord's Renewal Notice to agree upon the Market Rent to be paid during the Second Renewal Period. In the event that Landlord and Tenant shall fail to agree in writing upon the determination of Market Rent for the Second Renewal Period by the date which is thirty (30) days after the date of Landlord's receipt of Renewal Notice, Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after exercise of such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will shall be of no null and void and neither Landlord nor Tenant shall have any further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, rights or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)liabilities with respect thereto.

Appears in 1 contract

Sources: Industrial Building Lease (Vysis Inc)

Option to Extend. Tenant is hereby granted one (a1) Tenant shall have two options to extend the Lease for consecutive ten year periods (each an “Extended Term”) upon expiration of the then current Term, at a Minimum Rent equal to the then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend the Term of this Lease for five (5) years. If the option is exercised by the Tenant, the extended Term shall begin upon the expiration of the original Term of this Lease; and all terms, covenants and provisions of this Lease shall apply to the extended Term. If Tenant elects to exercise the option to extend, provided this Lease is in full force and effect and Tenant has performed all of the terms, covenants and provisions hereof on or before 180 days Tenant’s part to be performed, Tenant shall do so only by giving Landlord notice in writing of its intention to do so not later than twelve (12) months prior to the Expiration Date expiration of the then applicable term. Upon receipt original Term of such notice, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Termthis Lease. (b) If 4. The following paragraphs are added to Section 1.5, Condition of Improvements, of the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and Lease Agreement: ▇▇▇/▇▇▇ ▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇. Prior to the Commencement Date for Suite 210, Landlord shall undertake and complete those certain improvements to Suite 210 of the Leased Premises at a cost of $430,000.00. Landlord shall provide a one-time allowance of $300,000.00, and Tenant shall pay the balance of $130,000.00 upon occupancy of the Leased Premises. In addition to paying $130,000.00 upon occupancy, Tenant agrees to pay additional improvement rent of $6,083.00 per month for 60 months. The additional improvement rent is reflected in the Base Rent Schedule attached hereto and made a part hereof. All Landlord Improvements shall be completed by Landlord in a first class manner, using skilled contractors and new, high-quality materials. Upon completion of the Landlord Improvements described in this Section 1.5, and Tenant’s acceptance of the same, Tenant shall take possession of Suite 210 of the Leased Premises in its then “As Is” condition. ▇▇▇/▇▇▇ ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇ will execute an amendment to this Lease so confirming ▇▇. Tenant shall take possession of Suite 205 of the extension Leased Premises in its then “As Is” condition. Any buildout and additional tenant improvement rent must be negotiated separately between Landlord and Tenant. 5. Section 2.1 of the Lease Agreement is deleted in its entirety and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant hereby amended and its permitted successors and assigns pursuant to subparagraph 22(b).restated as follows:

Appears in 1 contract

Sources: Lease Agreement (Cellular Dynamics International, Inc.)

Option to Extend. 27.01 Tenant shall have the option to extend the Term of the Lease for two (a2) periods of five (5) years (each, a “Renewal Period”) upon all of the terms, covenants and conditions contained in the Lease except that Base Rent for the Renewal Period shall be equal to the Renewal Rate (as defined below). Tenant shall be entitled to exercise its option to extend hereunder so long as (i) Tenant shall have two options delivered to extend the Lease for consecutive ten year periods (each an “Extended Term”) upon expiration of the then current Term, at a Minimum Rent equal to the then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent its election to exercise Tenant's such option to extend the Lease on or before 180 days not less than six (6) months prior to the Expiration Date commencement date of the then applicable term. Upon Renewal Period, and (ii) Tenant shall not be in default under this Lease. 27.02 Within thirty (30) days of its receipt of such noticenotice from Tenant of Tenant’s election to exercise its renewal option, Landlord shall notify Tenant of the Renewal Rate to be charged as Base Rent for the Renewal Period. As used herein, the term “Renewal Rate” shall mean the rental rates then being charged to tenants of comparable size to Tenant in comparable buildings in the area. Tenant shall have thirty (30) days to notify Landlord in writing of its desire to accept the Renewal Rate or object to the Renewal Rate. If Tenant rejects the Renewal Rate, Landlord and Tenant shall have 30 days attempt to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. negotiate a mutually acceptable Renewal Rate. If, after thirty (b30) If the parties days, Landlord and Tenant are unable to reach agreement within 30 days after Landlord receives Tenant's Noticeon the Renewal Rate, Landlord and Tenant shall, within 40 days after then this Lease shall terminate on the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports last day of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, initial Term and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension Term of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns shall not be extended pursuant to subparagraph 22(b)this Article 27.

Appears in 1 contract

Sources: Industrial Space Lease (Dj Orthopedics Inc)

Option to Extend. Landlord hereby grants to Tenant the option to renew this lease for an additional term of five (a5) years, upon the then prevailing rental rate and terms and conditions then offered by Landlord for new leases of comparable space within the Building, provided that Tenant shall have two options not be in default under this lease at the time that the option is exercised, and at any time from Tenant’s exercise of the option to extend the Lease commencement date of the extended term. This option must be exercised by written notice to Landlord, accompanied by payment of the first month’s rental for consecutive ten year periods the extended term, no later than twelve (each an “Extended Term”12) upon months prior to the expiration of the original lease term. Landlord shall, on request of Tenant advise Tenant in writing no later than 13 months prior to expiration of the Lease term, of the then current Term, at a Minimum Rent prevailing rental rate and terms and conditions operative under this paragraph. The adjusted base rental shall be equal to the then-market then prevailing rental raterate for comparable space within the Building; and in no event shall the base rent be less than the rent, as escalated pursuant to the terms of this Lease, due and payable during the last month immediately preceding the commencement date of the extended term. If Tenant shall disagrees with the rental rate stated in Landlord’s notice, Tenant may give Landlord written notice no later than ten (10) business days following its receipt of ▇▇▇▇▇▇'s intent Landlord’s notice of its election to exercise have such rental rate determined by arbitration, which notice shall state the rental rate suggested by Tenant's option to extend the Lease on or before 180 . Within ten (10) business days prior to the Expiration Date of the then applicable term. Upon after Landlord’s receipt of such notice, Landlord and Tenant shall have 30 days to agree on each appoint an experienced commercial leasing broker, and the market rate for Minimum Rent to be charged during the applicable Extended Term. appointed brokers shall within three (b3) If the parties are unable to reach agreement within 30 business days after Landlord receives Tenant's Noticetheir appointment, jointly appoint a single broker. Each of said brokers shall be informed of the rental rate proposed by Landlord and Tenant, and each of them shall select the rate which he or she deems the prevailing rate within five (5) business days following the selection of the third broker. The rate selected by a majority of the brokers shall be the rate used for the option term. Each party shall pay the fee of the broker selected by such party and one half of the fee of the third broker. If Tenant shallinvokes arbitration, Tenant shall notify Landlord in writing within 40 five (5) business days after the date Landlord receives Tenant's Noticebrokers’ decision is made, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt whether or not Tenant elects to agree upon the market rental rate applicable to the Premisesexercise its option hereunder. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option have no right to extend will be the term of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at beyond the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)additional term set forth above.

Appears in 1 contract

Sources: Sublease Agreement (PRN Corp)

Option to Extend. (a) Tenant shall have two options to extend the Lease for consecutive ten year periods one (each an “Extended Term”I) upon expiration of the then current Term, at a Minimum Rent equal to the then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days Term for a period of five (5) years (the "Extension Period"). Tenant must provide written notice of its intent to extend the Lease Term to Landlord twelve (12) months prior to the Expiration Date expiration of the Lease Term. If Tenant exercises such ` option, The Base Rent for the Extension Period shall be 95% of the then applicable termfair market rent for first class office space in the Lowell/Chelmsford area, but not less than the current Base Rent. Upon receipt Within 30 days after receiving such notice from Tenant, Landlord shall give written notice to Tenant of Landlord's determination of the Fair Market Rent. If Landlord and Tenant are unable to agree on the Fair Market Rent within such notice30-day period, the Fair Market Rent shall be determined according to the following procedures: (a) At any time after such 30-day period, Landlord and Tenant each shall have the right, by written notice (a "Notice of Arbitration") to the other, to demand arbitration of the calculation of the Fair Market Rent. The party demanding arbitration (the "first party") shall appoint an arbitrator in the Notice of Arbitration. Within seven days after the Notice of Arbitration is given, the other party (the "second party") shall by notice to the first party appoint a second arbitrator. If the second party fails to appoint a second . arbitrator within such seven-day period, the position taken by the first party shall be deemed to be the correct determination of the Fair Market Rent. (b) Within seven days after the designation of the second arbitrator, Landlord and Tenant shall have 30 days submit their respective positions with respect to agree on the market rate for Minimum determination of the Fair Market Rent to the two arbitrators. Within fourteen days after the designation of the second arbitrator, the two arbitrators shall conduct such hearings and investigations as they deem appropriate, and each shall give written notice to the other and Landlord and Tenant of its determination the Fair Market Rent. If one (and only one) arbitrator fails to give such notice within such fourteen-day period, the other arbitrator's determination shall be charged during the applicable Extended TermFair Market Rent. If the greater of such determinations is not more than five percent greater than the lesser of such determinations, the Fair Market Rent shall be the average of the two such determinations. (bc) If the parties are unable to reach agreement Fair Market Rent is not determined in accordance with the immediately preceding paragraph, the two arbitrators shall, within 30 such 3.0 days after the designation of the second arbitrator, designate a third arbitrator. If the two arbitrators fail to agree upon the designation of a third arbitrator within such 30-day period, then they or either of them shall give notice of such failure to agree to Landlord receives Tenant's Noticeand Tenant within such 30-day period. If Landlord and Tenant fail to agree upon the selection of a third arbitrator within seven days after the arbitrators give such notice, then either party on behalf of both may apply to the president of the Greater Boston Real Estate Board. or, on his or her failure, refusal or inability to act, to a court of competent jurisdiction, for the designation of such third arbitrator. (d) Within seven days after the designation of the third arbitrator, Landlord and Tenant shall, within 40 shall submit their respective positions with respect to the determination of the Fair Market Rent to the third arbitrator. Within fourteen days after the date Landlord receives Tenant's Noticedesignation of the third arbitrator, each appoint a broker the third arbitrator shall conduct such hearings and investigations as he or she may deem appropriate and shall give written notice to .Landlord and Tenant of its determination of the Fair Market Rent. If the greatest of the determinations of the three arbitrators is more than ten percent greater than the middle such determination, then, such greatest determination shall be disregarded. If the least of the determinations of the three arbitrators is more than ten percent less than the middle such determination, then such least determination shall be disregarded. If the greatest and least such determinations are both disregarded, the middle such determination shall be the Fair Market Rent; otherwise, the Fair Market Rent shall be the average of any such determinations not so disregarded. ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectivelye) All arbitrators shall be qualified real estate professionals who is knowledgeable in commercial property values shall have had at least ten years of experience appraising first-class buildings substantially similar to the Building in the Lowell/Chelmsford area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear be entitled to present evidence to the cost arbitrators in support of its Rent Broker their respective positions. The arbitrators shall not make any determination inconsistent with the terms of thus Lease. The arbitrators shall not have the power to add to, modify or change any of the provisions of this Lease. The determination of the arbitrators) shall be conclusive and shall share equally have the cost same force as a judgment in a court of competent jurisdiction. Judgment on the Additional Rent Brokerdetermination made by the arbitrator(s) under the foregoing provisions may be entered in any court of competent jurisdiction. (cf) This option to extend will Each party shall pay the fees, costs and expenses of the arbitrator appointed by such party and of the attorneys and expert witnesses of such party and one-half of the other fees, costs and expenses of arbitration properly incurred under this Lease. (g) If the Fair Market Rent shall not be determined before the end of no further force and effect if Tenant does not timely exercise its optionthe initial Lease Term, then, as of the beginning of the Extension Period, Tenant does not timely accept shall continue to pay Base Rent at the Rent Notice, or Tenant is rate in default effect under this Lease during the last year of the initial Lease Term until the Fair Market Rent is determined in accordance with this Section 3.4. Within 30 days after notice and time such determination, Tenant shall pay to cure at Landlord the time it exercises difference, if any, between (i) the Base Rent, as determined in accordance with this option. If ▇▇▇▇▇▇ accepts the Rent NoticeSection 3.4, ▇▇▇▇▇▇ will execute an amendment to due under this Lease so confirming during the extension period from the commencement of the Lease Extension Period until the date of such payment and (ii) the new Minimum Base Rent within 30 days of receipt of the same from Landlord. This option is personal to the named actually paid by Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)during such period.

Appears in 1 contract

Sources: Lease (Datawatch Corp)

Option to Extend. (a) So long as Tenant is not in material default under the terms of the Lease, Tenant shall have two options the right to extend the term of the Lease for consecutive ten year periods two (2) additional terms of five (5) years each an (the Extended Extension Terms”). Tenant agrees to notify Landlord in writing of Tenant’s intent to renew not more than twenty-four (24) and not less than eighteen (18) months prior to the Lease Termination Date (or if during the first such Extension Term”) upon expiration , the termination of the then current Term, at a Minimum Rent lease term). The rental rate during the Extension Terms shall be equal to the then-market rental rate. Tenant shall give Landlord written notice of then Fair Market Rental Rate (adjusted for lease concessions) for comparable space located in Lower ▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date of the then applicable term. Upon receipt of such notice, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ , Seattle, Washington. Within thirty (30) days following Tenant’s notice to Landlord of Tenant’s desire to extend the Lease, Landlord shall notify Tenant of the proposed Extended Term Base Rent, which shall be equal to the then Fair Market Rental Rate of the Premises. Fair Market Rental Rate shall be defined as the annual Base Rent (projected in reference to the date of the commencement of the payment of annual rental to which it applies) which Tenant would expect to pay and ▇▇▇▇▇▇'s Rent BrokerLandlord would expect to receive under leases of space of comparable size and quality to the Premises and as provided for in and on terms and conditions comparable to, this Lease covering premises similar to the Premises. Landlord and Tenant shall each bear the cost have thirty (30) days following receipt of its Rent Broker and shall share equally the cost Landlord’s notice of the Additional Rent Broker. proposed Extended Term Base Rent, in which to accept such determination; or to agree with Landlord on a stipulated Fair Market Rental Rate. If Tenant notifies Landlord, within the aforesaid thirty (c30) This day period, that Tenant disputes the Prevailing Market Rate quoted by Landlord, the parties shall, during the following thirty (30) days, negotiate in good faith to determine the Extended Term Base Rent. If within said thirty-day period the parties are unable to agree on the Extended Term Base Rent, then within ten (10) days thereafter, each party shall select a qualified appraiser experienced in appraising commercial rental properties in the vicinity of The Premises, who shall submit appraisals for the Premises within thirty (30) days of their appointment. If the difference between the appraisals is five percent (5%) or less, the Prevailing Market Rate shall be determined to be the average of the two appraisals. If the difference is greater than five percent (5%), then the two appraisers shall select a third qualified appraiser who shall submit an appraisal within the thirty (30) days following the submission of the first appraisals. The Prevailing Market Rate shall then be the average of the two (2) closest appraisals. The fees of each appraiser shall be paid by the party appointing the appraiser and the fees of the third appraiser, if any, shall be shared equally by the parties. The option to extend will shall be void if, at the time of no further force and effect if Tenant does not timely exercise its of such option, Tenant does is not timely accept in possession of the Rent Notice, Premises or Tenant is in default under this Lease after or if Tenant fails to deliver the requisite notice and time to cure at thereof within the time it exercises period specified above. The option granted herein shall not be severed from this option. If ▇▇▇▇▇▇ accepts the Rent NoticeLease, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)separately sold, assigned, or transferred.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Option to Extend. If Tenant is not in default at the time Tenant gives notice of its desire to renew or at the commencement of the Renewal Term, Tenant may renew the Lease for one (1) additional period of FIVE (5) years (the “Renewal Term”), by delivering written notice of the exercise thereof to Landlord not earlier than fifteen (15) months nor later than twelve (12) months before the expiration of the Lease Term. (a) Tenant The Base Rent payable for each month during the Renewal Term shall have two options to extend be the Lease for consecutive ten year periods prevailing rental rate (each an the Extended TermPrevailing Rental Rate) upon expiration ), at the commencement of the then current Renewal Term, at a Minimum Rent equal for space in the Project, or comparable buildings in vicinity of the Project, of equivalent quality, size, utility and location, with the length of the Renewal Term. Within thirty (30) days after receipt of Tenant’s notice to the then-market rental rate. renew, Landlord shall deliver to Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date proposed Prevailing Rental Rate and shall advise Tenant of the then applicable termproposed adjustment to Base Rent, if any. Upon Tenant shall, within ten (10) days after receipt of such Landlord’s notice, notify Landlord and in writing whether Tenant shall have 30 accepts or rejects Landlord’s determination of the Prevailing Rental Rate. Tenant shall, within ten (10) days to agree on after receipt of Landlord’s notice, notify Landlord in writing whether Tenant accepts or rejects Landlord’s determination of the market rate for Minimum Rent to be charged during the applicable Extended TermPrevailing Rental Rate. (b) If Tenant rejects Landlord’s determination of the parties are unable to reach agreement Prevailing Rental Rate, Tenant may notify Landlord, within 30 ten (10) days after Landlord receives delivers notice of the Prevailing Rental Rate to Tenant's Notice, of the rental rate that Tenant asserts as the Prevailing Rental Rate (“Tenant’s Rate”) applicable hereunder. Thereafter, each party shall, within ten (10) days after the Tenant submits Tenant’s Rate, designate by written notice to the other party one (1) qualified real estate broker of good reputation, having at least five (5) years’ experience in the Fremont metropolitan area real estate market. The two (2) brokers so designated shall, together immediately select a third (3rd) similarly qualified broker and within twenty (20) days after such selection, each of the three (3) brokers shall independently and simultaneously make a determination as to what each believes to be the Prevailing Rental Rate. The Prevailing Rental Rate for purposes of the renewal term shall be the average of the two (2) closest (to each other) determinations of the Prevailing Rental Rate as asserted by the three (3) brokers. Each party shall bear the costs and fees of the broker they select and the costs and fees of the third (3rd) broker shall be shared equally by the Landlord and Tenant. If Tenant timely notifies Landlord that Tenant accepts Landlord’s determination of the Prevailing Rental Rate or the Prevailing Rental Rate is determined as provided above, then, on or before the commencement date of the Renewal Term, Landlord and Tenant shall, within 40 days after shall execute an amendment to the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values Lease extending the Term on the same terms provided in the area in which the Premises are locatedLease, and Landlord's except as follows: (A) Base Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable be adjusted to the Premises. If Landlord's Rent Broker Prevailing Rental Rate; and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker"B) with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Brokerhave no further renewal option unless expressly granted by Landlord in writing. (c) This option If Tenant fails to extend will be timely notify Landlord in writing that Tenant accepts or rejects Landlord’s determination of the Prevailing Rental Rate, time being of the essence with respect thereto, Tenant’s rights under this Section 3.6 shall terminate and Tenant shall have no further force and effect right to renew the Lease. Tenant’s rights under this Section 3.6 shall terminate if (1) the Lease as amended by this Amendment or Tenant’s right to possession of the Total Premises is terminated, or (2) Tenant does not fails to timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default option under this Lease after notice and Section 3.6, time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension being of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal essence with respect to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)Tenant’s exercise thereof.

Appears in 1 contract

Sources: Lease (Spectranetics Corp)

Option to Extend. a. Provided that as of the time of the giving of the Extension Notice and the Commencement Date of the Extension Term, (ai) Tenant is the Tenant originally named herein, (ii) Tenant actually occupies all of the Premises initially demised under this Lease and any space added to the Premises, and (iii) no Event of Default exists or would exist but for the passage of time or the giving of notice, or both; then Tenant shall have two options the right to extend the Lease Term for consecutive ten year periods one (each an 1) additional term of five (5) years (such additional term is hereinafter called the Extended Extension Term”) upon expiration commencing on October 1, 2007 (hereinafter referred to as the “Commencement Date of the then current Extension Term, at a Minimum Rent equal to the then-market rental rate”). Tenant shall give Landlord written notice (hereinafter called the “Extension Notice”) of ▇▇▇▇▇▇'s intent its election to extend the term of the Lease Term no later than April 1, 2007. b. The Base Rent payable by Tenant to Landlord during the Extension Term shall be the greater of (i) the Base Rent in effect as of the expiration of September 30, 2007, or (ii) 95% of the then prevailing market rate for comparable space in the Property and comparable buildings in the vicinity of the Property taking into account the size of the Lease, the length of the renewal term, market escalations and the credit of Tenant. The Base Rent shall not be reduced by reason of any costs or expenses saved by Landlord by reason of Landlord’s not having to find a new tenant for such premises (including, without limitation, brokerage commissions, costs of improvements, rent concessions or lost rental income during any vacancy period). In the event Landlord and Tenant fail to reach an agreement on such rental rate and execute the Amendment (defined below) by June 1, 2007, then Tenant’s exercise of this renewal option shall be deemed withdrawn and the Lease shall terminate on its original expiration date. c. The determination of Base Rent does not reduce the Tenant's option ’s obligation to pay or reimburse Landlord for Additional Rent and other reimbursable items as set forth in the Lease, and Tenant shall reimburse and pay Landlord as set forth in the Lease with respect to such Additional Rent and other items with respect to the Premises during the Extension Term without regard to any cap on such expenses set forth in the Lease. d. Except for the Base Rent as determined above, Tenant’s occupancy of the Premises during the Extension Term shall be on the same terms and conditions as are in effect on September 30, 2007; provided, however, Tenant shall have no further right to any allowances, credits or abatements or any options to expand, contract, terminate, renew or extend the Lease. e. If Tenant does not give the Extension Notice within the period set forth in Paragraph (a) above, Tenant’s right to extend the Lease on or before 180 days prior Term shall automatically terminate. Time is of the essence as to the Expiration giving of the Extension Notice. f. Landlord shall have no obligation to refurbish or otherwise improve the Premises for the Extension Term. The Premises shall be tendered on the Commencement Date of the Extension Term in “as-is” condition. g. If the Lease is extended for the Extension Term, then applicable term. Upon receipt of such notice, Landlord shall prepare and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this the Lease so confirming the extension of the Lease Term and the new Minimum Rent within 30 days of receipt other provisions applicable thereto (the “Amendment”). h. If Tenant exercises its right to extend the term of the same from Landlord. This option is personal Lease for the Extension Term hereunder, the term “Lease Term” as used in the Lease, shall be construed to include, when practicable, the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)Extension Term except as provided in Paragraph (d) above.

Appears in 1 contract

Sources: Lease Agreement (Shutterfly Inc)

Option to Extend. (a) Tenant shall have two options to Tenant, at its option, may extend the Term of this Lease for consecutive ten year periods one further period (each an “Extended Term”) upon expiration of five (5) years, commencing on April 1, 2005 and expiring on March 31, 2010. The option for such extension may be exercised by Tenant by giving written notice thereof to Landlord not earlier than October 1, 2003, nor later than March 31, 2004, provided that at the time of such notice and on the Expiration Date, Tenant shall not be in Default (as defined in Section 7.1) in the performance of any of the then current Termterms and provisions of this Lease beyond any applicable grace periods. The Extended Term shall be on like terms, at a Minimum Rent covenants, agreements, provisions, conditions and limitations as are contained herein, except for the provisions hereof that are by their terms applicable exclusively during the original Term (including this extension option) and except further that the rental payable by Tenant during the Extended Term shall be equal to the then-fair market rental rateof the Premises as of the date of Tenant’s exercise of the extension option. Landlord and Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent negotiate in good faith to agree upon such fair market rental, but if the parties are not able to agree within 30 days after Tenant’s exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date of the then applicable term. Upon receipt extension option (the “Negotiation Period”), the fair market rental of such noticethe Premises shall be conclusively determined as follows: Within ten (10) business days after the end of the Negotiation Period, Landlord and Tenant shall have 30 days each, by written notice to agree on the market rate for Minimum Rent to be charged other party, (1) designate a licensed real estate broker, having substantial experience during the applicable Extended Term. prior five years in leasing office space in Washington D.C. (ba “Qualified Broker”) If and (2) set forth such party’s opinion (the parties are unable “Landlord’s Opinion” or the “Tenant’s Opinion”) as to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the fair market rental rate applicable to of the Premises. If either party fails to timely designate a Qualified Broker, the one Qualified Broker who has been designated shall select either the Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement ’s Opinion or the Tenant’s Opinion as the fair market rental of the Premises. If two Qualified Brokers have been timely designated, those two Qualified Brokers shall, within 70 ten (10) days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports designation of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office later of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties)two, designate the Additional Rent a third Qualified Broker, and thereafter the Additional Rent Broker so designated three Qualified Brokers shall, for all purposesby majority vote, have select either the same standing and powers Landlord’s Opinion or the Tenant’s Opinion as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Brokerfair market rental of the Premises (with no right to make any other determination). The fair market rental of the Premises determined pursuant to this Section 1.6 shall be binding upon both Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent BrokerTenant. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b).

Appears in 1 contract

Sources: Office Lease (Blackboard Inc)

Option to Extend. (a) Provided Tenant is not in default under the Lease as amended hereby (after any applicable notice and lapse of applicable cure periods) as of the date of exercise or the end of the New Premises Term, Tenant shall have two options one (1) option to extend renew the Lease as amended hereby (“Renewal Option”) for consecutive ten year periods the entire Premises then leased by Tenant for one (each an 1) period of three (3) years (Extended Renewal Term”), exercisable by giving written notice thereof (“Renewal Notice”) upon to Landlord of its exercise of the Renewal Option no later than twelve (12) months prior to the expiration of the then current New Premises Term, at a Minimum . (b) The Base Rent equal payable for the Premises during the Renewal Term shall be adjusted to the then-market rental rateFair Market Rental Rate (as defined in Section 8(f) below) as of the commencement of the Renewal Term (“Renewal Term Commencement Date”). Landlord shall give Tenant written notice of Landlord’s determination of the Fair Market Rental Rate for the Renewal Term (“Landlord’s Statement”) within thirty (30) days after Landlord’s receipt of the Renewal Notice (but Landlord shall not be obligated to do so earlier than twelve (12) months prior to expiration of the New Premises Term). Within fifteen (15) days after Tenant’s receipt of Landlord’s Statement (“Tenant’s Review Period”), Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent its election to exercise Tenant's option either (a) accept the Fair Market Rental Rate set forth in Landlord’s Statement or (b) reject Landlord’s Statement and request that the Fair Market Rental Rate be determined by arbitration pursuant to extend the Lease on or before 180 days Section 8(c); provided, however, that prior to submitting the Expiration Date matter to arbitration as herein provided, the parties shall first attempt in good faith to resolve their differences in the determination of the then applicable term. Upon Fair Market Rental Rate for a period of thirty (30) days following Landlord’s receipt of Tenant’s notice of its rejection of Landlord’s statement. If Tenant fails to give Landlord notice of its acceptance or rejection of Landlord’s Statement by the expiration of Tenant’s Review LEGAL\45488233\8 Period, then such noticefailure shall be deemed to be Tenant’s acceptance of the Fair Market Rental Rate set forth in Landlord’s Statement. (c) If Tenant gives Landlord notice that it elects arbitration pursuant to Section 8(b), and the parties have failed to resolve their differences within the required thirty (30) days thereafter, then, in order to determine the Fair Market Rental Rate, on the day that is the thirty-fifth (35th) day after Landlord’s receipt of Tenant’s written notice of election to arbitrate, Landlord and Tenant shall have 30 days each simultaneously submit to agree on the market rate for Minimum Rent other in writing its good faith estimate of the Fair Market Rental Rate (“Good Faith Estimates”). If the higher of the Good Faith Estimates is not more than one hundred and five percent (105%) of the lower of the Good Faith Estimates, the Fair Market Rental Rate in question shall be deemed to be charged during the applicable Extended Term. (b) If average of the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premisessubmitted rates. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable otherwise, then the rate shall be set by arbitration to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Noticebe held in Santa Monica, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") California in accordance with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office Real Estate Valuation Arbitration Rules of the American Arbitration Association Association, except that the arbitration shall be conducted by a single arbitrator selected as follows. Within five (or5) business days after the simultaneous submittal by Landlord and Tenant of their respective Good Faith Estimates, if such organization or its successor each shall no longer be in existence, designate a recognized national arbitration association mutually satisfactory and independent real estate broker who shall have at least ten (10) years’ experience in the leasing of properties similar to both parties), designate and in the Additional Rent Broker, and vicinity of the Additional Rent Broker Project. The two individuals so designated shall, for all purposeswithin ten (10) business days after the last of them is designated, have appoint a third independent broker possessing the same standing aforesaid qualifications to be the single arbitrator, and powers if they are unable to do so, then the selection shall be made by an arbitrator selected at random by the American Arbitration Association under the Commercial Rules of Arbitration (which arbitrator shall be a real estate lawyer practicing in the greater Los Angeles area with at least ten (10) years of experience in the field of leasing). The third arbitrator so selected shall, alone, pick one of the two Good Faith Estimates, being the Good Faith Estimate that is closer to the Fair Market Rental Rate as though determined by the Additional Rent Broker had been initially appointed arbitrator using the definition set forth in Section 8(f). The parties agree to be bound by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ the decision of the arbitrator, which shall be final and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker non-appealable, and shall share equally the cost costs of arbitration, and judgment upon the Additional Rent Brokeraward rendered by the arbitrator may be entered in any court having jurisdiction thereof. (cd) This option to extend will be of no further force and effect if Tenant does not timely exercise its optionDuring the Renewal Term, Tenant does shall continue to pay Additional Rent in accordance with the provisions of the Lease, as amended hereby. (e) The Renewal Option set forth in this Article 8 is personal to Entravision Communications Corporation (“Original Tenant”), and may not timely accept the Rent Noticebe assigned, transferred or Tenant is conveyed to any party, except in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute connection with an amendment to this Lease so confirming the extension assignment of the Lease and the new Minimum Rent within 30 days of receipt in its entirety to an Affiliate pursuant to Section 14.7 of the Original Lease, and may be exercised only if Original Tenant or its Affiliate occupies the entire Premises, without sublease or assignment to any other party. (f) As used herein, the phrase “Fair Market Rental Rate” shall mean the fair market value rental rate that a comparable tenant would pay and a comparable landlord would accept in an arm’s length transaction, for delivery on or about the applicable delivery or effective date, for non-renewal, non-expansion space in the Project and in Comparable Buildings (as defined in Section 1.1.3 of the Original Lease) (“Comparable Transactions”), provided that any Comparable Transactions in the Project or in Phase II during the preceding 12 month period will be given the most weight in determining the Fair Market Rental Rate when comparing the rental LEGAL\45488233\8 rates accepted by owners of the Comparable Buildings. In any determination of Comparable Transactions, appropriate consideration shall be given to (i) rental rates per rentable square foot, the standard of measurement by which the rentable square footage is measured, the ratio of rentable square feet to usable square feet, (ii) the type of escalation clauses (including without limitation, operating costs, real estate tax allowances or base year and rental adjustments), (iii) rental abatement or free rent concessions, if any, (iv) brokerage commissions, (v) the length of the term, (vi) the size and location of the premises being leased, (vii) building standard work letters and/or tenant improvement allowances, if any, (viii) the date as of which the Fair Market Rental Rate is to become effective, and (ix) other generally applicable terms and conditions of tenancy for such Comparable Transactions. The intent is that Tenant will obtain the same from Landlord. This option is personal to rent and other economic benefits that Landlord would otherwise give in Comparable Transactions and that Landlord will make, and receive the named Tenant same economic payments and its permitted successors concessions that Landlord would otherwise make, and assigns pursuant to subparagraph 22(b)receive in Comparable Transactions.

Appears in 1 contract

Sources: Lease (Entravision Communications Corp)

Option to Extend. Upon expiration of the primary term of this Lease, Tenant is granted an option to extend the term of this Lease for one (a1) additional sixty (60) month period, upon the same terms and conditions as are included in this Lease, subject, however, to renegotiation of the rent provided in paragraph 4 of this Lease. The primary term and the extension terms will be collectively referred to in this Lease as the “term.” Tenant shall have two notify Landlord within not less than one hundred twenty (120) days prior to the expiration of the primary term of this Lease or prior to the expiration of each extension term of Tenant’s exercise of its option to extend this Lease, provided that in the circumstances described in paragraph 13, the options to extend the Lease for consecutive ten year periods (each an “Extended Term”) upon expiration of term may be exercised earlier as provided in paragraph 13, and if the then current Term, at a Minimum Rent equal to the then-market rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend is exercised earlier as provided in paragraph 13, nevertheless, the Lease on rental payable as provided in paragraph 4 shall be determined at the time and in the manner provided in paragraph 4 and this paragraph 3. During the following sixty (60) day period, Tenant and Landlord shall negotiate and arrive at an agreement or before 180 days prior to the Expiration Date disagreement of the then amount of rent to be paid during the applicable extension term. Upon receipt of such noticeIf Landlord and Tenant agree upon the rent to be paid during the applicable extension term, Landlord and Tenant shall have 30 days at the end of the sixty (60) day period enter into a new written lease or an amendment agreement setting forth the amount of rental Tenant shall be required to agree on the market rate pay pursuant paragraph 4 for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable extension term and any other additional terms to reach agreement within 30 days after Landlord receives Tenant's Notice, which Landlord and Tenant shall, within 40 days after the date have agreed. If Tenant and Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt fail to agree upon the rent to be paid during the applicable extension term during the sixty (60) day period of negotiations, a fair market rental rate appraisal comparison of comparable properties will be completed by an independent party upon which the Landlord and Tenant may use to negotiate the amount of rent to be paid during the applicable to the Premisesextension term. If Landlord's Rent Broker Tenant and ▇▇▇▇▇▇'s Rent Broker are unable Landlord fail to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Brokerrent to be paid during the applicable extension term during the sixty (60) day period of negotiations, either Landlord or Tenant may request that may, by written notice to the local office other party given within the ensuing thirty (30) day period, elect to invoke the arbitration provisions of this Lease to determine the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and rent Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option be required to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pay pursuant to subparagraph 22(b)paragraph 4 for the applicable extension term.

Appears in 1 contract

Sources: Lease Agreement (Rightnow Technologies Inc)

Option to Extend. (a) 34.1 Tenant shall have two options has the right to extend the term of this Lease for consecutive ten two (2) five (5) year periods under the same terms and conditions existing in the original Lease (each an except for Basic Annual Rent) by Tenant giving written notice to Landlord (Extended TermNotice of Exercise”) upon expiration no later than twelve (12) months prior to the end of the then current Term, at a Minimum term (“Extension Periods”). The Basic Annual Rent for the Extension Periods shall be equal to ninety-five percent (95%) of the then-fair market value for rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days Premises (“Market Rent”) measured nine (9) months prior to the Expiration Date commencement of any Extension Period. Within ten (10) days after a Notice of Exercise, Landlord shall propose a Market Rent from which the Basic Annual Rent for an Extension Period will be calculated. If Tenant does not approve of Landlord’s proposed Market Rent, Tenant shall provide Landlord a counter-proposal of Market Rent within ten (10) days after receipt of Landlord’s initial proposal. If the parties cannot agree on a Market Rent within ten (10) days after Tenant’s initial counter-proposal, then Market Rent shall be determined by the procedure set forth in Section 34.2. 34.2 If the parties cannot agree on Market Rent pursuant to Section 34.1, then the Market Rent of the then applicable term. Upon receipt Premises shall be established promptly thereafter by the following appraisal method: Within ten (10) days after failure of such noticethe parties to agree on the Market Rent, Landlord and Tenant shall have 30 days each appoint an appraiser to agree appraise the rental value of the Premises based on the market rate for Minimum Rent terms set forth in this Lease (“Appraisal”) by delivering the appraiser’s name to the other party. Each appraiser shall be charged during the applicable Extended Term. an MAI appraiser with at least ten (b10) If the parties are unable years experience appraising rental values of similar properties in San Diego County, California (“Qualified Appraiser”). Failure by either party to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each timely appoint a broker Qualified Appraiser shall be deemed an acceptance of the other party’s most recently delivered proposed Market Rent, but only after written notice to such party of such party’s failure to appoint a Qualified Appraiser and ten ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively10) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days have elapsed after the date of Landlord's receipt such written notice with such failure to appoint continuing. Each party’s Qualified Appraiser shall perform an Appraisal of Tenant's Notice, they shall, within 80 days the Premises and each party’s Qualified Appraiser shall deliver such appraisal to the other Qualified Appraiser and the other party on the fifteenth (15th) calendar day after the date of Landlord's receipt of Tenant's Notice, appoint an additional last Qualified Appraiser was appointed. If each Appraisal is timely provided and the Market Rent Broker ("Additional Rent Broker") with set forth in the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports lower of the market rental rate applicable to two Appraisals is at least ninety-five percent (95%) of the higher appraisal, then the Market Rent of the Premises to shall be the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office average of the American Arbitration Association two (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties2), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b).

Appears in 1 contract

Sources: Purchase Agreement (Ligand Pharmaceuticals Inc)

Option to Extend. (a) So long as Tenant is not in material default under the terms of the Lease, Tenant shall have two options the right to extend the term of the Lease for consecutive ten year periods two (2) additional terms of five (5) years each an “Extended Term”(the "Extension Terms"). Tenant agrees to notify Landlord in writing of Tenant's intent to renew at twelve (12) upon expiration months prior to the termination of the then current Term, at a Minimum Rent lease term. The rental rate during the Extension Terms shall be equal to the then-market rental rate. Tenant shall give Landlord written notice of then Fair Market Rental Rate (adjusted for lease concessions) for comparable space located in Lower ▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date of the then applicable term. Upon receipt of such notice, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ , Seattle, Washington. Within thirty (30) days following Tenant's notice to Landlord of Tenant's desire to extend the Lease, Landlord shall notify Tenant of the proposed Extended Term Base Rent, which shall be equal to the then Fair Market Rental Rate of the Premises. Fair Market Rental Rate shall be defined as the annual Base Rent (projected from the date of the commencement of the payment of annual rental to which it applies) which Tenant would expect to pay and ▇▇▇▇▇▇'s Rent BrokerLandlord would expect to receive under leases of space of comparable size and quality to the Premises and as provided for in and on terms and conditions comparable to, this Lease covering premises similar to the Premises. Landlord and Tenant shall each bear the cost have thirty (30) days following receipt of its Rent Broker and shall share equally the cost Landlord's notice of the Additional proposed Extended Term Base Rent, in which to accept such determination; or to agree with Landlord on a stipulated Fair Market Rental Rate. If Tenant notifies Landlord, within the aforesaid thirty (30) day period, that Tenant disputes the Prevailing Market Rate quoted by Landlord, the parties shall, during the following thirty (30) days, negotiate in good faith to determine the Annual Base Rent Broker. for the renewal Term. If within said thirty-day period the parties are unable to agree on the Annual Base Rent, then within ten (c10) This days thereafter, each party shall select a qualified appraiser experienced in appraising commercial rental properties in the vicinity of the Building, who shall submit appraisals for the Premises within thirty (30) days of their appointment. If the difference between the appraisals is five percent (5%) or less, the Prevailing Market Rate shall be determined to be the average of the two appraisals. If the difference is greater than five percent (5%), then the two appraisers shall select a third qualified appraiser who shall submit an appraisal within the thirty (30) days following the submission of the first appraisals. The Prevailing Market Rate shall then be the average of the two (2) closest appraisals. The fees of each appraiser shall be paid by the party appointing the appraiser and the fees of the third appraiser, if any, shall be shared equally by the parties. The option to extend will shall be void if, at the time of no further force and effect if Tenant does not timely exercise its of such option, Tenant does is not timely accept in possession of the Rent Notice, Premises or Tenant is in default under this Lease after or if Tenant fails to deliver the requisite notice and time to cure at thereof within the time it exercises period specified above. The option granted herein shall not be severed from this option. If ▇▇▇▇▇▇ accepts the Rent NoticeLease, ▇▇▇▇▇▇ will execute an amendment to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)separately sold, assigned, or transferred.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Option to Extend. Tenant is given the option to extend the term of ---------------- the Lease on all the terms and conditions contained herein, except the minimum monthly rent, for one (a1) three (3) year period (the "Extended Term") following the expiration of the initial term, by giving notice of exercise of the option ("Option Notice") to Landlord at least five (5) months but not more than nine (9) months before the expiration of the initial term. Provided that, if Tenant is in default on the date of giving the Option Notice, at Landlord's election, the Option Notice shall be ineffective, or if Tenant is in default on the date the Extended Term is to commence, at Landlord's election, the Extended Term shall not commence, and this Lease shall expire at the end of initial term. The parties shall have sixty (60) days after Landlord receives the Option Notice in which to agree on the applicable rental for the Extended Term. If the parties agree to the applicable rental within said 60 days, they shall immediately execute an amendment to this Lease stating the applicable rental for the Extended Term. If the parties are unable to agree on the applicable rental for the Extended Term within said 60 days, then within ten (10) days thereafter, each party, at its cost, and by giving notice to the other party, shall appoint a real estate appraiser who is a member in good standing of the American Institute of Real Estate Appraisers ("MAI") with at least five (5) years full time commercial appraisal experience in the Sacramento County area, to render an opinion as to the market rental to apply during the Extended Term. If a party fails to appoint an appraiser within 10 days after the other party has given notice of the name of its appraiser, the single appraiser so appointed shall be the sole appraiser and shall set the applicable rental for the Extended Term. If two appraisers are appointed as provided above, they shall meet promptly and attempt to set the applicable rental for the Extended Term. If the appraisers are unable to agree to the applicable rental within thirty (30) days, they shall, within ten (10) days thereafter, submit their respective opinions as to what the applicable rental should be to Landlord. In such event the rent schedule last proposed in writing by Landlord in its previous negotiations with Tenant shall be added together with each appraiser's rental schedule, and the total divided by three (3). If the only practical means of accomplishing the foregoing is to calculate the beginning rent in each case and divide it by 3, the quotient so determined shall be the beginning rental, which shall be subject to annual increases using the Consumer Price Index defined in Section 2 (h) of the Lease, published as the U.S. City Average. In no event shall the rental for the Extended Term be a flat rate rental for the entire Extended Term. If the Tenant objects to the rental schedule so determined, Tenant shall have two options the right to extend elect to have the Lease for consecutive ten year periods (each an “Extended Term”) upon expiration expire at the end of the then current initial term, provided Tenant pays for all the costs incurred in connection with the appraisal procedure used to set the rental schedule for the Option Term, at a Minimum Rent equal to the then-market rental rateincluding attorney's fees, if any. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent election to exercise Tenant's option to extend allow the Lease on to expire must be exercised, if at all, within ten (10) days after receipt of notice from Landlord or before 180 days prior to the Expiration Date appraisers, as the case may be, of the then applicable term. Upon receipt of such notice, Landlord and Tenant shall have 30 days to agree on the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's Notice, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree upon the market rental rate applicable to the Premises. If Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent schedule for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Broker, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers Extended Term as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. Landlord and Tenant shall each bear the cost of its Rent Broker and shall share equally the cost of the Additional Rent Broker. (c) This option to extend will be of no further force and effect if Tenant does not timely exercise its option, Tenant does not timely accept the Rent Notice, or Tenant is in default under this Lease after notice and time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment determined pursuant to this Lease so confirming the extension of the Lease and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)Paragraph 14.

Appears in 1 contract

Sources: Office Building Lease (Money Store Inc /Nj)

Option to Extend. Landlord grants to Tenant an option (athe “Option”) Tenant shall have two options to extend the Lease Term for consecutive ten year periods five (each an 5) additional years (the Extended TermExtension”) upon expiration on the same terms and conditions as set forth in this Lease, except that the Base Monthly Rent shall be adjusted on the first day of the then current Term, at a Minimum Rent equal Extension (the “Adjustment Date”) to the then-market “fair rental rate. Tenant shall give Landlord written notice of ▇▇▇▇▇▇'s intent to exercise Tenant's option to extend the Lease on or before 180 days prior to the Expiration Date value” of the then applicable term. Upon receipt of such noticePremises on the Adjustment Date as follows: 32.1 At least one hundred eighty (180) days before the Adjustment Date, Landlord and Tenant shall meet in an effort to negotiate, in good faith, the fair rental value of the Premises as of the Adjustment Date. If Landlord and Tenant have 30 not agreed upon the fair rental value of the Premises at least one hundred (100) days to agree on before the market rate for Minimum Rent to be charged during the applicable Extended Term. (b) If the parties are unable to reach agreement within 30 days after Landlord receives Tenant's NoticeAdjustment Date, Landlord and Tenant shall, within 40 days after the date Landlord receives Tenant's Notice, each appoint a broker ("Landlord's Rent Broker" and "Tenant's Rent Broker," respectively) who is knowledgeable in commercial property values in the area in which the Premises are located, and Landlord's Rent Broker and Tenant's Rent Broker shall attempt to agree in good faith upon a single appraiser not later than seventy-five (75) days before the market rental rate applicable to the Premises. Adjustment Date, If Landlord's Rent Broker Landlord and ▇▇▇▇▇▇'s Rent Broker Tenant are unable to reach agreement within 70 days after the date of Landlord's receipt of Tenant's Notice, they shall, within 80 days after the date of Landlord's receipt of Tenant's Notice, appoint an additional Rent Broker ("Additional Rent Broker") with the same qualifications and, within 15 days after such appointment, each of Landlord's Rent Broker and ▇▇▇▇▇▇'s Rent Broker will submit their respective written reports of the market rental rate applicable to the Premises to the Additional Rent Broker. Within 10 days thereafter, the Additional Rent Broker shall determine Minimum Rent for the extended term, which will be rate proposed by Landlord's Rent Broker or the rate proposed by Tenant's Rent Broker. If, within 80 days after ▇▇▇▇▇▇▇▇' s receipt of Tenant's Notice, Landlord's Rent Broker and Tenant's Rent Broker do not agree upon and designate the Additional Rent Brokera single appraiser within this time period, either Landlord or Tenant may request that the local office of the American Arbitration Association (or, if such organization or its successor shall no longer be in existence, a recognized national arbitration association mutually satisfactory to both parties), designate the Additional Rent Broker, and the Additional Rent Broker so designated shall, for all purposes, have the same standing and powers as though the Additional Rent Broker had been initially appointed by ▇▇▇▇▇▇▇▇'s ▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇'s Rent Broker. then Landlord and Tenant shall each appoint one (1) appraiser not later than sixty-five (65) days before the Adjustment Date. Within ten (10) days thereafter, the two (2) appointed appraisers shall appoint a third appraiser. If either Landlord or Tenant fails to appoint its appraiser within the prescribed time period, the single appraiser appointed shall determine the fair rental value of the Premises. If both parties fail to appoint appraisers within the prescribed time periods, then the first appraiser thereafter selected by a party shall determine the fair rental value of the Premises. Each party shall bear the cost of its Rent Broker own appraiser, and the parties shall share equally the cost of a single or third appraiser, if applicable. Each appraiser shall have at least ten (10) continuous years’ experience in the Additional Rent Brokerappraisal of Class A office buildings in Orange County, California and shall be a member of one or more professional organizations such as MAI or an equivalent. (c) This option 32.2 For purposes of such appraisal, “fair rental value” shall mean the price that a ready and willing tenant would pay, as of the Adjustment Date, as monthly rent to extend will be a ready and willing landlord of no further force and effect first class office business park space comparable to the Premises in Cypress if Tenant does not timely exercise its option, Tenant does not timely accept that property were exposed for lease on the Rent Notice, or Tenant is in default under this Lease after notice and open market for a reasonable period of time to cure at the time it exercises this option. If ▇▇▇▇▇▇ accepts the Rent Notice, ▇▇▇▇▇▇ will execute an amendment with a lease comparable to this Lease so confirming and with tenant improvements comparable to those in the extension Premises and taking into account visibility and frontage on major streets. If a single appraiser is chosen, then such appraisal shall determine the fair rental value of the Lease Premises. Otherwise, the fair rental value of the Premises shall be the arithmetic average of the two (2) of the three (3) appraisals which are closest in amount, and the third appraisal shall be disregarded. In no event shall there be any rent concession or tenant improvement allowance for the Extension term. Landlord and Tenant shall instruct the appraiser(s) to complete their determination of the fair rental value not later than thirty (30) days before the Adjustment Date. If the fair rental value is not determined before the Adjustment Date, then Tenant shall continue to pay to Landlord the monthly rent in effect immediately prior to such Extension, until the fair rental value is determined. When the fair rental value of the Premises is determined, Landlord shall deliver notice of that amount to Tenant, and Tenant shall pay to Landlord, within ten (10) days after receipt of such notice, the difference between the monthly rent actually paid by Tenant to Landlord and the new Minimum Rent within 30 days of receipt of the same from Landlord. This option is personal to the named Tenant and its permitted successors and assigns pursuant to subparagraph 22(b)monthly rent determined under this Section 32.

Appears in 1 contract

Sources: Lease Agreement (iRhythm Technologies, Inc.)