OPTION TO RENEW. Landlord hereby grants to Tenant the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date"). 1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except: A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount"). 2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder. 3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises. 4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 2 contracts
Sources: Industrial Space Lease (Atroad Inc), Industrial Space Lease (Atroad Inc)
OPTION TO RENEW. Landlord hereby grants (A) Subject to Tenant the provisions set forth below, the Lease Term may be renewed, at the option to renew of Tenant, for one (1) additional period of 60 months (the “Renewal Term”). The Renewal Term will be upon the same terms, covenants and conditions contained in this Lease, excluding the Work Letter Agreement, and except for an additional term the amount of five (5) years (Base Rent payable during the "Renewal Term") with . Any reference in this Lease to the option commencing on “Term” will be deemed to include the expiration Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant will be deemed to have accepted the Premises in “as-is” condition as of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either commencement of the Renewal Terms shall be on Term, it being understood that Landlord will have no obligation to renovate or remodel the same terms and conditions Premises or any portion of the Building as set forth in a result of Tenant’s renewal of this Lease. Tenant will have no renewal option beyond the Lease, except:aforesaid 60-month period.
A. That the rental for the Leased Premises (B) The initial Base Rent during the Renewal Term shall for the Premises will be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased at a rate equal to the rental amount determined in Paragraph 3 {Fair Market Rent (as defined below) for a term equal or comparable to the "increased Security Deposit Amount").
2Renewal Term and taking into account any Fair Market Allowance (as defined below) given. Tenant’s obligation to pay Tenant’s Share of Taxes and Expenses pursuant to this Lease will continue during the Renewal Term. If Tenant shall notify exercises the renewal option, Landlord will grant Tenant a Fair Market Allowance for construction of Tenant's exercise of its right tenant improvements to renew the Lease Premises for the Renewal Term only Term.
(C) Such option to renew will be exercised by giving Tenant by delivering its initial binding notice to Landlord written in which Tenant expresses its intention to exercise such option to renew (i) if the then existing Premises consists of the Premises initially leased hereunder, such notice not sooner shall be delivered to Landlord no later than nine (9) months the date which is 270 days prior to the Renewal Commencement Date Expiration Date, and not later earlier than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term90 days before such date, or (ii) if the Then then existing Premises consists of the Premises initially leased hereunder plus additional premises in the Building, such notice shall be delivered to Landlord no later than the date which is 365 days prior to the Expiration Date, and not earlier than 90 days before such date. Thereafter, Landlord will notify Tenant (“Landlord’s Notice”) of Landlord’s calculation of (i) the Fair Market Rental Rate Rent for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall Premises that would be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises payable per annum for a term equal to commencing on the first day of the Renewal Term, and (ii) the Fair Market Allowance applicable for such Renewal Term. If either party does not appoint an appraiser within ten Tenant fails to give its initial binding notice of intent to exercise its option to renew when due as provided in this Article 32, time being of the essence, Tenant will irrevocably be deemed to have waived such option to renew.
(10D) Within twenty (20) days after Landlord delivers Landlord’s Notice, Tenant will deliver to Landlord a final binding notice in which Tenant (i) elects to renew this Lease and accepts the other party has terms stated in Landlord’s Notice, or (ii) elects to renew this Lease but disputes Landlord’s determination of Fair Market Rent or Fair Market Allowance or both, in which event the parties will proceed with the dispute resolution mechanism set forth in Exhibit E attached hereto. If Tenant fails to notify Landlord within the 20-day period described above (after having given its initial binding notice within the required time), time being of the essence, then Tenant will conclusively be deemed to have elected to renew this Lease on the terms set forth in Landlord’s Notice and in this Article 32. After Tenant delivers its binding notice exercising its option to renew or after the conclusion of any dispute resolution process, Landlord will deliver to Tenant an amendment to this Lease reflecting the terms of the renewal, and Tenant will execute such amendment and deliver it to Landlord within 30 days after receipt. If Tenant fails to execute and deliver to Landlord the requisite amendment to this Lease within 30 days after Landlord’s delivery of such amendment to Tenant, such failure (i) will, if Landlord so elects in Landlord’s sole and absolute discretion, render Tenant’s exercise of such option to renew null and void; and (ii) will, if Landlord’s so elects in Landlord’s sole and absolute discretion, constitute a Default.
(E) Tenant’s right to exercise its option to renew this Lease pursuant to this Article 32 is subject to the following conditions: (i) that on the date that Tenant delivers notice of the name of its appraiserelection to exercise its option to renew, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month commencement of the Renewal Term. In , no eventDefault exists; and (ii) that Tenant has not assigned this Lease or sublet the Premises or any portion thereof, howeverother than to a Permitted Affiliated Transferee, shall at any time during the Base Monthly Rent for period commencing with the last thirty (30) months date that Tenant delivers its notice to Landlord of either Renewal Term be less than Tenant’s exercise of such option to renew and ending on the Base Monthly Rent for the first thirty (30) months commencement date of the Renewal Term, or at any time prior to such period, if such assignment or sublease extends into such period.
(F) For purposes of this Lease, “Fair Market Rent” means a rate comprised of (i) the prevailing basic rental rate per square foot of rentable space available for renewals in the Pertinent Market (defined below), and (ii) any financial escalation of such prevailing base rental rate (based upon a fixed step or index) prevailing in the Pertinent Market, taking into account comparable leases (on the basis of factors such as, but not limited to, size and location of space and commencement date and term of lease) of space in buildings in Portland. Oregon that are comparable to the Building in reputation, quality, age, size, location and level and quality of services provided (the foregoing factors not being exclusive in identifying comparable buildings) (the Building and such comparable buildings, as the case may be, being herein referred to as the “Pertinent Market”). For purposes of this Lease, “Fair Market Allowance” means the prevailing leasehold improvement allowance for renewals available in the Pertinent Market, taking into account comparable lease renewals (on the basis of factors such as, but not limited to, size and location of space and commencement date and term of lease), and the rental rate. In determining the Fair Market Rent and Fair Market Allowance, there will also be taken into consideration (a) the definition of rentable area or net rentable area with respect to which such rental rates are computed; (b) whether the lease comparable is a net or gross lease; (c) the value of rental abatements, allowances for construction of tenant improvements and other financial or economic concessions generally available in the Pertinent Market at such time to tenants renewing comparable space, as well as those being made available to Tenant; and (d) other comparable pertinent factors. Taking into account Tenant’s creditworthiness, Landlord may require a security deposit or an increase in any existing security deposit before disbursing any such allowance.
Appears in 2 contracts
Sources: Office Lease (New Relic Inc), Office Lease (New Relic Inc)
OPTION TO RENEW. Provided Tenant is not in default under this Lease beyond any applicable notice and cure period, Landlord hereby grants to Tenant the an option to renew this Lease under such terms and conditions as Landlord is offering at that time and at the Lease, then current rental rates Landlord is offering for comparable space in the Park for an additional term period of five Five (5) years (hereinafter referred to as the "Renewal Option Term") with the option ), commencing on the expiration Termination Date of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions Initial Term as set forth in above. Said Option shall only be exercisable during the Initial Term of this Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall must be exercised as set forth below and shall expire upon the termination of the Initial Term of this Lease, whether by lapse of time or otherwise. Said option may only be exercised by a notice in Paragraph 3, and
B. That the Security Deposit shall be increased writing addressed to the rental amount determined in Paragraph 3 {Landlord stating that Tenant may wish to exercise this option, which notice must be actually received by Landlord at or prior to the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine date which is Three (93) months prior to the Renewal Commencement Termination Date and not later than six of the Initial Term. At least Six (6) months prior to the Renewal Commencement Termination Date (time is expressly of the essence to Landlord). Any attempted exercise Initial Term of this Option made other than within the time period stated or in the manner stated Lease, - Landlord shall be void and of no force or effect. In the event that forward to Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term a copy of the Lease, the term of tl3e Lease shall be so extended then current lease form being used by Landlord for the Renewal Term on Park containing the same terms and conditions contained Landlord is - offering for space in the Lease; provided, however, Park and shall at the Base Monthly Rent for each month same time notify Tenant of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent current rental rates Landlord is offering for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, comparable space in the event such agreement cannot Park so that Tenant may be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same informed of said terms and conditions set forth in the Lease, and rental rates prior ---------------- to a qualified tenant ready, willing and able deciding whether to lease the Leased Premises for a term equal exercise this Option to the Renewal TermRenew. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.37: EFFECT ----------
Appears in 2 contracts
Sources: Lease (Memry Corp), Lease (Memry Corp)
OPTION TO RENEW. Landlord hereby grants to (a) Provided that Tenant is not then in default beyond applicable notice and cure periods and Tenant and/or parties permitted under Section 12(a)(iii) or (iv) shall then be in occupancy of at least 75% of the rentable area of the Premises, Tenant shall have the option to renew this Lease with respect to all, but not less than all, of the Lease, Premises for an additional term of a single five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on year extended term, upon the same terms and conditions as set forth in the this Lease, except:
A. That except that the rental Rent for each year of the extended term shall be equal to the Fair Market Rent (as defined below) for the Leased Premises which shall not be less than the Base Rent for the immediately preceding year during the Renewal Term shall be Lease term, as set forth below in Paragraph 3extended (the “Option to Renew”). In order to exercise the Option to Renew, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify give written notice to Landlord of Tenant's ’s intention to exercise of its right the Option to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months Renew on or prior to the Renewal Commencement Date and not later than six day which is three hundred sixty-five (6365) months days prior to the Renewal Commencement Date (expiration of the initial term of this Lease, and if such notice is not so given, the Option to Renew shall lapse. Tenant hereby expressly acknowledges and agrees that time is expressly of the essence to Landlord). Any attempted for purposes of notice of exercise of the Option to Renew and that Tenant’s failure to do so by said date will relieve Landlord of any obligation under this Option made other than within the time period stated or in the manner stated shall be void and of no force or effectSection 38. In the event that Tenant does not or is not entitled elects to exercise its option proceed with the Option to Renew, Landlord and Tenant shall be deemed to have no further rights hereunder.
3entered into an extension of this Lease with respect to the entirety of the Premises on the terms and conditions set forth herein. The term “Fair Market Rent” shall mean the rental rate for comparable space (including all tenant improvements), in the area west of Interstate 495. The determination of Fair Market Rent shall take into account the special use of the facility, including the value of the clean room improvements and process utility systems. If Tenant shall have properly and timely exercised its right to extend the term provides Landlord with notice of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month exercise of the first Option to Renew, then the parties shall consummate the extension of the Lease by the preparation and execution of any amendment to this Lease within thirty (30) months days after Landlord’s receipt of Tenant’s notice. If the parties are unable to agree upon the Fair Market Rent for the Premises within fifteen (15) days after Tenant’s exercise of the Renewal Term Option to Renew, then the Fair Market Rent shall be calculated determined as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a one (1) real estate appraiser, which appraisers together shall determine the fair market rent for the Premises within fifteen (15) days of their appointment. Landlord and Tenant agree to make their appointments promptly. In the event the two appraisers selected by Landlord and Tenant shall be unable to agree on the amount of fair market rent, they shall promptly select a third appraiser with and within fifteen (15) days after the third appraiser is selected, the third appraiser shall submit his or her determination of the then prevailing fair market rent. The fair market rent shall be the mean of the two closest rental determinations. Each party shall bear the fees and expenses of the appraiser it selects and one-half of the fees and expenses of the third appraiser (if one is appointed pursuant to the terms hereof). All real estate appraisers appointed shall be members of the American Institute of Real Estate Appraisers and have at least five (5) years full-time commercial/industrial appraisal experience appraising similar space located in Santa ▇▇▇▇▇ County to appraise and determine commercial projects in the vicinity of the Premises. In the event that in determining fair market monthly rental rate the Leased Premises, in their then existing condition rent for the use specified in clean room improvements and process utility systems the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10appraiser(s) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on find comparables within the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointedarea west of Interstate 495, then the two appraisers appraiser(s) shall attempt to select a third appraiser meeting use the qualifications stated above. If they fail to agree on a third appraiserreplacement cost method, either party can follow allowing for depreciation and then current capitalization rates, for the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each clean room improvements and process utility systems portions of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 2 contracts
Sources: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)
OPTION TO RENEW. Landlord hereby grants to A. If Tenant is not in default under this Lease at the time of the exercise of this option or at the commencement of the applicable Lease Term extension, Tenant is granted the option (the OPTION) to renew extend the Lease, Lease Term for an additional one (1) extension term of five (5) years (the "Renewal Term") with the option commencing on the next day after the expiration of the initial Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written an extension notice at least twelve (12) months, but not sooner more than nine fifteen (915) months months, prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month expiration of the initial Lease Term. The Tenant's lease of the Premises during the extended Lease Term will be upon the same terms as in the Lease for the initial Lease Term, except that (i) Base Monthly Rent will adjust on the first day of the extended Lease Term to the Market Rate (defined below), (ii) during the extended Lease Term Tenant will have no further options or rights to extend the Lease Term, and (iii) Paragraph 5B shall be adjusted at the end deemed omitted.
B. Within thirty (30) days after Landlord receives Tenant's written notice of its exercise of the thirtieth Option, Landlord shall deliver a notice to Tenant (30ththe MARKET RATE NOTICE) month specifying the Market Rate for the extended Lease Term, such to be based upon Landlord's determination of rents being charged for comparable space in similar properties in the Dallas/Fort Worth area for terms commensurate with the extended Lease Term and for tenants similarly situated. Tenant shall have fifteen (15) days (the EXAMINATION PERIOD) from its receipt of the Renewal Term Market Rate Notice to accept or reject Landlord's designation of the Market Rate. If Tenant accepts Landlord's designation of the Market Rate, the MARKET RATE will be as set forth in the Market Rate Notice. If Tenant fails to reject in writing Landlord's designation of the Market Rate set forth in the market Rate Notice during the Examination Period, Tenant shall be deemed to have accepted Landlord's designation of the Market Rate, and Tenant's election to exercise the Option shall be irrevocable. If Tenant timely rejects Landlord's designation of the Market Rate prior to the expiration of the Examination Period and Landlord and Tenant cannot agree in writing on the Market Rate within fifteen (15) days after the date Landlord receives Tenant's timely rejection of Landlord's designation of the Market Rate set forth in the Market Rate Notice (the NEGOTIATION PERIOD), Tenant shall have the right to revoke its exercise of the Option by multiplying written notice to Landlord within five (5) days after the expiration of the Negotiation Period. If Tenant fails to revoke its exercise of the Option within this five (5) day period, then Tenant's exercise of the Option will be irrevocable and the Base Monthly Rent for the thirtieth (30th) month times a fraction extended Lease Term will be based upon the numerator Market Rate set forth in the Market Rate Notice.
C. Tenant may not assign the Option to any assignee of which the Lease. No sublessee and no assignee may exercise the Option.
D. If the Lease Term is extended under this ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ shall be the Consumer Price Index published immediately prior prepare, and Landlord and Tenant will execute and deliver an amendment to the period including Lease extending the thirtieth Lease Term within fifteen (30th15) month of days after the Renewal Term and Market Rate is determined but in no event later than the denominator of which shall be date that the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no eventapplicable extension term commences; provided, however, shall that the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months failure of the Renewal parties to enter into such an amendment will not affect the validity of Tenant's exercise of the Option or the obligations of the parties during the extended Lease Term.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Mannatech Inc), Commercial Lease Agreement (Mannatech Inc)
OPTION TO RENEW. Landlord hereby grants to At the expiration of the Lease Term, Tenant will have the option to renew of extending the Lease, term of the Lease for an two (2) additional term terms (the "Renewal Options") of five (5) years each (collectively, the "Renewal Terms"); provided, however, that Tenant is not in material default beyond any applicable cure period under the Lease on the date of giving such notice or on the date of commencement of such Renewal Term") with the option commencing on ; and provided, further that Tenant has not been in default (after the expiration of any notice and cure periods) under the Lease more than three (the "First Renewal Commencement Date"3) and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2times previously. Tenant shall notify Landlord in writing of its intention to exercise any Renewal Option ("Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice Notice") not sooner later than nine (9) months prior to expiration of the Lease Term or first renewal period, as the case may be. Any termination of the Lease shall result in automatic termination of the Renewal Commencement Date and not later than six (6) months prior to the Options herein. The Renewal Commencement Date (time is expressly Terms shall be upon all of the essence to Landlord). Any attempted exercise terms and conditions of this Option made other than within Lease, except that the time period stated or in following rights and obligations of Tenant during the manner stated original Lease Term of this Lease shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its apply during any Renewal Term: (a) any right to extend rent-free or abated rent possession; (b) any right to further extension of the term of the Lease, the term of tl3e Lease shall be so extended for beyond the Renewal Term on Terms set forth herein above; (c) any right to an additional Tenant Improvement Allowance during the Renewal Terms, and (d) any right to continue to pay the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: Rent. The new Base Monthly Rent for the Renewal Term shall be at Fair Market Value. Landlord shall provide Tenant with written notice of its proposed determination of Fair Market Value for the greater of: Property within thirty (30) days after receipt of Tenant's Notice. The parties shall have forty-five (45) days after Landlord has provided Tenant with Landlord's proposed determination of Fair Market Value for the Property in order to agree on the Base Rent during such extended term. If the parties fail to agree on the Base Rent for such extended term during that period, then (i) either party may elect to terminate this Lease at the Base Monthly Rent being paid by Tenant to Landlord during the final full month end of the final year of the initial Lease Term, applicable term or (ii) the Then parties may agree to determine the Fair Market Rental Rate for through an appraisal. In the Lease Premises.
4. The term "Then Monthly event the parties elect to establish the Fair Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this optionthrough an appraisal process, Landlord and Tenant shall each appoint one appraiser within thirty (30) days thereafter; provided, however, that if either party fails to designate an appraiser within the time period specified, then the appraiser who is designated shall conclusively determine the Fair Market Rental. If two (2) appraisers are designated, then they shall submit within thirty (30) days after the second thereof has been designated their appraisals of the Fair Market Rental. Landlord and Tenant intend that the "Fair Market Rental" shall be deemed to be the rentable square feet of industrial space that is then being charged for industrial space located in industrial buildings in the vicinity of and involving the use of the Property that are comparable in quality and offer similar amenities to the Property and involving arms length, new leases with similar terms and conditions, taking into account the savings to the Landlord in putting a real estate new tenant into possession of the Property and all concessions offered in such other arms length new leases in the market (including without limitation free rent, tenant improvement allowances, leasing commissions, and moving allowances). The spaces used for comparison shall be comparable in size, quality and design to the Property, and such spaces used for comparison shall be comparable to the Property with respect to their location within such buildings, the quality and quantity of tenant improvements installed at each landlord's expense, and the financial strength of Tenant. Should the two appraisers be unable to agree within said thirty (30) days, the two appraisers shall each submit an independent written appraisal and together they shall designate one (1) additional person as appraiser within five (5) days following the expiration of said thirty (30) day period; provided however, that if the difference between the two appraisals is five percent (5%) or less of the lowest appraisal, then an additional appraiser shall not be designated and the Fair Market Rental shall equal the average of the two (2) appraisals that are submitted. The third appraiser shall submit an independent written appraisal within thirty (30) days following his or her appointment. If the two appraisers cannot agree upon a third appraiser, then either party hereunder may request that the presiding Judge of the Maricopa County Superior Court appoint such third appraiser. In the event a third appraiser is appointed, the Fair Market Rental shall be equal to the average of the two (2) written appraisals which are closest, and third (3rd) appraisal shall be disregarded. Each party shall bear the costs of the appraiser appointed by it. If three (3) appraisers are appointed, each party shall bear the cost of the appraiser appointed by it and the parties shall share equally in the cost of the third appraiser. No person shall be appointed or designated an appraiser unless he or she is (i) an independent appraiser who is a currently certified member of the American Institute of Real Estate Appraisers (with MM designation) and unless he or she has at least five (5) years experience as an appraiser in Maricopa County, or (ii) a real estate broker with at least ten (10) years experience in leasing of commercial industrial space in the vicinity of the Property. The third appraiser shall not have ever been employed (full-time commercial/industrial or part-time or on a consulting basis) by Landlord or Tenant. In the event that the Fair Market Rental is not established before the commencement of the extended term, Tenant shall continue to pay the Base Rent in effect as of the end of the original term; when the Fair Market Rental has been established, the new Base Rent shall be retroactively effective as of the beginning of the extended term, and Tenant shall pay Landlord any deficiency with in thirty (30) days after the establishment of the new Base Rent. If Tenant has overpaid the Base Rent during such period, such overpayment shall be, at the election of Tenant, either offset against rent thereafter coming due or refunded by Landlord to Tenant. Notwithstanding the foregoing, if either Landlord or Tenant is not satisfied with the Fair Market Rental determined by the appraisal experience in Santa ▇▇▇▇▇ County process, such party may elect to appraise and determine terminate this Lease at the fair market monthly rental rate end of the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a applicable term equal by providing written notice to the Renewal Term. If either other party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Fair Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed Rent is determined by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2appraiser(s). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 2 contracts
Sources: Industrial Real Estate Lease (Caris Life Sciences, Inc.), Industrial Real Estate Lease (Caris Life Sciences, Inc.)
OPTION TO RENEW. Landlord hereby grants to Tenant the option Two (2) options to renew the Lease, Lease for an additional term period of five (5) years each (the "Renewal Term") with the option commencing on Terms). The Each Renewal Term shall commence upon the expiration of the preceding lease term (or the first Renewal Term as appropriate) such that there shall not be a gap in the time between the Lease (Term and the "First Renewal Commencement Date") and ending five (5) years thereafter (Terms. Tenant shall only be permitted to exercise the "First second Renewal Expiration Date")Term if it has previously exercised the option for the first Renewal Term. In the event that Tenant subleases the Premises or any portion thereof or assigns its interest under this Lease, Tenant shall lose any rights or options to renew or extend the term of this Lease.
1. The lease of the Leased Premises for either of the each Renewal Terms Term shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {(the "increased “Increased Security Deposit Amount"”).
2. Tenant shall notify Landlord of Tenant's ’s exercise of its right to renew the Lease for the each Renewal Term only by giving to Landlord written notice not sooner than nine eight (9) 8) months prior to the Renewal Commencement Date and not later than six seven (67) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e the Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease TermTerm (or the final month of the first Renewal Term as appropriate), or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "“Then Monthly Market Rental Rate" ” shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's ’s fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's ’s fee. Unless the three appraisers are able to agree Landlord Initials W Tenant Initials NH on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. the Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at Term (or the end of the thirtieth (30th) month of the first Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termas appropriate).
Appears in 2 contracts
Sources: Industrial Space Lease (Corsair Gaming, Inc.), Industrial Space Lease (Corsair Gaming, Inc.)
OPTION TO RENEW. A. Tenant shall have the option (but shall not be required) to extend the Lease Term with respect to all (but not less than all) of the Premises for two (2) additional periods of five (5) years, each (the “Extension Term(s)”). Tenant may elect to exercise such option(s) by written notice received by Landlord hereby grants not less than eighteen (18) months prior to the expiration of the Lease Term, or the first Extension Term, as the case may be, time being of the essence for the giving of such notice. During the Extension Term(s), the Lease will continue on the terms and conditions set forth herein, other than the Base Rent, which shall be adjusted to the current “Market Rental Rate” for the Premises as of the date the applicable Extension Term is to commence with appropriate increases each year thereafter.
B. Landlord shall advise Tenant of the Market Rental Rate for the applicable Extension Term within twenty (20) days after the earlier of (i) a request therefore from Tenant, or (ii) Landlord’s receipt of Tenant’s notice exercising a renewal option. Tenant’s failure to timely make such request shall not extend the date upon which Tenant must give notice of its exercise of the option to renew renew. Tenant shall have twenty (20) days from the Leasereceipt of Landlord’s notice to either accept or dispute Landlord’s determination of the Market Rental Rate. In the event that Tenant disputes Landlord’s determination, Tenant shall so notify Landlord and advise Landlord of Tenant’s determination of the Market Rental Rate for an additional term the Renewal Term. If, after engaging in good faith negotiations, Landlord and Tenant cannot agree upon the Market Rental Rate within thirty (30) days after Landlord’s receipt of Tenant’s notice of objection to Landlord’s determination of the Market Rental Rate, the “Dispute Resolution Mechanism” described in subparagraph C below shall apply.
C. The Dispute Resolution Mechanism shall be as follows: no later than fifteen (15) days after the end of the 30-day period described in subparagraph B above, Landlord and Tenant shall jointly appoint as arbitrator a commercial real estate broker licensed in Michigan with a minimum of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth experience in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3applicable office market. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this optionagree on an acceptable arbitrator, Landlord and Tenant shall each appoint a real estate appraiser with at least five choose, within an additional fifteen (515) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County days thereafter, its own arbitrator who meets the qualifications described above. The arbitrators shall then jointly select, within an additional ten (10) days, an arbitrator to appraise and determine serve as the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Termarbitrator hereunder. If either party does not appoint an appraiser Landlord or Tenant fails to choose its own arbitrator within said fifteen (15) day period, then the arbitrator chosen by the other shall resolve the dispute. Within ten (10) days after appointment (whether mutually by the other parties, by default of one party has given notice to choose an arbitrator, or by selection by the two arbitrators), Landlord and Tenant shall each submit to the arbitrators) in writing its good faith estimate of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased PremisesExtension Term. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within Within ten (10) days after receipt of the second appraiser has been selected last of the determinations, the arbitrators) shall choose either Landlord’s or appointed, then Tenant’s determination of Market Rental Rate. The cost of the two appraisers arbitrator(s) shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed be borne by the Real Estate Board or a judiciary. Each party whose determination of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for was not selected by the Leased Premises within ten (10) days after the selection or appointment arbitrator.
D. Tenant’s exercise of the third appraiserforegoing option to renew is subject to the conditions that (i) the Lease is in full force and effect, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted ii) Tenant is not in default hereunder beyond any applicable notice or cure period at the end time of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term notification or at any time after notification and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month through commencement of the Renewal Term. In no event, however(iii) neither the Premises nor any part thereof have been sublet (other than a Permitted Transfer), shall (iv) Tenant has not assigned the Base Monthly Rent for the last thirty Lease (30other than a Permitted Transfer), (v) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months Tenant is an occupant of the Renewal TermPremises under this Lease and intends to continue to use the Premises itself, and (vi) that both at the time of notification and commencement there has been no material adverse change in the financial condition of the Tenant since the date of the Lease, as reasonably determined by Landlord.
E. For purposes of this Lease, “Market Rental Rate” shall mean the rental, as of the date for which such Market Rental Rate is being calculated, per annum per rentable square foot, for lease renewals for comparable space of comparable size, which Landlord is offering or prepared to offer for renewals in good faith at that time to third parties for a similar term for such other space in the Building, as well as in other comparable buildings within a five (5) mile radius of the Property, taking into account prevailing market conditions.
Appears in 2 contracts
Sources: Office Lease (Proquest Co), Sublease Agreement (Voyager Learning CO)
OPTION TO RENEW. Landlord hereby grants to 17.01 OPTION
(a) In the event, but only in the event, that a) Tenant complies with all provisions of this entire Article as and when required, and b) at the time of the expiration of the then current term ("current term"), 1) Tenant, has not been in material default of the terms and provisions of this Lease during the last 18 months of the Current Term, and 2) this Lease shall then be in full force and effect, Tenant shall have the option to renew extend the Lease, for an additional term of this Lease for two (2) successive five (5) years year terms (the each an "Renewal Termoption term") with the option commencing at midnight on the expiration of date on which the Lease (then current term terminates. In the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Leaseevent Tenant elects to exercise its option, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall so notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner ("Notice to Landlord") received by Landlord no later than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord)then current term. Any attempted exercise of this Option made other than within the time period stated or in the manner stated Each option term shall be void on the same terms, covenants and conditions as the initial term except for the amount of the Annual Base Rent and further except that there shall be absolutely no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right whatsoever to extend the term of the Lease, the this Lease beyond such option terms.
(b) The Annual Base Rent payable during each Lease Year of each option term of tl3e Lease shall be so extended equal to the prevailing market rental rate for office space located within Landlord's buildings at the Project or within the local market at the time of commencement of each option term, as determined by agreement between Landlord and Tenant. If Tenant exercises its option as provided above, it shall specify in such notice its evaluation of the fair rental value of the Demised Premises ("Tenant's Rent") for the Renewal Term on the same terms and conditions contained in the Lease; providedoption term . Within one (1) month thereafter, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term Landlord shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: send to Tenant a notice stating either (i) Landlord's agreement with Tenant's Rent, in which event such amount shall be fixed as the Base Monthly Rent being paid rent payable by Tenant to Landlord during for the final full month of the final year of the initial Lease Term, option term or (ii) Landlord's evaluation of such fair rental value ("Landlord's Rent"). If Landlord and Tenant are unable to agree upon such fair rental value within three months from the Then Market Rental Rate for date of sending the Lease Premises.
4. The term "Then Monthly Market Rental Rate" notice described in (ii)) above, the matter shall be determined by mutual agreement between Landlord and Tenant orarbitration under this Lease. The arbitrator's determination of the fair rental value of the Demised Premises for the option term may not, in any event, be less than Tenant's Rent nor more the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiserLandlord's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased PremisesRent. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term Annual Base Rent due and payable during each option term be less than the Annual Base Monthly Rent payable for the immediately preceding Lease Year. Tenant shall continue to pay Landlord the Annual Base Rent (and any Additional Rent) due under this Lease at the rate being paid during the final full month of immediately preceding Lease Year until such time as the initial Lease TermAnnual Base Rent for the option term has been determined pursuant to this Section. The All adjustments to said Annual Base Monthly Rent shall be adjusted at due and payable in full on the end first day of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termfollowing such determination.
Appears in 2 contracts
Sources: Lease (Greenfield Online Inc), Lease (Greenfield Online Inc)
OPTION TO RENEW. Landlord hereby grants (a) Provided that (i) this Lease is in full force and effect as of the date of the Renewal Notice (as defined below) and as of the originally scheduled expiration of the Lease Term; (ii) Tenant is not then in Default under this Lease as of the dates referred to in clause (i) above; and (iii) Tenant has been continuously operating in the option Leased Premises throughout the Lease Term and has not assigned this Lease or sublet more than sixty percent (60%) of the Leased Premises (other than to renew a Permitted Transferee), Tenant shall have three (3) separate options to extend the LeaseLease Term for the entire Leased Premises, each for an additional term a period of five (5) years (the "each, a “Renewal Term"”, and collectively, the “Renewal Terms”) with the option commencing on the date immediately following the expiration of the initial Lease Term (or the "First previous Renewal Commencement Date"Term, as applicable). Tenant may exercise each such option by delivering written notice (a “Renewal Notice”) and ending five to Landlord not less than twelve (512) years thereafter months prior to (but not more than twenty-four (24) months prior to) the "First Renewal Expiration Date").
1. The lease expiration of the Leased Premises for either initial Lease Term (or the expiring Renewal Term, as applicable). Each Renewal Term, if properly exercised by Tenant as set forth herein, shall constitute an extension of the Renewal Terms Lease Term and shall be on upon all of the same terms and conditions then in effect under this Lease, except that (i) there shall be no further option to renew or extend the Lease Term during the third Renewal Term, and (ii) Minimum Annual Rent for each Renewal Term shall be payable at a rate per annum equal to the Fair Market Rental (as set forth defined below) for the Leased Premises for the applicable Renewal Term. If Tenant shall duly and timely exercise one of Tenant’s rights to extend the Lease Term for a Renewal Term pursuant to the terms hereof, all of the applicable references in this Lease to the Lease Term shall be deemed to include such Renewal Term. During each Renewal Term, Tenant shall continue to pay Tenant’s Proportionate Share of Operating Expenses without interruption unless otherwise agreed to by Landlord and Tenant in writing.
(b) If Tenant shall timely deliver a Renewal Notice to Landlord, then not later than twenty (20) days after the date such Renewal Notice is delivered, Landlord shall notify Tenant of Landlord’s determination of the Fair Market Rental for the applicable Renewal Term. For purposes of the foregoing, the “Fair Market Rental” shall be the rental rate charged for leased premises of comparable size and condition as the Leased Premises in the LeaseResearch Triangle Park office and research and development market, except:
A. That taking into consideration the rental location and quality of the Building, term of lease, and any material economic differences between the terms of this Lease and the terms of any comparable lease (including abatement periods, tenant improvement or refurbishment allowances, architectural fees, brokerage commissions and any other relevant cash and non-cash incentives, inducements, concessions and other relevant factors). If Tenant delivers to Landlord a written objection to Landlord’s calculation of the Fair Market Rental within ten (10) business days after Tenant’s receipt of Landlord’s determination of the Fair Market Rental, then the parties shall meet and confer in good faith (which such meeting may be telephonic or electronic) and if the parties cannot agree on the Fair Market Rental within twenty (20) days after Tenant’s written objection, then Tenant may retract its exercise of its option to extend at no cost to Tenant, or Tenant may choose arbitration to determine the Fair Market Rental. If Tenant chooses arbitration, Tenant shall give Landlord written notice of its desire to seek arbitration within five (5) business days after expiration of such twenty (20) day period (“Arbitration Notice”). Within ten (10) days after Tenant provides Landlord with its Arbitration Notice, the parties shall each appoint an appraiser to determine the Fair Market Rental for the Leased Premises during the applicable Renewal Term Term. Each appraiser so selected shall be as set forth below in Paragraph 3an MAI appraiser or a licensed real estate broker, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within having at least ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal prior experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified appraisal or leasing of comparable space in the Lease could be leased for, on the same terms and conditions set forth metropolitan area in the Lease, to a qualified tenant ready, willing and able to lease which the Leased Premises for are located and with a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice working knowledge of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser current rental rates and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premisespractices. If the two appraisers are unable to cannot agree on upon the Then Monthly Fair Market Rental Rate for the Leased Premises within ten twenty (1020) days after their appointment, then, within five (5) business days after the second appraiser has been selected or appointedexpiration of such twenty (20) day period, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above criteria. Once the third appraiser has been selected as provided for above. If they fail , each of the initial appraisers shall deliver its determination of the Fair Market Rental to agree on a the third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the and such third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises shall within ten (10) business days after its appointment select the selection or appointment determination made by one of the initial two appraisers that most closely approximates the third appraiser, ’s own determination of the two appraisal amounts being calculated most closely together, after having discarded Fair Market Rental. The determination of the appraisal amount which most greatly varies from Fair Market Rental selected by the other two appraisal amounts, third appraiser shall be added together then divided by two (2). The resulting rental amount shall be defined used as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Minimum Annual Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the applicable Renewal Term and the denominator of which shall be binding on both Landlord and Tenant. Landlord and Tenant shall each bear the Consumer Price Index published immediately prior to cost of its appraiser and shall share the first (1st) month cost of the Renewal Termthird. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months If Tenant delivers a written objection to Landlord’s calculation of the Renewal TermFair Market Rental within the 10- business day time period referenced above but fails to provide the Arbitration Notice as provided above, then Tenant’s exercise of its option to extend shall be deemed retracted.
Appears in 2 contracts
Sources: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)
OPTION TO RENEW. Landlord hereby grants to A. Provided that the Tenant is not in material default in of this Lease beyond any applicable cure period, Tenant shall have the option to renew extend the Lease, term for an additional term of one (1) five (5) years year period (the "Renewal First Extended Term") with the option commencing on Base Rent as set forth below. All of the expiration other terms and conditions of the Lease (the "First Renewal Commencement Date") shall remain in full force and ending five (5) years thereafter (the "First Renewal Expiration Date")effect. In order to exercise this option.
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. ) Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving must provide written notice to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not no later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence term hereof that Tenant is exercising its option to Landlord). Any attempted exercise renew.
2) if Tenant is in material default hereunder beyond any applicable cure period or does not comply on a timely and proper basis with the terms and condition of this Option made other than within the time period stated or in the manner stated Section 4A hereof, then Tenant shall be void and of no force or effect. In the event that Tenant does not or is not entitled deemed to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised waived its right to extend the term of the this Lease, unless both parties agree otherwise in writing. The Base Rent during the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal First Extended Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premisesat then "market" terms and conditions.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and B. Provided that the Tenant oris not in material default of this Lease beyond any applicable cure period, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least the option to extend the term for one (1) additional five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine year period (the fair market monthly rental rate " Second Extended Term") with the Leased Premises, in their then existing condition for Base Rent as set forth below. All of the use specified in the Lease could be leased for, on the same other terms and conditions set forth of the Lease shall remain in full force and effect. In order to exercise this option.
1) Tenant must provide written notice to Landlord no later than six (6) months prior to the expiration of the First Extended Term hereof that Tenant is exercising its option to renew.
2) If Tenant is in material default hereunder beyond any applicable cure period or does not comply on a timely and proper basis with the terms and condition of Section 4B hereof, then Tenant shall be deemed to have waived its right to extend the term of this Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to unless both parties agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Termotherwise in writing. The Base Monthly Rent during the Second Extended Term shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term then "market" terms and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termconditions.
Appears in 2 contracts
Sources: Office Lease (Elastic Networks Inc), Office Lease (Elastic Networks Inc)
OPTION TO RENEW. Landlord hereby grants to Provided that Tenant the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of is not in default under this Lease and provided that the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease has not been terminated as a result of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the LeaseTenant’s default or other acts or failures to act by Tenant, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right have an option to renew the Lease for the Renewal Term only by giving to two additional five (5) year terms (each an “Extended Term”). Tenant shall provide Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than with at least six (6) months but not more than twelve (12) months prior written notice indicating its intention to exercise such option to renew. The rights contained in this Article 39 shall be personal to the Renewal Commencement Date (time is expressly of the essence to originally named Tenant and may not be assigned nor transferred except with Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder’s written consent.
3. If Tenant shall have properly and timely exercised its right to extend 39.1 The monthly base rent during the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Extended Term shall be calculated an amount equal to the Prevailing Rate (as follows: The new Base Monthly Rent for hereinafter defined) at the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month time of the final year commencement of the initial Lease TermExtended Term for space leased within the previous six months that are Comparable Transactions, or (ii) the Then Market Rental Rate for the Lease Premises.
4as defined below. The term "Then Monthly Market Rental “Prevailing Rate" ” shall be determined by mutual agreement mean the monthly rent per rentable square foot that Landlord has accepted in contemporaneous transactions between Landlord nonaffiliated parties for non-expansion, renewal and Tenant ornon-equity tenants of comparable creditworthiness, for comparable space, comparable use and comparable lease terms (collectively, “Comparable Transactions”) in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified Building. If there are no Comparable Transactions in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointedBuilding, then the two appraisers Prevailing Rate shall attempt be prevailing fair market rental value for Comparable Transactions in the Project area. In any determination of Comparable Transactions, appropriate consideration shall be given to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiserrental rates, either party can follow the above procedure for having an appraiser appointed abatement provisions or other concessions, brokerage commissions, if any, that actually have been paid by the Real Estate Board Landlord (or a judiciary. Each other landlords) in similar transactions, length of the parties shall bear one-half (1/2) lease term, size and location of the cost premises being leased, building standard tenant improvement allowances, if any, and other generally applicable conditions of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2)tenancy. The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for intent is that Tenant will obtain the Leased Premises. In no event, however, shall same rent and other economic benefits that Landlord would otherwise give in Comparable Transactions and that Landlord will make and receive the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term same economic payments and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termconcessions that Landlord would otherwise make and receive in Comparable Transactions.
Appears in 2 contracts
Sources: Lease (National Mercantile Bancorp), Lease (National Mercantile Bancorp)
OPTION TO RENEW. Landlord hereby grants to Provided this Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of this Lease at the time of notification, Tenant shall have one (1) option to renew (the Lease, “Renewal Option”) this Lease for an additional a term of five (5) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms; covenants and conditions as set forth below:
A. if Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is fifteen (15) months prior to the expiration of the Term of this Lease but no later than the date which is twelve (12) months prior to the expiration of the Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease.
B. The Annual Rent and Monthly Installment of Rent in effect at the expiration of the Term of this Lease shall be increased to reflect the Prevailing Market (as defined in Section 34.I.) rate. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Rent for the Premises no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option under this Article 34. Said notification of the new Annual Rent and Monthly Installment of Rent may include a qualified tenant ready, willing and able provision for its escalation to lease the Leased Premises provide for a term equal to change in the Prevailing Market rate between the time of notification and the commencement of the Renewal Term. Notwithstanding anything to the contrary set forth herein, in no event shall the rate of the Annual Rent and Monthly Installment of Rent for the Renewal Term he less than the rate of the Annual Rent and Monthly Installment of Rent in the preceding period (the “Minimum Renewal Rental Rate”).
C. If Tenant and Landlord are unable to agree on a mutually acceptable Annual Rent and Monthly Installment of Rent for the Renewal Term not later than sixty (60) days prior to the expiration of the initial Term, then Landlord and Tenant, within five (5) days after such date, shall each simultaneously submit to the other, in a sealed envelope, its good faith estimate of the Prevailing Market rate for the Premises during the Renewal Term (collectively referred to as the “Estimates”), subject to the terms of Section 34.E below regarding the Minimum Renewal Rental Rate. If the higher of such Estimates is not more than one hundred five percent (105%) of the lower of such Estimates, then the Prevailing Market rate shall be the average of the two Estimates. If the Prevailing Market rate is not established by the exchange of Estimates, then, within seven (7) Business Days after the exchange of Estimates, Landlord and Tenant shall each select an appraiser to determine which of the two Estimates most closely reflects the Prevailing Market rate for the Premises during the Renewal Term. Each appraiser so selected shall be certified as an MAI appraiser or as an ASA appraiser and shall have had at least five (5) years experience within the previous ten (10) years as a real estate appraiser working in the San Mateo/▇▇▇▇▇▇ City/Redwood Shores, California area, with working knowledge of current rental rates and practices. For purposes hereof, an “MAI” appraiser means an individual who holds an MAI designation conferred by, and is an independent member of, the American Institute of Real Estate Appraisers (or its successor organization, or in the event there is no successor organization, the organization and designation most similar), and an “ASA” appraiser means an individual who holds the Senior Member designation conferred by, and is an independent member of the American Society of Appraisers (or its successor organization, or, in the event there is no successor organization, the organization and designation most similar).
D. Upon selection, Landlord’s and Tenant’s appraisers shall work together in good faith to agree upon which of the two Estimates most closely reflects the Prevailing Market rate for the Premises. The Estimates chosen by such appraisers shall be binding on both Landlord and Tenant, subject to the Minimum Renewal Rental Rate. If either party does not Landlord or Tenant fails to appoint an appraiser within the seven (7) Business Day period referred to above, the appraiser appointed by the other party shall be the sole appraiser for the purposes hereof. If the two appraisers cannot agree upon which of the two Estimates most closely reflects the Prevailing Market rate within twenty (20) days after their appointment, then, within ten (10) days after the other party has given notice expiration of the name of its appraisersuch twenty (20) day period, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated aboveaforementioned criteria. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing Once the third appraiser (i.e., the arbitrator) has been selected as provided for above, then, as soon thereafter as practicable but in any case within fourteen (14) Business Days, the arbitrator shall make his or her determination of which of the two Estimates most closely reflects the Prevailing Market rate and such Estimate shall be binding on both Landlord and Tenant as the Prevailing Market rate for the Premises, subject to the Minimum Renewal Rental Rate. If the arbitrator believes that expert advice would materially assist him or her, he or she may retain one or more qualified persons to provide such expert advice, The parties shall share equally in the costs of the arbitrator and of paying any experts retained by the third appraiser's feearbitrator. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment Any fees of the third any appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided counsel or experts engaged directly by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no eventLandlord or Tenant, however, shall be borne by the resulting Then Monthly party retaining such appraiser, counsel or expert.
E. If the Prevailing Market Rental Rate for rate has not been determined by the commencement date of the Renewal Term be less than Term, Tenant shall pay Monthly Installments of Rent upon the Base Monthly Rent paid terms and conditions in effect during the final full last month of the initial Lease TermTerm until such time as the Prevailing Market rate has been determined. The Base Upon such determination, the Annual Rent and Monthly Installments of Rent for the Premises shall be retroactively adjusted at to the end commencement of such Renewal Term for the Premises.
F. This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise this Renewal Option.
G. If Tenant validly exercises or fails to exercise this Renewal Option, Tenant shall have no further right to extend the Term of this Lease.
H. For purposes of this Renewal Option, “Prevailing Market” shall mean the arms length fair market annual rental rate per rentable square foot under renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the same rental market in the San Mateo/▇▇▇▇▇▇ City/Redwood Shores, California area as of the thirtieth (30th) month of date the Renewal Term by multiplying is to commence, taking into account the Base Monthly Rent for specific provisions of this Lease which will remain constant. The determination of Prevailing Market shall take into account any material economic differences between the thirtieth (30th) month times a fraction the numerator terms of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the denominator manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of which Prevailing Market shall be also take into consideration any reasonably anticipated changes in the Consumer Price Index published immediately prior to Prevailing Market rate from the first (1st) month of time such Prevailing Market rate is being determined and the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termtime such Prevailing Market rate will become effective under this Lease.
Appears in 2 contracts
Sources: Office Lease Agreement (GoPro, Inc.), Office Lease Agreement (GoPro, Inc.)
OPTION TO RENEW. Landlord Tenant shall have, and is hereby grants to Tenant the granted, one (1) option to renew and to extend the Lease, for an additional term of five this Lease for a period of Five (5) years (the "“Renewal Term") with the ”), such option commencing on to follow consecutively upon the expiration of the initial term of this Lease, provided that at the time such option to renew is exercised, this Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms in full force and conditions as set forth effect and Tenant shall not be in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term default hereunder. Such option shall be as set forth below in Paragraph 3exercised, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. if at all, by Tenant shall notify Landlord of Tenant's exercise giving written notice of its right intention to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of this Lease to Landlord at least six months before the Expiration Date of this Lease, the term . Any assignment or subletting by Tenant in violation or breach of tl3e Paragraph 9 of this Lease shall terminate all rights of renewal and extension set forth herein. The renewal, if elected by Tenant, shall unless otherwise mutually agreed in writing be so extended under all of the terms and conditions of this Lease except Basic Rental (below provided) which will be changed in an amount corresponding to the new Basic Rental, and except that no further renewal option shall exist. Commencing with the first (1st) day of the first (1st) calendar month for the Renewal Term on the same terms and conditions contained in the Lease; provided, howeverterm, the Base Monthly Rent applicable Basic Annual Rental for each calendar month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be adjusted so that it is equal to the greater of: (i) mutually agreed prevailing market rate per annum for comparable space available in buildings of a quality similar to the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4Building within reasonable proximity thereto at such time. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant orshall, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this optionafter reviewing market conditions, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to mutually agree on the Then Monthly Market Basic Annual Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate charged for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termany other incentives or terms related thereto.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Mavenir Systems Inc), Commercial Lease Agreement (Mavenir Systems Inc)
OPTION TO RENEW. Landlord hereby grants Tenant shall have the right to Tenant extend the option to renew the Lease, Term of this Lease Agreement for an one (1) additional term period of five (5) years (the "Renewal Term") with upon the option commencing on following terms and conditions:
A. That Tenant is not in default in the expiration performance of any of the terms, covenants, or conditions of this Lease (Agreement either at the "First Renewal Commencement Date") and ending five (5) years thereafter (time its exercise of its rights hereunder or at the "First Renewal Expiration Date").
1. The lease time of the Leased Premises for either commencement of the Renewal Terms Term;
B. That any extension of the Term hereunder shall be on the same terms and conditions as set forth in herein contained except for Article 4 and this Article 34, and except that the Lease, except:
A. That the rental annual Minimum Rental payable for the Leased Premises during the Renewal Term shall be at the market rate for comparable space in comparable suburban office buildings in Hennepin County as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased reasonably determined by Landlord giving due consideration to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right any improvements to renew the Lease any Premise for the Renewal Term only requested by Tenant;
C. That Tenant shall exercise its right to extend the Term of this Lease Agreement by giving written notice to Landlord written notice not sooner than nine (9) months prior of its intention to the Renewal Commencement Date and not do so no later than six (6) months prior to the Renewal Commencement Date (end of the initial Term. The parties agree that time is expressly of the essence in exercising Tenant's rights hereunder and accordingly, if Tenant fails to Landlord). Any attempted exercise of this Option made other than within the time period stated or timely notify Landlord in the manner stated herein provided, Tenant's rights to extend the Term as provided for herein shall be automatically expire; and
D. Tenant's rights under this Article 34 are personal and shall become null and void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, effect in the event such agreement cannot be made within ten (10) days from Tenant assigns this Lease Agreement or sublets the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 1 contract
Sources: Lease Agreement (Eltrax Systems Inc)
OPTION TO RENEW. Landlord hereby grants to Tenant shall have the option right to renew and extend the Term of this Lease with respect to the Premises then subject to this Lease for the Option Term (as defined in Article 1 Section 1.01 of this Lease, ) upon and subject to the following terms and conditions:
(a) Tenant may extend this Lease for an additional term Two (2) Option Terms of five Five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of each by Tenant's exercise ’s giving written notice of its right intent to renew extend the Lease for the Renewal Term only by giving to Landlord written notice not sooner no later than nine thirteen (913) months prior to the Renewal Commencement Date expiration of the Primary Term (“Notice to Extend”) and not after receipt of Landlord’s consent pursuant to this Section. Within fourteen (14) calendar days after receipt of Tenant’s Notice to Extend, Landlord shall provide Tenant with written notice of the market rate as reasonably determined by Landlord for such applicable Option Term (“Landlord’s Notice”). No later than six twelve (612) months prior to the Renewal Commencement Date (time is expressly expiration of the essence Primary Term, Tenant shall give Landlord its final written notice (“Final Notice to Landlord)Extend”) as to whether Tenant elects to exercise such option to extend the Term. Any attempted Each Option Term shall commence immediately upon the expiration of the Primary Term or the preceding Option Term, as applicable, and upon exercise of this such renewal option the “Expiration Date” of the Primary Term or the preceding Option made other than within Term, as applicable, shall automatically become the time period stated or last day of the Option Term. If Tenant does not renew the Lease in a timely manner, then Tenant’s rights with respect to the manner stated Option Term shall expire and be void and of no force or effect.
(b) The exercise by Tenant of the renewal option(s) set forth herein must be made, if at all, by written notice executed by Tenant and delivered to Landlord on or before the date set forth hereinabove. In the event that Once Tenant does not or is not entitled has elected to exercise its renewal option pursuant to the Final Notice to Extend, Tenant may not thereafter revoke such exercise. Tenant shall not have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its the right to extend the term of the exercise a renewal option if Tenant is in default beyond applicable notice and cure periods provided under this Lease, either at the term time Tenant gives notice of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant its election to Landlord during the final full month of the final year of the initial Lease Termrenew, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including commencement of an Option Term. Tenant’s failure to exercise timely a renewal option for any reason whatsoever shall conclusively be deemed a waiver of such renewal option and all successive renewal options.
(c) Tenant shall take the thirtieth (30thPremises “as is” for the Option Term(s) month of the Renewal Term and the denominator of which Landlord shall be the Consumer Price Index published immediately prior have no obligation to make any improvements or alterations to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermPremises.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant Provided that no Default or Event of Default has then occurred, Lessee shall have the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on at the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, with respect to all but not less than all of the Equipment, on the terms and conditions of the Lease, for a negotiated renewal term at a periodic rent equal to the Fair Market Rental Value of such Equipment determined at the time of renewal. If Lessee desires to exercise this option it shall give Lessor written notice of its intention to exercise this option to renew at least two hundred forty (240) days before expiration of the term of tl3e the Lease with respect to the first Schedule of this series to terminate in accordance with its terms. Thereafter, Lessor and Lessee shall determine the periodic rent to be paid during the renewal term. Not less than one hundred eighty (180) days before expiration of the term of the Lease with respect to the first Schedule of this series to terminate in accordance with its terms, Lessee shall give Lessor irrevocable written notice of its election to renew on the terms mutually agreed upon during negotiations. Such election shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; providedeffective with respect to all Equipment leased under all Schedules of this series. For purposes of this Section, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term “Fair Market Rental Value” shall be calculated deemed to be an amount equal to the rental, as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Terminstalled and in use, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement obtainable in an arms’ length transaction between Landlord a willing and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord informed lessor and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa willing and informed ▇▇▇▇▇▇ County under no compulsion to appraise lease (and determine assuming that, as of the fair market monthly rental rate date of determination, the Leased Premises, Equipment is in their then existing at least the condition for the use specified in required by Section 13 of the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal TermRider No. If either party does not appoint an appraiser within ten (10) days after the other party has given notice 2 of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premisesthis Schedule). If the two appraisers parties are unable to agree on the Then Monthly Fair Market Rental Rate for Value of the Leased Premises within ten (10) days after the second appraiser has been selected or appointedEquipment, then Lessor and Lessee shall at Lessee’s expense obtain appraisal values from three independent appraisers (one to be selected by Lessor, one by ▇▇▇▇▇▇, and the other by the two selected by Lessor and Lessee; each of whom must be associated with a professional organization of equipment or personal property appraisers, such as the American Society of Appraisers) and the average Fair Market Rental Value as determined by such appraisers shall attempt to select a third appraiser meeting be binding on the qualifications stated aboveparties hereto. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed appraisers selected by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser ▇▇▇▇▇▇ and of paying the third appraiser's fee. Unless the three appraisers ▇▇▇▇▇▇ are able unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, then Lessor will select the two appraiser to provide the third appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termvalue.
Appears in 1 contract
Sources: Rider to Equipment Schedule (Powersecure International, Inc.)
OPTION TO RENEW. Landlord hereby grants to Tenant a) Lessee shall have the option to renew the Leasethis Lease for two (2) separate, for an additional term successive terms of five thirty (530) years each (the "each, a “Renewal Term") with the option Period”), commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date")Initial Term.
1. The lease of the Leased Premises for either of the Renewal Terms b) In order to seek renewal, Lessee shall be on in full compliance with the same terms and conditions as set forth in of this Lease at the time the option is exercised. Should Lessee exercise its option to renew this Lease, except:
A. That the rental for the Leased Premises during the Renewal Term Lessee shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of give City its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and of such election not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence Initial Term or subsequent Renewal Period, nor earlier than twelve (12) months from said expiration. Within sixty (60) days of receipt of Lessee’s written notice of election to Landlord)exercise its option to renew this Lease, City shall contact Lessee and schedule a time and place to negotiate changes in the terms and conditions of this Lease for the Renewal Period. Any attempted Lessee’s exercise of this Option made other than within the time period stated or in the manner stated an option shall be void and of no force or effect. In effect and any purported renewal null and void, if:
i. The Parties fail to negotiate mutually acceptable changes to the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly terms and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended conditions for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month Period prior to expiration of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant then current term; or
ii. Lessee fails to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord execute and Tenant or, in the event such agreement cannot be made return to City lease renewal documents within ten (10) calendar days from after receipt; or
iii. Lessee becomes in default in the performance of any obligations under this Lease on any day after exercise of an option to the date Tenant shall have exercised this optionlease renewal documents are executed.
c) Should Lessee exercise its option to renew, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall renewal period will be the Consumer Price Index published immediately prior subject to the period including City’s Administrative Rules addressing the thirtieth (30th) month setting of rent for leases in the Renewal Term right-of- way and the denominator of which shall will be the Consumer Price Index published immediately prior calculated pursuant to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermCity Administrative Rule TRN- 8.11.
Appears in 1 contract
Sources: Exclusive Use Utility Vault Lease
OPTION TO RENEW. Landlord hereby grants Provided that the Tenant is not in default of any of its obligations hereunder then it shall have the right to Tenant extend the option to renew term of the Lease, Lease for an one additional term period of five (5) years (hereinafter referred to as the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be determined by the parties not less than six (6) months before the expiration of the current term and shall be the market value rent which the Landlord could obtain on the open market for the Leased Premises for the same term on a vacant possession basis but as improved with the Tenant's permanent leasehold improvements and as if the terms were the same as the terms of the original Lease, but for the new expiry date and excluding the fixturing period and any other inducement offered to the Tenant and there will be no further right of renewal. If the parties are unable to agree on the amount of such rent six (6) months prior to the expiration of the current term then the issue shall be referred to a single arbitrator whose decision shall be subject to a right of appeal, all in accordance with the provisions of the Commercial Arbitration Act, R.S.B.C., C. 55. All other terms and conditions of this Lease shall apply during the extended term except as specifically set forth below hereinbefore. Provided that, in Paragraph 3, and
B. That no event shall the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease Annual Rent for the Renewal Term only be less than the Annual Rent payable in the last year of the preceding term. This right shall be exercised by giving to Landlord the Tenant delivering a written notice not sooner than to the Landlord of its intention to extend at least nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effectinitial term. In the event that the Tenant does not or is not entitled fails to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right give such notice to extend the term of the LeaseLandlord as herein provided, the term of tl3e this Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted automatically terminate at the end of the thirtieth (30th) month current term. In the event of the Renewal renewal of this Lease, any reference herein to the Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior deemed to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of include the Renewal Term.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to (a) Provided that Tenant the does not have a history of repeated nonperformance of its monetary obligations and there shall not then be existing an Event of Default under this Lease, Tenant shall have one option to renew extent the Lease, Term of this Lease for an additional the Renewal term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in Subparagraph 1(q) commencing on the Lease, except:
A. That day after the rental for the Leased Premises during the Renewal Term Expiration Date. Such option shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {exercisable by written notice (the "increased Security Deposit AmountRenewal Notice").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving ) to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and given not later than six (6) months prior to the Renewal Commencement Date (time is expressly Expiration Date. Notwithstanding the preceding sentence, Landlord in its sole discretion, may waive any Event of Default by Tenant and no such Event may be used by Tenant to negate the essence to Landlord). Any attempted effectiveness of Tenant's exercise of this Option made other than within option. The Renewal Term shall constitute an extension of the time period stated or in the manner stated initial Term of this Lease and shall be void and upon all of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained as the initial Term, except that (i) there shall be no further option to renew the Term of this Lease in the Lease; providedRenewal Term, however(ii) Landlord shall not be required to furnish any materials or perform any work to prepare the Premises for Tenant's occupancy and Landlord shall not be required to reimburse Tenant for any Alterations made or to be made by Tenant, and (iii) the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant payable at a rate per annum equal to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice value of the name of its appraiser, the other party can then apply to the President Premises as of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month day of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of During the Renewal Term, all Additional Rent that Tenant is obligated to pay under this Lease during the initial Term hereof shall continue without interruption, it being the intention of the parties hereto that the Renewal Term shall be deemed a part of and continuation of the initial Term of this Lease.
(b) It is an express condition of the option granted to Tenant pursuant to the terms of this Paragraph 31 that time is of the essence with respect to Tenant's exercise of such option within the period above provided.
Appears in 1 contract
OPTION TO RENEW. Landlord Tenant is hereby grants granted two (2) successive options to Tenant renew this Lease on the following terms and conditions:
A. At the time of the exercise of an option to renew and at the time of the commencement of the said renewal, the Tenant shall not be in default in accordance with the terms and provisions of this Lease (all required notices having been given and all relevant cure periods having expired), and shall be in possession of the entire Premises pursuant to this Lease.
B. Notice of the exercise of each option shall be sent to the Landlord, in writing, at least nine (9) months before the expiration of the then current Term of this Lease.
C. Each renewal term (hereinafter “Renewal Term”) shall be for an additional term a period of five (5) years (the "Renewal Term") with the option commencing on to commence at the expiration of the Lease (initial Term or the "First Renewal Commencement Date") then current Term of this Lease, and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease all of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises of this Lease (except that Base Rent payable during the respective Renewal Term shall be as set forth below at the rate that is the greater of ninety five percent (95%) of fair market rent or the net Base Rent payable in Paragraph 3, andthe last month of the immediately preceding Term) shall apply during the respective Renewal Term.
B. That D. If Tenant fails to exercise the Security Deposit first renewal option for the Premises the later renewal option shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date considered null and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no further force or and effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3E. Fair market rent shall be a rental rate equal to the then current market rate, for comparable space in other buildings comparable to the Premises in the submarket taking into account all relevant factors including the size and cost of the building in question when compared to the Premises and the amenity package available for the building in question when compared to the Premises, the creditworthiness of the Tenant, all concessions which are being offered to renewal tenants as new tenant improvements, size and location of the space and the rate shall specifically exclude amounts previously attributed to Tenant’s original Tenant Improvements (collectively the “Market Rate”). If Tenant shall have properly and timely exercised its right Upon receiving notice of Tenant’s intent to extend the term of the Lease, Landlord shall notify Tenant in writing of its determination of Market Rate. In the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month event Tenant rejects Landlord’s determination of the first Market Rate, Tenant shall include with its notice of rejection, Tenant’s determination of Market Rate. Landlord and Tenant shall then negotiate in good faith for thirty (30) months days following the delivery of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant Tenant’s notice to Landlord during in an attempt to reach an agreement as to the final full month Market Rate. If, however, Landlord and Tenant are unable to reach an agreement as to the Market Rate, then Tenant shall have the option within five (5) days following the end of such thirty (30) day period to (1) revoke its election to extend the final year term of the initial Lease Termthis Lease, or (ii2) to request non-binding mediation. In the Then Market Rental Rate for event that Tenant shall revoke its notice to extend the term of this Lease, the Lease Premises.
4shall expire per its terms. The term "Then Monthly Market Rental Rate" In the event that Tenant shall be determined by mutual agreement between elect the non-binding mediation, then Landlord and Tenant orshall, in the event such agreement cannot be made within ten (10) days from thereafter, each designate a qualified real estate professional. The two (2) such appointees shall within five (5) days thereafter, designate a third real estate professional having substantially similar qualifications. After a third real estate professional has been designated in accordance with the date Tenant above paragraph, then within twenty (20) days after the appointment of the third representative, the group shall have exercised this optionpresent their findings regarding the issues of market terms and conditions to both the Landlord and Tenant. If, at that time, Landlord and Tenant shall each appoint a real estate appraiser are in agreement with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointedmediation group’s findings, then the two appraisers Lease shall attempt be modified under those terms and conditions. If, at the time of the mediation group’s presentation, no agreement can be reached then, Tenant’s sole option is to select a third appraiser meeting cancel the qualifications stated above. If they fail option to renew or to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each to Landlord’s determination of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermRate.
Appears in 1 contract
Sources: Lease (Nanosphere Inc)
OPTION TO RENEW. Landlord hereby grants to If the Tenant is “DIRTT Environmental Solutions Ltd.” or any subsidiary thereof and is itself in occupation of the option to renew whole of the Lease, for an additional term of five (5) years (Premises throughout the "Renewal Term") Term in accordance with the option commencing on Lease and if the Tenant is not in default and has not been in default during the Term, and the Tenant has delivered a written notice to the Landlord not less than nine (9)months and not more than twelve (12)months before the expiration of the Lease (Term that the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right wishes to renew the Term, then the Landlord shall renew the Term of the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to entire Premises at the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to LandlordTerm for a period of five (5)years (the “Renewal Term”). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the The Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) then prevailing standard base rent in the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease TermBuilding for comparable industrial space, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" failing which, shall be determined by mutual the Arbitration Act of Alberta. All other terms and conditions of the Lease will apply to the Renewal Term, except that there will be no leasehold improvement allowance, no free rent, no Landlord’s work and no further right to renew the Term of the Lease. If the parties are able to agree upon a Base Rent within such sixty (60)day period, then the Tenant shall sign the Landlord’s then current standard form of net lease for the Building to document the Renewal Term or, at the Landlord’s option, a lease renewal agreement between prepared by the Landlord to reflect the terms of the Renewal Term. It is understood and agreed that the Tenant, in exercising this right, shall be deemed to be exercising a right to renew the Term for all space which the Tenant is occupying in the Building. 09/20/2019 (DIRTT ENVIRONMENTAL SOLUTIONS LTD) Source 1.7Rental: ($.025/sq. ft.)$16,515.60 per Lease Term paid in monthly installments of $1,376.30, including during Renewal Term. Rent shall be adjusted in accordance with Section4.2. 09/13/2019 (Social Capital Hedosophia Holdings Corp.) Source and any rate so agreed to by Landlord and Tenant or, in shall equal the event such agreement Base Rent for the Renewal Term. If the parties cannot agree on the Base Rent for the Renewal Term within 30 days after Landlord submits its determination for the Base Rent for the Renewal Term to Tenant, and Tenant desires to exercise its option to extend, the decision shall be made referred to an arbitrator who shall be reasonably acceptable to Landlord and Tenant. If Landlord and Tenant cannot agree on an arbitrator within ten (10) 30 days from after the date Tenant shall have exercised this optionexpiration of the aforementioned 30-day period, Landlord and Tenant shall each appoint a member of the Cincinnati Board of Realtors who is either a MAI appraiser or licensed real estate appraiser broker and whose business is primarily appraising commercial real estate or office sales/leasing in the Cincinnati, Ohio market, provided that if either party fails to notify the other of their selection within 10 days of the expiration of the aforementioned 30-day period, the arbitrator selected by the party who did so notify the other shall be the sole arbitrator. If each party duly appoints an arbitrator in accordance with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County the terms hereof, the two arbitrators shall appoint a third duly qualified arbitrator reasonably acceptable to appraise each arbitrator and determine such third arbitrator shall be the fair market monthly rental rate sole arbitrator hereunder. The arbitrator shall choose solely from the Leased Premises, in their then existing condition Landlord’s or the Tenant’s Base Rent for the use specified in Renewal Term, and the Lease could rate so selected by the arbitrator shall be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises Base Rent for a term equal to the Renewal Term. If either party does not appoint Any fees or remuneration due or payable to the arbitrators shall be split equally by the Landlord and Tenant. The Base Rent shall be paid at the same time and in the same manner as provided in the Lease. All references in this Lease to “Term” shall be deemed to mean and include the Initial Term and the Renewal Terms, as appropriate. 04/27/2016 (Medpace Holdings, Inc.) Source Contractual agreement in which an appraiser within ten asset's owner lets someone else use it in exchange for payment For other uses, see Lease (10disambiguation). This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these messages) days after This article may be too technical for most readers to understand. Please help improve it to make it understandable to non-experts, without removing the other party has given notice technical details. (June 2020) (Learn how and when to remove this message) This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.Find sources: "Lease" – news · newspapers · books · scholar · JSTOR (June 2014) (Learn how and when to remove this message) (Learn how and when to remove this message) A sign in Chicago offering space for lease A lease is a contractual arrangement calling for the user (referred to as the lessee) to pay the owner (referred to as the lessor) for the use of an asset.[1] Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. In essence, a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the name asset, while the lessee obtains the right to use the asset in return for regular rental payments.[2] The lessee also agrees to abide by various conditions regarding their use of its appraiserthe property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: A lease in which the asset is tangible property.[3] Here, the other party user rents the asset (e.g. land or goods) let out or rented out by the owner (the verb to lease is less precise because it can then apply refer to the President either of these actions).[4] Examples of a lease for intangible property include use of a computer program (similar to a license, but with different provisions), or use of a radio frequency (such as a contract with a cell-phone provider). A periodic lease agreement (most often a month-to-month lease) internationally and in some regions of the Santa ▇▇▇▇▇ County Real Estate Board or United States.[5] A lease is a legal contract, and thus enforceable by all parties under the presiding Judge contract law of the Superior Court applicable jurisdiction. In the United States, since it also represents a conveyance of possessory rights to real estate, it is a hybrid sort of contract that County for the selection involves qualities of a second appraiser who meets deed. Some kinds of leases may have specific clauses required by statute depending upon the qualifications stated aboveproperty being leased, the jurisdiction in which the agreement was signed, and the residence of the parties. The failing party shall bear the cost Common elements of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each lease agreement include: Names of the parties shall bear oneof the agreement. The starting date and duration of the agreement. Identifies the specific object (by street address, VIN, or make/model, serial number) being leased. Provides conditions for renewal or non-half renewal. Has a specific consideration (1/2a lump sum, or periodic payments) for granting the use of this object. Has provisions for a security deposit and terms for its return. May have a specific list of conditions which are therein described as Default Conditions and specific Remedies. May have other specific conditions placed upon the parties such as: Need to provide insurance for loss. Restrictive use. Which party is responsible for maintenance. Termination clause (describing what will happen if the contract is ended early or cancelled by either of the parties, stating the rights of parties to terminate the lease, and their obligations) All kinds of personal property (e.g. cars and furniture) or real property (e.g. raw land, apartments, single family homes, and business property, which includes wholesale and retail) may be leased. As a result of the lease, the owner (lessor) grants the use of the stated property to the lessee. The narrower term 'tenancy' describes a lease in which the tangible property is land (including at any vertical section such as airspace, storey of building or mine). A premium is an amount paid by the tenant for the lease to be granted or to secure the former tenant's lease, often in order to secure a low rent, in long leases termed a ground rent. For parts of buildings it is most common for users to pay also by collateral contract, or by the same contract, a service charge which is normally an express list of services in a lease to minimize disputes over service charges. A gross lease or tenancy stipulates a rent that is for the global amount due including all service charges. A cancelable lease (UK: determinable/breakable lease) is a lease that may be terminated (formally determined) solely by the lessee or solely by the lessor without penalty. A mutually determinable lease can be determined by either. A non-cancelable lease is a lease that cannot be so terminated. Commonly, "lease" may imply a non-cancelable lease, whereas "rental agreement" may connote a cancelable lease. Influenced by land registration, commonly tenancies initially granted for more than a year are referred to more simply as leases.[6] The lease will either provide specific provisions regarding the responsibilities and rights of the lessee and lessor, or there will be automatic provisions as a result of local law. In general, by paying the negotiated fee to the lessor, the lessee (also called a tenant) has possession and use (the rental) of the cost of appointing leased property to the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment exclusion of the third appraiserlessor and all others except with the invitation of the tenant. The most common form of real property lease is a residential rental agreement between landlord and tenant.[7] As the relationship between the tenant and the landlord is called a tenancy, this term generally is also used for informal and shorter leases. The right to possession by the tenant is sometimes called a leasehold interest. A lease can be for a fixed period of time (called the term of the lease). A lease may be terminated sooner than its end date by: Break/cancellation (this depends upon the terms of the lease) A negotiated deed of surrender or yielding-up. Forfeiture By operation of statute (rare) A lease should be contrasted with a license, which may entitle a person (called a licensee) to use property, but which is subject to termination at the will of the owner of the property (called the licensor). An example of a licensor/licensee relationship is a parking lot owner and a person who parks a vehicle in the parking lot. A license may be seen in the form of a ticket to a baseball game or a verbal permission to sleep a few days on a sofa. The difference is that if there is a term (end time), a degree of privacy suggestive of exclusive possession of a clearly defined part, practised ongoing, recurrent payments, a lack of right to terminate save for misconduct or nonpayment, these factors tend toward a lease; by contrast, a one-time entrance onto someone else's property is probably a license. The seminal difference between a lease and a license is that a lease generally provides for regular periodic payments during its term and a specific ending date. If a contract has no ending date then it may be in the form of a perpetual license and still not be a lease. Under normal circumstances, owners of property are at liberty to do what they want with their property (for a lawful purpose), including dealing with it or handing over possession of the property to a tenant for a limited period of time. If an owner has granted possession to another (i.e., the two appraisal amounts being calculated most closely togethertenant) then any interference with the quiet enjoyment of the property by the tenant in lawful possession is itself unlawful. Similar principles apply to real property as well as to personal property, after having discarded though the appraisal amount which most greatly varies terminology differs. The right to sub-lease may or may not be permitted to a tenant. Where it is permitted, the lease granted directly by the owner is called a "headlease", or sometimes a "master lease". Headlease tenants and their tenants who may in turn also sublet are termed mesne /miːn/ landlords from the other two appraisal amounts, shall be added together then divided by two (2)old French for middle. The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In headlease tenant has no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at right to grant a sublease which extends beyond the end of the thirtieth (30th) month headlease.[8] To circumvent privity of estate which is the general principle flowing from privity of contract, laws exist in several jurisdictions to bind subtenants to some of the Renewal Term restrictive covenants (terms) of the headlease, for instance in England and Wales those which have been held by multiplying courts to touch and concern the Base Monthly Rent land.[9] A transfer of a remaining interest in a lease, assignment, is a type of (alienation) is often possible and an implied rights to assign exist by compulsory law or as a default position in some jurisdictions. Sharing or parting with possession can be a breach of certain leases resulting in action for forfeiture. Enfranchisement is the thirtieth (30th) month times obtaining of the landlord's title and is most commonly negotiated with the landlord where a fraction tenant pays only a ground rent. Merger is where the numerator of which shall landlord and tenant happen to be the Consumer Price Index published immediately prior same and can terminate a lease where there are no subtenants in certain jurisdictions. In the United States a lessee may negotiate a right of first refusal clause into their land or property lease giving them the right to make a purchase offer on the property before the lessor can negotiate with third-party buyers. This gives tenants the ability to commit to a piece of property before any other potential buyers have the opportunity.[10][11] Over the centuries, leases have served many purposes and the nature of legal regulation has varied according to those purposes and the social and economic conditions of the times. Leases, for example, were mainly used for agricultural purposes until the late 18th century and early 19th century when the growth of cities in industrialized countries made leases an important form of landholding in urban areas. The modern law of landlord and tenant in common law jurisdictions retains the influence of the common law and, particularly, the laissez-faire philosophy that dominated the law of contract and property law in the 19th century. With the growth of consumerism, consumer protection legislation recognized that common law principles, which assume equal bargaining power between the contracting parties, create hardships when that assumption is inaccurate. Consequently, reformers have emphasized the need to assess residential tenancy laws in terms of protection they provide to tenants. Legislation to protect tenants is now common. Consequently, Common law has treated Lease as not similar or equivalent to a common commercial contract, especially in regard to the question of whether a Lease Agreement can be terminated by notice, in the same way and manner as a usual commercial contract. A fixed-term tenancy or tenancy for years lasts for some fixed period including of time. It has a definite beginning date and a definite ending date. Despite the thirtieth name "tenancy for years", such a tenancy can last for any period of time —even a tenancy for one week may be called a tenancy for years. At common law the duration did not need to be certain, but could be conditioned upon the happening of some event, (30th) month e.g., "until the crops are ready for harvest" or "until the war is over"). In many jurisdictions that possibility has been partially or totally abolished. A fixed term tenancy comes to an end automatically when the fixed term runs out or, in the case of a tenancy that ends on the happening of an event, when the event occurs. If a holdover tenant remains on the property after the termination of the Renewal Term lease, s/he may become a tenant at sufferance because the lessor/landlord has suffered (or allowed) the tenant to remain as a tenant instead of evicting him or her. Such a tenancy is generally "at will," meaning the tenant or the landlord may terminate it at any time, upon the providing of proper statutory notice. This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (November 2017) (Learn how and when to remove this message) A periodic tenancy, also known as a tenancy from year to year, month to month, or week to week, is an estate that exists for some period of time determined by the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month term of the Renewal Termpayment of rent. In no eventAn oral lease for a tenancy of years that violates the Statute of Frauds (by committing to a lease of more than one year—depending on the jurisdiction—without being in writing) may actually create a periodic tenancy, however, shall depending on the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months laws of the Renewal Term.jurisdiction where the leased pre
Appears in 1 contract
Sources: Lease Agreement
OPTION TO RENEW. Landlord hereby grants to (a) Tenant the option to may further renew the Lease, Term for an one (1) additional term period of five (5) years (the "Renewal Term") with the option commencing on the expiration “Option Period”), by delivering written notice of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving thereof to Landlord written notice not sooner earlier than twelve (12) months nor later than nine (9) months prior before the expiration of the Extended Term. The Option Period will be on the same terms, covenants, and conditions of the Amended Lease, except that the Basic Rental payable for such Option Period will be equal to the Renewal Commencement Date and not later than six Prevailing Rental Rate (6as hereinafter defined) months prior for such Option Period (as determined pursuant to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise terms of this Option made other than within the time period stated or in the manner stated shall be void Paragraph 8), and of no force or effect. In the event except that Tenant does not will have no further right to renew or is not entitled extend the Term.
(b) If Tenant fails to exercise its option to extend the Term within the period of time for exercise set forth in this Paragraph 8, Tenant’s option to extend the Term will continue in full force and effect until Landlord gives Tenant shall have no further rights hereunder.
3notice of such failure to exercise said option to extend the Term (“Oops Notice”). If Tenant shall fails to exercise its option to extend the Term within ten (10) business days after receipt of an Oops Notice from Landlord, then and only then will Tenant’s option to extend the Term expire. Landlord will have properly no obligation to do any work or perform any special services with respect to the Premises for such Option Period (subject to Landlord’s ongoing repair, maintenance, service, and timely exercised legal compliance obligations set forth in the Amended Lease). However, the Basic Rental determined as set forth in this Paragraph 8 may include a market rate refurbishment allowance.
(c) The “Prevailing Rental Rate” for the Option Period will be the fair market Basic Rental which a tenant would pay upon leasing non-sublease, non- encumbered, non-equity space similar to the space in question in the Building or in buildings of comparable quality within the CBD (as hereinafter defined), taking into consideration that Tenant is exercising a right to extend the Term and all other relevant factors, including, without limitation, the length of the Option Period and the credit standing of Tenant. Within ten (10) days after the exercise by Tenant of its right to extend the term Term for the Option Period, Landlord will submit to Tenant Landlord's determination of the Lease, the term of tl3e Lease shall be so extended Basic Rental for the Renewal Term on Premises for the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month Option Period. If Tenant does not notify Landlord of its acceptance of Landlord’s determination of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent Basic Rental for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate Premises for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser Option Period within ten (10) days after receipt of Landlord’s determination of the Basic Rental for the Premises for the Option Period (the “First 10 Day Period”), then the parties will proceed as provided in Paragraph 8(d) below.
(d) Within five (5) days after the First 10 Day Period (the “Initial 5 Day Period”), Landlord and Tenant will each simultaneously submit to the other in a sealed envelope its suggested Basic Rental for the Premises for the Option Period, which rental will be the Prevailing Rental Rate for the Premises for the Option Period (but Landlord's rent determination need not be the same rent as provided pursuant to Paragraph 8(c) above). If either party has given notice of does not submit its suggested Basic Rental for the name of its appraiserPremises for the Option Period during the Initial 5 Day Period, the other party can party’s determination of Basic Rental for the Premises for the Option Period will be final and binding. If the higher of such suggested Basic Rental for the Premises for the Option Period is not more than one hundred five percent (105%) of the lower of such suggested rentals for each year of the Option Period, then apply the average of the two suggested Basic Rental figures for the Premises for the Option Period will be the Basic Rental for the Premises for such Option Period. Otherwise, Landlord and Tenant will negotiate in good faith to agree upon the Basic Rental for the Premises for the Option Period, and if Landlord and Tenant are unable to agree to the President Basic Rental for the Premises for the Option Period within five days after the expiration of the Santa Initial 5 Day Period (the “Second 5 Day Period”), the determination of the Basic Rental for the Premises for the Option Period will be made in accordance with Paragraph 8(e) below.
(e) Within five (5) days after the expiration of the Second 5 Day Period, Landlord and Tenant will mutually select an MAI appraiser with experience in real estate activities, including at least five (5) years' experience in appraising office space in the Central Business District of Detroit, Michigan (“CBD”), which appraiser will be hereinafter referred to as a “Qualified Appraiser.” If the parties cannot agree on a Qualified Appraiser during such five day period, then within five days thereafter, each party will select an independent MAI Qualified Appraiser and, within five days thereafter, the two appointed appraisers will select a third Qualified Appraiser and the third Qualified Appraiser will determine the Basic Rental for the Premises for the Option Period in accordance with Paragraph 8(f) below. If either Landlord or Tenant fails to make such appointment of a Qualified Appraiser within said five day period, the Qualified Appraiser who is timely selected will determine the Basic Rental for the Premises for the Option Period.
(f) Once the appraiser or third appraiser (the “Deciding Appraiser”) has been selected as provided in Paragraph 8(e) above, the Deciding Appraiser will, as soon as reasonably practicable thereafter and without reference to Landlord’s and Tenant’s Basic Rental determinations, make its own independent determination as to the Prevailing Rental Rate for the Premises for the Option Period (the “Independent Determination”). Once the Independent Determination is made, the Basic Rental for the Premises for the Option Period will be the figure submitted by Landlord and Tenant which is closer to the Independent Determination, which result will be binding on Landlord and Tenant. Landlord and Tenant will equally share the cost of such appraisal.
(g) Tenant’s rights under this Paragraph 8 will terminate, at Landlord’s option, if (i) an Event of Default exists as of the date of Tenant’s exercise of its rights under this Paragraph 8, (ii) the Amended Lease or Tenant’s right to possession of any of the Premises is terminated, or (iii) Tenant assigns its interest in the Amended Lease or sublets any portion of the Premises, other than pursuant to an assignment or sublease that does not require ▇▇▇▇▇ County Real Estate Board or ▇▇▇▇’s consent under the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermAmended Lease.
Appears in 1 contract
Sources: Lease (Rocket Companies, Inc.)
OPTION TO RENEW. Landlord hereby grants (a) Provided that (i) this Lease is in full force and effect as of the date of the Renewal Notice (as defined below) and as of the originally scheduled expiration of the Lease Term; (ii) Tenant is not then in Default under this Lease as of the dates referred to in clause (i) above; and (iii) Tenant has been continuously operating in the option Leased Premises throughout the Lease Term and has not assigned this Lease or sublet more than sixty percent (60%) of the Leased Premises (other than to renew a Permitted Transferee), Tenant shall have three (3) separate options to extend the LeaseLease Term for the entire Leased Premises, each for an additional term a period of five (5) years (the "each, a “Renewal Term"”, and collectively, the “Renewal Terms”) with the option commencing on the date immediately following the expiration of the initial Lease Term (or the "First previous Renewal Commencement Date"Term, as applicable). Tenant may exercise each such option by delivering written notice (a “Renewal Notice”) and ending five to Landlord not less than twelve (512) years thereafter months prior to (but not more than twenty-four (24) months prior to) the "First Renewal Expiration Date").
1. The lease expiration of the Leased Premises for either initial Lease Term (or the expiring Renewal Term, as applicable). Each Renewal Term, if properly exercised by Tenant as set forth herein, shall constitute an extension of the Renewal Terms Lease Term and shall be on upon all of the same terms and conditions then in effect under this Lease, except that (i) there shall be no further option to renew or extend the Lease Term during the third Renewal Term, and (ii) Minimum Annual Rent for each Renewal Term shall be payable at a rate per annum equal to the Fair Market Rental (as set forth defined below) for the Leased Premises for the applicable Renewal Term. If Tenant shall duly and timely exercise one of Tenant’s rights to extend the Lease Term for a Renewal Term pursuant to the terms hereof, all of the applicable references in this Lease to the Lease Term shall be deemed to include such Renewal Term. During each Renewal Term, Tenant shall continue to pay Tenant’s Proportionate Share of Operating Expenses without interruption unless otherwise agreed to by Landlord and Tenant in writing.
(b) If Tenant shall timely deliver a Renewal Notice to Landlord, then not later than twenty (20) days after the date such Renewal Notice is delivered, Landlord shall notify Tenant of Landlord’s determination of the Fair Market Rental for the applicable Renewal Term. For purposes of the foregoing, the “Fair Market Rental” shall be the rental rate charged for leased premises of comparable size and condition as the Leased Premises in the LeaseResearch Triangle Park office and research and development market, except:
A. That taking into consideration the rental location and quality of the Building, term of lease, and any material economic differences between the terms of this Lease and the terms of any comparable lease (including abatement periods, tenant improvement or refurbishment allowances, architectural fees, brokerage commissions and any other relevant cash and non-cash incentives, inducements, concessions and other relevant factors). If ▇▇▇▇▇▇ delivers to Landlord a written objection to Landlord’s calculation of the Fair Market Rental within ten (10) business days after ▇▇▇▇▇▇’s receipt of Landlord’s determination of the Fair Market Rental, then the parties shall meet and confer in good faith (which such meeting may be telephonic or electronic) and if the parties cannot agree on the Fair Market Rental within twenty (20) days after ▇▇▇▇▇▇’s written objection, then Tenant may retract its exercise of its option to extend at no cost to Tenant, or Tenant may choose arbitration to determine the Fair Market Rental. If Tenant chooses arbitration, Tenant shall give Landlord written notice of its desire to seek arbitration within five (5) business days after expiration of such twenty (20) day period (“Arbitration Notice”). Within ten (10) days after Tenant provides Landlord with its Arbitration Notice, the parties shall each appoint an appraiser to determine the Fair Market Rental for the Leased Premises during the applicable Renewal Term Term. Each appraiser so selected shall be as set forth below in Paragraph 3an MAI appraiser or a licensed real estate broker, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within having at least ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal prior experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified appraisal or leasing of comparable space in the Lease could be leased for, on the same terms and conditions set forth metropolitan area in the Lease, to a qualified tenant ready, willing and able to lease which the Leased Premises for are located and with a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice working knowledge of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser current rental rates and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premisespractices. If the two appraisers are unable to cannot agree on upon the Then Monthly Fair Market Rental Rate for the Leased Premises within ten twenty (1020) days after their appointment, then, within five (5) business days after the second appraiser has been selected or appointedexpiration of such twenty (20) day period, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above criteria. Once the third appraiser has been selected as provided for above. If they fail , each of the initial appraisers shall deliver its determination of the Fair Market Rental to agree on a the third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the and such third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises shall within ten (10) business days after its appointment select the selection or appointment determination made by one of the initial two appraisers that most closely approximates the third appraiser, ’s own determination of the two appraisal amounts being calculated most closely together, after having discarded Fair Market Rental. The determination of the appraisal amount which most greatly varies from Fair Market Rental selected by the other two appraisal amounts, third appraiser shall be added together then divided by two (2). The resulting rental amount shall be defined used as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Minimum Annual Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the applicable Renewal Term and the denominator of which shall be binding on both Landlord and Tenant. Landlord and Tenant shall each bear the Consumer Price Index published immediately prior to cost of its appraiser and shall share the first (1st) month cost of the Renewal Termthird. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months If ▇▇▇▇▇▇ delivers a written objection to Landlord’s calculation of the Renewal TermFair Market Rental within the 10-business day time period referenced above but fails to provide the Arbitration Notice as provided above, then Tenant’s exercise of its option to extend shall be deemed retracted.
Appears in 1 contract
Sources: Lease Agreement (Grail, LLC)
OPTION TO RENEW. Landlord hereby grants to (a) Tenant the shall have one option to renew extend the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises Lower Lobby A Space for either one four month period until December 31, 2000 (such additional period being hereafter referred to as the "LLAS Extension Period"), provided that the LLAS Extension Period does not interfere with Landlord's leasing plan for the Building, which determination Landlord shall make in its sole discretion. Tenant's option so to extend may be exercised only by Tenant's giving notice to that effect to Landlord not earlier than July 15, 2000 and not later than July 31, 2000, and time shall be of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased essence with respect to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2exercise of such option. Tenant Landlord shall notify Tenant within 15 days ("Landlord's Rejection Period") after receipt of Tenant's notice duly exercising its option to extend the term of the lease of the Lower Lobby A Space that Landlord of is rejecting Tenant's exercise because same interferes with Landlord's leasing plan, in which event Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated option shall be null and void and of no force or effect. In Subject to the event provisions of subsection (b) of this Section 4, upon the giving of such notice and upon the expiration of Landlord's Rejection Period without Landlord having rejected Tenant's exercise of its option, the term of the lease of the Lower Lobby A Space only shall be extended for the LLAS Extension Period, without the execution of any further instrument. Unless the context shall otherwise require, the LLAS Extension Period shall be upon the same terms, covenants and conditions as shall be in effect immediately prior to such extension, except that Tenant does not there shall be no right or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Leaselease of the Lower Lobby A Space for any period of time beyond December 31, 2000.
(b) The exercise of such option to extend the term of tl3e Lease the lease with respect to the Lower Lobby A Space at a time when an Event of Default shall have occurred and be continuing, shall be so extended for void and of no force and effect, unless Landlord shall elect otherwise. The termination of the Renewal Lease during the original or any Extended Term shall also terminate and render void any option or right on Tenant's part to extend the same terms term of the lease with respect to the Lower Lobby A Space, whether or not any such option or right shall have been exercised; and conditions nothing contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term this Section 4 shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid prevent Landlord from exercising any right or option granted to or reserved by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could to terminate the Lease. This option may not be leased forsevered from the Lease or separately sold, on assigned or otherwise transferred.
(c) During the LLAS Extension Period, Fixed Rent, the PILOT Payments, the Operating Payments and all other rent and charges payable with respect to the Lower Lobby A Space shall continue and be the same terms and conditions set forth in as for the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a initial term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President lease of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermLower Lobby A Space.
Appears in 1 contract
Sources: Lease (Dow Jones & Co Inc)
OPTION TO RENEW. Landlord hereby grants to 40.1 Provided this Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of this Lease at the time of notification or commencement, Tenant shall have one (1) option to renew (the Lease“Renewal Option”) this Lease for a term of one (1) year (the “Renewal Term”), for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
40.1.1 If Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is two hundred seventy (270) days prior to the expiration of the Term of this Lease but no later than the date which is one hundred twenty (120) days prior to the expiration of the Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease.
40.1.2 The Annual Rent and Monthly Installment of Rent in effect at the expiration of the Term of this Lease shall be increased to reflect the current fair market rental for comparable space in the Building and in other similar buildings in the same rental market as of the date the Renewal Term is to commence, taking into account the specific provisions of this Lease which will remain constant. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Rent for the Premises no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option under this Article 40. Said notification of the new Annual Rent may include a qualified tenant ready, willing and able provision for its escalation to lease the Leased Premises provide for a term equal to change in fair market rental between the time of notification and the commencement of the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, event shall the resulting Then Annual Rent and Monthly Market Rental Rate Installment of Rent for the Renewal Term be less than the Base Annual Rent and Monthly Installment of Rent paid during in the final full month preceding period.
40.1.3 This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid option to renew.
40.1.4 If the Renewal Option is validly exercised or if Tenant fails to validly exercise the Renewal Option, Tenant shall have no further right to extend the term of this Lease.
40.1.5 Notwithstanding anything herein to the contrary, the Renewal Option is subject and subordinate to the expansion rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant of the initial Lease Term. The Base Monthly Rent shall be adjusted at Building existing on the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termdate hereof.
Appears in 1 contract
OPTION TO RENEW. Landlord 17.1 Tenant is hereby grants to Tenant the granted an option to renew the Lease, this Lease for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on year term upon the same terms and conditions as are provided herein except that the rent during such renewal term shall be adjusted as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term this Paragraph. Said option to renew shall be as set forth below in Paragraph 3, and
B. That exercised by the Security Deposit shall be increased Tenant giving notice by certified mail to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than Landlord, return receipt requested, at least six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord)initial term. Any attempted It shall be a condition of the exercise of this Option made other than within the foregoing option that at the time of the exercise of said option the Tenant shall not be in default beyond any grace period stated or herein provided in the manner stated shall be void and performance of no force any of the terms or effect. provisions contained in this Lease.
17.2 In the event that the Tenant does not or is not entitled to exercise exercises its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e renew this Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least an additional five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine year period, the fair market monthly rental rate the Leased Premises, in their then existing condition annual rent during said renewal term shall be adjusted as follows:
(i) The Consumer Price Index for All Urban Consumers (1987=100) "All Items" for the use specified City nearest the location of the Building issued by the Bureau of Labor of the Department of Labor for the month of June in the calendar year during which the initial term of this Lease could expires (hereinafter referred to as "Comparison Index") shall be leased for, on compared to the same terms and conditions set forth Consumer Price Index for the month of June in the Leasecalendar year during which this Lease commences (hereinafter referred to as the "Base Index"). If said Comparison Index exceeds the Base Index, to a qualified tenant ready, willing and able to lease the Leased Premises annual rent for a the renewal term equal shall be adjusted by multiplying the annual rent being paid prior to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month expiration of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term term, by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction fraction, the numerator of which shall be is the Consumer Price Comparison Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which is the Base Index.
(ii) The comparisons and adjustments, if any provided for herein shall be made as soon as the Consumer Price Comparison Index published immediately prior has been made available by the Department of Labor. The Landlord shall, after making the necessary computation, notify the Tenant, in writing, of the adjusted annual rent to be charged during the renewal term if the option to renew is exercised.
(iii) If during the term of this Lease the Bureau of Labor shall substitute a new base for the 1987=100 base hereinbefore stipulated as of the Index base, Landlord and Tenant agree that such substituted base, adjusted and equated to the first (1st) month 1987=100 base in the manner recommended by said Bureau of Labor, shall then become and be the Renewal TermIndex for all purposes of this Paragraph. In no eventthe event the Index shall cease to be published, howeverthen, shall the Base Monthly Rent for the last thirty (30) months purposes of either Renewal Term this Paragraph, there shall be less than the Base Monthly Rent substituted for the first thirty (30) months of the Renewal TermIndex such other index as Landlord and Tenant shall agree upon.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant A. Lessee (provided there is no Default at the option to renew the Lease, for an additional term time of five (5) years (the "Renewal Term") with the option commencing on exercise or at the expiration of the Lease Term or, if applicable, the then-current extension of the Lease Term) shall have the option to continue this Lease in effect for three additional independent periods, the first for ten Lease Years and the final two for five Lease Years each (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration DateExtension Period").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or the option to renew is not entitled to exercise its option Tenant exercised, then during said Extension Period, all terms, conditions, covenants, representations, warranties and obligations herein contained shall have no further rights hereunder.
3. If Tenant shall have properly remain in full force and timely exercised its right to extend the term of the Leaseeffect, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, if Lessee shall have exercised its third Extension Period, there shall be no further right to so renew, and provided that Base Annual Rental shall adjust pursuant to Paragraph D below.
C. Lessee shall exercise such renewal option by giving written notice to Lessor of such exercise not more than two hundred seventy (270) days nor less than two hundred ten (210) days prior to the Base Monthly Rent for each month expiration of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) if applicable, the Then then-current extension of the Lease Term.
D. Base Annual Rent for any extended term will be at the greater of Market Rent or the scheduled rent shown for such Extension Period on Schedule 1 attached. For purposes of this Lease, Market Rental Rate for shall mean the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined rent agreed upon by mutual Lessor and Lessee, or if they are unable 134 to reach agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten fifteen (1015) days from the date Tenant shall have exercised this optionLessee elects the Extension Period ("Agreement Period"), Landlord and Tenant shall each appoint a real estate then the rent determined as fair rental value by an MAI appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine appraising commercial rental real estate of similar type in the fair market monthly rental rate general geographic area of the Leased Premises, in their then existing condition which appraiser has been agreed upon by Lessor and Lessee, and who has been instructed to determine a fair rental value for the use specified in the Lease could be leased forPremises as used for its highest and best use, on the same terms and conditions set forth in the Lease, to not necessarily that of a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Termfinancial institution. If either party does Lessor and Lessee cannot appoint jointly agree upon on an appraiser within ten fifteen (1015) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President expiration of the Santa ▇▇▇▇▇ County Real Estate Board or Agreement Period ("Joint Appointment Period"), then each of Lessee and Lessor shall select an independent MAI appraiser meeting the presiding Judge aforesaid criteria within fifteen (15) days of the Superior Court expiration of that County for the selection of a second Joint Appointment Period ("Selection Period") and those two appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each within fifteen (15) days of the parties shall bear one-half (1/2) expiration of the cost Selection Period, and each of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate shall render an appraisal of market rent for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months days of either Renewal Term the Selection Period. The average rental of the two appraisers closest in amount to each other shall be less than the Base Monthly Rent Market Rent. Should Lessor or Lessee fail to timely select an appraiser, the appraisal of the solely selected appraiser shall control. Lessor and Lessee shall pay the costs of their selected appraiser, and evenly divide any pay for the first thirty (30) months cost of the Renewal Termany third appraiser or jointly approved appraiser.
Appears in 1 contract
Sources: Agreement of Purchase and Sale (Argo Bancorp Inc /De/)
OPTION TO RENEW. Landlord hereby grants to Provided that Tenant is not in default at the time of exercise or at commencement of the Extended Term (unless the default is cured within any applicable cure period), and otherwise has timely cured all defaults, then Tenant shall have one option to renew extend the Lease, Lease term for an additional term of five (5) two years (the "Renewal “Extended Term"”). In order to exercise such option, Tenant shall provide written notice (“Notice of Exercise”) with to Landlord of its election no later than 10 months before the option commencing on the expiration end of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1initial lease term. The lease exercise of such option to extend shall be for the Leased then entire Premises for either of the Renewal Terms and shall be on the same terms and conditions as set forth in the LeaseLease except the Base Rent shall be adjusted as set forth below. The option provided in this Rider is personal to Tenant and may not be exercised by any assignee or sublessee and may not be exercised during any period that the entire Premises is subleased out by Tenant. If Tenant exercises an extension right, except:
A. That the rental initial Base Rent and the periodic increases for the Leased Premises during the Renewal Extended Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased equal to the rental amount determined market rent for a two year term for comparable space located in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine Kirkland, Washington (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord“Fair Market Rent Schedule”). Any attempted exercise For purposes of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall “Fair Market Rent Schedule” is understood to mean the rents which a landlord would receive annually by then renting the space in question assuming the landlord to be so extended for a prudent person willing to lease but being under no compulsion to do so, assuming the Renewal Term on tenant to be a prudent person willing to lease but under no compulsion to do so, and assuming a lease containing the same terms and provisions as those herein contained. Fair Market Rent Schedule shall take into consideration all relevant factors including the condition of the space and other terms and conditions contained in of the Lease; provided, however. Tenant’s estimation of the Fair Market Rent Schedule (“Tenant’s Rent Schedule”) shall be included with Tenant’s option exercise notice. Landlord shall give Tenant notice of Landlord’s estimation of the Fair Market Rent Schedule (“Landlord’s Rent Schedule”) eight months before the end of the then existing term. If there is a disagreement on the Fair Market Rent Schedule, the Base Monthly Rent for each month parties shall promptly meet and negotiate in good faith to attempt to resolve their differences. If the differences are not resolved at least six months before the end of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Termthen existing term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, then Landlord and Tenant shall each appoint select a real estate appraiser broker familiar with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly then current office rental rate the Leased Premises, in their then existing condition for the use specified rates in the Lease could be leased for, surrounding area and those two brokers shall meet and work in good faith to reach agreement on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal TermFair Market Rent Schedule. If either party does not appoint an appraiser within ten (10) days after they reach agreement, then their decision shall be binding on the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premisesparties. If the two appraisers are unable brokers aren’t able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointedreach agreement, then the first two appraisers brokers shall attempt to (a) put in writing their determination of the Fair Market Rent Schedule for the Extended Term (the “Landlord’s Broker’s Rent Schedule and the “Tenant’s Broker’s Rent Schedule”, respectively), and (b) jointly select a third appraiser meeting broker, also familiar with the qualifications stated abovecurrent rental rates in the area of the Building. If they fail The job of the third broker will be to agree on a determine which of the four Rent Schedules (Tenant’s Rent Schedule, Landlord’s Rent Schedule, Landlord’s Broker’s Rent Schedule and Tenant’s Broker’s Rent Schedule) most closely approximately what the third appraiser, either party can follow broker believes to be the above procedure for having an appraiser appointed Fair Market Rent Schedule. The Fair Market Rent Schedule established by the Real Estate Board or a judiciarythird broker shall be binding on the parties. Each of the parties party shall bear one-half (1/2) of pay the cost of appointing its broker and half the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment cost of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termbroker.
Appears in 1 contract
Sources: Lease Amendment (PortalPlayer, Inc.)
OPTION TO RENEW. Landlord hereby grants to Tenant Lessee may extend the option to renew the Lease, Term of this Lease for an two additional term terms of five (5) years each, provided Lessee satisfies the conditions below. If so extended, this Lease shall continue as though the extended term(s) were part of the original term except the Minimum Monthly Rent pursuant to Section 3, which shall be increased at the beginning of the extension term to the then current market rent (the "Renewal TermMarket Rent"). Lessee's right to extend this Lease as above stated is subject to the following conditions:
(a) with Lessee shall provide Lessor at least twelve (12) months prior written notice of its exercise of this option.
(b) Lessee shall not have been in default beyond any applicable cure period more than once during the option commencing on the expiration twelve (12) months period immediately preceding Lessee's issuance of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1extension option exercise notice. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of If Lessee exercises its right option to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months of this Lease, prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly commencement of the essence first extension term, if so requested by Lessee in writing, for no additional cost to Landlord). Any attempted exercise Lessee, Lessor shall replace the carpet for the entire Premises and repaint all of this Option made other than within the time period stated or in interior walls of the manner stated shall be void Premises, and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant Lessee shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its the right to extend designate the term color and quality of the Lease, the term of tl3e Lease shall be so extended new carpet and paint for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Premises. The Monthly Minimum Rent for each month extension term shall be the Market Rent as of the first thirty (30) months day of the Renewal Term shall be calculated as follows: applicable extension term. The new Base Monthly Market Rent for the Renewal Term shall be the greater of: monthly rent paid under comparable leases for comparable space (inewly carpeted and painted, if repainting and recarpeting are performed by Lessor pursuant to Lessee's request under the preceding paragraph) by tenants in buildings of comparable quality in an area in Seattle, Washington, bounded on the Base Monthly Rent being paid west by Tenant to Landlord during ▇▇▇▇▇▇▇ Bay, on the final full month of east by Interstate 5, on the final year of north by ▇▇▇, and on the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4south by Yesler. The term "Then Monthly Market Rental Rate" Rent shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within as follows:
(a) Within ten (10) days from after Lessor's receipt of Lessee's extension option exercise notice, Lessor shall provide written notice to Lessee setting forth the date Tenant shall have exercised this option, Market Rent as determined by Lessor (the "Landlord and Tenant shall each appoint a real estate appraiser with at least Market Rent"). If Lessee does not object in writing delivered to Lessor within five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine days after its receipt of Lessor's notice setting forth the fair market monthly rental rate Landlord Market Rent, such Landlord Market Rent shall be the Leased Premises, in their then existing condition Monthly Minimum Rent for the use specified applicable extension term.
(b) If Lessee timely objects to the Landlord Market Rent within the 5-day period, the parties shall have ten (10) days after Lessee's objection notice in the Lease could be leased for, which to agree on the same terms and conditions set forth in Market Rent.
(c) If the Leaseparties are unable to agree on the Market Rent within that period, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser then within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court expiration of that County for period, Lessee shall deliver a written notice to Lessor setting forth the selection of a second appraiser who meets Market Rent as determined by Lessee (the qualifications stated above. The failing "Tenant Market Rent"), and each party shall bear the cost of appointing the second select an independent appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been so selected or appointed, then the two appraisers shall attempt to select jointly appoint a third appraiser meeting (the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2"Determining Appraiser"). The resulting rental amount Determining Appraiser shall be defined as the. Then Monthly make an independent determination of whether the Landlord Market Rental Rate Rent or the Tenant Market Rent represents the correct Market Rent for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month renewal term as of the initial Lease Termcommencement date thereof, without reduction for concessions and including any market escalations then in effect. The Base Monthly Determining Appraiser will be instructed that it must choose either the Landlord Market Rent or the Tenant Market Rent. Such determination of Market Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last made within thirty (30) months days of either Renewal Term selection of the Determining Appraiser Each party shall be less than bound by this determination. All appraisal costs will be paid by the Base Monthly party whose suggested Market Rent was not selected as the Market Rent by the Determining Appraiser. The Market Rent determination established pursuant to this Section will be binding upon the parties and the Lease shall be extended for the first thirty (30) months of additional term unless the Renewal Termparties mutually agree to nullify the Lease Term extension and allow the Lease to terminate on its originally scheduled termination date.
Appears in 1 contract
Sources: Office Lease (Shopnow Com Inc)
OPTION TO RENEW. Landlord hereby grants A. Subject to the provisions of sub-paragraph E hereof, Tenant shall have the option right to renew extend the Lease, Term of the Lease for an one (1) additional term of five (5) years commencing on the day following the Expiration Date (hereinafter called the "Renewal Commencement Date of the First Extension Term" and such additional term is hereinafter called the "First Extension Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").provided that;
1. The lease of the Leased Premises for either of the Renewal Terms Tenant shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {give Landlord notice (hereinafter called the "increased Security Deposit AmountExtension Notice").
2. Tenant shall notify Landlord of Tenant's exercise ) of its right election to renew extend the term of this Lease for the Renewal Term only by giving to Landlord written notice not sooner than at least nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the this Lease; providedand
2. Tenant is not in default (after the expiration of applicable notice and grace periods, however, the Base Monthly Rent for each month if any) under this Lease as of the first thirty (30) months time of the Renewal Term shall be calculated as follows: giving of the Extension Notice and the Commencement Date of the First Extension Term.
B. The new Base Monthly Fixed Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid payable by Tenant to Landlord during the final full First Extension Term shall be a sum equal to the fair market rent for the Demised Premises as determined as of the date occurring three (3) months prior to the Commencement Date of the First Extension Term (such date is hereinafter called the "Determination Date") and which determination shall be made within a reasonable period of time after the occurrence of the Determination Date pursuant to the provisions of Paragraph C hereof, but such Fixed Rent shall in no event be less than the aggregate Fixed Rent in effect under the Lease for the entire Demised Premises for the last month of the final year Term hereof (without giving effect to any temporary abatement of Fixed Rent under the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premisesprovisions of this Lease).
4C. 1. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County endeavor to appraise and determine agree as to the amount of the fair market monthly rental rate the Leased Premises, in their then existing condition rent for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Demised Premises for a term equal pursuant to the Renewal Termprovisions of Paragraph B hereof, during the fifteen (15) day period following the Determination Date. In the event that Landlord and Tenant can not agree as to the amount of the fair market rent within such fifteen (15) day period following the Determination Date, then Landlord or Tenant may initiate the appraisal process provided for herein by giving notice to that effect to the other, and the party so initiating the appraisal process (such party hereinafter called the "Initiating Party") shall specify in such notice the name and address of the person designated to act as an arbitrator on its behalf. Within fifteen (15) days after the designation of such arbitrator, the other party (hereinafter called the "Other Party") shall give notice to the Initiating Party specifying the name and address of the person designated to act as an arbitrator on its behalf. If either party does not appoint an appraiser the Other Party fails to notify the Initiating Party of the appointment of its arbitrator within the time above specified, then the Initiating Party may apply to the American Arbitration Association or any organization which is a successor thereto (the "AAA") for appointment of the Other Party's arbitrator, which appointment shall be made by the AAA with ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's feesuch application. The two appraisers arbitrators so chosen shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises meet within ten (10) days after the second appraiser has been selected or arbitrator is appointed and if, within fifteen (15) days after the second arbitrator is appointed, then the two appraisers arbitrators shall attempt not agree, they shall together appoint, by written instrument delivered to select both Landlord and Tenant, a third appraiser meeting arbitrator (the qualifications stated above"Arbitrator"), which instrument shall be so delivered with such Arbitrator's retention agreement which shall provide, inter alia, that (x) each of Landlord and Tenant agree to ----- ---- pay fifty (50%) percent of all the Arbitrator's fees and expenses (including, without limitation, witness fees and other similar expenses) at its standard rates, and (y) the Arbitrator shall deliver to Landlord and Tenant its written announcement as to its selection of either Tenant's determination of fair market value rent or Landlord's determination of fair market value rent. In the event of their being unable to agree upon such appointment within thirty (30) days after the appointment of the second arbitrator, then either Landlord or Tenant may apply for the appointment of the Arbitrator (with a copy of such application delivered to the other party by certified mail) to the AAA. Within five (5) days of receipt of such retention agreement and such instrument, each of Landlord and Tenant shall execute such agreements and return it by overnight mail to the Arbitrator with a check for 50% of the Arbitrator's fees and simultaneously deliver to the other party a copy of such signed agreement and check. If they either party shall fail to agree on a third appraiserdo so, either then in the case of Tenant, Landlord's determination of fair market value rent shall prevail; and in the case of Landlord, Tenant's determination of fair market value rent shall prevail.
2. Each party can follow shall pay the above procedure for having an appraiser fees and expenses of their respective original arbitrators appointed by or for such party, and half the Real Estate Board fees and expenses of the third arbitrator and all other expenses (not including the attorneys fees, witness fees and similar expenses of the parties which shall be borne separately by each of the parties) of the arbitration shall be borne by the parties equally.
3. The Arbitrator shall determine the fair market rent of the Demised Premises and render a written certified report of its determination to both Landlord and Tenant within thirty (30) days of the appointment of the first two arbitrators or a judiciaryfifteen (15) days from the appointment of the third arbitrator if such Arbitrator is appointed pursuant to this Paragraph; and the fair market rent, so determined, shall be applied to determine the Fixed Rent pursuant to Paragraph B hereof.
4. Each of the parties arbitrators selected as herein provided shall bear one-half (1/2) be a qualified member of the cost American Institute of appointing the third appraiser Real Estate Appraisers (or any successor of such institute, or if such organization or successor shall no longer be in existence, a recognized national association or institute of appraisers), possess a valid and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within current MAI designation, and have at least ten (10) days after years experience in the selection or appointment leasing and renting of office space in first class office buildings in New York City, New York.
5. If Landlord notifies Tenant that the third appraiser, Fixed Rent for the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, First Extension Term shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate equal to the aggregate Fixed Rent in effect under this Lease for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full last month of the initial Lease Term. The Base Monthly Rent Term (without giving effect to any temporary abatement thereof), then the provisions of Subsections 1, 2, 3 and 4 of this Paragraph C shall be adjusted at inapplicable and have no force or effect.
6. In the end event Landlord or Tenant initiates the appraisal process and as of the thirtieth (30th) Commencement Date of the First Extension Term the amount of the fair market rent has not been determined, Tenant shall continue to pay the Fixed Rent in effect under this Lease for the last month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which and when such determination has been made, an appropriate retroactive adjustment shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month made as of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month Commencement Date of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal First Extension Term.
Appears in 1 contract
Sources: Office Lease (Intira Corp)
OPTION TO RENEW. Landlord hereby grants to a. Provided the Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of the Lease beyond the expiration of any applicable notice and cure period at the time of notification of the Renewal Option (defined hereinafter) or at the commencement of the Renewal Option Term (defined hereinafter), Tenant shall have one (1) option to renew the Lease, Term of this Lease (the “Renewal Option”) for an additional a term of five sixty (560) years full calendar months (i.e., September 1, 2019 through August 31, 2024) (the "“Renewal Option Term"”) with the option commencing on following the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Extended Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in this Lease, except as modified by the terms, covenants and conditions as set forth below:
i. If Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice exercising the Renewal Option no earlier than December 1, 2018 but no later than March 1, 2019, time being of the essence. If Tenant fails to provide such notice, the Renewal Option granted hereunder shall automatically expire, and Tenant shall have no further or additional right to extend or renew the Term of this Lease.
ii. The Base Rent in effect at the expiration of the then Extended Term shall be changed to reflect ninety-five percent (95%) of the Prevailing Market (as defined in subparagraph (d) below) rate at the commencement of the Renewal Option Term and the Base Year shall be changed to the calendar year 2019 upon the commencement of the Renewal Option Term. Landlord shall advise Tenant of the new Base Rent for the Premises (taking into account the Prevailing Market) no later than thirty (30) days after Tenant’s exercise of the Renewal Option. Tenant shall have the right, to be exercised within five (5) business days after Tenant’s receipt of Landlord’s determination of the new Base Rent, time being of the essence, to withdraw in writing its notice exercising the Renewal Option in which case the Lease shall expire in accordance with the provisions of the Lease as of the original expiration date and Tenant shall have no further option to renew the Lease. Otherwise, if Tenant does not agree with Landlord’s determination of Base Rent and Tenant does not withdraw its notice exercising the Renewal Option, the provisions of Paragraph 13(iii) shall apply.
iii. If Tenant and Landlord are unable to agree on a qualified tenant readymutually acceptable rental rate for the Renewal Option Term not later than forty-five (45) days after Tenant’s receipt of Landlord’s determination of the Base Rent for the Renewal Option Term, willing then Landlord and able to lease the Leased Premises for a term equal Tenant, within five (5) business days after such date, shall each simultaneously submit to the other, in a sealed envelope, its good faith estimate of the Prevailing Market rate for the Premises during the Renewal TermOption Term (collectively referred to as the "Estimates"). If the higher of such Estimates is not more than one hundred five percent (105%) of the lower of such Estimates, then the Prevailing Market rate shall be the average of the two Estimates. If the Prevailing Market rate is not established by the exchange of Estimates, then, within seven (7) business days after the exchange of Estimates, the parties shall each appoint a real estate broker who shall be licensed in the State of Virginia and who specializes in the field of commercial office space leasing in the Fairfax, Virginia market, has at least five (5) years of experience and is recognized within the field as being reputable and ethical.
iv. Upon selection, Landlord's and Tenant's brokers shall work together in good faith to agree upon which of the two Estimates most closely reflects the Prevailing Market rate for the Premises. The Estimate chosen by such brokers shall be binding on both Landlord and Tenant. If either Landlord or Tenant fails to appoint a broker within the seven (7) day period referred to above, the broker appointed by the other party does shall be the sole broker for the purposes hereof. If the two brokers cannot appoint an appraiser agree upon which of the two Estimates most closely reflects the Prevailing Market rate within twenty (20) days after their appointment, then, within ten (10) days after the other party expiration of such twenty (20) day period, the two brokers shall select a third broker meeting the aforementioned criteria. Once the third broker (i.e., the arbitrator) has given notice been selected as provided for above, then, as soon thereafter as practicable but in any case within fourteen (14) days, the arbitrator shall make his or her determination of which of the name of its appraiser, two Estimates most closely reflects the other party can then apply to Prevailing Market rate and such Estimate shall be binding on both Landlord and Tenant as the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County Prevailing Market rate for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable arbitrator believes that expert advice would materially assist him or her, he or she may retain one or more qualified persons to agree on provide such expert advice. The parties shall share equally in the Then Monthly Market Rental Rate for costs of the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed arbitrator and of any experts retained by the Real Estate Board arbitrator. Any fees of any broker, counsel or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection experts engaged directly by Landlord or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no eventTenant, however, shall be borne by the resulting Then Monthly party retaining such broker, counsel or expert.
v. If the Prevailing Market Rental Rate for rate has not been determined by the commencement date of the Renewal Term be less than Option Term, Tenant shall pay Base Rent upon the Base Monthly Rent paid terms and conditions in effect during the final last full month of the initial Lease TermExtended Term until such time as the Prevailing Market rate has been determined. The Upon such determination, the Base Monthly Rent for the Premises shall be retroactively adjusted at to the end of the thirtieth (30th) month commencement of the Renewal Option Term by multiplying for the Premises to ninety-five percent (95%) of the Prevailing Market established hereby.
b. If Tenant is entitled to and properly exercises a Renewal Option, Landlord shall prepare an amendment (the “Renewal Amendment”) to reflect changes in the Base Monthly Rent for Rent, Term, expiration date and other appropriate terms. Tenant shall execute and return the thirtieth Renewal Amendment to Landlord within fifteen (30th15) month times a fraction the numerator business days after Tenant’s receipt of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month same, but an otherwise valid exercise of the Renewal Option shall be fully effective whether or not the Renewal Amendment is executed.
c. The Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the Renewal Option shall be “personal” to Tenant and any Affiliate to whom this Lease has been assigned pursuant to a Permitted Transfer and that in no event will any other assignee or sublessee have any rights to exercise the Renewal Option.
d. For purposes of this Paragraph 13, "Prevailing Market" shall mean the arms-length fair market annual rental rate per rentable square foot under leases and renewal and expansion amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the Fairfax, Virginia area as of the date the Renewal Option Term is to commence, taking into account any market concessions, the specific provisions of this Lease which will remain constant, and may, if applicable, include parking charges. The determination of Prevailing Market shall take into account any material economic differences between the terms of this Lease and any comparison lease or amendment, such as commissions, rent abatements, construction costs and other concessions and the denominator of manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes and the base year therefor.
e. Tenant, in its renewal notice, shall be the Consumer Price Index published immediately prior to the first (1st) month of notify Landlord if it is exercising the Renewal Term. In no event, however, shall the Base Monthly Rent Option for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months entirety of the Renewal TermPremises. Tenant shall be permitted to renew the Lease with respect to less than the entirety of the Premises so long as the portion of the Premises to which Tenant’s renewal shall not apply can be demised so as to be compliant with all regulations and laws and is leasable space as determined in Landlord’s reasonable judgment.
Appears in 1 contract
Sources: Lease Agreement (Geeknet, Inc)
OPTION TO RENEW. Landlord hereby grants to Tenant shall have the option to renew the Lease, this Lease Agreement for an additional term of two (2) successive five (5) years year terms (each an “Extended Term”) provided that ▇▇▇▇▇▇ gives written notice to Landlord of its intention to renew at least one hundred eighty (180) days prior to the "Renewal Term") with the option commencing on the expiration end of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease then current term of the Leased Premises for either of the Renewal Terms Lease. Each Extended Term shall be on the same terms and conditions as set forth contained herein for the initial term of this Lease, except as expressly provided herein to the contrary with respect to Base Rent and except for such as are, by their terms, inapplicable to an Extended Term. The Base Rental for the first Extended Term shall increase at a rate of one hundred three percent (103%) of the rate in effect at the end of the original lease term, with annual escalations at a rate of three percent (3%) per year thereafter, payable in monthly installments on or before the first day of each calendar month in the Lease, except:
A. That the rental first Extended Term. The Base Rental for the Leased Premises during the Renewal second Extended Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on upon the same terms and conditions as contained in herein except that the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term annual base rental shall be the greater of: fair market rental value (ibut in no event less than the current rental rate under the Lease) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" which shall be determined by mutual agreement between as follows:
(a) Landlord and Tenant orwill have fifteen (15) days after Landlord receives the renewal notice within which to agree on the then-fair market rental value of the Leased Premises as defined in paragraph (c) below for the renewal period. If they agree on the base monthly rent for the renewal period within fifteen (15) days, they will amend this Lease by stating the base monthly rental for the renewal period.
(b) If they are unable to agree on the base monthly rental for the renewal period within fifteen (15) days, then the base monthly rental for the renewal period will be the then-fair market rental value of the Leased Premises as determined in accordance with paragraph (d) below.
(c) The “then-fair market rental value of the Leased Premises” means what a Landlord under no compulsion to lease the Leased Premises and a Tenant under no compulsion to lease the Leased Premises would determine as rents for the renewal period, as of the commencement of the renewal period, taking into consideration the uses permitted under this Lease, the quality, size, design, and location of the Leased Premises, and the rent for comparable buildings located in the event such agreement canvicinity of the Leased Premises. The then-fair market rental value of the Leased Premises for the renewal period will not be made within ten less than that provided during the initial term.
(10d) Within seven (7) days from after the date Tenant shall have exercised this option, expiration of the fifteen (15) day period set forth in paragraph (b) above. Landlord and Tenant shall will each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the then-fair market monthly rental rate value of the Leased Premises, in their then existing condition for . The two appraisers will meet promptly and attempt to set the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease then-fair market rental value of the Leased Premises for a term equal to the Renewal TermPremises. If either party does not appoint an they are unable to agree within thirty (30) days, they will select a third appraiser within ten (10) days after to set the other party has given notice then fair market rental value of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall Landlord and Tenant will bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's ’s fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten .
(10e) Within thirty (30) days after the selection or appointment of the third appraiser, a majority of the appraisers will set the then-fair market rental value of the Leased Premises. If a majority of the appraisers are unable to set the then-fair market rental value of the Leased Premises within thirty (30) days after selection of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded three appraisals will be averaged and the appraisal amount which most greatly varies from average will be the other two appraisal amounts, shall be added together then divided by two (2). The resulting then-fair market rental amount shall be defined as the. Then Monthly Market Rental Rate for value of the Leased Premises. In .
(f) It is expressly understood that Tenant shall have no event, however, shall the resulting Then Monthly Market Rental Rate option to renew this Lease for the Renewal Term be less than renewal term if at the Base Monthly Rent paid during the final full month time of the initial Lease Term. The Base Monthly Rent shall be adjusted attempted exercise of such option or at the end commencement of the thirtieth (30th) month such renewal term this Lease is not then in full force and effect or if Tenant is then in default of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator any terms and conditions of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termthis Lease.
Appears in 1 contract
Sources: Office Lease (CNB Holdings Inc /Ga/)
OPTION TO RENEW. Landlord hereby grants (a) Provided Lessee is not in default, Lessee shall have the option, upon the terms and conditions set forth herein, to Tenant extend the option Lease Term for one (1) additional four (4) year period (herein referred to renew the Lease, for an additional term of five (5) years (as the "Renewal Term") with ). Lessee may exercise the renewal option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord upon binding written notice not sooner than nine (9) months prior delivered to the Renewal Commencement Date and Lessor not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effectInitial Term. In the event that Tenant Lessee does not or is not entitled to timely exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term, Lessee's rights under this Section 43 shall lapse. Lessee's notice to renew shall, at Lessor's option, be deemed ineffective if Lessee is in default on the date the notice is given or is in default on the date the Renewal Term is to commence. The Renewal Term, if properly exercised, shall extend the Lease Term accordingly, and shall be on all of the same terms and conditions contained in as the Lease; providedInitial Term, howeverexcept that (i) the Monthly Base Rent shall be as determined pursuant to sub-paragraph (b), the Base Monthly Rent for each month of and (ii) there shall be no further Renewal Terms after the first thirty (301st) months of Renewal Term.
(b) The Monthly Base Rent payable by Lessee during the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: one hundred percent (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2100%) of the cost of appointing prevailing market rental rate for comparable first-class office space in first-class buildings in the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiserTysons Corner area, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In but in no event, however, event shall the resulting Then Monthly Market Rental Rate for Base Rent payable during the first (1st) year of the Renewal Term be less than the Monthly Base Monthly Rent paid during and all additional Rent (as required under Sections 5B, 5C and 5D) accrued with respect to the final last full month of preceding the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month commencement date of the Renewal Term. In no event, however, shall The Monthly Base Rent payable during the Base Monthly Rent for the last thirty (30) months of either Renewal Term shall be less than increased annually, on each anniversary date of the Base Monthly Rent for the first thirty (30) months commencement of the Renewal Term, in accordance with Section 5D. Promptly following delivery of Lessee's notice of the exercise of the renewal option, Lessor and Lessee shall meet and negotiate in good faith toward agreement on the prevailing market rental rate for Demised Premises In the event that Lessor and Lessee are unable to agree in good faith on the then-prevailing market rental rate as above described within sixty (60) days after the Lessee gives a valid notice of the exercise of its option for the Renewal Term. Lessee's option for the Renewal Term and any purported exercise thereof shall be null and void and this Section 43 shall be of no further force or effect.
Appears in 1 contract
OPTION TO RENEW. Article XXVI of the Lease is hereby deleted in its entirety and replaced with the following:
(a) the Lease is in full force and effect, (b) no event of default by Tenant exists at the time of notification or commencement, (c) neither the Premises nor any part thereof are being sublet (except to Permitted Transferees and parties approved by Landlord), (d) the Lease has not been assigned (except to Permitted Transferees and parties approved by Landlord), (e) Tenant or a party approved by Landlord hereby grants is an occupant of the Building under this Lease and intends to continue to use the Premises itself, and (f) that both at the time of notification and commencement there has been no material adverse change in the financial condition of the Tenant the or a party approved by Landlord as reasonably determined by Landlord, Tenant shall have one (1) option to renew the Lease, Lease for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth by notice in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving writing delivered to Landlord written notice not sooner less than nine twelve (912) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the then current term of the Lease. All of the covenants, conditions and provisions of the term of tl3e Lease shall be so extended applicable to the Renewal Term, except that the Annual and Monthly Base Rent shall be adjusted to reflect the current fair market rental for the Premises as of the date the Renewal Term is to commence for a top floor premises with similar views and amenities, private entrance and private access. Landlord shall advise Tenant of the new monthly rental for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first within thirty (30) months days after a request therefor from Tenant; Landlord's notification of the Renewal Term shall be calculated as follows: The new Base Monthly Rent rental may include an escalation provision to provide for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, a change in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate between the Leased Premises, in their then existing condition for time of notification and the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to commencement of the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, event shall the resulting Then Annual and Monthly Market Rental Rate Base Rent be subject to determination or modification by any person, entity, court or authority other than as expressly set forth herein and in no event shall the Annual and Monthly Base Rent for the Renewal Term be less than the Base Monthly Rent paid monthly rental during the final full month last year of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termthen expiring term."
Appears in 1 contract
Sources: Lease (CURO Group Holdings Corp.)
OPTION TO RENEW. Landlord hereby grants to Tenant shall have the option to renew extend the Lease, Term of the Lease for an one (1) additional term of five (5) years year period (the "Renewal Additional Term") with ). Such option shall be exercised, if at all, by written notice of Tenant's election to exercise the option commencing on delivered to Landlord no earlier than two hundred seventy (270) days, nor later than one hundred eighty (180) days, prior to the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Term of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased . If Tenant fails timely to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its this option Tenant to renew, then Tenant's option to renew shall have no further rights hereunder.
3automatically lapse and thereafter not be exercisable by Tenant. If Tenant is entitled to and does give notice in the manner and within the time frame set forth in this paragraph, then the Term shall have properly and timely exercised its right to extend be extended by the term Additional Term, on all of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained set forth in the original Lease; provided, however, that:
(1) Monthly Rental for the Base Monthly Rent for each month Additional Term shall be equal to the then "Fair Market Rental Rate" (as defined below) of the first Premises. Landlord shall, in response to and within thirty (30) months days after receipt of Tenant's notice of exercise of the Renewal Term option to renew, give Tenant written notice of the then applicable "Fair Market Rental Rate" as determined in good faith by Landlord. "Fair Market Rental Rate" means the then prevailing annual rental rate per square foot of rentable area in comparable buildings in the Anaheim, CA, industrial area, comparable in area and location to a Premises. Not later than thirty (30) days after Landlord's notice to Tenant of the applicable "Fair Market Rental Rate", Tenant shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: timely notify Landlord of Tenant's election to (i) have the Base Monthly Rent being paid "Fair Market Rental Rate" determined by Tenant to Landlord during the final full month of the final year of the initial Lease Term"appraisal" procedure described below, or (ii) accept Landlord's determination of the Then "Fair Market Rental Rate for the Lease Premises.
4Rate", or (iii) elect not to exercise Tenant's option to extend. The term If Tenant fails to notify Landlord within such thirty (30) day period of Tenant's election, then Tenant shall be deemed to have accepted Landlord's determination of "Then Monthly Fair Market Rental Rate" and to have waived its right to an appraisal. Tenant's notice under subparagraphs (i) or (ii) shall be determined by mutual agreement between Landlord and Tenant or, in deemed Tenant's exercise of the event such agreement cannot be made within ten (10) days from option to extend the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either Tenant exercises its option to renew and timely elects to have the "Fair Market Rental Rate" determined by appraisal, then each party does not shall appoint an appraiser within ten forty (1040) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's feesuch exercise date. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premiseswithin a period of five additional days, agree upon and appoint an additional appraiser. If the two The three appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises shall, within ten thirty (1030) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, determine the two appraisal amounts being calculated most closely together, after having discarded Fair Market Rental Value of the appraisal amount which most greatly varies Premises in writing and submit their report to all of the parties. The Fair Market Rental Value shall be determined by disregarding the appraiser's valuation that diverges the greatest from each of the other two appraisal amountsappraisers' valuations, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for and the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month arithmetic mean of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which remaining two appraisers' valuations shall be the Consumer Price Index published immediately prior Fair Market Rental Value. Each party shall pay for the services of the appraiser selected by it, plus one half of the fee charged by the third appraiser, and one half of all other costs relating to the period including the thirtieth (30th) month determination of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.Fair Market Rental Value;
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to 17.01 Option
(a) In the event, but only in the event, that a) Tenant complies with all provisions of this entire Article as and when required, and b) at the time of the expiration of the then current term ("current term"), 1) Tenant, has not been in material default of the terms and provisions of this Lease during the last 18 months of the Current Term, and 2) this Lease shall then be in full force and effect, Tenant shall have the option to renew extend the Lease, for an additional term of this Lease for two (2) successive five (5) years year terms (the each an "Renewal Termoption term") with the option commencing at midnight on the expiration of date on which the Lease (then current term terminates. In the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Leaseevent Tenant elects to exercise its option, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall so notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner ("Notice to Landlord") received by Landlord no later than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord)then current term. Any attempted exercise of this Option made other than within the time period stated or in the manner stated Each option term shall be void on the same terms, covenants and conditions as the initial term except for the amount of the Annual Base Rent and further except that there shall be absolutely no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right whatsoever to extend the term of the Lease, the this Lease beyond such option terms.
(b) The Annual Base Rent payable during each Lease Year of each option term of tl3e Lease shall be so extended equal to the prevailing market rental rate for office space located within Landlord's buildings at the Project or within the local market at the time of commencement of each option term, as determined by agreement between Landlord and Tenant. If Tenant exercises its option as provided above, it shall specify in such notice its evaluation of the fair rental value of the Demised Premises ("Tenant's Rent") for the Renewal Term on the same terms and conditions contained in the Lease; providedoption term . Within one (1) month thereafter, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term Landlord shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: send to Tenant a notice stating either (i) Landlord's agreement with Tenant's Rent, in which event such amount shall be fixed as the Base Monthly Rent being paid rent payable by Tenant to Landlord during for the final full month of the final year of the initial Lease Term, option term or (ii) Landlord's evaluation of such fair rental value ("Landlord's Rent"). If Landlord and Tenant are unable to agree upon such fair rental value within three months from the Then Market Rental Rate for date of sending the Lease Premises.
4. The term "Then Monthly Market Rental Rate" notice described in (ii)) above, the matter shall be determined by mutual agreement between Landlord and Tenant orarbitration under this Lease. The arbitrator's determination of the fair rental value of the Demised Premises for the option term may not, in any event, be less than Tenant's Rent nor more the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiserLandlord's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased PremisesRent. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term Annual Base Rent due and payable during each option term be less than the Annual Base Monthly Rent payable for the immediately preceding Lease Year. Tenant shall continue to pay Landlord the Annual Base Rent (and any Additional Rent) due under this Lease at the rate being paid during the final full month of immediately preceding Lease Year until such time as the initial Lease TermAnnual Base Rent for the option term has been determined pursuant to this Section. The All adjustments to said Annual Base Monthly Rent shall be adjusted at due and payable in full on the end first day of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termfollowing such determination.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to the Tenant the option Option to renew Renew the Lease, Initial Term of the Lease for an one (1) additional term of five (5) years year period upon and subject to the Terms and Conditions set forth herein (the "Renewal “Option Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date"”).
1. The lease of the Leased Premises for either of the Renewal Terms Option shall be on the same terms and conditions as set forth in the Leaseexercised, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3if at all, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving written notice, delivered to Landlord written notice not sooner no earlier than nine (9) months prior to the Renewal Commencement Date and not nor later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration date of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effectTerm. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend exercises the term Option, each of the LeaseTerms, covenants, and conditions of the term of tl3e Lease shall be so extended for apply during the Renewal Option Term on as though the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month expiration date of the first thirty (30) months Option Term was the date originally set forth herein as the expiration date of the Renewal Initial Term except that the monthly Rent to be paid during the Option Term shall be calculated as follows: The new Base Monthly Rent equal to Landlord’s published rates (for space located on the Renewal Term ground floor of the Building), but in no event shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord monthly rental payable during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Option Term be less than the Base Monthly monthly Rent paid payable to Landlord during the final last full calendar month of the initial Lease Term. The Base Monthly Rent shall be adjusted Anything contained herein to the contrary notwithstanding, if Tenant is in material default under any of the Terms, covenants, or conditions of this Lease, either at the end of time Tenant exercised the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately Option or any time thereafter prior to the period including the thirtieth (30th) month commencement date of the Renewal Term Option Term, and such default is not cured within the denominator applicable cure period, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in the Lease, the right to Terminate the Option already exercised by Tenant upon notice to Tenant, in which event the expiration of this lease shall be and remain the Consumer Price Index published immediately prior expiration date of the initial Term period. This Option is personal to the first (1st) month original Tenant executing the Lease and may not be assigned or exercised after any assignment or sublease of any portion of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty Premises (30) months other than to an affiliate to Tenant as permitted under Paragraph 21 of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termthis Lease).
Appears in 1 contract
Sources: Landlord Consent to Sublease (Premier Commercial Bancorp)
OPTION TO RENEW. Notwithstanding any terms of the Lease to the contrary, Landlord hereby grants to Tenant the an option to renew extend the Lease, for an additional term of the Lease for one additional period of either five (5) years (the "Renewal Term") with the option commencing on or ten years, such term to be determined by Tenant and such term to commence immediately after the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease term of the Leased Premises for either of the Renewal Terms shall be on Lease, upon the same terms and conditions contained herein, except that the Rent for the Premises shall be equal to ninety-five percent (95%) of the Fair Market Rent for the Premises if Tenant elects a five year term or ninety percent (90%) of the Fair Market Rent for the Premises if Tenant elects a ten year term, both subject to increases as set forth in subparagraph (f) below. Notwithstanding the Leaseforegoing, except:
A. That in no event shall the rental Rent for the Leased renewal term be less than ninety-five percent (95%) of the then current Rent for the Premises during if Tenant elects a five year term or ninety percent (90%) of the Renewal Term then current Rent for the Premises if Tenant elects a ten year term. The Fair Market Rent shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void set forth below. Tenant must exercise the option granted herein on or before November 30, 2006 and of no force or effect. In the event that Tenant does not or is not entitled to exercise in such notice exercising its option Tenant shall have no further rights hereunder.
3must indicate to Landlord whether it elects a five or ten year renewal term. If Tenant properly exercises the option granted herein, references in the Lease to the "term" shall have properly and timely exercised be deemed to mean the option term unless the context clearly provides otherwise. b. If Tenant exercises its right option to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The option term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termfollowing manner.
Appears in 1 contract
Sources: First Amendment to Lease and Purchase and Sale Agreement (Simpson Manufacturing Co Inc /Ca/)
OPTION TO RENEW. Landlord hereby grants to 39.1 Tenant shall, provided the Lease is in full force and effect and there is no Event of Default by Tenant under any of the terms and conditions of this Lease at the time of notification, have one (1) option to renew (the Lease, “Renewal Option”) this Lease for an additional a term of five (5) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
39.1.1 If Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is three hundred sixty-five (365) days prior to the expiration of the Term of this Lease but no later than the date which is one hundred eighty (180) days prior to the expiration of the Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further right to extend or renew the Term of this Lease.
39.1.2 The Annual Rent and Monthly Installment of Rent in effect at the expiration of the then current Term of this Lease shall be changed to reflect the Prevailing Market (as defined in Section 39.1.6) rate. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Rent for the Premises no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option under this Article 39. Said notification of the new Annual Rent may include a qualified tenant ready, willing and able provision for its escalation to lease the Leased Premises provide for a term equal change in the Prevailing Market rate between the time of notification and the commencement of the Renewal Term.
39.1.2.1 If Tenant and Landlord are unable to agree on a mutually acceptable rental rate for the Renewal Term not later than one hundred twenty (120) days prior to the expiration of the then current Term, then Landlord and Tenant, within five (5) days after such date, shall each simultaneously submit to the other, in a sealed envelope, its good faith estimate of the Prevailing Market rate for the Premises during the Renewal Term (collectively referred to as the “Estimates”). If the higher of such Estimates is not more than one hundred five percent (105%) of the lower of such Estimates, then the Prevailing Market rate shall be the average of the two Estimates. If the Prevailing Market rate is not established by the exchange of Estimates, then, within seven (7) days after the exchange of Estimates, Landlord and Tenant shall each give notice to the other party selecting an appraiser to determine which of the two Estimates most closely reflects the Prevailing Market rate for the Premises during the Renewal Term. Each appraiser so selected shall be certified as an MAI appraiser or as an ASA appraiser who has not done business with either party and shall have had at least five (5) years experience within the previous ten (10) years as a real estate appraiser working in Mountain View, California, with working knowledge of current rental rates and practices. For purposes hereof, an “MAI” appraiser means an individual who holds an MAI designation conferred by, and is an independent member of, the American Institute of Real Estate Appraisers (or its successor organization, or in the event there is no successor organization, the organization and designation most similar), and an “ASA” appraiser means an individual who holds the Senior Member designation conferred by, and is an independent member of, the American Society of Appraisers (or its successor organization, or, in the event there is no successor organization, the organization and designation most similar).
39.1.2.2 Upon selection, Landlord’s and Tenant’s appraisers shall work together in good faith to agree upon which of the two Estimates most closely reflects the Prevailing Market rate for the Premises. The Estimate chosen by such appraisers shall be binding on both Landlord and Tenant. If either party does not Landlord or Tenant fails to appoint an appraiser within the seven (7) day period referred to above, then the party which has appointed an appraiser shall give the other party written notice of such failure, and if the party who has not appointed an appraiser still has not appointed an appraiser within seven (7) days after its receipt of such reminder notice, the appraiser appointed by the other party shall be the sole appraiser for the purposes hereof. If the two appraisers cannot agree upon which of the two Estimates most closely reflects the Prevailing Market rate within twenty (20) days after their appointment, then, within ten (10) days after the other party has given notice expiration of the name of its appraisersuch twenty (20) day period, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated aboveaforementioned criteria. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing Once the third appraiser (i.e., the arbitrator) has been selected as provided for above, then, as soon thereafter as practicable but in any case within fourteen (14) days, the arbitrator shall make his or her determination of which of the two Estimates most closely reflects the Prevailing Market rate and such Estimate shall be binding on both Landlord and Tenant as the Prevailing Market rate for the Premises. If the arbitrator believes that expert advice would materially assist him or her, he or she may retain one or more qualified persons to provide such expert advice. The parties shall share equally in the costs of the arbitrator and of paying any experts retained by the third appraiser's feearbitrator. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment Any fees of the third any appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided counsel or experts engaged directly by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no eventLandlord or Tenant, however, shall be borne by the resulting Then Monthly party retaining such appraiser, counsel or expert.
39.1.2.3 If the Prevailing Market Rental Rate for rate has not been determined by the commencement date of the Renewal Term be less than Term, Tenant shall pay Monthly Installments of Rent upon the Base Monthly Rent paid terms and conditions in effect during the final full last month of the initial Lease TermTerm until such time as the Prevailing Market rate has been determined. The Base Upon such determination, the Annual Rent and Monthly Rent shall be adjusted at the end Installments of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which Premises shall be the Consumer Price Index published immediately prior retroactively adjusted to the period including commencement of such Renewal Term for the thirtieth Premises.
39.1.3 This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant and any Permitted Transferee (30thas defined in Section 9.8 of this Lease) month as set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid option to renew; provided, however, that Tenant shall not lose the right to exercise the Renewal Option by reason of subleasing a portion of the Renewal Term and Premises so long as, at the denominator time of which shall be the Consumer Price Index published immediately prior to the first (1st) month commencement of the Renewal Term. In , Tenant together with any Permitted Transferee is not then occupying in the aggregate less than 50% of the rental floor area of the Premises.
39.1.4 When the Renewal Option is exercised (or if Tenant fails to properly exercise the Renewal Option), Tenant shall have no eventfurther right to extend the term of this Lease.
39.1.5 For purposes of this Renewal Option, however“Prevailing Market” shall mean the arms length fair market annual rental rate per rentable square foot under leases and renewal and expansion amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the Mountain View, shall California area as of the Base Monthly Rent for date the last thirty (30) months of either Renewal Term be less than is to commence, taking into account the Base Monthly Rent specific provisions of this Lease which will remain constant, and may, if applicable, include parking charges. The determination of Prevailing Market shall take into account any material economic differences between the terms of this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the manner, if any, in which the landlord under any such lease is reimbursed for the first thirty (30) months of the Renewal Termoperating expenses and taxes.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant the option to renew this Lease for [***], which shall commence upon the Leaseexpiration of the original term. Such option, for an additional term of five (5) years (with respect to the "Renewal Term", shall only be exercised by Tenant mailing to Landlord (ATTN: Executive Vice President -- Leasing), at Landlord's Notice Address, by United States mail, postage prepaid, certified or registered, return receipt requested, with a copy to the attention of Managing Attorney -- Legal Leasing, notice of the exercise of such option, not later than one hundred eighty (180) with days prior to the expiration of the original term. No exercise of any option commencing herein granted shall be effective if any default under or breach of this Lease (a) exists either at the time of exercise or on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises term during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effectwhich it was exercised. In the event that Tenant does not or such option is not entitled effectively exercised with respect to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly the Renewal Term, all terms and timely exercised its right to extend the term conditions of the Lease, the term of tl3e this Lease shall be so extended for the applicable to such Renewal Term on the same terms except that:
(i) The Minimum Annual Rent due and conditions contained in the Lease; provided, however, the Base Monthly Rent payable by Tenant to Landlord for each month of the first thirty (30) months Lease Year of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for [***] per square foot of Store Floor Area, or [***] per annum (based on the Renewal Term shall be approximated Store Floor Area set forth in Section 2.1 hereof), payable in equal monthly installments, in advance upon the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord first day of each and every month during the final full month of the final year of the initial Lease Term, or renewal term; and
(ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days no further renewal options after the other party has given notice expiration or sooner termination of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termoption hereinabove set forth.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Provided Tenant is not in default on exercise of the option or on commencement of the option period, Tenant shall have an option to renew extend the Lease, lease term for an additional term a period of five (5) years 60 months (the "Renewal Option Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on , upon the same terms and conditions as are set forth in the Lease, except:
A. That except the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit Base Rent shall be increased to the rental amount determined then current fair market rent but in Paragraph 3 {no event shall the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew rent at the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly beginning of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during payable for the final full last month of the initial term, determined as described below. The option shall be exercised, if at all, by written notice to Landlord at least 12 months prior to the expiration of the initial term. Exercise of the option shall be conditioned upon (a) none of the space in the Premises being subleased at the time of exercise of the option or commencement of the option term, and (b) the Lease not having been assigned by Tenant to any other person or entity. If Tenant exercises an option, Landlord shall give Tenant notice of Landlord's estimation of fair market rent schedule for the Option Term not later than 10 months before the beginning of the Option Term. If Tenant disagrees with the rent schedule specified by Landlord, it shall advise Landlord in writing thereof within 20 days after receipt of Landlord's notice, and the parties shall promptly meet to attempt to resolve their difference. If the difference is not resolved within 30 days after Landlord's notice of the New Rent, then the parties shall submit the matter to arbitration. Each party shall notify the other in writing of the name and address of its arbitrator. The Base Monthly Rent arbitrator(s) shall be adjusted at qualified real estate brokers familiar with rental rates in the end Seattle area. If, within 10 days after receipt of a notice from the initialing party (the "Instigator") designating its arbitrator, the other party (the "Recipient") fails to give notice to Instigator specifying the name and address of the thirtieth (30th) month of person designated by Recipient to act as its arbitrator, then the Renewal Term arbitrator appointed by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which Instigator shall be the Consumer Price Index published immediately prior to sole arbitrator and shall determine the period including the thirtieth (30th) month issue. The duty of the Renewal Term and the denominator of which arbitrator(s) shall be to determine the Consumer Price Index published immediately prior fair market rent schedule based on rental rates for the comparable space in the Seattle area. The 2 arbitrators so chosen shall meet within 10 days after the second arbitrator is appointed and, if within 10 days after such first meeting the two arbitrators are unable to agree promptly upon the fair market rent schedule, the arbitrators shall appoint a third arbitrator, who shall be a competent and impartial person with qualifications similar to those required of the first (1st) month two arbitrators. When the third arbitrator has been appointed, the first two arbitrators shall each state in writing its determination of the Renewal Termfair market rent schedule supported by the reasons therefor with counterpart copies to each party. In The first two arbitrators shall arrange for a simultaneous exchange of such proposed resolutions. The role of the third arbitrator shall be to select which of the two proposed resolutions most closely approximates the third arbitrator's determination of fair market rent. The third arbitrator shall have no event, however, shall the Base Monthly Rent for the last thirty (30) months right to propose a middle ground or any modification of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal two proposed resolutions. The resolution selected shall constitute the decision of the arbitrators and be final and binding upon the parties. If any arbitrator fails or refuses to act, a successor shall be appointed by that arbitrator. The arbitrators shall attempt to decide the issue within 10 days after the appointment of the third arbitrator. The arbitrator(s)' decision shall be binding and conclusive upon the parties. Each party shall pay the fee and expenses of its respective arbitrator and both shall share equally the fee and expenses of the third arbitrator. The arbitrators shall have no power to modify the provisions of this Lease. The right to terminate on a 9 months' notice, set forth in Exhibit D shall not apply during the Option Term.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants Tenant shall have one (1) option (the “Renewal Option”) to Tenant extend the option to renew the Lease, Term for an additional term a period of five (5) years beyond the Expiration Date (the "“Renewal Term") ”). The Renewal Option is personal to Tenant and may not be exercised by or on behalf of any sublessee or assignee, or by any other successor or assign of Tenant, except for a Tenant Affiliate to whom Tenant assigns its entire right, title and interest in and to this Lease pursuant to Paragraph 24 above. The Renewal Option shall be effective only if Tenant is not in Default under this Lease, nor has any event occurred which with the option commencing on giving of notice or the expiration passage of time, or both, would constitute a Default hereunder, either at the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease time of the Leased Premises for either exercise of the Renewal Terms shall be on Option or the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during time of commencement of the Renewal Term shall Term. The Renewal Option must be as set forth below in Paragraph 3exercised, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. if at all, by written notice (“Election Notice”) from Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice given not sooner less than nine (9) months prior to the expiration of the Term. Except as hereinafter provided in this Paragraph 50, any such notice given by Tenant to Landlord shall be irrevocable. If Tenant fails to exercise the Renewal Commencement Date Option in a timely manner as provided for above, the Renewal Option shall be void. The Renewal Term shall be upon the same terms and not later conditions as the initial Term, except that the annual Base Rent during the Renewal Term (the “Renewal Rate”) shall be equal to a rate specified by Landlord in writing and furnished to Tenant. Landlord shall endeavor to notify Tenant in writing (such notice being hereinafter referred to as the “Renewal Rate Notice”) of the Renewal Rate within thirty (30) days after Landlord’s receipt of the Election Notice; provided, however, that if Tenant delivers its Election Notice to Landlord more than six twelve (612) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant Term, then Landlord shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its the right to extend defer delivering its Renewal Rate Notice to Tenant until the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty final twelve (3012) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after receipt of the other Renewal Rate Notice (the “Response Period”) to advise Landlord whether or not Tenant accepts the Renewal Rate. If Tenant agrees to pay the Renewal Rate, then Landlord and Tenant shall promptly enter into an amendment to this Lease providing for the lease of the Premises by Tenant during the Renewal Term upon the terms stated in the Renewal Rate Notice. If Tenant does not agree to pay the Renewal Rate, Tenant shall have the right to rescind its Election Notice in writing within the Response Period and neither party has given shall have any further rights or obligations under this Paragraph 50. If Tenant fails to provide Landlord with written notice of the name of its appraiser, the other party can then apply rescission prior to the President expiration of the Santa Response Period, then Tenant shall be deemed to have agreed to pay the Renewal Rate. No further renewal option shall be available to Tenant at the end of the Renewal Term. Landlord and Tenant have executed and delivered this Lease as of the Lease Date specified in the Basic Lease Information. LANDLORD: HARBOR INVESTMENT PARTNERS, a California general partnership By: Aetna Life Insurance Company, a Connecticut corporation, its General Partner By: UBS ▇▇▇▇▇▇▇ County Real Estate Board or Realty Investors LLC its Investment Advisor and Agent By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Vice President TENANT: COPPER MOUNTAIN NETWORKS, INC., a Delaware corporation By: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Title: V.P. Finance / C.F.O. EXHIBIT B TENANT IMPROVEMENTS This exhibit, entitled “Tenant Improvements”, is and shall constitute Exhibit B to the presiding Judge Lease Agreement, dated as of the Superior Court of that County Lease Date, by and between Landlord and Tenant for the selection of a second appraiser who meets the qualifications stated abovePremises. The failing party shall bear the cost terms and conditions of appointing the second appraiser this Exhibit B are hereby incorporated into and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select made a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each part of the parties shall bear one-half (1/2) of Lease. Capitalized terms used, but not otherwise defined, in this Exhibit B have the cost of appointing meanings ascribed to such terms in the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermLease.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant Provided that no Event of Default has then occurred, Lessee shall have the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on at the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease original term, with respect to all but not less than all of the Leased Premises for either of the Renewal Terms shall be Equipment leased under this Equipment Schedule on the same terms and conditions as set forth in of the Lease, except:
A. That for a negotiated renewal term at a periodic rent equal to the rental for Fair Market Rental Value of such Equipment determined at the Leased Premises time of renewal. Such election shall be effective with respect to all Equipment leased under this Equipment Schedule. If Lessee desires to exercise this option it shall give Lessor written notice of its intention to exercise this option to renew at least ninety (90) days before expiration of the original term with respect to this Equipment Schedule. Thereafter, ▇▇▇▇▇▇ shall engage in negotiations with Lessor to determine the periodic rent to be paid during the Renewal Term renewal term. Not less then sixty (60) days before expiration of the original term with respect to this Equipment Schedule, Lessee shall give Lessor written notice of its election to renew on the terms mutually agreed upon during negotiations. For purposes of this Section, “Fair Market Rental Value” shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall deemed to be increased an amount equal to the rental amount determined rental, as installed and in Paragraph 3 {use, obtainable in an arms’ length transaction between a willing and informed lessor and a willing and informed lessee under no compulsion to lease (and assuming that, as of the "increased Security Deposit Amount"date of determination, the Equipment is in at least the condition required by section 9 of the Master Lease Agreement).
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine If (9) months prior to the Renewal Commencement Date and not later than six sixty (660) months prior to the Renewal Commencement Date (time is expressly days before expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers parties are unable to agree on the Then Monthly Fair Market Rental Rate for Value of the Leased Premises within ten Equipment, then (10at least forty-five (45) days after before expiration of the second appraiser has been term of the Lease) Lessor and Lessee shall obtain appraisal values from three independent appraisers (one to be selected or appointedby Lessor at its expense, then one by Lessee at its expense, and the other by the two selected by Lessor and Lessee (the expense of such third appraiser to be shared equally by ▇▇▇▇▇▇ and ▇▇▇▇▇▇); each of whom must be associated with a professional organization of equipment or personal property appraisers, such as the American Society of Appraisers) and the average Fair Market Rental Value as determined by such appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree be binding on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termhereto.
Appears in 1 contract
Sources: Master Electronic Equipment Lease (KeyOn Communications Holdings Inc.)
OPTION TO RENEW. Landlord hereby grants to Tenant Provided that no Default or Event of Default has then occurred and is continuing, Lessee shall have the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on at the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease initial term of this Schedule, with respect to all but not less than all of the Leased Premises for either of the Renewal Terms shall be Equipment, on the same terms and conditions as set forth in of the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased a negotiated renewal term at a periodic rent equal to the rental amount Fair Market Rental Value of the Equipment determined in Paragraph 3 {at the "increased Security Deposit Amount").
2time of renewal. Tenant If Lessee desires to exercise this option it shall notify Landlord of Tenant's exercise give Lessor written notice of its right intention to exercise this option to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine at least two hundred forty (9240) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly days before expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the LeaseLease with respect to this Schedule. Thereafter, Lessor and Lessee shall determine the periodic rent to be paid during the renewal term. Not less than one hundred eighty (180) days before expiration of the term of tl3e the Lease with respect to this Schedule, Lessee shall give Lessor irrevocable written notice of its election to renew on the terms mutually agreed upon during negotiations. Such election shall be so extended for effective with respect to all Equipment leased under this Schedule. If Lessee exercises the Renewal Term on option set forth in this Section 12, Lessee shall simultaneously exercise the same terms corresponding option under each of Schedules ___, ____ and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month ___ with respect to all but not less than all of the first thirty (30) months Equipment subject to each such Schedule. For purposes of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Termthis Section, or (ii) the Then "Fair Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental RateValue" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot deemed to be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term an amount equal to the Renewal Term. If either party does not appoint rental, as installed and in use, obtainable in an appraiser within ten arms' length transaction between a willing and informed lessor and a willing and informed lessee under no compulsion to lease (10) days after the other party has given notice and assuming that, as of the name date of its appraiserdetermination, the other party can then apply to Equipment is in at least the President condition required by Section 12 of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge Lease and Section 17 of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premisesthis Schedule). If the two appraisers parties are unable to agree on the Then Monthly Fair Market Rental Rate for Value of the Leased Premises within ten (10) days after the second appraiser has been selected or appointedEquipment, then Lessor and Lessee shall at Lessee's expense obtain appraisal values from three independent appraisers (one to be selected by Lessor, one by Lessee, and the other by the two selected by Lessor and Lessee; each of whom must be associated with a professional organization of equipment or personal property appraisers, such as the American Society of Appraisers) and the average Fair Market Rental Value as determined by such appraisers shall attempt to select a third appraiser meeting be binding on the qualifications stated aboveparties hereto. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed appraisers selected by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser Lessor and of paying the third appraiser's fee. Unless the three appraisers Lessee are able unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, then Lessor will select the two appraiser to provide the third appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termvalue.
Appears in 1 contract
Sources: Interim Funding Agreement (Tower International, Inc.)
OPTION TO RENEW. Landlord hereby grants to Provided this Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of this Lease at the time of notification or commencement, Tenant shall have one (1) option to renew (the Lease, “Renewal Option”) this Lease for an additional a term of five (5) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
40.1 If Tenant elects to a qualified tenant readyexercise the Renewal Option, willing and able to lease then Tenant shall provide Landlord with written notice no earlier than the Leased Premises for a term equal date which is fifteen (15) months prior to the Renewal Termexpiration of the Term of this Lease but no later than the date which is twelve (12) months prior to the expiration of the Term of this Lease. If either party does not appoint an appraiser within ten Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease.
40.2 The Annual Rent and Monthly Installment of Rent in effect at the expiration of the Term of this Lease shall be the Prevailing Market (10defined below) rate. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Rent for the Premises no later than thirty (30) days after the other party has given notice receipt of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated aboveTenant’s written request therefor. The failing party Said request shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten be made no earlier than thirty (1030) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month date on which Tenant may exercise its Renewal Option under this Article 40. Said notification of the Renewal Term. In no event, however, shall new Annual Rent and Monthly Installment of Rent may include a provision for its escalation to provide for a change in fair market rental between the Base Monthly Rent for time of notification and the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months commencement of the Renewal Term.
40.3 This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant and any Permitted Transferee as set forth above and that in no event will any assignee or sublessee (other than a Permitted Transferee) have any rights to exercise the aforesaid option to renew.
40.4 If the Renewal Option is validly exercised or if Tenant fails to validly exercise the Renewal Option, Tenant shall have no further right to extend the term of this Lease.
40.5 For purposes of this Renewal Option, “Prevailing Market” shall mean the arms length fair market annual rental rate per rentable square foot under renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the same rental market in the Seattle, Washington area as of the date the Renewal Term is to commence, taking into account the specific provisions of this Lease which will remain constant. The determination of Prevailing Market shall take into account any material economic differences between the terms of this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the manner, if any, in which the landlord under any such comparison lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under this Lease.
40.6 Notwithstanding anything herein to the contrary, the Renewal Option is subject and subordinate to the expansion rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant of the Building existing on the date hereof.
Appears in 1 contract
Sources: Lease (Cray Inc)
OPTION TO RENEW. Landlord hereby grants Tenant will have the right, to Tenant be exercised as hereinafter provided, to extend the option Term for up to renew the Lease, for an additional term one (1) period of five (5) years (the "Renewal Term") with ), upon the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same following terms and conditions as and subject to the following limitations:
(a) As of the respective times hereinafter set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the such renewal option, this Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date will be in full force and not later than six (6) months prior to the Renewal Commencement Date (time is expressly effect and there will be no Event of the essence to Landlord). Any attempted exercise of Default under this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, that Landlord will have the Base Monthly Rent for each month right, in its sole discretion, to waive any such condition regarding an Event of Default.
(b) With respect to the first thirty (30) months of Renewal Term, if any, the Premises will be leased to Tenant on an "as is" basis, and the Renewal Term shall will be calculated as follows: The new upon the same terms, provisions and conditions contained in this Lease, except that (subject to this Section 17.1(b)) the annual Base Monthly Rent for the Renewal Term shall will be equal to the greater of: Fair Market Rental Value (i) as such term is defined in Section 17.3 hereof, as determined with respect to the Renewal Term pursuant to Section 17.3 hereof. Further, such Base Monthly Rent being paid by Tenant to Landlord will commence on the first day of the Renewal Term, and will continue on the first day of each and every month thereafter for the next succeeding months during the final full month balance of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term commences on a date other than the first day of a calendar month, or ends on a date other than the last day of a calendar month, monthly rent for the first month of the Renewal Term or the last month of the Renewal Term will be prorated based upon the ratio that the number of days in the Renewal Term within such month bears to the total number of days in such month. Anything in this Lease to the contrary notwithstanding, the Base Rent during the Renewal Term will not be less than the Base Monthly Rent paid in effect during the final full month last Lease Year of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Initial Term.
Appears in 1 contract
Sources: Office Lease (Vitria Technology Inc)
OPTION TO RENEW. Landlord hereby grants (a) Provided that an Event of Default has not occurred, and Tenant's right to possession of the Premises is not terminated and Tenant has not assigned any of its interest in this Lease or Sublet more than fifty percent (50%) of the option to renew Premises for the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration remaining Term of the Lease (other than Permitted Transfers), then Tenant shall have the "First Renewal Commencement Date"right and option to extend the original term of this Lease for two (2) and ending five further terms of sixty --- (560) years thereafter (the "First Renewal Expiration Date").
1months. The lease Such extension of the Leased Premises for either of the Renewal Terms original term shall be on the same terms terms, covenants and conditions as set forth provided for in the Lease, except:
A. That original term except for this Paragraph and except that the rental for the Leased Premises Base Rent during the Renewal Term extended term shall be as set forth below at the fair market base rent then in Paragraph 3effect on equivalent properties, and
B. That of equivalent size, in equivalent areas, with the Security Deposit shall length of the extended term, applicable base years (expenses stops) for purposes of determining additional rent, the value of rent concessions, build-out allowances and the credit standing of tenant to be increased to the rental amount determined in Paragraph 3 {taken into account, (the "increased Security Deposit AmountFair Market Base Rent").
2. Tenant shall notify deliver written notice to Landlord --------------------- of Tenant's intent to exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner Option granted herein (each, a "Renewal Request Notice") no later than nine twelve (912) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly ---------------------- expiration of the essence to Landlord). Any attempted exercise original term of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effectLease. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunderrenewal options unless expressly granted by Landlord in writing.
3. If (b) In the event Tenant shall have properly and timely exercised its fails to deliver the Renewal Request Notice within the time period set forth above, time being of the essence with respect to Tenant's exercise thereof, Tenant's right to extend the term hereof shall automatically terminate, be null and void, and be of no further force and effect.
(c) Promptly after delivery to Landlord of Tenant's Renewal Request Notice, Landlord and Tenant shall endeavor to agree upon the Fair Market Base Rent applicable to the Renewal Term. If Landlord and Tenant mutually agree in writing upon the Fair Market Base Rent within thirty (30) days after written exercise by Tenant of this renewal option, Landlord shall lease the Premises to Tenant during the Renewal Term in their then-current, as-is condition, and Landlord shall not provide to Tenant any allowances (e.g. Moving Allowance, Construction Allowance, and the like) or other tenant inducements. If Landlord and Tenant do not agree upon the Fair Market Base Rent applicable to the Renewal Term within thirty (30) days after Landlord's receipt of the LeaseRenewal Request Notice, then Landlord shall deliver written notice to Tenant with thirty (30) days thereafter (the "Rent Notice") of Landlord's Determination of the Fair Market Base Rent ----------- applicable to the Renewal Term ("Landlord's Determination"), which ------------------------ determination shall be binding on Landlord in the event such Fair Market Base Rent is determined by appraisal pursuant to Subsection (d) herein. Tenant shall deliver written notice to Landlord ("Tenant's Notice"), within --------------- thirty (30) days after Tenant's receipt of the Rent Notice, whether Tenant accepts or disputes Landlord's Determination, and if Tenant disputes Landlord's Determination, Tenant's Notice shall set forth Tenant's determination of the renewal term Fair Market Base Rent in question ("Tenant's Determination"), which determination shall be binding on Tenant ------------------------ in the event such renewal term Fair Market Base Rent is determined by appraisal pursuant to Subsection (d) herein. Landlord's Determination and Tenant's Determination are each hereinafter referred to as a ("Determination") and are collectively hereinafter referred to as the -------------- ("Determinations"). If Tenant fails to give Tenant's Notice within such ---------------- thirty (30) day period, then Tenant shall be deemed to have accepted Landlord's Determination. If Tenant timely disputes Landlord's Determination, then the renewal term Fair Market Base Rent in question shall be established by Appraisal in accordance with the procedures set forth in Subsection (d) herein. If, for any reason, the term Fair Market Base Rent applicable to the Renewal Term is not finally determined on or prior to the commencement of tl3e Lease such renewal term, then (i) pending such final determination, Tenant shall be so extended entitled to continue its occupancy of the Premises and shall pay initially base rent for the Renewal Term on at the same terms and conditions contained Base Rent Rate in effect during the Lease; providedlast month of the original term as specified in Paragraph 2.a., however(ii) upon such final determination, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be as provided above, and (iii) in the greater of: (i) event that such final determination results in a Base Rent rate different higher than the Base Monthly Rent being rate paid by Tenant to Landlord during the final full month of the final year of the initial Lease such Renewal Term, a retroactive adjustment in Base Rent shall be made and Tenant shall pay Landlord the appropriate payment within ten (ten) days of Landlord's demand. To the extent that the appraisers determine Fair Market Base Rent for any Renewal Term by reference to other transactions, they shall consider the terms and conditions of such other transactions and if such other transactions have different terms and conditions (e.g., shorter or (ii) longer term, free rent, different escalation formulae or renewal options), the Then Fair Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" Base Rent at issue shall be determined by mutual agreement between Landlord and Tenant or, in the appraisers by making appropriate adjustment to the base rent of such other transactions.
(d) In the event such agreement cannot that renewal term Fair Market Base Rent is to be made within ten determined by appraisal, said appraisal shall be conducted in accordance with the following procedures:
(101) Within twenty (20) days from the date Tenant shall have exercised this optionafter Landlord delivers written notice to appraise to Tenant, Landlord and Tenant shall each appoint select a real estate appraiser with Real Estate Appraiser, who shall be a member of the American Institute of Real Estate Appraisers, and who shall have at least five (5) years full-time commercial/industrial appraisal experience with respect to commercial and industrial rental properties in Santa ▇▇▇▇▇ County Dallas, Texas. If one of the parties hereto fails to appraise appoint an appraiser within the time period prescribed, then the single appraiser appointed shall be the sole appraiser and shall determine the fair market monthly rental rate Fair Market Base Rent at issue. If two appraisers are appointed, they shall have thirty (30) days from the Leased Premises, in their then existing condition for date the use specified in second appraiser is appointed (the Lease could "30-Day Appraisal Period") within which to agree upon the ----------------------- Fair Market Base Rent at issue. The appraiser(s) shall be leased for, on advised that the determination of the Fair Market Base Rent at issue shall be governed by the definitions of same terms and conditions set forth in this Lease and the Leaserequirement that each appraiser select the determination (as between Landlord's Determination and Tenant's Determination), to a qualified tenant readywhich, willing in his/her opinion, more accurately reflects the Fair Market Base Rent. The Determination selected by the two appraisers as the Fair Market Base Rent at issue shall be binding on Landlord and able to lease Tenant.
(2) If the Leased Premises for a term equal to two appraisers appointed by the Renewal Term. If either party does parties hereto do not appoint an appraiser concur in such selection as aforesaid within the 30-day Appraisal Period, then said appraisers shall, within ten (10) days after the other party has given notice expiration of the name of its appraiser30-day Appraisal Period, select a third appraiser (the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets "Third Appraiser"). The Third Appraiser must meet --------------- the qualifications stated set forth in subparagraph (1) above, and shall be a person who has not previously acted in any capacity for either Landlord or Tenant.
(3) The Third Appraiser shall subscribe and swear to an oath to fairly and impartially choose the Determination which more accurately reflects the Fair Market Base Rent, in accordance herewith. The failing party Third Appraiser shall bear the cost of appointing the second appraiser and of paying the second appraiser's feeconduct such hearings as he deems appropriate (or such hearings as either Landlord or Tenant shall reasonably request). The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten Within fifteen (1015) days after the second appraiser Third Appraiser has been selected or appointed, then the two appraisers Third Appraiser shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiserDetermination (as between Landlord's Determination and Tenant's Determination) which, either party can follow in his/her opinion, more accurately reflects the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties Fair Market Base Rent, and shall bear one-half (1/2) of the cost of appointing the third appraiser notify Landlord, Tenant and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month each of the initial Lease TermAppraisers of such selection in writing. The With respect to Tenant's Renewal Option as provided in this paragraph, the Fair Market Base Monthly Rent shall be adjusted at set forth in the end of final determination selected by the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which Third Appraiser shall be the Consumer Price Index published immediately prior to Final Determination of such amounts, which determination shall be conclusive and binding upon both Landlord and Tenant. Except as otherwise provided in the period including Lease, each party hereto shall pay the thirtieth (30th) month fees and expenses of the Renewal Term appraiser selected by such party, and the denominator fees and expenses of which the Third Appraiser shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termborne equally by Landlord and Tenant.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants Provided that GLOBALSECURE HOLDINGS LTD., a Delaware corporation (GSH), INC., a Delaware non-profit corporation (“GSH”) is not then in default and has not been in default more than twice during the Term, in each case both at the time of exercise of the Renewal Option, as hereinafter defined, and at the commencement of the Renewal Period, as hereinafter defined, and is then in occupancy of the Premises at the time of exercise of the Renewal Option, as hereinafter defined, and at the time of the commencement of the Renewal Period, as hereinafter defined, GSH shall have one (1) option (the “Renewal Option”) to Tenant extend the option to renew Term of the Lease, Lease for an one (1) additional term of five (5) years year period (the "“Renewal Term"Period”) with the option commencing on after the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1initial Term. The lease of the Leased Premises for either of the Renewal Terms Option shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term exercisable only by giving written notice given by GSH to Landlord written notice not sooner later than nine (9) months months, nor earlier than twelve (12) months, prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effectinitial Term. In the event that Tenant GSH does not timely exercise the Renewal Option, said Renewal Option shall be null and void and of no further force or is not effect, time being of the essence in the exercise of the Renewal Option and it being acknowledged and agreed by GSH that Landlord shall be entitled to rely on any failure by GSH to give written notice of its exercise of its option Tenant shall have no further rights hereunder.
3Renewal Option by the date set forth herein for such exercise thereof. If Tenant shall have properly All terms and timely exercised its right to extend the term conditions of the Lease, the term of tl3e this Lease shall be so extended applicable during the Renewal Period except that the amount of Base Rent charged for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term Period shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Termthen “Prevailing Market Rent”, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" which shall be determined by mutual agreement between Landlord and Tenant or, the rent for comparable office space in comparable buildings in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa “W▇▇▇ ▇▇▇” ▇▇▇▇▇▇▇▇▇ County ▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ taking into account the Base Year and any concessions provided to appraise Tenant. If within thirty (30) days following delivery of GSH’s notice, Landlord and determine GSH have not mutually agreed on the fair market monthly rental rate the Leased Premises, in their then existing condition Prevailing Market Rent for the use specified in the Lease could be leased forRenewal Period, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser then within ten (10) days after the expiration of such thirty-day period, each party shall give written notice to the other setting forth the name and address of a Broker (as hereinafter defined) selected by such party who has given notice agreed to act in such capacity, to determine the Prevailing Market Rent. If either party shall fail to select a Broker as aforesaid, the Prevailing Market Rent shall be determined by the Broker selected by the other party. Each Broker shall thereupon independently make his determination of the name of its appraiser, Prevailing Market Rent within twenty (20) days after the other party can then apply to the President appointment of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased PremisesBroker. If the two appraisers Brokers’ determinations are unable not the same, but the higher of such two values is not more than one hundred five percent (105%) of the lower of them, then the Prevailing Market Rent shall be deemed to agree on be the Then Monthly Market Rental Rate for average of the Leased Premises two values. If the higher of such two values is more than one hundred five percent (105%) of the lower of them, then the two Brokers shall jointly appoint a third Broker within ten (10) days after the second appraiser of the two determinations described above has been selected or appointedrendered. The third Broker shall independently make his determination of the Prevailing Market Rent within twenty (20) days after his appointment. The highest and the lowest determinations of value among the three Brokers shall be disregarded and the remaining determination shall be deemed to be the Prevailing Market Rent. Within thirty (30) days after the Prevailing Market Rent is determined as aforesaid, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear execute an amendment to this Lease setting forth the new Rent to be paid for the Renewal Period. For the purposes of this Section 39, “Broker” shall mean a real estate broker licensed in the District of Columbia, who has been regularly engaged in such capacity in the business of commercial office leasing in Washington, DC for at least ten (10) years immediately preceding such person’s appointment hereunder. Each party shall pay for the cost of its Broker and one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermBroker.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant 7.1 To the option extent that the Lessee is given a right to renew the this Lease, for an additional term of five (5) years (the "Renewal Term") this right shall be exercised in accordance with the option commencing on the expiration provisions set out in clause 7.2 read together with clause 1.3.(4) of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date")Schedule.
7.2 Renewal of lease period:
(1. The lease ) Subject to the provisions set out in this clause 7.2, and provided the Lessee has faithfully complied with all of its obligations in terms of this Agreement, the Leased Premises for either of Lessee will have the Renewal Terms shall be right to renew this Lease on the same terms and conditions as set forth contained here but for a period of years (renewal period) and on payment terms determined in terms of clause 7.2(3) and (4) below;
(2) The Lessee must notify the Lessor in writing if it wishes to renew this Lease by no later than 6 calendar months prior to the end of the Lease Period. Failure to notify on time will mean that the Lessee elects not to renew this Lease.
(3) Subject to clause 7.2(1), excepton notice being given of the Lessee exercising its right of renewal, the parties will immediately engage one another to agree on the market related Rental, Parking Bays, Storage Space payments and escalations payable for the renewal period.
(4) Should the parties not be able to agree within two months after the Lessee gives notice to renew on the Rental, Parking Bays and Storage Space payments that will apply during the renewal period, the parties will request the President of SAPOA to appoint an independent valuer to determine what the market related amounts will be for the renewal period. In this regard:
A. That (a) The decision of this valuer (acting as an expert and not as arbitrator) will be final and binding on the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, parties; and
B. That (b) The fees and charges of the Security Deposit shall valuer will be increased to shared by the rental amount determined in Paragraph 3 {parties equally. The Lessor will give the "increased Security Deposit Amount").
2. Tenant shall notify Landlord Lessee notice no more than four months and no less than two months before the expiration of Tenant's exercise the Lease of its right the Lessee’s option to renew the Lease for a further period. The Lessor will advise the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior Lessee of any material changes to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months Lease should it be renewed and of the Renewal Term shall be calculated as follows: increases to Rental, Parking Bays and Storage Space payments. The new Base Monthly Rent for Lessee must give the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant Lessor reasonable notice of its choice to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for end the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant oror to renew for a further period, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in failing which the Lease could be leased for, will continue on a month-to-month basis on the same terms and conditions set forth and at the prices the Lessee was advised of in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermLessor.
Appears in 1 contract
Sources: Lease Agreement
OPTION TO RENEW. Landlord hereby grants to Tenant shall have the option to renew the Lease, and extend this Lease for an additional term of five (5) years (“Extended Term”). The Extended Term shall be upon the "Renewal Term"same terms, conditions and provisions contained in this Lease, provided that Rent then in effect shall be adjusted as set forth hereafter. In no event shall any percentage increase in Rent exceed the percentage increase in the Consumer Price Index as hereafter defined. For purposes of this Lease, the Consumer Price Index shall mean the most recent Consumer Price Index for Urban Wage Earners and Clerical Workers Revised (1982-84=100), published by the Bureau of Labor Statistics of the United States Department of Labor, all items, reported for the month prior to the Commencement Date of the Term shall be considered as the base Index in effect. The price Index in effect for the month prior to the beginning of the Extended Term shall be compared with this base Index figure. The Rent then in effect shall be increased , if appropriate, by the percentage of increase in the price Index in effect for the month prior to the first day of the Extended Term over the base Index. Tenant shall give Landlord preliminary written notice (the “Preliminary Notice”) with of its intention to exercise the option commencing on to renew and extend this Lease for the Extended Term no less than one hundred twenty (120) days prior to the expiration of the initial Term. The Preliminary Notice does not commit the Tenant to renew or extend the Lease. No later than forty five (45) days after receipt of said notice, Landlord shall submit to Tenant its proposed lease price for the Extended Term. The parties shall promptly enter into negotiations to establish the firm price for the Extended Term. Tenant shall exercise its option to renew and extend this Lease for the Extended Term by delivering written notice to Landlord (the "First Renewal Commencement Date"“Notice of Renewal”) and ending five no less than thirty (530) years thereafter (days prior to the "First Renewal Expiration Date").
1. The lease expiration of the Leased Premises for either initial Term. Once given, the Notice of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Extended Term shall be irrevocable by Tenant, except as set forth below may be otherwise provided in Paragraph 3, and
B. That this Lease and the Security Deposit rent shall be the amount negotiated and agreed to by the parties or failing agreement by the parties the prior rent increased by the percentage increase or decreased in the price index as described above. Notwithstanding anything to the rental amount determined contrary contained in Paragraph 3 {the "increased Security Deposit Amount").
2. foregoing, Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option to renew only if Tenant shall have no further rights hereunder.
3. If Tenant shall have properly not then be in default after notice and timely exercised its right to extend the term expiration of any applicable grace period under any of the material terms, provisions, covenants or conditions of this Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, event shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to increase on the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months a minimum of the Renewal Term3% per year or a maximum of 5% per year.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant the option Any options to renew or extend the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth Term contained in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3any amendments thereto, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly including without limitation Section 30 of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated Lease, or otherwise are hereby deleted in the manner stated shall be void their entirety and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.right to extend the Term except as follows:
3. If a. Tenant shall have properly and timely exercised its is granted the right to extend the term of this Lease beyond the LeaseExpiration Date for two (2) periods of three (3) years each (each, an “Extended Term”). Tenant may not exercise this right if there exists an event of default beyond any applicable cure period. Tenant must provide written notice of its exercise to Landlord no later than one hundred and eighty (180) days prior to the term then-applicable Expiration Date. Once given, Tenant’s exercise of tl3e Lease shall its rights under this Section 3(a) cannot be so extended for the Renewal Term on the same cancelled or revoked. In each Extended Term, all terms and conditions contained in the Lease; provided, however, the of this Lease shall apply except that Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term Rental shall be calculated as follows: The new Base Monthly based on the Fair Market Rent for the Renewal Term shall Premises. These options are personal to Tenant and may not be the greater of: (i) the Base Monthly Rent being paid exercised by any assignee or sublessee other than an affiliate of Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premisesa successor by merger or consolidation.
4. The term "Then Monthly b. As used herein, “Fair Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term Rent” means an amount equal to the Renewal then prevailing rate for similar space in a comparable building located within the Seattle metropolitan area during the applicable Extended Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In but in no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be event less than the Base Monthly Rent to be paid during to Landlord in the final full month last twelve (12) months of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no eventIf Tenant validly exercises an extension option as provided in Section 3(a), howeverthen Landlord shall, shall the Base Monthly Rent for the last within thirty (30) months days of either Renewal Term be less than receipt of Tenant’s written exercise of such extension option, provide Tenant with Landlord’s determination of Fair Market Rent. After receiving Landlord’s determination of Fair Market Rent, Tenant shall have the Base Monthly Rent for the first right any time within thirty (30) months days of receipt of Landlord’s determination of Fair Market Rent, to provide written notice to Landlord in order to: (i) confirm to Landlord Tenant’s exercise of its extension option and that Tenant accepts Landlord’s determination of Fair Market Rent for the applicable Extended Term; or (ii) notify Landlord that Tenant disagrees with Landlord’s determination of the Renewal Fair Market Rent and wishes to negotiate in good faith the amount of Fair Market Rent. In the event that Landlord and Tenant are unable to agree upon 75333427.2 0074357-00006 the Fair Market Rent for the Extended Term by the ninetieth (90th) day prior to the Expiration Date of the Term., then Fair Market Rent shall be determined by appraisal as follows:
Appears in 1 contract
Sources: Commercial Lease (Blue Nile Inc)
OPTION TO RENEW. Landlord hereby grants to Tenant shall, provided the Lease is in full force and effect and Tenant is not in default beyond applicable notice and cure periods under any of the other terms and conditions of the Lease at the time of notification or commencement, have one (1) option to renew the Leasethis Lease for one additional three (3) year term, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of date the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased renewal term is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth below:
a. If Tenant elects to a qualified tenant readyexercise said option, willing then Tenant shall provide Landlord with written notice (the “Option Notice”) no earlier than the date which is twelve (12) months and able to lease the Leased Premises for a term equal no less than nine (9) months prior to the Renewal Termexpiration of the then current term of the Lease. If either party does not appoint an appraiser within ten Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the term of the Lease.
b. The Annual Rent and Monthly Installment in effect at the expiration of the then current term of the Lease shall be increased to reflect the current fair market rental for comparable space in the Building and in other similar buildings in the Sorrento Mesa rental market as of the date the renewal term is to commence, taking into account the specific provisions of the Lease which will remain constant. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment for the Premises no later than thirty (1030) days after receipt of Tenant’s written request therefore. Said request shall be made no earlier than thirty (30) days prior to the other party has given notice first date on which Tenant may exercise its option under this Paragraph. Said notification of the name new Annual Rent may include a provision for its escalation to provide for a change in fair market rental between the time of notification and the commencement of the renewal term. In the event Tenant exercises its appraiseroption to extend but objects to Landlord’s determination of the Option Rent concurrently with its exercise of the option to extend, Landlord and Tenant shall attempt to agree in good faith upon the other Option Rent. If Landlord and Tenant fail to reach agreement within thirty (30) days following Tenant’s delivery of the Option Notice (the “Outside Agreement Date”), then each party can then apply shall make a separate determination of the Option Rent within five (5) business days after the Outside Agreement Date, concurrently exchange such determinations and such determinations shall be submitted to arbitration in accordance with Sections (i) through (vii) below.
(i) Landlord and Tenant shall each appoint one arbitrator who shall by profession be a real estate broker or appraiser who shall have been active over the five (5) year period ending on the date of such appointment in the leasing (or appraisal, as the case may be) of commercial high-rise properties in the Sorrento Mesa area of San Diego. The determination of the arbitrators shall be limited solely to the President issue of the Santa whether ▇▇▇▇▇ County Real Estate Board ▇▇▇▇’s or Tenant’s submitted Option Rent is the presiding Judge closest to the actual Option Rent, as determined by the arbitrators, taking into account the requirements of this Addendum (i.e., the Superior Court of that County for the selection of arbitrators may only select Landlord’s or Tenant’s determination and shall not be entitled to make a second appraiser who meets the qualifications stated abovecompromise determination). The failing party Each such arbitrator shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises be appointed within ten fifteen (1015) business days after the second appraiser has been selected or appointed, then applicable Outside Agreement Date.
(ii) The two (2) arbitrators so appointed shall within five (5) days of the two appraisers shall attempt to select date of the appointment of the last appointed arbitrator agree upon and appoint a third appraiser meeting arbitrator who shall be qualified under the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure same criteria set forth hereinabove for having an appraiser appointed by the Real Estate Board or a judiciary. Each qualification of the parties initial two (2) arbitrators.
(iii) The three (3) arbitrators shall bear one-half within five (1/25) days of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiserarbitrator reach a decision as to whether the parties shall use Landlord’s or Tenant’s submitted Option Rent and shall notify Landlord and Tenant thereof.
(iv) The decision of the majority of the three (3) arbitrators shall be binding upon Landlord and Tenant.
(v) If either Landlord or Tenant fails to appoint an arbitrator within fifteen (15) business days after the applicable Outside Agreement Date, the two appraisal amounts being calculated most closely togetherarbitrator appointed by one of them shall reach a decision, after having discarded the appraisal amount which most greatly varies from the other two appraisal amountsnotify Landlord and Tenant thereof, and such arbitrator’s decision shall be added together then divided by binding upon Landlord and Tenant.
(vi) If the two (2). The resulting rental amount ) arbitrators fail to agree upon and appoint a third arbitrator, or both parties fail to appoint an arbitrator, then the appointment of the third arbitrator or any arbitrator shall be defined as the. Then Monthly Market Rental Rate for dismissed and the Leased Premises. In no event, however, Option Rent be decided shall be forthwith submitted to arbitration under the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month provisions of the initial Lease Term. American Arbitration Association, but subject to the instruction set forth in this Section 3.
(vii) The Base Monthly Rent cost of arbitration shall be adjusted at paid by Landlord and Tenant equally.
c. This option is not transferable; the end of parties hereto acknowledge and agree that they intend that the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which aforesaid option to renew this Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee (other than any assignee or sublessee in a Permitted Transfer) have any rights to exercise the Consumer Price Index published immediately prior aforesaid option to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termrenew.
Appears in 1 contract
Sources: Lease (Phenomix CORP)
OPTION TO RENEW. Landlord hereby grants to Provided the Lease is in full force and effect and Tenant is not in default beyond any applicable cure period under any of the option other terms and conditions of the Lease, at the time of either notification of renewal or commencement of the Renewal Term (as that term is hereinafter defined), then Tenant shall have the right to renew the Lease, Lease for an additional term one (1) period of five (5) years (the "“Renewal Term") with ”), for the option commencing on the expiration Demised Premises being leased by Tenant as of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions set forth below:
a. If Tenant elects to a qualified tenant readyexercise the option, willing and able to lease then Tenant shall provide Landlord with written notice no later than the Leased Premises for a term equal date which is 180 days prior to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month expiration of the initial Term, time being of the essence. If Tenant fails to timely provide such notice, Tenant shall have no right or additional right to extend or renew the Term of this Lease Term. The Base Monthly Rent and this Lease shall be adjusted expire at the end of the thirtieth (30th) month initial Term. The notice shall be given in the manner provided in the Lease for the giving of notices to Landlord.
b. If Tenant elects to exercise the option to renew, then the Base Rent to be paid by Tenant to Landlord during the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be at the Consumer Price Index published immediately prior to the period including the thirtieth rate which is two percent (30th2%) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less greater than the Base Monthly Rent for during the first thirty (30) months of previous year in the Renewal initial Term.
c. The option set forth in this Article is not transferable the parties hereto acknowledge and agree that the option to renew as set forth in this Article shall be “personal” to Tenant executing this Lease, and that in no event will any assignee or sublessee (other than a Tenant Affiliate) have any rights to exercise any rights set forth in this Article.
Appears in 1 contract
Sources: Commercial Lease (EnteroMedics Inc)
OPTION TO RENEW. Landlord hereby grants (a) Provided that both when it exercises the first option to extend described below and when the First Extended Term (as defined below) commences (i) this Lease is in full force and effect, (ii) Tenant is not in monetary default under this Lease, or in non-monetary default under this Lease beyond any applicable notice and grace periods, and (iii) the Tenant occupies at least 68% of the demised premises. Tenant shall have the option to renew extend the Lease, term of this Lease for an additional term period of five (5) years (the "Renewal First Extended Term") with ). Such option to extend the option commencing term of this Lease may be exercised only by Tenant giving written notice to Landlord on or before the expiration of the Lease date that is 18 months (the "First Renewal Commencement Exercise Date") prior to the original Expiration Date. If this Lease shall be terminated or if any of the other conditions to Tenant's option to extend described above shall no longer be satisfied at any time before the commencement of the First Extended Term, Tenant's option to extend the term of this Lease, or its exercise thereof, or the First Extended Term, or any lease created by any such exercise, shall be abrogated and ending rendered null and void. If Tenant fails to timely give such notice, Tenant's option to extend this Lease for the First Extended Term shall be terminated and be deemed waived by Tenant. If Tenant is in monetary default at the time it exercises the first option to extend and Tenant cures such default prior to the First Exercise Date, Tenant shall be entitled to re-exercise such option by giving notice to Landlord on or before the First Exercise Date so long as the conditions specified above are satisfied as of such exercise date. Provided that both when it exercises the second option to extend described below and when the Second Extended Term (as defined below) commences (i) this Lease is in full force and effect, (ii) Tenant is not in monetary default under this Lease and (iii) the Tenant occupies at least 68% of the demised premises, Tenant shall have the option to extend the term of this Lease for an additional period of five (5) years thereafter (the "First Renewal Expiration DateSecond Extended Term").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its Such option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of this Lease may be exercised only by Tenant giving written notice to Landlord on or before the Lease, date that is 18 months (the "Second Exercise Date") prior to the expiration of the First Extended Term. It is expressly agreed that Tenant shall not have an option to extend the term of tl3e this Lease beyond the expiration of the Second Extended Term. If this Lease shall be so extended terminated or if any of the other conditions to Tenant's option to extend described above shall no longer be satisfied at any time before the commencement of the Second Extended Term, Tenant's option to extend the term of this Lease, or its exercise thereof, or the Second Extended Term or any lease created by any such exercise, shall be abrogated and rendered null and void. If Tenant fails to timely give such notice, Tenant's option to extend this Lease for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Second Extended Term shall be calculated terminated and be deemed waived by Tenant. If Tenant is in monetary default at the time it exercises the second option to extend and Tenant cures such default prior to the Second Exercise Date, Tenant shall be entitled to re-exercise such option by giving notice to Landlord on or before the Second Exercise Date so long as the conditions specified above are satisfied as of such exercise date.
(b) Upon Tenant's giving notice of its election to extend the term of this Lease for the First Extended Term pursuant to paragraph (a) above, this Lease shall be deemed automatically amended as of the date following the original Expiration Date as follows: The new Base Monthly Rent :
(i) the basic annual rent for the Renewal First Extended Term shall be the greater of: of (x) the basic annual rent payable under this Lease immediately prior to the original Expiration Date or (y) the fair market rent for the demised premises for the First Extended Term as determined pursuant to Section 44.02; and (ii) the Expiration Date of the Extended Term shall be the last day of the month in which the 5th anniversary of the original Expiration Date occurs (the "Extended Expiration Date"). Upon Tenant's giving notice of its election to extend the term of this Lease for the Second Extended Term pursuant to paragraph (a) above, this Lease shall be deemed automatically amended as of the date following the Extended Expiration Date as follows:
(i) the Base Monthly Rent being paid by Tenant basic annual rent shall be the greater of (x) the basic annual rent payable under this Lease immediately prior to Landlord during the final full month of Extended Expiration Date or (y) the final year of fair market rent for the initial Lease Term, or demised premises for the Second Extended Term as determined pursuant to Section 44.02; and (ii) the Then Market Rental Rate for expiration date of the Second Extended Term shall be the last day of the month in which the fifth (5th) anniversary of the Extended Expiration Date occurs. Tenant and Landlord shall promptly execute and deliver an appropriate modification of this Lease Premisesto evidence said amendment(s).
4. The term (a) For purposes of this Article 44, in such instances that it is provided that Tenant shall pay a "Then Monthly Market Rental Ratefair market rent" as basic annual rent, such fair market rent shall be determined proposed by mutual agreement between Landlord giving notice therefor (a "FMR Notice"), not later than ninety (90) days prior to the original Expiration Date or the Extended Expiration Date, as applicable.
(b) Within thirty (30) days after Landlord gives a FMR Notice, Tenant shall notify Landlord as to whether or not it agrees with Landlord's proposed fair market rent, and if it does not so agree, Tenant shall in such notice submit to Landlord its proposed fair market rent. If Tenant fails to respond as aforesaid within said 30 day period, Tenant hereby agrees that it shall be deemed conclusively to have agreed to the fair market rent proposed by Landlord.
(c) If Landlord and Tenant ordo not agree upon the fair market rent, the matter shall be submitted to arbitration in accordance with the provisions of Article 43 hereof, subject, however, to the following modifications:
(i) the arbitrator selected shall have at least ten (10) years' experience in the event such agreement canleasing or management of office space in the northern New Jersey office market. The fees and expenses of the arbitrator and all other expenses (not including the attorneys' fees, witness fees and similar expenses of the parties which shall be made borne separately by each of the parties) of the arbitration shall be borne equally by the parties hereto;
(ii) within two business days after the appointment of the arbitrator, there shall be submitted to the arbitrator the FMR Notice containing Landlord's proposed fair market rent and a copy of Tenant's response thereto containing Tenant's proposed fair market rent;
(iii) within ten (10) business days from thereafter, the date Tenant arbitrator shall have exercised this optionselect either the fair market rent proposed by Landlord or Tenant, whichever the arbitrator determines is closest to his determination of the fair market rent for the demised premises.
(iv) in rendering such decision, the arbitrator shall determine the fair market rent that would be agreed upon by Landlord and a new unrelated third party tenant, and in connection therewith shall assume or take into consideration as appropriate all of the following: (A) the Landlord and prospective tenant are typically motivated; (B) the Landlord and prospective tenant are well informed and well advised, and each is acting in what it considers its own best interest; (C) a reasonable time under then-existing market conditions is allowed for exposure of the demised premises on the open market; (D) the demised premises are being delivered "as-is" and require no additional work by Landlord and that no work has been carried out thereon by the Tenant, its subtenant, or their predecessors in interest during the term which has diminished the rental value of the demised premises; (E) Landlord will not be providing any work allowance to Tenant shall each appoint for the build-out of the demised premises; (F) in the event the demised premises have been destroyed or damaged by fire or other casualty, they have been fully restored; (G) that the demised premises are to be let with vacant possession and subject to the provisions of this Lease for a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience year term; (H) market rents then being charged for comparable space in Santa ▇▇▇▇▇ County to appraise and determine other similar office buildings in the fair market monthly rental rate same area; (I) the Leased Premises, computation of the number of rentable square feet contained in their then existing condition for the use demised premises shall be based on the square footage specified in Section 1.01(b); (J) the Lease could Base Tax Year and the Base Operating Year shall be leased foras stated herein; and (K) a full brokerage commission shall be payable by Landlord to the extent a brokerage commission is required to be paid by Landlord pursuant to the terms of the separate agreement between Landlord and the brokers referred to in Section 24.01 of this Lease. In rendering such decision and award, the arbitrator shall not modify the provisions of this Lease.
(v) the decision and award of the arbitrator shall be in writing and be final and conclusive on all parties and counterpart copies thereof shall be delivered to each of said parties. Judgment may be had on the same terms decision and conditions award of the arbitrator so rendered in any court of competent jurisdiction.
(d) In the event that any payment of basic annual rent is due hereunder prior to the determination of the arbitrator, Tenant shall pay as the basic annual rent it is obligated to pay under this Lease the amount set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased PremisesFMR Notice. If the two appraisers are unable arbitrator determines that the basic annual rent payable pursuant to agree on this Article 44 is less than that set forth in the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointedFMR Notice, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, Tenant shall be added together then divided by two entitled to a credit in the amount of its overpayment for such period against subsequent payments of basic annual rent or additional rent due hereunder.
(2). The resulting rental amount e) Nothing contained in this Section 44.02 shall be defined as the. Then Monthly Market Rental Rate for deemed in any way to alter or modify the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month provisions of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermArticle 3 hereof.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant, so long as Tenant shall not be in default of any terms, covenants, payments or conditions of this Lease, the right and option to renew the Lease, for an additional term of five this Lease for one period of sixty (560) years months (the "Renewal Term") with the option ), commencing on upon the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1initial term of this Lease. The lease of the Leased Premises Lease for either of the Renewal Terms Term shall be on upon the same terms and conditions as set forth in during the Leaseprior term hereof, except:
A. That except that the rental for the Leased Premises Base Rental payable by Tenant during the Renewal Term shall be as set forth below the then market rent for similar buildings in Paragraph 3the Cypress Creek marketplace, and
B. That determined by mutual agreement of the Security Deposit shall be increased parties. Notwithstanding anything to the contrary herein, in no event shall the renewal rental amount determined rate be less than the Base Rent in Paragraph 3 {place for the "increased Security Deposit Amount").
2last year of the initial term. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease option for the Renewal Term only Term, if at all, by giving written notice to Landlord written notice not sooner than nine on or before twelve (912) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence initial term. Tenant may not exercise its option to Landlord). Any attempted exercise renew during any period in which Tenant is in default of this Lease, and upon any default hereunder by Tenant, Landlord may revoke any extension option of Tenant remaining hereunder. Failure of Tenant to duly and timely exercise its renewal options hereunder shall be conclusively deemed to constitute a waiver of all renewal rights of Tenant hereunder. Failure of Tenant to exercise any renewal option shall be deemed a waiver of Tenant's right to any further or future renewal options. The Renewal Option made other than within the time period stated or in the manner stated set forth herein shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint of an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board assignment or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed subletting by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermTenant.
Appears in 1 contract
OPTION TO RENEW. Subject to requirements for exercising same set forth in this Lease, Landlord hereby grants to Tenant the a one-tune option to renew the Lease, Lease for an one (1) additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on year term under the same terms and conditions as set forth in herein with substitution of certain provisions with those set forth on Exhibit H hereto and with the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be Basic Rent as set forth below in Paragraph 3, and
B. That on the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2Summary of Basic Lease Terms. Tenant shall notify Landlord of Tenant's exercise such option by giving written notice of its right election to renew the Lease for the Renewal Term only by giving to Landlord exercise; provided that (i) such written notice not sooner than nine (9) months election must be given on or before July 1, 2007, prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated then-existing Lease Term, and (ii) such written election shall be null and void and of no force or effect. In in the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend Tenant, at the term time of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County ▇▇▇▇’s receipt of same, is in default beyond any applicable cure period. If Tenant does not timely provide such notice in accordance with this Section 3.4, the option shall lapse and thereafter be null and void. Upon timely exercise of such notice, the Lease shall be deemed to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition be extended for the use specified in additional period at the Lease could be leased for, on the same Basic Rent as set forth herein and pursuant to all other terms and conditions set forth in the Lease. In the event of exercise of said option, any funds held by Landlord pursuant hereto shall continue to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal be so held subject to the Renewal Termterms and conditions relating to same. If either party does not appoint an appraiser within ten Within fifteen (1015) days after the other party has given notice ▇▇▇▇▇▇▇▇’s receipt of the name of its appraiserTenant’s exercise notice, the other party can then apply to the President of the Santa Landlord will request ▇▇▇▇▇▇▇ County Real Estate Board Construction, or the presiding Judge of the Superior Court of that County for the selection of such other general contractor as is acceptable to Landlord, to provide a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser good faith and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) reasonable estimate of the cost of appointing ▇▇▇▇▇▇’s Restoration Obligations at that tune based upon the third appraiser and then-existing condition of paying the third appraiser's feeDemised. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten Premises. On or before that date which is ninety (1090) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month commencement date of the Renewal Term and renewal term, Tenant must deliver to Landlord a letter of credit in the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month amount of the Renewal Term. In contractor’s estimate of the cost of Tenant’s Restoration Obligations but in no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be event less than $1,800,000.00 and in the Base Monthly Rent for form required by Section 3.4.1. If Tenant fails to timely provide such letter of credit in accordance with this Section 3.4, the first thirty (30) months of the Renewal Termoption shall lapse and thereafter be null and void.
Appears in 1 contract
Sources: Lease (Insmed Inc)
OPTION TO RENEW. Landlord hereby grants to 40.1 Provided this Lease is in full force and effect and there is no Event of Default under this Lease at the time of notification or commencement, Tenant the shall have one (1) option to renew (the Lease, “Renewal Option”) this Lease for an additional a term of five (5) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
40.1.1 If Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is two hundred seventy (270) days prior to the expiration of the Term of this Lease but no later than the date which is one hundred eighty (180) days prior to the expiration of the Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease.
40.1.2 The Annual Rent and Monthly Installment in effect at the expiration of the then current Term of this Lease shall be increased to reflect the Prevailing Market (as defined in Section 40.1.5) rate. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment for the Premises no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option under this Article 40. Said notification of the new Annual Rent may include a qualified tenant ready, willing and able provision for its escalation to lease the Leased Premises provide for a term equal to change in the Prevailing Market rate between the time of notification and the commencement of the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser Tenant and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers Landlord are unable to agree on a mutually acceptable rental rate not later than sixty (60) days prior to the Then Monthly Market Rental Rate expiration of the then current Term, then Landlord and Tenant shall each appoint a qualified MAI appraiser doing business in the area, in turn those two independent MAI appraisers shall appoint a third MAI appraiser and the majority shall decide upon the fair market rental for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each as of the parties expiration of the then current Term. Landlord and Tenant shall bear one-half equally share in the expense of this appraisal except that in the event the Annual Rent and Monthly Installment is found to be within six percent (1/26%) of the original rate quoted by Landlord, then Tenant shall bear the full cost of appointing all the third appraiser appraisal process.
40.1.3 This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee (except pursuant to a Permitted Transfer) have any rights to exercise the aforesaid option to renew.
40.1.4 If the Renewal Option is validly exercised or if Tenant fails to validly exercise the Renewal Option, Tenant shall have no further right to extend the term of paying this Lease.
40.1.5 For purposes of this Renewal Option, “Prevailing Market” shall mean the third appraiser's fee. Unless arms length fair market annual rental rate per rentable square foot under renewal leases and amendments entered into on or about the three appraisers are able date on which the Prevailing Market is being determined hereunder for space comparable to agree on the Then Monthly Market Rental Rate for Premises in the Leased Premises within ten (10) days after Building and buildings comparable to the selection or appointment Building in the South Orange County, California area as of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for date the Renewal Term be less than is to commence, taking into account the Base Monthly Rent paid during the final full month specific provisions of the initial this Lease Termwhich will remain constant. The Base Monthly Rent determination of Prevailing Market shall be adjusted at take into account any material economic differences between the end terms of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the denominator manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of which Prevailing Market shall be also take into consideration any reasonably anticipated changes in the Consumer Price Index published immediately prior to Prevailing Market rate from the first (1st) month of time such Prevailing Market rate is being determined and the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termtime such Prevailing Market rate will become effective under this Lease.
Appears in 1 contract
OPTION TO RENEW. Landlord Paragraph 42 of the Original Lease and Section 7 of the First Amendment are hereby grants deleted in their entirety. Upon the conditions that (i) no Default is continuing under the Lease, as hereby amended, at the time of exercise or at the commencement of the option term, and (ii) the Original Tenant (and/or any Affiliates of the Original Tenant that are occupying the Premises as subtenants of the Original Tenant) continues to physically occupy the entire Premises, then Tenant shall have the option to renew extend the Lease, Term of the Lease for an all space then under lease to Tenant in the Building for one (1) additional term period of five seven (57) years (the "Renewal “Extension Term"”) with following the option commencing on the expiration of the Lease Initial Expiration Date (the "First Renewal Commencement Date") and ending five (5) years thereafter “Extension Option”), by giving written notice (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving “Exercise Notice”) to Landlord written notice not sooner than nine irrevocably exercising the Extension Option at least eighteen (918) months prior to the Renewal Commencement Date and not later than six (6) months prior expiration of the Term of the Lease. Paragraph 43 of the Original Lease shall apply with respect to the Renewal Commencement Date (time is expressly Extension Term, except as follows:
8.1. The introductory grammatical paragraph of Paragraph 43 of the essence Original Lease is hereby deleted in its entirety and replaced with the following; “The initial Monthly Base Rent during the Extension Term shall be the Fair Market Rental Value for the Premises as of the commencement of the Extension Term, as determined below:”
8.2. All references in Paragraph 43 of the Original Lease to Landlord)“the Expiration Date” shall be deemed to be references to the Extended Expiration Date of February 28, 2021, and all references in Paragraph 43 of the Original Lease to “the Lease Term” shall be deemed to be references to the Term of the Lease, as extended by this Second Amendment.
8.3. Any attempted exercise Notwithstanding anything contained in the Lease to the contrary, for purposes of this Option made other than within the Extension Option, Fair Market Rent will be determined without regard for the Monthly Base Rent being paid by Tenant pursuant to the Lease, as hereby amended, at the time period stated or in the manner stated shall Extension Option is exercised, and may be void and lower than the Monthly Base Rent being paid by Tenant during the last month of no force or effectthe Initial Term. In addition, all references to the event “Mid- Peninsula area” are hereby deleted and replaced with references to the “Sunnyvale/Mountain View/Santa ▇▇▇▇▇ submarkets”.
8.4. Paragraph 43(f) of the Original Lease is hereby deleted in its entirety. From and after the commencement of the Extension Term, all of the other terms, covenants and conditions of the Lease, as hereby amended, shall also apply; provided, however, that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term Term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 1 contract
Sources: Lease Agreement (Broadcom Corp)
OPTION TO RENEW. Landlord hereby grants to Provided this Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of this Lease at the time of notification or commencement, Tenant shall have one (1) option to renew (the Lease, “Renewal Option”) this Lease for an additional a term of five three (53) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
40.1 If Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is two hundred seventy (270) days prior to the expiration of the Term of this Lease but no later than the date which is one hundred eighty (180) days prior to the expiration of the Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease.
40.2 The Annual Rent and Monthly Installment of Rent in effect at the expiration of the Term of this Lease shall be adjusted to reflect the Prevailing Market (defined below) rate. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Rent for the Premises no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option under this Article 40. Said notification of the new Annual Rent and Monthly Installment of Rent may include a qualified tenant ready, willing and able provision for its escalation to lease the Leased Premises provide for a term equal to change in fair market rental between the time of notification and the commencement of the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply Notwithstanding anything to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointedcontrary set forth herein, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In in no event, however, event shall the resulting Then Annual Rent and Monthly Market Rental Rate Installment of Rent for the Renewal Term be less than the Base Annual Rent and Monthly Installment of Rent paid during in the final full month preceding period.
40.3 This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid option to renew.
40.4 If the Renewal Option is validly exercised or if Tenant fails to validly exercise the Renewal Option, Tenant shall have no further right to extend the term of this Lease.
40.5 For purposes of this Renewal Option, “Prevailing Market” shall mean the arms length fair market annual rental rate per rentable square foot under renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the same rental market in the ▇▇▇▇▇▇▇ County, Kansas area as of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of date the Renewal Term by multiplying is to commence, taking into account the Base Monthly Rent specific provisions of this Lease which will remain constant. The determination of Prevailing Market shall take into account any material economic differences between the terms of this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the thirtieth (30th) month times a fraction Prevailing Market rate from the numerator of which shall be time such Prevailing Market rate is being determined and the Consumer Price Index published immediately prior time such Prevailing Market rate will become effective under this Lease.
40.6 Notwithstanding anything herein to the period including contrary, the thirtieth Renewal Option is subject and subordinate to the expansion rights (30thwhether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) month of any tenant of the Renewal Term and Building existing on the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termdate hereof.
Appears in 1 contract
Sources: Commencement Date Memorandum (TVAX Biomedical, Inc.)
OPTION TO RENEW. Landlord hereby grants 25.2.1 The Tenant, provided it has duly and punctually paid the Rent due hereunder and duly and punctually observed all of the covenants and terms of this Lease and provided it is not in default hereunder shall have the option of renewing this Lease for one further term of [_3_] years, all terms of the renewal lease to Tenant be the same as this Lease with the exception of this option to renew the Leasewhich shall be deleted, for an additional term of five (5) years (the "Renewal Term") and with the further exception of the amount of Minimum Rent to be paid which shall be determined by agreement of the Landlord and Tenant subject to the provisions of Section 25.2.2, but in no case shall Minimum Rent for the renewal term be less than the Minimum Rent for the last year of the immediately proceeding term.. This option commencing on to renew shall be exercised by the Tenant serving written notice exercising the option upon the Landlord in the manner for serving written notice provided in this Lease. Notice of intention to exercise such option shall be given by the Tenant to the Landlord not less than nine months and not more than 12 months prior to the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date")term hereunder.
1. The lease 25.2.2 Should the Tenant serve written notice exercising the option in the previous sub-clause, the Landlord and Tenant shall negotiate with the aim of the Leased Premises for either of the Renewal Terms shall be agreeing on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises amount of Minimum Rent to be paid during the Renewal Term shall renewal lease. Should the Landlord and Tenant be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased unable to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
reach an agreement within two (2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly commencement of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Leaseextended term, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Minimum Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in arbitration under the event such agreement cannot be made within ten (10) days from provisions of the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the Commercial Arbitration Act of British Columbia based on fair market monthly rental rate the Leased Premises, in their then existing condition Minimum Rent payable for the renewal lease, for improved premises of similar quality, size, use specified and location within the Sunshine Coast Regional District or comparable area, British Columbia, but in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County no case shall Minimum Rent for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term renewal term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Minimum Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months year of the Renewal Termimmediately preceding term.
Appears in 1 contract
Sources: Lease Agreement
OPTION TO RENEW. Landlord hereby grants to Tenant the Lessee shall have one (1) option to renew the Lease, for an additional term of five (5) years (the "Renewal TermOption") with to extend the option commencing on Term of this Lease until June 14, 2008 upon the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions stated herein, except as set forth in the Leaseto rental. To exercise such Option, except:
A. That the rental for the Leased Premises during the Renewal Term Lessee shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord provide written notice not sooner of such intent to Lessor no earlier than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence initial Term of the Lease. Such notice shall be sent, if at all, via certified mail, return receipt requested, to Landlord). Any attempted exercise Lessor at the address at Paragraph 11 of this Lease. The right of Lessee to renew this Lease pursuant to the Option made other than within the time period stated or in the manner stated shall be void contingent upon Lessee's substantial compliance with the terms of this Lease, in their entirety, and the compliance by Lessee with the procedures set forth in this section. Rental for the Option term shall be determined as follows: the parties shall mutually select an MAI appraiser who shall set the fair market rental value. The cost of such appraiser shall be shared equally by the parties. In no force or effectevent shall the provisions of this paragraph operate to decrease the monthly rental for the Premises below the base monthly rental for the initial Term. The base rental shall be increased for the Option period as of the first day of the first month of such extended Term. In the event that Tenant does Lessor and Lessee are not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third an appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, their differences shall be added together then divided resolved by two (2)arbitration in accordance with the provisions of Paragraph 7. The resulting If for any reason the base rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately is not determined prior to the first (1st) month day of the Renewal Option Term, Lessee shall continue to make the same rental payment as applied to the initial Term until the new base rental is determined, at which time, Lessee shall pay Lessor the difference between the two base rental amounts plus nine percent (9%) interest thereon. In no eventAs used herein, however, shall the Base Monthly Rent fair market rental value of the Premises is defined as the amount of base monthly rental (payable on an equal monthly payment basis) which a willing and fully informed tenant would pay and which a willing and fully informed landlord would accept for rental of the Premises for the last thirty (30) months Option period as of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months day of the Renewal TermOption term. The Option to renew granted under this Lease is personal to Lessee and may not, under any circumstances, be assigned to any other party.
Appears in 1 contract
Sources: Lease (Portland Brewing Co /Or/)
OPTION TO RENEW. Landlord hereby grants to (a) Tenant shall, provided the Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of the Lease beyond any applicable cure period at the time of notification or commencement, have 1 option to renew (the Lease, “Renewal Option”) the Lease for an additional a term of five (5) 3 years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth below:
(b) If Tenant elects to a qualified tenant readyexercise the Renewal Option, willing and able then Tenant shall provide Landlord with written notice no earlier than the date which is 365 days prior to lease the Leased Premises expiration of the Term of the Lease but no later than the date which is 270 days prior to the expiration of the Term of the Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of the Lease.
(c) The Base Rent for a term the first year of the Renewal Term (the “Initial Renewal Term Base Rent”) shall be equal to the Renewal Term. If either party does not appoint an appraiser within ten greater of (10a) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid in effect during the final full last month of the initial Lease TermTerm (the “MINIMUM RENEWAL BASE RENT”), and (b) the Prevailing Market (defined below) rate per rentable square foot for the Premises. The Landlord shall advise Tenant of the Initial Renewal Term Base Monthly Rent no later than 30 days after receipt of Tenant’s written request therefor. Said request shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately made no earlier than 30 days prior to the first (1st) month date on which Tenant may exercise its Renewal Option under this Section. Said notification of the Initial Renewal Term Base Rent may include a provision for its escalation to provide for a change in fair market rental between the time of notification and the commencement of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either The Initial Renewal Term Base Rent as so determined shall be less than subject to annual adjustments in accordance with increases assumed in the Base Monthly Rent for determination of the first thirty Prevailing Market rate.
(30d) months Within 15 days after the date on which Landlord advises Tenant of the Renewal Initial Term Base Rent rate for the Renewal Term, Tenant shall either (i) give Landlord final binding written notice (“Binding Notice”) of Tenant’s exercise of its Renewal Option, or (ii) if Tenant disagrees with Landlord’s determination, provide Landlord with written notice of rejection (the “Rejection Notice”). If Tenant fails to provide Landlord with either a Binding Notice or Rejection Notice within such 15 day period, Tenant’s Renewal Option shall be null and void and of no further force and effect. If Tenant provides Landlord with a Binding Notice, Landlord and Tenant shall enter into the Renewal Amendment (as defined below) upon the terms and conditions set forth herein. If Tenant provides Landlord with a Rejection Notice, Landlord and Tenant shall work together in good faith to agree upon the Prevailing Market rate for the Premises during the Renewal Term. Upon agreement, Landlord and Tenant shall enter into the Renewal Amendment in accordance with the terms and conditions hereof. Notwithstanding the foregoing, if Landlord and Tenant fail to agree upon the Prevailing Market rate within 30 days after the date Tenant provides Landlord with the Rejection Notice, Tenant, by written notice to Landlord (the “Arbitration Notice”) within 5 days after the expiration of such 30 day period, shall have the right to have the Prevailing Market rate determined in accordance with the arbitration procedures described in Section (e) below. If Landlord and Tenant fail to agree upon the Prevailing Market rate within the 30 day period described and Tenant fails to timely exercise its right to arbitrate, Tenant’s Renewal Option shall be deemed to be null and void and of no further force and effect.
Appears in 1 contract
Sources: Office Lease (Cepheid)
OPTION TO RENEW. (a) The Landlord hereby grants to shall, on the written request of the Tenant made not later than 6 months before the option to renew date of expiration of the Lease, for an additional term of five (5) this tenancy and provided that there shall at that time be no outstanding or existing breach of any of the agreements, stipulations or conditions herein contained and on the part of the Tenant to be observed and performed, grant to the Tenant a renewal of this Agreement for a further term of two years from the expiry date at the new rent (the "Renewal TermNew Rent") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall to be on determined as provided hereinbelow but otherwise subject to the same terms and conditions as set forth are herein contained with the exception of the Special Conditions (1) and (2) in this Schedule hereto. The written request of renewal of tenancy, once given by the Tenant, shall be irrevocable. The Tenant shall upon the expiry of the term hereof pay to the Landlord such sum (if any) as shall make up the deposit paid by the Tenant under Clause (1) of Section (X) hereto to the aggregate if 3 months' revised rent and management fees and air-conditioning charges then payable in respect of the said premises.
(b) The New Rent payable to this tenancy shall be reviewed by reference to the then fair market rent. The New Rent shall be assessed and notified by the Landlord to the Tenant and shall be agreed by the Landlord and the Tenant at least 3 months before the New Rent shall become payable. Failure on the part of the Tenant for whatever reason to respond to the Landlord's notice of assessment of the Ne Rent within 14 days of the Landlord's notice shall be deemed absolute acceptance on the part of the Tenant of the Landlord's assessment.
(c) In default of agreement of the New Rent before expiration of said 3 months' period, either party shall refer the disagreement to an independent professional valuer or firm of professional valuers to be appointed jointly by the parties hereto in writing or in default of such agreement, the President for the time being of the Hong Kong Institute of Surveyors to appoint such professional valuer who shall act as an expert and not as an arbitrator and whose decision shall be final and binding on the parties hereto and shall take into account the fair market rent for prime office accommodation in the Lease, exceptCentral District of Hong Kong obtainable at the time of such determination on the following assumptions at that date:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) that the Base Monthly Rent being paid by Tenant to Landlord said premises are fit for immediate occupation and use and that no work has been carried out thereon during the final full month term by the Tenant or its successors in title which has diminished the rental value of the final year of said premises and in the initial Lease Term, case where the said premises have been destroyed or damaged that they have been fully restored;
(ii) that the Then Market Rental Rate said premises or for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, similar premises in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord Building in a similar development having similar characteristics and Tenant shall each appoint attributes are available to let by a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, willing landlord to a qualified willing tenant ready, willing without a premium but with vacant possession and able subject to lease the Leased Premises provisions of this Agreement for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten original term of this Agreement; and
(10iii) days after that the other party has given notice covenants herein contained on the part of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser Tenant have been fully performed and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.observed but disregarding:
Appears in 1 contract
Sources: Office Lease (Titanium Group LTD)
OPTION TO RENEW. Landlord hereby grants to (a) Provided that this Lease shall be in full force and effect, Tenant the option to renew is not then and has not been in default of the Lease, and Tenant is occupying one hundred percent (100%) of the Demised Premises, Tenant shall have the right, to extend the Lease for an two (2) additional term periods of five (5) years each (each such additional period being herein referred to as the "Renewal Term") with extension term" if exercised, and included in the option commencing on the expiration definition of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date"Term).
1. The lease of the Leased Premises for either of the Renewal Terms Each extension term shall be on the same terms terms, covenants and conditions as set forth in herein with respect to the original term of this Lease, except:except that (a) the Base Annual Rent payable during each extension term shall be at 100% of the then prevailing market rent, as determined by mutual agreement, but not less than rent paid during the last Lease Year of the initial term, and (b) Tenant shall retain possession of the Demised Premises in its "as-is" condition.
A. That (b) In the rental event Tenant shall wish to exercise the option to extend, it shall request in writing ("Initial Term Renewal Request") from Landlord, a quote of the Base Annual Rent for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice extension term not sooner less than nine twelve (912) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence initial Term of the Lease. Within ten (10) days after such Initial Term Renewal Request, Landlord shall give Tenant written notice of such quote. Tenant shall then have ten (10) days after the date of Landlord's notice in which to Landlord). Any attempted exercise of this Option made other than within such extension option by written notice to Landlord accepting the time period stated Base Annual Rent quoted by Landlord or stating that Tenant is exercising the extension option and wishes to have the Base Annual Rent for the extension term determined by the MAI Appraiser Process described in the manner stated shall be void and of no force or effectsubsection (c) below. In the event that Tenant does not exercise the option or is provide Landlord with a written response within said ten (10) day period the extension option shall terminate immediately and Landlord shall be relieved of any and all liability created by the grant of such option. The option to extend granted hereby may not entitled to exercise its option Tenant shall have no further rights hereunderbe assigned or transferred by Tenant.
3. (c) If Landlord and Tenant are unable to mutually agree on the market rent within thirty (30) days after Tenant exercises it option to extend, then the Base Annual Rent for the extension Term shall have properly be determined by the MAI Appraisal Process, and timely exercised its right to extend the term fair market rent for the first lease year of the Lease, the extension term of tl3e Lease shall be so extended independently determined by two (2) disinterested real estate appraisers, one (1) of whom shall be named by Landlord and one (1) by Tenant. Said appraisers shall each be practicing appraisers in Montgomery County, Maryland spe▇▇▇▇▇▇▇▇▇ in the field of commercial real estate, having no less than ten (10) years experience in such field, recognized as ethical and reputable within their field, and certified as MAI or an equivalent professional certification if MAI no longer exists. Landlord and Tenant agree to make their appointments promptly within five (5) days after Landlord's receipt of Tenant's notice to extend, or sooner if mutually agreed upon. Within ten (10) days after both such appraisers have been appointed, each appraiser shall submit his or her determination of said fair market rent. The Base Annual Rent for the Renewal Term on first lease year of the same terms and conditions contained in extension term shall be the Leaseaverage of the two (2) determinations; provided, however, the Base Monthly Rent for each month that if two of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement canappraisers are not be made within ten percent (10%) days from of each other, then the date Tenant two (2) appraisers shall have exercised this option, Landlord and Tenant shall each appoint select a real estate third appraiser with at least the qualifications described above within five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine days after submitting their determinations of the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Termrent. If either party does not appoint an appraiser within Within ten (10) days after the other party has given notice third appraiser is selected, such appraiser shall submit his or her determination of said fair market rent. In such event, the Base Annual Rent for the first lease year of the name extension term shall be the average of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's feedetermination and the determination of the other two (2) appraisers which is closest to the third appraiser's determination. Unless However, the three appraisers are able Base Annual Rent shall not be less than rent paid during the last Lease Year of the initial term of the Lease Agreement. In arriving at their individual rate determinations, each appraiser shall consider and analyze all the components of the Lease and apply them to agree on current market factors. Landlord and Tenant shall pay the Then Monthly Market Rental Rate for fee of the Leased Premises within ten (10) days after appraiser selected by it and if a third appraiser is used, they shall equally share the selection or appointment payment of the fee of the third appraiser. Notwithstanding the foregoing, Landlord and Tenant may at any time after appointing the appraisers, agree upon the Base Annual Rent payable during the first lease year of the extension term and such mutual agreement shall supersede the appraisers' determinations.
(d) At the commencement of each of the second and each subsequent lease year of the extension term, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Annual Rent shall be adjusted at in the end manner described in Section 4(b) of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termthis Lease.
Appears in 1 contract
Sources: Office Building Lease (Pc Tel Inc)
OPTION TO RENEW. Landlord hereby grants to Upon expiration of the term, provided that Tenant is not then in default beyond the option to renew expiration of any applicable grace and cure period after notice, Tenant may extend the Lease, term of this Lease for an additional term of five (5) years (the "Renewal First Extended Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending Tenant may extend the term of this Lease for an additional term consisting of five (5) years thereafter (the Second Extended Term), upon the expiration of the First Extended Term, provided that Tenant has exercised its option for the First Extended Term and is not then in default beyond the expiration of any applicable grace and cure period after notice. The base annual rent for the First Extended Term shall be the fair market rent for the Premises (the "First Renewal Expiration FMR") on the date which is nine years, thirty days after the Commencement Date (the "Rent Appraisal Date").
1, and (ii) in addition to the payment of Base Annual rent, Tenant shall during the First Extended Term pay to Landlord for the use of the fitness center a reasonable price or fee which the Landlord may then be charging to Tenant and the other tenants in the Building on a prorata basis (based upon the rentable square feet of the Premises in relation to the rentable square feet of all of Domino's Farms), which amount shall be payable in equal monthly installments on each Rent Day; provided, however that Tenant shall not be obligated to pay such price or fee at such times as Tenant provides Landlord with written notice that it elects not to use such fitness center during the First or Second Extended Term. The Tenant shall exercise the option for the First Extended Term by notifying the Landlord in writing at least 360 days before the initial Term expires. Upon such exercise this Lease shall be deemed to be extended without the execution of any further lease or other instrument, except for any instrument that may be prepared by Landlord to confirm the agreement of the Leased Premises for either of the Renewal Terms parties, which Tenant agrees to execute and deliver to Landlord promptly on request. Time shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence with respect to Landlord). Any attempted the exercise of this Option made other than within the time period stated or in the manner stated such option by Tenant. The FMR shall be void determined by the mutual written agreement of Landlord and of no force or effectTenant. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least not have reached mutual agreement as to the FMR on or before the sixtieth (60th) day following the Rent Appraisal Date, but Landlord's determination of the FMR is less than five percent (5%) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice greater than Tenant's determination of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten FMR (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, respective determinations shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted based on blind written bids submitted at the end of the thirtieth sixty (30th60) month day period by each of Landlord and Tenant to the other), the FMR will be the average of Landlord's and Tenant's respective determinations. In the event that Landlord and Tenant shall not have reached mutual agreement as to the FMR on or before the sixtieth (60th) day following the Rent Appraisal Date and Landlord's determination of the Renewal Term FMR is more than five percent (5%) greater than Tenant's determination of the FMR, then Landlord and Tenant each shall, no later than the seventy-fifth (75th) day following the Rent Appraisal Date, select a Real Estate Appraiser, as hereinafter defined. If either party shall fail to so appoint a Real Estate Appraiser, the one Real Estate Appraiser so appointed shall proceed to determine the FMR. In the event that the Real Estate Appraisers selected by multiplying Landlord and Tenant agrees as to the Base Monthly FMR, said determination shall be binding on Landlord and Tenant. In the event that the Real Estate Appraisers selected by Landlord and Tenant cannot agree as to the FMR, on or before the one hundred fifth (105th) day following the Rent for Appraisal Date, then said Real Estate Appraisers shall each designate his or her calculation of FMR and shall jointly select a third Real Estate Appraiser, provided that if they cannot agree on the thirtieth third Real Estate Appraiser on or before the one hundred twentieth (30th120th) month times a fraction day following the numerator Rent Appraisal Date, then said third Real Estate Appraiser shall be selected by the President of which the American Arbitration Association of Southfield, Michigan (or any successor thereto). The third Real Estate appraiser shall designate his or her calculation of FMR no later than the one hundred fiftieth (150th) day following the Rent Appraiser Date and the average of the three FMR's designated by the three Real Estate Appraisers shall be the Consumer Price Index published immediately prior to FMR as determined hereunder, except that for the period including purpose of such averaging each and every designated FMR which varies by more than ten percent (10%) from the thirtieth (30th) month amount which is the average of the Renewal Term and the denominator of which other two (2) designated FMR's shall be the Consumer Price Index published immediately prior to the first ignored (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.it
Appears in 1 contract
Sources: Lease Agreement (Dominos Inc)
OPTION TO RENEW. Landlord hereby grants to Provided that the Tenant is not in material default under the terms of the Lease as of the Option Notice Delivery Date (as defined below) and commencement of the Renewal Term, the Tenant will have the option to renew the Lease, Lease specified above on the terms and conditions of the Lease (the “Option”) as set forth below:
a) The Tenant will have one (1) Option to extend the Lease for an additional a term of five (5) years (years, provided that if the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending Tenant elects to exercise said Option, it will be for a full five (5) years thereafter (year term. Said Option granted hereby may be exercised by the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased Tenant by written notice to the rental amount determined Landlord, given in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew accordance with the Lease for the Renewal Term only by giving to Landlord written notice provision, not sooner more than twelve (12) months nor less than nine (9) months prior to the expiration of the preceding Lease Term.
b) The Base Rent during any Renewal Commencement Date Term will be the prevailing market base rent, taking into consideration leases within the Building and not later than six (6) months prior properties similar to the Renewal Commencement Date (time is expressly Building with respect to age, quality of the essence to Landlord). Any attempted exercise tenants, visibility, general traffic counts, quality of this Option made construction and other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Leaseappropriate characteristics, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between the Landlord and the Tenant or, in the event such agreement cannot be made within ten sixty (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (1060) days after the other party has given notice submission of the name Tenant’s notice to exercise the Option to the Landlord (“Option Notice Delivery Date”).
c) Concurrently with the submission of its appraiserthe Tenant’s notice to exercise the Option, the other party can then apply Tenant will submit the Tenant’s current audited financial statements. The exercise of said Option will be subject to the President Landlord’s satisfactory review of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party Tenant’s current financial statements, which consent shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall not be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termunreasonably withheld.
Appears in 1 contract
Sources: Office Lease (M Wave Inc)
OPTION TO RENEW. Landlord hereby grants Provided that Tenant is not in default under this Lease after the lapse of any applicable cure periods, and provided further that Tenant is in full occupancy of the Premises, Tenant shall have two (2) successive options (each a “Renewal Option”) to Tenant extend the option to renew Term of this Lease for the Lease, Premises for an additional term a period of five (5) years from the Expiration Date (the "“Renewal Option Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date"”).
1. The lease of the Leased Premises for either of the Renewal Terms Options shall be on all of the same terms and conditions as set forth in the of this Lease, except:
A. That the rental for the Leased Premises during except as otherwise expressly provided below. Tenant may exercise the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased Option by delivering written notice to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise its intention to so extend the Term of its right to renew the this Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later no earlier than six (6) months prior to the Renewal Commencement Date (time is expressly end of the essence Term and no later than three (3) months prior to Landlordthe end of the Term (“Renewal Option Exercise Period”). Any attempted The monthly Base Rent payable during the Renewal Option Term shall be equal to an amount agreed upon by Landlord and Tenant during the Renewal Option Exercise Period prior to Tenant’s exercise of this the Renewal Option. If Landlord and Tenant cannot agree to the monthly Base Rent payable during the Renewal Option made other than within Term, the time period stated or monthly Base Rent payable shall be equal to one hundred three percent (103%) of the last month’s monthly Base Rent for the Term. For each lease year after the first lease year of each Renewal Option, Base Rent will increase based on increases in the manner stated shall be void and of no force or effect. In CPI for San Diego County for the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend prior calendar year with the term first lease year of the Lease, applicable Renewal Option being the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Leasebase year; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the no event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term increase be less than the Base Monthly Rent paid during the final full month of the initial Lease Termone percent (1%) or more than six percent (6%) each year. The Base Monthly Rent Landlord shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.update Paragraph 6.1
Appears in 1 contract
Sources: Commercial Lease (Body & Mind Inc.)
OPTION TO RENEW. Landlord hereby grants to 6.1.1 Tenant has the option to renew the Leasethis Lease for up to two (2) additional terms, for an additional term each of five sixty (560) years (the "Renewal Term") with the option months, commencing on the day following expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2preceding Term. Tenant shall notify Landlord exercise the Option to Renew by providing a written notice of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner no less than nine two hundred seventy (9270) months days prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly end of the essence to Landlord). Any attempted exercise then current term of this Option made other than within Lease and as provided more specifically below. Notwithstanding the time period stated or in the manner stated shall be void and foregoing, if Tenant fails to give any such notice of no force or effect. In the event that Tenant does not or is not entitled to exercise its extension, Tenant’s option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms continue unless and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: until (i) the Base Monthly Rent being paid by Landlord gives Tenant written notice of Tenant’s failure to Landlord during the final full month of the final year of the initial Lease Term, or exercise such option and (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Tenant fails to give Landlord and Tenant or, in the event written notice of its intent to exercise such agreement cannot be made option within ten (10) business days of receipt of such notice from Landlord. All of the date Tenant terms and conditions of this Lease will remain the same during such renewal term except for the Base Rent which shall have exercised this optionbe the fair market rental value of the Premises as of the commencement of the renewal term; fair market rental value of the Premises shall be the amount of rent which a well-informed tenant, Landlord willing, but not obliged to lease the property, would pay, and Tenant which a well-informed landlord, willing, but not obligated to lease, would accept, taking into consideration all uses to which the property is adapted and might in reason be applied, the then market terms being offered in the South Lake Union area of Seattle for space reasonably comparable to the Premises in size, location, parking availability and quality (but excluding all Leasehold Improvements (defined below)). ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 10 FEBRUARY 29, 2008
6.1.2 If, after bargaining in good faith for no less than thirty (30) days, either party determines, by written notice to the other party, that the parties cannot agree on the amount of the then fair market rental value of the Premises, then the fair market rental value shall each appoint be established by binding arbitration with a single arbitrator in accordance with the following procedures. The arbitrator shall be an MAI real estate appraiser with at least five ten (510) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified appraising commercial real property in the Lease could be leased for, on Seattle metropolitan area (“Arbitrator”) selected jointly by the same terms and conditions set forth in parties; if the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal parties do not agree as to the Renewal Term. If identity of the Arbitrator within twenty (20) days after the end of the thirty (30) day bargaining period, the then Presiding Judge of the Superior Court for King County, upon an appropriate request which either party does not may make, shall appoint an appraiser within the Arbitrator. Within ten (10) days after of the appointment of the Arbitrator, the parties each shall submit in writing to Arbitrator the amount which they propose be established as the Base Rent at the commencement of such renewal term (“Submissions”); such Submissions shall not be disclosed to the parties by Arbitrator until the Arbitrator has received both parties’ Submission. Each party may include in such Submissions any information which such party deems relevant or helpful to the Arbitrator in determining the fair market rental value of the Premises including costs or benefits which such party or the other party has given notice would enjoy in the event of a renewal of the name lease or amenities and advantages of its appraiserthe Premises and Property not likely to be available to a party in another location. Arbitrator shall study such evidence and information in determining such Base Rent; provided that the Arbitrator’s determination of the amount of such Base Rent shall be confined and strictly limited to selection, as the more reasonable approximation of the fair market rental value of the Premises, of the amount stated in the Submission of Tenant or the Submission of Landlord, and Arbitrator may not select or declare any third number to be such Base Rent. Except as to the Parties’ Submissions, any other communication by a party to Arbitrator shall be in writing with a copy to the other party can then apply to the President party. Upon completion of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge his investigation of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten such Base Rent, Arbitrator shall, no later than thirty (1030) days after delivery of the second appraiser Submissions, report in writing to each of the parties which party’s Submission has been selected or appointed, then by him as the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each more reasonable approximation of the parties shall bear one-half (1/2) fair market rental value of the cost Premises without requirement of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection further substantiation or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premisesinformation. In no event, however, shall event may the resulting Then Monthly Market Rental Rate for the Renewal Term new Base Rent be less than the average Base Monthly Rent paid payable during the final full month last year of the initial preceding term. Each party shall pay its own costs of arbitration and one-half of the Arbitrator’s fee.
6.1.3 In the event of any renewal, Landlord shall have no obligation to make any improvements to the Premises, to provide to Tenant any funds for any improvement, pay or make any other concessions or to pay any commission to Tenant’s broker. After the exercise of the option to extend, all references in this Lease Term. The Base Monthly Rent to the Term shall ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 11 FEBRUARY 29, 2008 be adjusted at considered to mean the Term as extended, and all references to the Termination Date or to the end of the thirtieth (30th) month Term shall be considered to mean the Term as extended.
6.1.4 Tenant’s right to exercise the options to renew is subject to the following conditions precedent:
6.1.4.1 The Lease must be in effect at the time the notice of exercise is given and on the last day of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published term immediately prior to the period including the thirtieth (30th) month preceding commencement of the Renewal Term renewal term.
6.1.4.2 Tenant may not be in default beyond applicable notice and cure periods under any provision of this Lease at the time notice of exercise is given. At least two hundred seventy (270) days before the last day of such term, Tenant shall, in writing, have given Landlord notice irrevocably and unconditionally exercising the option (subject to such shorter time period as applicable pursuant to Section 6.1.1 above). Each party shall, at the request of the other, endorse on the original lease that party’s signature or signatures, and date the option was exercised, and the denominator of which shall be words “Option Exercised”. Alternatively, each party shall, at the Consumer Price Index published immediately prior to the first (1st) month request of the Renewal Term. In no eventother, howeverexecute a memorandum, shall in recordable form, acknowledging the Base Monthly Rent for fact that the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termoption has been exercised.
Appears in 1 contract
OPTION TO RENEW. Tenant may, at its option, renew this Lease for two (2) consecutive additional 5-year periods by giving not less than one (1) year's written notice to Landlord hereby grants prior to Tenant the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") original term and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease first option term; provided, that Tenant shall not be in default of any of the Leased Premises for either terms and conditions to be kept, observed and performed hereunder at the exercise of each option or at the commencement of each new term. For purposes hereof, any Expansion Space shall constitute a portion of the Renewal Terms Premises and be included in the option term(s). Upon the exercise of each option, this Lease shall be on continue for the extended period of time, upon the same terms and conditions as in this Lease set forth in forth, with the Leaseexception of this paragraph, except:
A. That the rental for the Leased Premises during the Renewal Term shall be and at a Market Rate Rent (as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlordhereinafter defined). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the The Monthly Base Monthly Rent for each month option term shall be 1/12th of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater ofproduct obtained by multiplying: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month square feet of rentable area of the final year of the initial Lease Term, or Premises by (ii) the Then annual per square foot Market Rental Rate Rent, as adjusted pursuant to the terms of this Lease. Market rate is defined for any option term as the Lease Premises.
4bona fide annual rent per square foot of net rentable area being offered by Landlord to prospective tenants (excluding existing tenants under renewal options) for a lease term commencing on or after the date rent is to begin for an option period for comparable office area in the Building reduced by the amount, if any, by which operating expenses including in such annual rental exceed the base Operating Expenses under this lease. The term "Then Monthly Market Rental Rate" One-twelfth of the amount so calculated multiplied by the rentable area of the space, shall be determined by mutual agreement between the Monthly Base Rent applicable to such space for each option period. Landlord and shall notify Tenant or45 days prior to the date rental is to begin for each option period of the Market Rate applicable to the Premises. If, within 15 days after receipt of such notice, Tenant fails to notify Landlord, in writing, of Tenant's objections to the Market Rate submitted by Landlord, Tenant shall be deemed to have accepted such Market Rate. If, within said 15-day period, Tenant notifies Landlord of its objections to the proposed Market Rate, the parties agree to negotiate in good faith their differences within 30 days immediately following Tenant's notice of objections to the Market Rate and, failing agreement within said period of time, the matter shall be submitted for appraisal in a manner hereinafter provided. In the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this optionparties fail to agree upon a Market Rate, Landlord and Tenant shall shall, within 10 days after the expiration of said 30-day period for negotiation, each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after who is a member of the American Institute of Real Estate Appraisers or if it shall not be in existence, a member of the most nearly comparable organization, and each party shall notify the other party has given notice as to the name and address of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's feeselected. The two appraisers shall shall, during the next 15 days, meet and attempt to establish agree on the Then Monthly Market Rental Rate within the definition set forth herein. In determining Market Rate, the appraiser shall use, as a basis for confirming whether Landlord's offer is bona fide, the Leased Premisesactual leases made by Landlord for comparable space in the Building for a lease term commencing within the 6-month period immediately preceding or at any date after the date of the commencement of rent for each option term. If, upon the expiration of said 15-day period, the appraisers fail to agree on a Market Rate, they shall select a third appraiser, also a member of the American Institute of Real Estate Appraisers, and shall notify Landlord and Tenant of such appraisers, name and selection. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow party, by given 5 days' written notice to the above procedure for having an appraiser appointed by other, may apply to the Real Estate Board or a judiciary. Each then president of the parties shall bear one-half (1/2) Chicago Bar Association for the selection of the cost of appointing the a third appraiser and of paying who meets the third appraiser's feequalifications stated hereinabove. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) Within 15 days after the selection or appointment of the a third appraiser, a majority of the two appraisal amounts being calculated most closely togetherappraisers shall set the Market Rate. If a majority of the appraisers are unable to set the Market Rate within the stipulated period of time, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, three appraisers' decision on Market Rate shall in each instance be added together then and their total divided by two (2). The three with the resulting rental amount shall be defined as the. Then Monthly quotient constituting the Market Rental Rate for the Leased PremisesRate. In no eventthe event the parties hereto fail to agree upon the Market Rate hereunder, howeverand until the Market Rate is determined in the manner provided herein, Tenant agrees to pay Temporary Market Rate Rent until the parties agree on a Market Rate. Upon determination of the Market Rate, the Landlord shall, within 10 days of such determination, refund to the Tenant or the Tenant shall, within 10 days of such a determination, pay to Landlord the difference between the Temporary Market Rate Rent paid by Tenant the finally determined Market Rate. Notwithstanding anything to the contrary contained herein, the Market Rate Rent for any option period shall the resulting Then Monthly Market Rental Rate for the Renewal Term never be less than the Base then Adjusted Monthly Rent paid during Rental under this Lease reduced by the final full month of difference between the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying then estimated operating expenses and the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermOperating Expenses under this Lease.
Appears in 1 contract
Sources: Office Lease (Ismie Holdings Inc)
OPTION TO RENEW. Landlord hereby grants Unless the Board requires the YMCA to Tenant formally exercise the option to renew the LeaseRenewal Option (defined below), for an additional term of five (5) years (the "Renewal Term") with the option commencing on upon the expiration of the Lease Initial Term or any Successive Term, this Agreement shall automatically renew for a new period of ninety-‐nine (99) years, at the "First Renewal Commencement Date") rent as provided herein, and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease otherwise subject to and on all of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in this Agreement, except as may be mutually agreed otherwise in a writing signed by both parties. In order to effectively require the Lease; provided, howeverYMCA to formally exercise the Renewal Option, the Base Monthly Rent for each month of the first Board shall provide written notice thereof no sooner than thirty (30) months month prior to the expiration of the Initial Term or any Successive Term nor later than 24 month prior to the expiration of the Initial Term or any Successive Term, as the case may be. The Board grants to the YMCA, subject to the conditions set forth below, the right and option to renew this Agreement, upon the expiration of the Initial Term or any Successive Term, for a new period of ninety nine (99) years, at the rent as provided herein, and otherwise subject to and on all of the terms and conditions contained in this Agreement, except as may be mutually agreed otherwise in a writing signed by both parties (“Renewal Term Option”). If the Board requests the YMCA to formally exercise the Renewal Option, the Renewal Option shall be calculated as follows: The new Base Monthly Rent for exercised, if at all, by YMCA giving written notice thereof to the Board, not earlier than two years prior to the expiration of the Term of this Agreement and not later than one year prior to the expiration of the Term of this Agreement. Any other provision of this Agreement to the contrary notwithstanding, YMCA shall not be entitled to exercise the Renewal Term Option, unless the YMCA shall have timely performed all of its obligations under this Agreement, and shall not be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in default in the event performance of any such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord obligations and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County written notice of default having been provided to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forYMCA, on the same terms date of such written notice and conditions set forth in on the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice date of the name of its appraiser, the other party can then apply to the President expiration of the Santa ▇▇▇▇▇ County Real Estate Board Initial Term or the presiding Judge any Successive Term of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termthis Agreement.
Appears in 1 contract
Sources: Lease Agreement
OPTION TO RENEW. Landlord hereby grants to Tenant the option shall have a one (1) time right to renew the Lease, for an additional term of five this Lease for one (51) period of three (3) years (the "“Renewal Term") with ”), subject to the option commencing on following terms and conditions:
a. Tenant shall not be in default in the expiration performance of any of the Lease (terms, covenants, or conditions of this Lease, either at the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease time of the Leased Premises for either exercise of the right to renew or at the time of the commencement of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:Term.
A. That the rental for the Leased Premises b. Base Rent during the Renewal Term shall be the Fair Market Rent (as defined below). Tenant may request from Landlord, not more than two hundred seventy (270) days prior to the expiration of the Extension Term, Landlord’s determination of “Fair Market Rent” (as defined below).
c. For purposes of this Article, “Fair Market Rent” means the annual Base Rent that a tenant would pay to a landlord under a net lease containing other terms and conditions substantially as set forth below herein with respect to comparable premises in Paragraph 3a comparable building in the general geographic area that the Demised Premises are located where both the landlord and tenant are willing and able to enter into such a lease transaction but neither would be under any compulsion to do so, and
B. That and taking into account all relevant facts and circumstances concerning the Security Deposit Building, the parties and the relevant market (i.e., rental concessions, leasehold improvement allowances, and brokerage fees). In determining, for purposes of this Article 38.0, Fair Market Rent, Landlord shall be increased give notice to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only determination of Fair Market Rent, after request by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than Tenant, within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within at least ten (10) days from the date Tenant subsequent to such request, and such determination shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice constitute Landlord’s determination of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Fair Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased PremisesRent. In no eventthe event Tenant disagrees with Landlord’s determination of Fair Market Rent, however, shall the resulting Then Monthly Fair Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at determined by the end following methodology: Both parties shall then have a period of the thirtieth sixty (30th60) month of the Renewal Term by multiplying the Base Monthly days in which to reach a mutual agreement on Fair Market Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In the event the parties are unable to reach acceptable terms within this period, then this renewal option shall no event, however, shall the Base Monthly Rent for the last thirty (30) months longer be of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termany force or effect.
Appears in 1 contract
Sources: Commercial Lease (EnteroMedics Inc)
OPTION TO RENEW. (a) The Landlord hereby grants shall grant to the Tenant a further lease of the option to renew the Lease, whole Premises for an additional term of five sixty (560) years months (the "“Renewal Term") with the option ”), commencing on the expiration day after the expiry date of the Lease (Term, at the "First Renewal Commencement Date") Tenant’s cost and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, exceptexpense Provided That:
A. That (i) the rental for Tenant gives the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord notice of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later less than six (6) months prior to before the Renewal Commencement Date (time is expressly expiry date of the essence to Landlord). Any attempted exercise Term, that it requires a further lease of this Option made other than within the time period stated or Premises; and
(ii) the Tenant is not in breach of any of the obligations on its part contained in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunderLease.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended (b) The further lease for the Renewal Term on the same terms and conditions contained must be in the Lease; provided, however, the Base Monthly Rent for each month respect of the first thirty (30) months whole of the Renewal Term shall be calculated as follows: The new Base Monthly Rent Premises (and not part of it) and the rent for the Renewal Term shall be pegged to the greater of: (i) the Base Monthly Rent being paid by Tenant to then prevailing market rent, and on similar terms as this existing Lease. The Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate shall revert with its proposal for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made revised rent within ten one (101) days month from the date of the Tenant’s notice of renewal.
(c) Within two (2) weeks of receipt of the Landlord’s proposal for the revised rent or such longer period as may be mutually agreed, the Tenant shall have exercised this optionmust inform the Landlord, in writing, whether the revised rent is acceptable.
(d) If the revised rent or the other terms are not acceptable to the Tenant or if the Tenant fails to give a written acceptance to the Landlord in time, then the Tenant will be treated as if it is no longer interested in a further lease and the Landlord will be free to end all negotiations with the Tenant shall each appoint a real estate appraiser with at least five for the further lease.
(5e) years full-time commercial/industrial appraisal experience If the Landlord’s proposal for the revised rent and other terms has been accepted by the Tenant in Santa time, the Tenant must sign the new lease document in respect of the Renewal Term within two (2) weeks of receipt.
(f) If after the new lease document for the Renewal Term has been signed but the Tenant is in default of the provisions of the Lease before the commencement of the Renewal Term, the Landlord is entitled to terminate the lease for the Renewal Term by giving notice to the Tenant. Upon receipt of the notice, the lease for the Renewal Term will be terminated without affecting the rights of the Landlord against the Tenant in respect of the default (including, without limitation, compensation for loss of rent for the Renewal Term). ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.▇▇▇
Appears in 1 contract
Sources: Lease Agreement (Fluidigm Corp)
OPTION TO RENEW. Landlord Lessee is hereby grants to Tenant the granted one (1) option to renew and extend the Lease, Term for an additional term a period of five (5) years (the "Renewal Term") with the option years, commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the LeaseLease Agreement, except that the Base Rent during the Option Term shall be at the then Building Rate as defined below (the “Option Term”). In order to exercise this option, the following conditions must be satisfied:
(1) Lessee is not in material default (which, for the avoidance of doubt, shall include a qualified tenant readymonetary default) of the Lease Agreement at the time delivery of notice is required to exercise an option, willing and able if at any time through and including the time the subject Option Term is to commence, Lessee has not been in material default with respect to any terms and conditions contained herein;
(2) Lessee shall not have assigned the Lease Agreement or any interest therein to any unaffiliated third party, or sublet or otherwise permit lease occupancy by any unaffiliated third party of all or any portion of the Leased Premises for a term equal during the Term as amended above, regardless of whether the Lessor shall have consented to such assignment, subletting, or occupancy; and
(3) Lessee shall have given written notice to Lessor no earlier than nine (9) months prior to the Renewal Termexpiration date of the Term as amended above, notifying Lessor of Lessee's option to renew. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of Lessee fails to properly exercise its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointedoption during this period, then the two appraisers option shall attempt to select a third appraiser meeting become null and void. In the qualifications stated event that any of the foregoing conditions are not satisfied upon the expiration date of the Term as amended above, this option shall be null and void and the Term as amended above shall expire at the expiration date as amended above. If they fail However, Lessor shall have the right at Lessor’s sole discretion to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each waive any of the parties shall bear one-half (1/2) of conditions not met by Lessee so long as the cost of appointing the third appraiser waiver is in writing and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided signed by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermLessor.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to 41.1 Tenant shall, provided the Lease is in full force and effect and Tenant is not in default under any of the material or monetary terms and conditions of the Lease at the time of notification or commencement after notice and the expiration of the applicable cure period, have one (1) option to renew (the Lease, “Renewal Option”) this Lease for an additional a term of five three (53) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
41.1.1 If Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is three hundred sixty-five (365) days prior to the expiration of the Term of this Lease but no later than the date which is two hundred seventy (270) days prior to the expiration of the Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further right to extend or renew the Term of this Lease.
41.1.2 The Annual Rent and Monthly Installment of Rent in effect at the expiration of the then current Term of this Lease shall be changed to reflect the Prevailing Market (as defined in Section 41.1.6) rate. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Rent for the Premises no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option under this Article 41. Said notification of the new Annual Rent may include a qualified tenant ready, willing and able provision for its escalation to lease the Leased Premises provide for a term equal change in the Prevailing Market rate between the time of notification and the commencement of the Renewal Term.
41.1.2.1 If Tenant and Landlord are unable to agree on a mutually acceptable rental rate for the Renewal Term not later than sixty (60) days prior to the expiration of the then current Term, then Landlord and Tenant, within five (5) days after such date, shall each simultaneously submit to the other, in a sealed envelope, its good faith estimate of the Prevailing Market rate for the Premises during the Renewal Term (collectively referred to as the “Estimates”). If the higher of such Estimates is not more than one hundred five percent (105%) of the lower of such Estimates, then the Prevailing Market rate shall be the average of the two Estimates. If the Prevailing Market rate is not established by the exchange of Estimates, then, within seven (7) days after the exchange of Estimates, Landlord and Tenant shall each select an appraiser to determine which of the two Estimates most closely reflects the Prevailing Market rate for the Premises during the Renewal Term. Each appraiser so selected shall be certified as an MAI appraiser or as an ASA appraiser and shall have had at least five (5) years experience within the previous ten (10) years as a real estate appraiser working in Sunnyvale, California, with working knowledge of current rental rates and practices. For purposes hereof, an “MAI” appraiser means an individual who holds an MAI designation conferred by, and is an independent member of, the American Institute of Real Estate Appraisers (or its successor organization, or in the event there is no successor organization, the organization and designation most similar), and an “ASA” appraiser means an individual who holds the Senior Member designation conferred by, and is an independent member of, the American Society of Appraisers (or its successor organization, or, in the event there is no successor organization, the organization and designation most similar).
41.1.2.2 Upon selection, Landlord’s and Tenant’s appraisers shall work together in good faith to agree upon which of the two Estimates most closely reflects the Prevailing Market rate for the Premises. The Estimate chosen by such appraisers shall be binding on both Landlord and Tenant. If either party does not Landlord or Tenant fails to appoint an appraiser within the seven (7) day period referred to above, the appraiser appointed by the other party shall be the sole appraiser for the purposes hereof. If the two appraisers cannot agree upon which of the two Estimates most closely reflects the Prevailing Market rate within twenty (20) days after their appointment, then, within ten (10) days after the other party has given notice expiration of the name of its appraisersuch twenty (20) day period, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated aboveaforementioned criteria. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing Once the third appraiser (i.e., the arbitrator) has been selected as provided for above, then, as soon thereafter as practicable but in any case within fourteen (14) days, the arbitrator shall make his or her determination of which of the two Estimates most closely reflects the Prevailing Market rate and such Estimate shall be binding on both Landlord and Tenant as the Prevailing Market rate for the Premises. If the arbitrator believes that expert advice would materially assist him or her, he or she may retain one or more qualified persons to provide such expert advice. The parties shall share equally in the costs of the arbitrator and of paying any experts retained by the third appraiser's feearbitrator. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment Any fees of the third any appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided counsel or experts engaged directly by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no eventLandlord or Tenant, however, shall be borne by the resulting Then Monthly party retaining such appraiser, counsel or expert.
41.1.2.3 If the Prevailing Market Rental Rate for rate has not been determined by the commencement date of the Renewal Term be less than Term, Tenant shall pay Monthly Installments of Rent upon the Base Monthly Rent paid terms and conditions in effect during the final full last month of the initial Lease TermTerm until such time as the Prevailing Market rate has been determined. The Base Upon such determination, the Annual Rent and Monthly Installments of Rent for the Premises shall be retroactively adjusted at to the end commencement of such Renewal Term for the Premises.
41.1.3 This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant as set forth above and to any Permitted Transferee, and that in no event will any other assignee or sublessee have any rights to exercise this Renewal Option.
41.1.4 If Tenant validly exercises or fails to exercise this Renewal Option, Tenant shall have no further right to extend the Term of this Lease.
41.1.5 For purposes of this Renewal Option, “Prevailing Market” shall mean the arms length fair market annual rental rate per rentable square foot under leases and renewal and expansion amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the Sunnyvale, California area as of the thirtieth (30th) month of date the Renewal Term by multiplying is to commence, taking into account the Base Monthly Rent for specific provisions of this Lease which will remain constant, and may, if applicable, include parking charges taking into account all material, economic then-relevant factors. The determination of Prevailing Market shall take into account any material economic differences between the thirtieth (30th) month times a fraction the numerator terms of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the denominator of manner, if any, in which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent landlord under any such lease is reimbursed for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termoperating expenses and taxes.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants Provided that the Tenant pays Rent as and when it becomes due and punctually performs the terms, covenants and conditions to Tenant the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") be performed by it in accordance with the option commencing on the expiration terms of the Lease and is not in default of its obligations hereunder, the Tenant shall have two three (the "First Renewal Commencement Date"3) and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on year options to renew, under the same terms and conditions as set forth in the Lease, except:
A. That the rental of this Lease save and except for the Leased Premises Basic Rent, which shall be fair market rent to be negotiated between the Landlord and the Tenant following the Tenant exercising the option(s) to renew, with such negotiations to be completed not more than 180 days and not less than ninety (90) days prior to completion of the then current Term. The parties hereto agree that the Basic Rent to be paid during the Renewal Term option period shall not be less than that paid during the last year of the Term. If the parties cannot agree to the amount of Basic Rent to be paid during the renewal term before the date referenced above, the parties agree to refer the matter to arbitration pursuant to the terms of the Arbitration Act (Ontario). The decision of any arbitrator or arbitrators shall be as set forth below in Paragraph 3, and
B. That the Security Deposit final and binding. All documents shall be increased kept confidential during said arbitration. The expense of arbitration shall be divided equally between the parties and the Tenant’s share of expenses may be applied as Additional Rent or deducted from any deposit held by the Landlord. The Tenant must provide a minimum of one hundred and eighty (180) days notice in writing to the rental amount determined in Paragraph 3 {Landlord of its intention to renew, failing which the "increased Security Deposit Amount").
2applicable option(s) contained herein shall lapse and become null and void. Such notice by the Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner be more than nine three hundred and sixty (9360) months days prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiry date of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease current Term. The Base Monthly Rent Landlord shall be adjusted at the end under no obligation to provide any rent free periods or to pay any inducements, commissions, fees or expenses on behalf of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior or directly to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior Tenant with respect to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal any extension Term.
Appears in 1 contract
Sources: Lease Agreement
OPTION TO RENEW. Landlord hereby grants to Provided the Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of the Lease at the time of notification or commencement, Tenant shall have one (1) option to renew (the Lease, “Renewal Option”) the Lease for an additional a term of five two (52) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth below:
6.7.1 If Tenant elects to a qualified tenant readyexercise the Renewal Option, willing and able to lease then Tenant shall provide Landlord with written notice no earlier than the Leased Premises for a term equal date which is nine (9) months prior to the Renewal Termexpiration of the Term of the Lease but no later than the date which is six (6) months prior to the expiration of the Term of the Lease. If either party does not appoint an appraiser within ten Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of the Lease.
6.7.2 The annual Base Rent and monthly Base Rent in effect at the expiration of the Term of the Lease shall be increased to reflect the Prevailing Market (10defined below) rate. Landlord shall advise Tenant of the new annual Base Rent and monthly Base Rent for the Premises no later than thirty (30) days after the other party has given notice receipt of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated aboveTenant’s written request therefor. The failing party Said request shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten be made no earlier than thirty (1030) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month date on which Tenant may exercise its Renewal Option under this Section 6.7. Said notification of the Renewal Term. In no event, however, shall new annual Base Rent and monthly Base Rent may include a provision for its escalation to provide for a change in fair market rental between the Base Monthly Rent for time of notification and the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months commencement of the Renewal Term.
6.7.3 This Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew the Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid option to renew.
6.7.4 If the Renewal Option is validly exercised or if Tenant fails to validly exercise the Renewal Option, Tenant shall have no further right to extend the term of the Lease.
6.7.5 For purposes of this Renewal Option, “Prevailing Market” shall mean the arms length fair market annual rental rate per rentable square foot under renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the same research and development rental market in the Hayward, California area as of the date the Renewal Term is to commence, taking into account the specific provisions of the Lease which will remain constant. The determination of Prevailing Market shall take into account any material economic differences between the terms of the Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of Prevailing Market shall also take into consideration any reasonably anticipated changes in the Prevailing Market rate from the time such Prevailing Market rate is being determined and the time such Prevailing Market rate will become effective under the Lease.
6.7.6 Notwithstanding anything herein to the contrary, the Renewal Option is subject and subordinate to the expansion rights (whether such rights are designated as a right of first offer, right of first refusal, expansion option or otherwise) of any tenant of the Building existing on the date hereof.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to (a) Tenant the shall have one option to renew this Lease (a “Renewal Option”) for all (but not less than all) of the LeaseDemised Premises on the same terms and conditions and in the manner set forth below, for an additional a term of five (5) years years, provided that there has been no Event of Default (the "Renewal Term") or event or condition which, with the option commencing on passage of time or giving of notice, or both, would constitute an Event of Default) that has occurred and is continuing at the expiration time of exercise of the Lease option and that there have not been repeated recurring Events of Default (whether or not previously cured) during the "First Term. In the event Tenant desires to elect the Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Option, Tenant shall give Landlord written notice of the Leased Premises for either its exercise of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than Option nine (9) months prior to the Renewal Commencement Expiration Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3Term. If Tenant shall have properly and fails to timely exercised notify Landlord of its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months exercise of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for Option, then the Renewal Term Option shall be the greater of: expire.
(ib) the Base Monthly Rent being paid by Tenant to Landlord during the final full month renewal term shall equal the prevailing market rental rate for office space of comparable quality, design and location in the final year Berkeley Heights area (which shall include the Route 78 corridor) for tenants occupying an amount of space comparable to the initial Lease Termamount then leased by Tenant, or taking into consideration any concessions (iie.g., rent abatement, tenant improvement and other allowances) the Then then being offered by landlords to prospective tenants for comparable space (“Market Rental Rate for the Lease Premises.
4Rent”). The term "Then Monthly Market Rental Rate" parties shall be determined by mutual agreement between Landlord and Tenant or, negotiate in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt good faith to establish the Then Monthly Market Rental Rate for the Leased PremisesRent. If the two appraisers parties are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises Rent within ten fifteen (1015) days after Tenant gives Landlord its notice exercising the second appraiser has been selected or appointedRenewal Option (the “Notice Date”), then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half Appraisal Procedure (1/2as defined in Section 2.01) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly utilized to determine the Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate Rent for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermOption.
Appears in 1 contract
Sources: Lease (Authentidate Holding Corp)
OPTION TO RENEW. Landlord hereby grants to Provided the Lease is in full force and effect and Tenant is not in material default under any of the terms and conditions of the Lease at the time of notification or commencement, Tenant shall have one (1) option to renew the Lease, this Lease for an additional a term of five (5) years (years, for the "Renewal Term") with the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of date the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased renewal term is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth below:
a. If the Tenant elects to a qualified tenant readyexercise said option, willing and able to lease then, Tenant shall provide Landlord with written notice no earlier than the Leased Premises for a term equal date which is two hundred seventy (270) days prior to the Renewal Termexpiration of the then-current term of this Lease but no later than the date which is one hundred eighty days (180) prior to the expiration of the then-current term of this Lease.
b. The Annual Rent and Monthly Installment of Annual Rent in effect at the expiration of the then current term of the Lease shall be modified to reflect the current fair market rental for comparable manufacturing/distribution buildings in the Vista industrial market with approximately 10% office build-out in the same rental market as of the date the renewal term is to commence with Landlord providing Tenant a renewal tenant improvement allowance of $1.50/sf and prevailing market concessions, if any, taking into account the specific provisions of the Lease which will remain constant. If either party does not appoint an appraiser within ten Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Annual Rent for the Premises no later than thirty (1030) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the other party has given notice first date in which Tenant may exercise its option under this Paragraph. Said notification of the name new Annual Rent may include a provision for its escalation to provide for a change in fair market rental between the time of its appraiser, notification and the other party can then apply to the President commencement of the Santa renewal term. If ▇▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers Landlord are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten a mutually acceptable rental rate not later than sixty (1060) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month expiration of the Renewal Term then current term, then Landlord and Tenant shall each appoint a qualified MAI appraiser doing business in the area. In turn those two MAI appraisers shall appoint a third MAI appraiser and the denominator majority of which such appraisers shall decide upon the fair market rental for the Premises as of the expiration if the then current term. Landlord and Tenant shall equally share in the expense of this appraisal.
c. This option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to renew this Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the Consumer Price Index published immediately prior aforesaid option to renew. Notwithstanding the first (1st) month of foregoing, the Renewal Term. In no eventoption is transferable to an assignee, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termpursuant to Section 9 above.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Provided Tenant is not in default hereunder at the time of exercise thereof, Tenant shall have the option to renew the Lease, this Lease for an one (1) additional term of five (5) years at a base rental rate as of the beginning of such renewal term, and annual escalations thereof, to be negotiated between Landlord and Tenant, each acting in its own discretion, respectively, as hereinafter provided. In order to exercise its option to renew for the renewal term, Tenant must notify Landlord in writing of the exercise of said option to renew at least one hundred eighty (180) days prior to the "Renewal end of the Extended Term". If Tenant fails to notify Landlord of its exercise of said option at least one hundred eighty (180) with days prior to the end of the Extended Term, or if, within ninety (90) days after Tenant has notified Landlord of the exercise of its option commencing to renew, Landlord and Tenant have not agreed on the expiration base rental rate, and annual escalations thereof, for such renewal term, then in such case, this option to renew shall terminate and expire and be of no further force or effect. However, if Tenant timely exercises its option to renew for the said renewal term, and Landlord and Tenant agree within ninety (90) days thereafter, on the base rental rate and annual escalations thereof for such renewal term, then in such case the Lease (the "First Renewal Commencement Date") and ending shall be renewed for a five (5) years thereafter (year term at the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on base rental rate and annual escalations thereof as agreed upon by Landlord and Tenant and otherwise upon the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. this Lease except that Tenant shall notify accept the Premises in "as is" condition, and Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right obligation to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on upfit the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid unless otherwise agreed by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from renewal negotiations to determine the date Tenant shall have exercised this optionbase rental rate and annual escalations thereof), Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County not be deemed to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termhave any additional renewal option.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Provided this Lease is in full force and effect and there exists no Event of Default by Tenant under the Lease at the time of notification or commencement, Tenant shall have one (1) option to renew (the Lease, “Renewal Option”) this Lease for an additional a term of five (5) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
40.1 If Tenant elects to exercise the Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is two hundred seventy (270) days prior to the expiration of the Term of this Lease but no later than the date which is one hundred eighty (180) days prior to the expiration of the Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease.
40.2 The Annual Rent and Monthly Installment of Rent in effect at the expiration of the Term of this Lease shall be increased to reflect the Prevailing Market (as defined in Section 40.8) rate. Landlord shall advise Tenant of the new Annual Rent and Monthly Installment of Rent for the Premises no later than thirty (30) days after receipt of Tenant’s written request therefor. Said request shall be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option under this Article 40. Said notification of the new Annual Rent and Monthly Installment of Rent may include a qualified tenant ready, willing and able provision for its escalation to lease the Leased Premises provide for a term equal change in the Prevailing Market rate between the time of notification and the commencement of the Renewal Term.
40.3 If Tenant and Landlord are unable to agree on a mutually acceptable Annual Rent and Monthly Installment of Rent for the Renewal Term not later than sixty (60) days prior to the expiration of the Initial Term, then Landlord and Tenant, within five (5) days after such date, shall each simultaneously submit to the other, in a sealed envelope, it’s good faith estimate of the Prevailing Market rate for the Premises during the Renewal Term (collectively referred to as the “Estimates”). If the higher of such Estimates is not more than one hundred five percent (105%) of the lower of such Estimates, then the Prevailing Market rate shall be the average of the two Estimates. If the Prevailing Market rate is not established by the exchange of Estimates, then, within seven (7) days after the exchange of Estimates, Landlord and Tenant shall each select an appraiser to determine which of the two Estimates most closely reflects the Prevailing Market rate for the Premises during the Renewal Term. Each appraiser so selected shall be certified as an MAI appraiser or as an ASA appraiser and shall have had at least five (5) years experience within the previous ten (10) years as a real estate appraiser working in Aliso Viejo, California, with working knowledge of current rental rates and practices. For purposes hereof, an “MAI” appraiser means an individual who holds an MAI designation conferred by, and is an independent member of, the American Institute of Real Estate Appraisers (or its successor organization, or in the event there is no successor organization, the organization and designation most similar), and an “ASA” appraiser means an individual who holds the Senior Member designation conferred by, and is an independent member of, the American Society of Appraisers (or its successor organization, or, in the event there is no successor organization, the organization and designation most similar).
40.4 Upon selection, Landlord’s and Tenant’s appraisers shall work together in good faith to agree upon which of the two Estimates most closely reflects the Prevailing Market rate for the Premises. The Estimates chosen by such appraisers shall be binding on both Landlord and Tenant. If either party does not Landlord or Tenant fails to appoint an appraiser within the seven (7) day period referred to above, the appraiser appointed by the other party shall be the sole appraiser for the purposes hereof. If the two appraisers cannot agree upon which of the two Estimates most closely reflects the Prevailing Market rate within twenty (20) days after their appointment, then, within ten (10) days after the other party has given notice expiration of the name of its appraisersuch twenty (20) day period, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select selected a third appraiser meeting the qualifications stated aboveaforementioned criteria. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing Once the third appraiser (i.e., the arbitrator) has been selected as provided for above, then, as soon thereafter as practicable but in any case within fourteen (14) days, the arbitrator shall make his or her determination of which of the two Estimates most closely reflects the Prevailing Market rate and such Estimate shall be binding on both Landlord and Tenant as the Prevailing Market rate for the Premises. If the arbitrator believes that expert advice would materially assist him or her, he or she may retain one or more qualified persons to provide such expert advice. The parties shall share equally in the costs of the arbitrator and of paying any experts retained by the third appraiser's feearbitrator. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment Any fees of the third any appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided counsel or experts engaged directly by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no eventLandlord or Tenant, however, shall be borne by the resulting Then Monthly party retaining such appraiser, counsel or expert.
40.5 If the Prevailing Market Rental Rate for rate has not been determined by the commencement date of the Renewal Term be less than Term, Tenant shall pay Monthly Installments of Rent upon the Base Monthly Rent paid terms and conditions in effect during the final full last month of the initial Lease TermTerm until such time as the Prevailing Market rate has been determined. The Base Upon such determination, the Annual Rent and Monthly Installments of Rent for the Premises shall be retroactively adjusted at to the end commencement of such Renewal Term for the Premises.
40.6 This Renewal Option is not transferable except to a Permitted Transferee which is an assignee of the thirtieth Lease and which has satisfied the requirements of Section 9.8 above, the parties hereto acknowledge and agree that they intend that the Renewal Option shall be “personal” to Tenant as set forth above and that in no event will any assignee (30thother than a Permitted Transferee which is an assignee of the Lease and which has satisfied the requirements of Section 9.8 above) month or sublessee have any rights to exercise the Renewal Option.
40.7 If Tenant validly exercises or fails to exercise this Renewal Option, Tenant shall have no further right to extend the Term of this Lease.
40.8 For purposes of this Renewal Option, “Prevailing Market” shall mean the arms length fair market annual rental rate per rentable square foot under renewal leases and amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the same rental market in the Aliso Viejo, California area as of the date the Renewal Term by multiplying is to commence, taking into account the Base Monthly Rent for specific provisions of this Lease which will remain constant. The determination of Prevailing Market shall take into account any material economic differences between the thirtieth (30th) month times a fraction the numerator terms of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the denominator manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes. The determination of which Prevailing Market shall be also take into consideration any reasonably anticipated changes in the Consumer Price Index published immediately prior to Prevailing Market rate from the first (1st) month of time such Prevailing Market rate is being determined and the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termtime such Prevailing Market rate will become effective under this Lease.
Appears in 1 contract
Sources: Lease (Ellipse Technologies Inc)
OPTION TO RENEW. Landlord hereby grants to Tenant Lessee shall, provided the Lease is in full force and effect and Lessee is not in default under any of the other terms and conditions of the Lease at the time of notification or commencement, have one (1) successive option to renew the Leasethis Lease for a term of two (2) years, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Lessee as of the Leased Premises for either of date the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased renewal term is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth below.
39.1 If Lessee elects to a qualified tenant readyexercise said option, willing and able to lease then Lessee shall provide Lessor with written notice no earlier than the Leased Premises for a term equal date which is two hundred forty (240) days prior to the Renewal Termexpiration of the then current term of the Lease but no later than the date which is one hundred eighty (180) days prior to the expiration of the then current term of this Lease. If either party does not appoint an appraiser within ten (10) days after Lessee fails to provide such notice, Lessee shall have no further or additional right to extend or renew the other party has given notice term of the name Lease.
39.2 The annual Base Rent and monthly installment of its appraiser, Base Rent in effect at the other party can then apply to the President expiration of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge then current term of the Superior Court Lease shall be increased to reflect the greater of current fair market rental for comparable space in the Center and in other similar industrial centers in the same rental market as of the date the renewal term is to commence, taking into account the specific provisions of the Lease which will remain constant. In no event shall the monthly Base Rent be less than that County paid for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten last month, increased by four percent (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (24%). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate Base Rent so established for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In extended term shall be increased every (12) months by the Fair Market increases in effect at that time, but in no event, however, event shall any annual increase be less than four percent (4%) per annum of the Base Monthly Rent in effect immediately prior to the date of the adjustment. Lessor shall advise Lessee of the new annual Base Rent and monthly installment of Base Rent for the last Premises no later than thirty (30) months days after receipt of either Renewal Term Lessee’s written request therefore. Said request shall be made no earlier than thirty (30) days prior to the first date on which Lessee may exercise its option under this Paragraph. If Lessee and Lessor are unable to agree on a mutually acceptable rental rate not later than sixty (60) days prior to the expiration of the then current term, then Lessor and Lessee shall each appoint a qualified MAI appraiser doing business in the area, in turn those two independent MAI appraisers shall appoint a third MAI appraiser and the majority shall decide upon the fair market rental for the Premises as of the expiration of the then current term. set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid option to renew. Lessor and Lessee shall equally share in the expense of this appraisal except that in the event the Annual Rent and Monthly Installment of Base Rent is found to be within fifteen percent (15%) of the original rate quoted by Lessor, then Lessee shall bear the full cost of all the appraisal process. In no event shall the Annual Rent and Monthly Installment of Base Rent for any option period be less than the Annual Rent and Monthly Installment of Base Monthly Rent for in the first thirty (30) months of the Renewal Termpreceding period.
Appears in 1 contract
Sources: Standard Industrial/Commercial Tenant Lease (Invivo Corp)
OPTION TO RENEW. Landlord hereby grants to Tenant the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration A. Section 10 of the Lease Seventh Amendment (Option to Renew) is hereby deleted in its entirety and of no further force and effect solely with respect to the "First Renewal Commencement Date") and ending five (5) years thereafter (Extension Premises. Notwithstanding the "First Renewal Expiration Date").
1. The lease of foregoing or anything to the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth contrary contained in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as Option set forth below in Paragraph 3, and
B. That Section 10 of the Security Deposit Seventh Amendment shall be increased remain in full force and effect solely with respect to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Premises and determine the fair market monthly rental rate ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Premises collectively and Tenant may only exercise such Renewal Option for both the Leased Premises, ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Premises and the ▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Premises in their then existing condition entireties.
B. Provided this Lease is in full force and effect and Tenant is not in default under any of the other terms and conditions of the Lease, as amended hereby, and Tenant is in occupancy of the Extension Premises at the time of notification or commencement of the Renewal Term (defined below), Tenant shall have one (1) option to renew (the “Extension Premises Renewal Option”) the Sixth Extended Term solely with respect to the Extension Premises for a term of 5 years (the “Renewal Term”), for the use specified in the Lease could be leased forExtension Premises, on the same terms and conditions set forth in the Lease, as amended hereby, except as modified by the terms, covenants and conditions as set forth below:
(i) If Tenant elects to exercise the Extension Premises Renewal Option, then Tenant shall provide Landlord with written notice no earlier than the date which is 730 days prior to the expiration of the Sixth Extended Term, but no later than the date which is 365 days prior to the expiration of the Sixth Extended Term. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Sixth Extended Term.
(ii) The Base Rent in effect at the expiration of the Sixth Extended Term with respect to the Extension Premises shall be changed to reflect the Prevailing Market (as defined in Section X.E below) rate. Landlord shall advise Tenant of the new Base Rent for the Extension Premises no later than 30 days after receipt of Tenant's written request therefor. Said request shall be made no earlier than 30 days prior to the first date on {2095-0852/00599601;2} 3 which Tenant may exer-cise its Extension Premises Renewal Option under this Section X. Said notification of the new Base Rent may include a qualified tenant ready, willing provision for its escala-tion to provide for a change in the Prevailing Market rate between the time of notification and able the commencement of the Renewal Term.
(iii) If Tenant and Landlord are unable to lease agree on a mutually acceptable rental rate for the Leased Extension Premises for the Renewal Term not later than 60 days prior to the expiration of the Sixth Extended Term, then Landlord and Tenant, within 5 days after such date, shall each simultaneously submit to the other, in a term equal sealed envelope, its good faith estimate of the Prevailing Market rate for the Extension Premises during the Renewal Term (collectively referred to as the "Estimates"). If the higher of such Estimates is not more than 105% of the lower of such Estimates, then the Prevailing Market rate shall be the average of the two Estimates. If the Prevailing Market rate is not established by the exchange of Estimates, then, within 7 days after the exchange of Estimates, Landlord and Tenant shall each select an appraiser to determine which of the two Estimates most closely reflects the Prevailing Market rate for the Extension Premises during the Renewal Term. Each appraiser so selected shall be certified as an MAI appraiser or as an ASA appraiser and shall have had at least 5 years experience within the previous 10 years as a real estate appraiser working in Santa Clara, California, with working knowledge of current rental rates and practices. For purposes hereof, an "MAI" appraiser means an individual who holds an MAI designation conferred by, and is an independent member of, the American Institute of Real Estate Appraisers (or its successor organization, or in the event there is no successor organization, the organization and designation most similar), and an "ASA" appraiser means an individual who holds the Senior Member designation conferred by, and is an independent member of, the American Society of Appraisers (or its successor organization, or, in the event there is no successor organization, the organization and designation most similar).
(iv) Upon selection, Landlord's and Tenant's appraisers shall work together in good faith to agree upon which of the two Estimates most closely reflects the Prevailing Market rate for the Extension Premises. The Estimate chosen by such appraisers shall be binding on both Landlord and Tenant. If either party does not Landlord or Tenant fails to appoint an appraiser within ten (10) days after the 7 day period referred to above, the appraiser appointed by the other party has given notice of shall be the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County sole appraiser for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premisespurposes hereof. If the two appraisers are unable to cannot agree on upon which of the Then Monthly two Estimates most closely reflects the Prevailing Market Rental Rate for the Leased Premises rate within ten (10) 20 days after their appointment, then, within 10 days after the second appraiser has been selected or appointedexpiration of such 20 day period, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated aboveaforementioned criteria. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing Once the third appraiser (i.e., the arbitrator) has been selected as provided for above, then, as soon thereafter as practicable but in any case within 14 days, the arbitrator shall make his or her determination of which of the two Estimates most closely reflects the Prevailing Market rate and such Estimate shall be binding on both Landlord and Tenant as the Prevailing Market rate for the Extension Premises. If the arbitrator believes that expert advice would materially assist him or her, he or she may retain one or more qualified persons to provide such expert advice. The parties shall share equally in the costs of the arbitrator and of paying any experts retained by the third appraiser's feearbitrator. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment Any fees of the third any appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided counsel or experts engaged directly by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no eventLandlord or Tenant, however, shall be borne by the resulting Then Monthly party retaining such appraiser, counsel or expert.
(v) If the Prevailing Market Rental Rate for rate has not been determined by the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month commencement date of the Renewal Term, Tenant shall pay Base Rent applicable to the Extension Premises upon the terms and conditions in effect during the last month of the Sixth Extended Term until such time as the Prevailing Market rate has been determined. In no eventUpon such determination, however, shall the Base Monthly Rent for the last thirty (30) months Extension Premises shall be retroactively adjusted to the commencement of either such Renewal Term be less than for the Extension Premises.
C. If Tenant is entitled to and properly exercises its Extension Premises Renewal Option, Landlord shall prepare an amendment (the “Renewal Amendment”) to reflect changes in the Base Monthly Rent for Rent, Term, {2095-0852/00599601;2} 4 Termination Date and other appropriate terms. Tenant shall execute and return the first thirty (30) months Renewal Amendment to Landlord within 15 days after Tenant’s receipt of same, but an otherwise valid exercise of the Extension Premises Renewal TermOption shall be fully effective whether or not the Renewal Amendment is executed.
D. The Extension Premises Renewal Option is not transferable; the parties hereto acknowledge and agree that they intend that the Extension Premises Renewal Option shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the Extension Premises Renewal Option. If the Extension Premises Renewal Option is validly exercised or if Tenant fails to validly exercise the Extension Premises Renewal Option, Tenant shall have no further right to extend the Sixth Extended Term with respect to the Extension Premises.
E. For purposes of this Renewal Option, "Prevailing Market" shall mean the arms length fair market annual rental rate per rentable square foot under leases and renewal and expansion amendments entered into on or about the date on which the Prevailing Market is being determined hereunder for space comparable to the Premises in the Building and buildings comparable to the Building in the Fremont, California area as of the date the Renewal Term is to commence, taking into account the specific provisions of this Lease which will remain constant, and may, if applicable, include parking charges. The determination of Prevailing Market shall take into account any material economic differences between the terms of this Lease and any comparison lease or amendment, such as rent abatements, construction costs and other concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes.
Appears in 1 contract
Sources: Lease Agreement (Finisar Corp)
OPTION TO RENEW. Landlord hereby grants Upon expiration of the initial term as stated in this Amendment #12 to Tenant the option to renew the Lease, provided that Tenant is not then in default beyond the expiration of any applicable grace and cure period after notice, Tenant may extend the term of this Lease with respect to the Annex for an additional term of five (5) years (the "Renewal First Extended Term") with ), and Tenant may extend the option commencing on the expiration term of the this Lease (the "First Renewal Commencement Date") and ending for an additional term consisting of five (5) years thereafter (the "Second Extended Term) upon the expiration of the First Renewal Expiration Date").
1Extended Term, provided that the Tenant has exercised its option for the First Extended Term and is not then in default beyond the expiration of any applicable grace and cure period after notice. The lease Tenant shall exercise the options(s) by notifying the Landlord in writing at least three hundred sixty (360) days before the then existing Term expires. The base annual rent for each Extended Term shall increase to reflect the cost of living increase in accordance with any increase in the Consumers Price Index of the Leased Premises Bureau of Labor Statistics all items indexed for either Detroit, Michigan or by three percent (3%), whichever is less, provided however, in no event shall the annual rent as adjusted be reduced from the previous year. If the Tenant exercises an option to extend the Lease term for the First Extended Term or the Second Extended Term, the Landlord shall agree to contribute $1.50 per usable square foot of office space per year during the extended term(s) for the purpose of refurbishment of the Renewal Terms Premises. This is in addition to the annual rental credit installments specified in the Eleventh Amendment, and the amounts due and payable for such purposes under the Twelfth Amendment shall be on the same terms due and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises payable to Tenant whether or not spent by Tenant during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2a current or prior year. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease may retain any amount unspent during any calendar year for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or use in the manner stated shall be void and of no force or effectfuture years. In the event that these amounts are not paid by Landlord to Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first within thirty (30) months days after written notice from Tenant that such amounts are due, Tenant may set off the unpaid amount together with interest at the amount specified in Section 5.02 of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for Lease against the Renewal Term shall be installments of base annual rent next coming due until the greater of: (i) the Base Monthly Rent being paid total amount due from Landlord is recaptured by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease PremisesTenant.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 1 contract
Sources: Lease Agreement (Dominos Pizza Inc)
OPTION TO RENEW. Landlord hereby grants to Tenant the one (1) option to renew the Lease, Lease for an additional term of five (5) years (the "Renewal Term") with the option commencing on ). The Renewal Term shall commence upon the expiration of the initial lease term such that there shall not be a gap in the time between the Lease (Term, and the "First Renewal Commencement Date") Term. The Option to Renew is not transferable and ending five (5) years thereafter (the "First Renewal Expiration Date").applies only to ▇▇▇▇▇▇▇ or a Permitted Transferee. The following shall apply to such renewal option:
1. The lease of the Leased Premises for either of the Renewal Terms Term shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental Base Monthly Rent for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount Base Monthly Rent determined in Paragraph 3 {(the "increased Increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner no more than nine eight (9) 8) months prior to the Renewal Commencement Date and not later nor fewer than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e the Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ Alameda County to appraise and determine the fair market monthly rental rate of the Leased Premises. As used herein, in their then existing condition the "Then Monthly Market Rental Rate" payable by Tenant for the Renewal Term shall mean the Base Monthly Rent for the highest and best use specified for comparable space at which non-equity tenants, as of the commencement of the lease term for the Renewal Term, will be leasing non-sublease, non-equity, unencumbered space comparable in size, location and quality to the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to comparable term, which comparable space is located in other comparable buildings in the Renewal Termvicinity of the Building, in its then existing condition. The Then Monthly Market Rental Rate shall include the periodic rental increases that would be included for space leased for the period of the Extended Term and shall include equitable adjustments for applicable market concessions and transaction expenses for comparable R&D/manufacturing buildings. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ Alameda County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. the Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall It is acknowledged that the resulting Then Monthly Market Rental Rate for may increase over time based upon the Renewal Term be less than agreement of the parties or the decision of the arbitration (i.e. rent escalators) and/or the Then Monthly Market Rental Rate may contain a period of reduced Base Monthly Rent paid during based upon the final full month agreement of the initial Lease Term. The Base Monthly Rent shall be adjusted at parties or the end decision of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termarbitration.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Tenant the option to renew the Lease, this Lease for an additional term of two (2) successive five (5) years year Renewal Terms provided that (the "Renewal Term"a) with Tenant provides to Landlord written notice of its exercise of the option commencing on to renew no fewer than 180 days prior to the expiration of the then current Term of this Lease, and (b) Tenant is not in uncured default under this Lease at the time it gives notice of its exercise of the option to renew or during any interval between providing such notice and the commencement of the applicable Renewal Term. This option to renew shall not be assigned or transferred in any manner to any subtenant or assignee of Tenant without Landlord's written consent in Landlord's sole and absolute discretion, and shall at the option of Landlord terminate upon such assignment or sublet if not previously exercised. Upon timely and proper notification and exercise by Tenant of its option to renew, all of the terms and conditions of this Lease shall remain in full force and effect throughout the ensuing Renewal Term; provided, however, that the Monthly Rent payable hereunder shall, at Landlord's option be adjusted on the first day of such Renewal Term and subsequently as hereinafter set out. Promptly following timely and proper notification and exercise by Tenant of its option to renew, Tenant and Landlord shall, if Landlord so elects, jointly contact the North Texas Chapter of the Appraisal Institute (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration DateChapter"), whose current address and particulars are ▇.
1▇. ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇-▇▇▇▇, Telephone ▇▇▇-▇▇▇-▇▇▇▇, Facsimile ▇▇▇-▇▇▇-▇▇▇▇, E-Mail ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Landlord and Tenant shall contact the Chapter in a writing signed by both of them. The lease writing shall request that the Chapter select a neutral Member of the Leased Premises for either Appraisal Institute ("MAI') to determine the fair market rental rate of the Renewal Terms Premises. The writing shall be on request that the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall Chapter notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly Tenant in writing of the essence to Landlord). Any attempted exercise of this Option made other than within MAI appraiser selected by the time period stated or in the manner stated shall be void and of no force or effectChapter. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have the Appraisal Institute no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this optionlonger has a North Texas Chapter, Landlord and Tenant shall each appoint choose a real estate comparable appraisal organization reasonably acceptable to both of them. Landlord and Tenant shall jointly contact such appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County and instruct him to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice as of the name of its appraiser, the other party can then apply to the President time of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge expiration of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear onethen-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial current Lease Term. The Base Monthly Rent cost of such appraisal shall be adjusted at jointly borne by Landlord and Tenant. The appraiser shall be instructed to provide the end fair market rate in writing and within 30 days. The rate set in such appraisal shall be final. Within 30 days following its receipt of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately said appraiser's report but in no case less than 60 days prior to the period including the thirtieth (30th) month expiration of the Renewal Term and then applicable Lease Term, Tenant shall inform Landlord in writing of its decision to renew this Lease or vacate the denominator Premises by the expiration of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal such Lease Term.
Appears in 1 contract
Sources: Lease Agreement (Lmi Aerospace Inc)
OPTION TO RENEW. Landlord hereby grants to Tenant shall have the option (the “Option”) to renew extend the Lease, Term of this Lease for an one additional term period of five three (53) years (the "Renewal Term"“Option Period”) with the option commencing on the expiration during which all of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same non-economic terms and conditions as set forth in of this Lease shall control and apply, except that the Lease, except:
A. That Base Rent and Tenant Improvement Allowance due under the rental for the Leased Premises during the Renewal Term Lease shall be as set forth below in Paragraph 3, and
B. That the Security Deposit then market rental rate. The Option Period shall be increased to commence immediately upon the rental amount determined in Paragraph 3 {termination of the "increased Security Deposit Amount").
2Term. Tenant shall not have the right to exercise the Option if at the time of exercise Tenant is in default under any of the terms or conditions of this Lease. Tenant may exercise the Option by giving Landlord written notice (in the manner provided for notice in this Lease) at least one hundred eighty (180) but no more than two hundred forty (240) days prior to the expiration date of the initial Term. Failure to give such notice shall terminate Tenant’s Option hereunder. If Tenant does timely exercise the Option, Tenant may not thereafter revoke said exercise. Within thirty (30) days of Landlord’s receipt of Tenant’s notice exercising the Option, Landlord shall give notice to Tenant of the Base Rent that shall be due and payable during the Option Period. Tenant shall have thirty (30) days after receipt of Landlord’s notice within which to notify Landlord in writing that Tenant agrees to pay, during the Option Period. the Base Rent determined by Landlord hereunder. If Tenant fails to so notify Landlord of Tenant's exercise of its right to renew agreement. the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord)Option shall automatically terminate. Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its other right to extend or renew the term Term of the Lease, Lease beyond the term of tl3e Lease Option Period. Time shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months essence with respect to the exercise of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease PremisesOption.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 1 contract
Sources: Office Lease (Alimera Sciences Inc)
OPTION TO RENEW. (a) On the condition that the Tenant shall have paid the said rent hereby reserved and shall have observed and performed the terms and conditions herein contained and on the Tenants part to be observed and performed up to the termination of the said term hereby created, the Tenant shall have an option to renew the tenancy hereby created for a further term of TWO (2) YEARS commencing immediately upon the expiration of this tenancy at the then market rent and upon the same terms and conditions hereunder save for the rent reserved hereby PROVIDED THAT the Tenant shall give prior written notice to the Landlord hereby grants to Tenant exercise this option to renew, such notice shall be given not less than THREE (3) MONTHS before the expiration of this tenancy. The rental deposit for the renewed the term shall be adjusted to an amount equivalent to total of two months’ rent of the renewed term and any shortfall of the rental deposit for the renewed term shall be paid prior to the commencement of the renewed term or on the signing of the renewed tenancy agreement (whichever is the earlier).
(b) The revised rent during the 2 year term under the option to renew the Lease, tenancy under this Clause may be agreed at any time between the landlord and the Tenant or (in the absence of agreement) determined by an independent valuer (acting as an expert and not as an arbitrator) such valuer to be nominated in the absence of agreement by or on behalf of the President for an additional term the time being of five (5) years (the "Renewal Term") with the option commencing Hong Kong Institute of Surveyors on the expiration application of the Lease Landlord or the Tenant made not earlier than TWO (the "First Renewal Commencement Date"2) and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and MONTHS before but not later than six TWO (62) months prior MONTHS after the commencement date of the further term and so that in the case of such valuation, the revised rent to be determined by the valuer shall be such as he shall decide should be the monthly rent at the renewal date for the Premises .
(c) IT IS HEREBY FURTHER PROVIDED in relation to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.revised rent:-
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month The fees and expenses of the final year valuer including the cost of his appointment shall be borne equally by the initial Lease Term, or Landlord and the Tenant who shall otherwise each bear their own cost;
(ii) If the Then Market Rental Rate for revised rent payable on and from the Lease Premises.relevant renewal date has not been agreed by that date, rent shall continue to be payable at the rate previously payable .until the revised rent is ascertained when the Tenant shall forthwith pay to the Landlord any shortfall between the rent and the revised rent;
4. (iii) The term "Then Monthly Market Rental Rate" decision of the valuer on the revised rent shall be determined by mutual agreement between Landlord and Tenant or, in final; (iv) For the event such agreement cannot purpose of this proviso the revised rent shall be made within ten (10) days from deemed to have been ascertained on the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on when the same terms and conditions set forth in has been agreed between the Lease, to a qualified tenant ready, willing and able to lease parties or the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice date of determination of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termvaluer.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to (a) Provided this Lease is in full force and effect and Tenant is not in Default under any of the other terms and conditions of this Lease at the time of notification or commencement, Tenant shall have one (1) option to renew (the Lease, “Renewal Option”) the Term of this Lease for an additional a term of five (5) years (the "“Renewal Term") with ”), for the option commencing on the expiration portion of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Premises being leased by Tenant as of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during date the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased is to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below:
(i) If Tenant elects to a qualified tenant readyexercise the Renewal Option, willing and able then Tenant shall provide Landlord with written notice no earlier than the date which is 365 days prior to lease the Leased Premises for a term equal expiration of the initial Term of this Lease but no later than the date which is 180 days prior to the expiration of the initial Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease.
(ii) During the Renewal Term. If either party does not appoint an appraiser within ten , the Base Rent shall be the then prevailing market rental rate (10including all market concessions such as tenant finish allowance, commissions and abated rent) days after the other party has given notice for space of comparable size, quality and location as of the name date the Renewal Option is exercised, taking into account the specific provisions of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated abovethis Lease which will remain constant. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for Base Rent during the Renewal Term be less than shall increase, if at all, in accordance with the Base Monthly Rent paid during increases assumed in the final full month determination of the initial Lease Termthen prevailing market rental rate. The Base Monthly Rent attributable to the Premises shall be adjusted at payable in monthly installments in accordance with the end terms and conditions of Article 2 of this Lease. Landlord shall advise Tenant of the thirtieth (30th) month of the Renewal Term by multiplying the new Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator Premises no later than 30 days after receipt of which Tenant's written request therefor. Said request shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately made no earlier than 30 days prior to the first date on which Tenant may exercise its Renewal Option under this Section 28.02.
(1stb) month of If Tenant is entitled to and properly exercises its Renewal Option, Landlord shall prepare an amendment (the “Renewal Amendment”) to reflect changes in the Base Rent, Term, Termination Date and other appropriate terms as provided above. Tenant shall execute and return the Renewal TermAmendment to Landlord within 15 days after Tenant’s receipt of same. In Tenant’s failure to return a fully executed Renewal Amendment to Landlord within such period shall be deemed a termination by Tenant of its Renewal Option and Tenant shall have no eventfurther right to extend the Term of this Lease, howeverbut such failure shall not be a default by Tenant under this Lease.
(c) Except in connection with a Permitted Transfer, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermOption is not transferable; the parties hereto acknowledge and agree that they intend that the Renewal Option shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the Renewal Option. If the Renewal Option is validly exercised or if Tenant fails to validly exercise the Renewal Option, Tenant shall have no further right to extend the Term of this Lease.
Appears in 1 contract
OPTION TO RENEW. Landlord Article 27 ("Renewal Options") is hereby grants to deleted and the following substituted therefor:
SECTION 27.1. Tenant shall have and is hereby granted the option (the "Extension Option") to renew extend the LeaseTerm, with respect to all or any part of the Premises designated by Tenant (except that if less than all of the Premises is designated by Tenant, Tenant's designation of any space on any floor of the Building must include all of the space on such floor of the Building then included in the Premises), for an additional term up to two (2) consecutive periods of five (5) years additional Lease Years each (together referred to as the "Extension Periods" and individually referred to as an "Extension Period") provided (i) Tenant gives written notice to Landlord of its election to exercise such extension option no later than December 31, 2003 with respect to the first Extension Option, and no later than December 31, 2008 with respect to the second Extension Option, (ii) as to the second Extension Option only, Tenant has exercised the first Extension Option, and (iii) the Lease is in full force and effect.
SECTION 27.2. All terms and conditions of this Lease shall remain in full force and effect during the Extension Period, except that Annual Base Rent payable during each Extension Period shall be ninety-five percent (95%) of the respective current fair market rental rate as of the first day of the calendar year immediately preceding such Extension Period with respect to comparable space in comparable buildings of comparable age and condition which are located in the central business district of Bethesda without taking into account concessions or allowances being offered for new leases but taking into account concessions or allowances, if any, being offered for renewal leases for equivalent periods of time, the escalations of the Base Rent during the Extension Term pursuant to Section 4.2 of the Lease and the adjustment in the Operating Cost Factor set forth below at the time of the commencement of the applicable Extension Period (the "Renewal TermMarket Rate") with subsequent escalations of Base Rent for each year after the option commencing on first year of such Extension Period to be determined in accordance with Section 4.2 of the Lease. Additionally, the Operating Cost Factor during each Extension Period shall be the quotient derived by dividing the Annual Operating Costs for the calendar year in which the applicable Extension Period commences by the Rentable Area of the Building, and no Tenant's Operating Costs Amount shall be payable with respect to the first calendar year of each such Extension Period.
SECTION 27.3. Landlord shall provide Tenant with written notice of Landlord's determination of the Market Rate (as defined below) not later than June 30, 2003 with respect to the first Extension Period, and no later than June 30, 2008 with respect to the second Extension Period. Landlord and Tenant shall negotiate in good faith to determine the amount of the Market Rate for the applicable Extension Period within thirty (30) days of the date of Tenant's receipt of Landlord's determination of the Market Rate. In the event Landlord and Tenant are unable to agree upon the Market Rate for any such Extension Period within said thirty (30)-day period, or by July 31, 2003 with respect to the first Extension Period or by July 31, 2008 with respect to the second Extension Period if Landlord fails to designate a Market Rate within the aforesaid time requirements, the determination of the Market Rate for the applicable Extension Period shall be submitted to a board of three (3) licensed real estate brokers, one of whom shall be named by Landlord, one by Tenant, and the two so appointed shall select a third. Each member of the board of brokers shall be licensed in the State of Maryland as a real estate broker, specializing in the field of commercial office leasing in metropolitan Washington, D.C., including Bethesda, Maryland, having no less than ten (10) years' experience in such field. Landlord and Tenant agree to make their appointments promptly within five (5) days after the expiration of the Lease thirty (30)-day period, or applicable date for appointment of such brokers, or sooner if mutually agreed upon, and if either party fails to appoint a broker within such time period, the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1other party may appoint such broker. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only two brokers selected by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint promptly select a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser third broker within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.both have been
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to a. Tenant the shall have one (1) personal and non-transferable option to renew the Lease, term of the Lease for an additional term a period of five (5) years (years. The renewal term shall begin the "Renewal Term") with the option commencing on first day following the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2Extension Period. Tenant shall notify Landlord of Tenant's exercise of its have the right to renew exercise the Lease for the Renewal Term only renewal option conferred herein by giving to Landlord written notice at least one hundred eighty (180) days, but not sooner more than nine two hundred seventy (9270) months days, prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord). Any attempted exercise of this Option made other than within Extension Period; provided that, at the time period stated of exercise and as of the commencement of the renewal term (i) no default has occurred; and (ii) Tenant has not sublet any portion of the Premises or in the manner stated shall be void and of no force assigned all or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term any portion of the Lease, the term of tl3e Lease .
b. The renewal option shall be so extended for subject to all of the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for except that rent during each month of the first thirty (30) months of the Renewal Term renewal term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term Market Rent. "Market Rent" shall be the greater of: (i) anticipated rate in effect for the Base Monthly Rent being paid by Tenant to Landlord Premises as of the commencement of the renewal term, together with any market rate increases during the final full month renewal term, based upon the rents generally in effect for new leases of space in the area in which the building is located of equivalent quality, size, utility and location, and taking into account the length of the final year renewal term and the credit standing of Tenant. In no event shall the initial Lease Term, or (ii) Market Rent be less than the Then Market Rental Rate rent in effect for the Lease Premises.
4immediately preceding term. The term "Then Monthly Market Rental Rate" Landlord shall be determined by mutual agreement between lease the Premises to Tenant in their then-current condition, and Landlord and shall not provide to Tenant orany allowances (e.g., in moving allowance, construction allowance, free rent or the like) or other tenant inducements. In the event such agreement cannot be made within ten (10) days from the date that Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County exercise an option to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in renew the Lease, to then the Market Rent shall be agreed upon in a qualified tenant ready, willing and able to lease meeting of the Leased Premises for a term equal parties hereto held at least ninety (90) days prior to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice expiration of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased PremisesExtension Period. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on an amount of rent that is mutually satisfactory, then such agreements shall be placed in writing and shall be signed by the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment parties hereto and shall thereupon become a part of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal TermLease.
Appears in 1 contract
Sources: Lease (Tix CORP)
OPTION TO RENEW. Landlord hereby grants to (a) Tenant the shall have one option to renew this Lease (a "Renewal Option") on the Leasesame terms and conditions and in the manner set forth below, for an additional a term of five (5) years years, provided that there has been no Event of Default (the "Renewal Term") or event or condition which, with the option commencing on passage of time or giving of notice, or both, would constitute an Event of Default) that has occurred and is continuing at the expiration time of exercise of the Lease option and that there have not been repeated recurring Events of Default (whether or not previously cured) during the "First Term. In the event Tenant desires to elect the Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease Option, Tenant shall give Landlord written notice of the Leased Premises for either its exercise of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than Option nine (9) months prior to the Expiration Date of the Term. If Tenant fails to timely notify Landlord of its exercise of the Renewal Commencement Date Option, then the Renewal Option shall expire.
(b) Base Rent during the renewal term shall equal the prevailing market rental rate for office space of comparable quality, design and not later than six location in the Berkeley Heights area (6which shall include the Route 78 corridor from and including Exit 43 to and including Exit 33) months prior for tenants occupying an amount of space comparable to the Renewal Commencement Date amount then leased by Tenant, taking into consideration any concessions (time is expressly e.g., rent abatement, tenant improvement and other allowances; it being understood for purposes of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event clarification that Tenant does not or is not entitled to exercise its option Tenant Landlord shall have no further rights hereunder.
3. If obligation to provide Tenant shall have properly and timely exercised its right with any tenant improvement allowance) then being offered by landlords to extend prospective tenants for comparable space ("Market Rent"), but in no case less than the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the then existing Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4Rent. The term "Then Monthly Market Rental Rate" parties shall be determined by mutual agreement between Landlord and Tenant or, negotiate in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt good faith to establish the Then Monthly Market Rental Rate for the Leased PremisesRent. If the two appraisers parties are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises Rent within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of days after Tenant gives Landlord its notice exercising the Renewal TermOption (the "Notice Date"), then the Appraisal Procedure (as defined in Section 2.01) shall be utilized.
Appears in 1 contract
Sources: Lease (Genta Incorporated /De/)
OPTION TO RENEW. If the Tenant is “DIRTT Environmental Solutions Ltd.” or any subsidiary thereof and is itself in occupation of the whole of the Premises throughout the Term in accordance with the Lease and if the Tenant is not in default and has not been in default during the Term, and the Tenant has delivered a written notice to the Landlord hereby grants to not less than nine (9) months and not more than twelve (12) months before the expiration of the Term that the Tenant the option wishes to renew the LeaseTerm, then the Landlord shall renew the Term of the Lease for an additional term the entire Premises at the expiration of the Term for a period of five (5) years (the "“Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date"”).
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) then prevailing standard base rent in the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease TermBuilding for comparable industrial space, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" failing which, shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same Arbitration Act of Alberta. All other terms and conditions set forth in of the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal Lease will apply to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after , except that there will be no leasehold improvement allowance, no free rent, no Landlord’s work and no further right to renew the other party has given notice Term of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased PremisesLease. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on upon a Base Rent within such sixty (60) day period, then the Then Monthly Market Rental Rate Tenant shall sign the Landlord’s then current standard form of net lease for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for Building to document the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted or, at the end of Landlord’s option, a lease renewal agreement prepared by the thirtieth (30th) month of Landlord to reflect the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month terms of the Renewal Term. In no eventIt is understood and agreed that the Tenant, howeverin exercising this right, shall be deemed to be exercising a right to renew the Term for all space which the Tenant is occupying in the Building. The Landlord acknowledges the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less Premises is inflated $0.50 higher than market to recover the Base Monthly Rent for the first thirty (30) months cost of the Renewal TermTenant Improvement Allowance and two (2) oversized doors and ramps.”;
(l) the following shall be added to Schedule H (Special Provisions) as Item 3:
Appears in 1 contract
Sources: Lease Agreement (Dirtt Environmental Solutions LTD)
OPTION TO RENEW. Landlord hereby grants to Tenant the option (a) All previous rights or options to renew contained in the LeaseLease are null, void and of no force or effect from and after the date hereof.
(b) Tenant shall have one (1) option (the “Renewal Option”) to extend the Term for an additional term a period of five (5) years beyond the Expiration Date (the "“Renewal Term") ”). The Renewal Option is personal to Financial Engines, Inc. and may not be exercised by any other sublessee or assignee, or by any other successor or assign of Financial Engines, Inc. The Renewal Option shall be effective only if Tenant is not in Default under the Lease, nor has any event occurred which with the option commencing on giving of notice or the expiration passage of time, or both, would constitute a default hereunder, either at the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease time of the Leased Premises for either exercise of the Renewal Terms shall be on Option or at the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during commencement of the Renewal Term shall Term. The Renewal Option must be as set forth below in Paragraph 3exercised, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. if at all, by written notice (“Election Notice”) from Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice given not sooner more than twelve (12) months nor less than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence to Landlord)Term. Any attempted exercise of this Option made other than within the time period stated or in the manner stated such notice given by Tenant to Landlord shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3irrevocable. If Tenant shall have properly and fails to exercise the Renewal Option in a timely exercised its right to extend the term of the Leasemanner as provided for above, the term of tl3e Lease Renewal Option shall be so extended for the void. The Renewal Term on shall be upon the same terms and conditions contained as the initial Term, except that (i) no further Renewal Option shall be available to Tenant at the expiration of the Renewal Term, and (ii) the Base Rent during the Renewal Term (the “Renewal Rate”) shall be equal to one hundred percent (100%) of the “prevailing market rate” for space in similarly situated buildings in the Lease; provided, however, the Base Monthly Rent for each month vicinity of the first Project comparable to the Building in location, condition, quality and type at the commencement of the Renewal Term (the “Prevailing Rate”). The term “prevailing market rate” shall mean the base rental for such comparable space, taking into account any additional rental and all other payments and escalations payable hereunder and by tenants under leases of such comparable space. The Prevailing Rate shall be determined in accordance with Section 9(c) below.
(c) Within thirty (30) months days after Landlord’s receipt of the Renewal Term shall be calculated Election Notice or as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this optionsoon thereafter as is reasonably practicable, Landlord and shall notify Tenant shall each appoint a real estate appraiser with at least five in writing (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the “Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.Rate
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants to Provided this Lease is in full force and effect and Tenant the option to renew the Lease, for an additional term of five (5) years (the "Renewal Term") with the option commencing on the expiration is not in default under any of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same other terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within Lease beyond any applicable notice and cure period at the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option notification, Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right two (2) successive options to extend renew (each, a “Renewal Option”) the term Term of this Lease (each, a “Renewal Term”), for the portion of the Lease, Premises being leased by Tenant as of the term of tl3e Lease shall be so extended for date the applicable Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant is to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased forcommence, on the same terms and conditions set forth in the this Lease, except as modified by the terms, covenants and conditions as set forth below. The term of the first Renewal Term (if exercised by Tenant) shall be ten (10) years. The term of the second Renewal Term (if exercised by Tenant) shall be nine (9) years and three hundred sixty four (364) days.
38.1 If Tenant elects to a qualified tenant readyexercise the applicable Renewal Option, willing then Tenant shall provide Landlord with written notice (the “Renewal Option Exercise Notice”) no earlier than the date which is five hundred forty (540) days prior to the expiration of then current Term of this Lease but no later than the date which is three hundred sixty-five (365) days prior to the expiration of the then current Term of this Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Term of this Lease. Within thirty (30) days after Tenant’s written request, such request to be made no earlier than thirty (30) days prior to the first date on which Tenant may exercise its Renewal Option, Landlord shall advise Tenant in writing of Landlord’s determination of the Prevailing Market rate for the applicable Renewal Term (“Landlord’s Prevailing Market Determination”).
38.2 The Annual Rent and able Monthly Installment of Rent in effect at the expiration of the then current Term of this Lease shall be revised to lease be ninety-five percent (95%) of the Leased Premises for a term equal to Prevailing Market (as defined in Section 38.9) rate as of the commencement of the Renewal Term. Unless Tenant has previously requested (and Landlord has delivered) a written notice setting forth Landlords’ Prevailing Market Determination, within ten (10) days after receipt of the Renewal Option Exercise Notice, Landlord shall deliver a written notice to Tenant setting forth Landlord’s Prevailing Market Determination. Landlord and Tenant shall have thirty (30) days following Tenant’s receipt of Landlord’s Prevailing Market Determination (or for thirty (30) days following Landlord’s receipt of the Renewal Option Exercise Notice (if Tenant has previously requested (and Landlord has delivered) a written notice setting forth Landlords’ Prevailing Market Determination)) to agree on a mutually acceptable Annual Rent and Monthly Installment of Rent for the applicable Renewal Term. If either party does following the expiration of such thirty (30) day period, Landlord and Tenant have not appoint an appraiser reached agreement on the Annual Rent and Monthly Installment of Rent for the applicable Renewal Term, then within ten (10) days after the other party has given expiration of such thirty (30) day period, Tenant shall elect in writing (“Tenant’s Election Notice”) to (i) accept Landlord’s Prevailing Market Determination, in which case, ninety five percent (95%) of Landlord’s Prevailing Market Determination shall be the Annual Rent and Monthly Installment of Rent for the applicable Renewal Term, (ii) revoke the Renewal Option Exercise Notice, in which, case such notice shall be null and void and of no further effect and Tenant shall have no further or additional right to extend or renew the Term of this Lease, or (iii) proceed to arbitration in accordance with Section 38.3 below, in which case, Tenant’s Election Notice shall set forth Tenant’s determination of the name Prevailing Market rate for the Premises during the applicable Renewal Term (“Tenant’s Prevailing Market Determination”). Tenant’s failure to set forth Tenant’s Prevailing Market Determination in Tenant’s Election Notice shall be deemed to be a revocation of its the Renewal Option Exercise Notice under clause (ii) of the preceding sentence.
38.3 If Tenant elects to arbitrate the Annual Rent and Monthly Installment of Rent for the applicable Renewal Term pursuant to Section 38.2 above, then Landlord and Tenant shall mutually select a single appraiser (the “Appraiser”) to determine which of Landlord’s Prevailing Market Determination or Tenant’s Prevailing Market Determination most closely reflects the Prevailing Market rate for the Premises during the applicable Renewal Term. The Appraiser must be certified as an MAI appraiser, shall be a disinterested party with no ongoing business relations with either party, and shall have had at least five (5) years experience within the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within previous ten (10) years as a real estate appraiser working in Menlo Park, California, with working knowledge of current rental rates and practices for commercial office properties. For purposes hereof, an “MAI” appraiser means an individual who holds an MAI designation conferred by, and is an independent member of, the American Institute of Real Estate Appraisers (or its successor organization, or in the event there is no successor organization, the organization and designation most similar). If an Appraiser has not been so appointed within twenty (20) days after the second appraiser has been selected or appointedTenant’s delivery of Tenant’s Election Notice, then either party, on behalf of both, may request such appointment by the two appraisers shall attempt San Francisco office of the American Arbitration Association (or any successor thereto), or in the absence, failure, refusal or inability of such entity to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiseract, then either party can follow may apply to the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each presiding judge of the parties shall bear one-half (1/2) San Francisco Superior Court, for the appointment of the cost of appointing Appraiser, and the third appraiser other party shall not raise any question as to the court’s full power and of paying jurisdiction to make the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten appointment.
38.4 Within thirty (1030) days after the selection or appointment of the third Appraiser, the Appraiser shall make his or her determination of which of Landlord’s Prevailing Market Determination or Tenant’s Prevailing Market Determination most closely reflects the Prevailing Market rate and such determination shall be binding on both Landlord and Tenant. If the Appraiser believes that expert advice would materially assist him or her, he or she may retain one or more qualified persons to provide such expert advice. The parties shall share equally in the costs of the Appraiser and of any experts retained by the Appraiser. Any fees of any appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided counsel or experts engaged directly by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no eventLandlord or Tenant, however, shall be borne by the resulting Then Monthly Market Rental Rate for party retaining such appraiser, counsel or expert. Each party may submit any written materials to the Renewal Term arbitrator. No witnesses or oral testimony (i.e. no hearing) shall be less than permitted in connection with the Base Monthly Rent paid during Appraiser’s decision unless agreed to by both parties. No ex parte communications shall be permitted between the final full month Appraiser and either Landlord or Tenant following appointment of the initial Lease TermAppraiser until conclusion of the arbitration process. The Base Monthly Rent shall be adjusted at Appraiser is authorized to walk both the end of the thirtieth Premises and any comparable space (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termextent access is made available).
Appears in 1 contract
Sources: Lease Agreement (Facebook Inc)
OPTION TO RENEW. Landlord hereby grants Provided that no Default or Event of Default has occurred and is continuing under the Lease to Tenant which this Rider relates and that the option Lease of the Equipment leased under the Schedule has not been earlier terminated, Lessee shall, if so elected in its Renewal Notice, renew the Lease, at the expiration of the term thereof, with respect to all but not less than all of the Equipment leased thereunder, on the terms and conditions of such Lease, for a negotiated renewal term at a periodic rent equal to the Fair Market Rental Value of such Equipment determined at the time of renewal. After giving Lessor the Notice of its intent to renew the Lease, for an additional term Lessee shall engage in negotiations with Lessor to determine the periodic rent to be paid during the renewal term. Not less than one hundred eighty (180) days before the Scheduled Expiration Date, Lessee shall give Lessor written notice of five (5) years (the "Renewal Term") with the option commencing on the expiration its acceptance of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1renewal terms mutually agreed upon during negotiations. The lease Such election shall be effective with respect to all of the Leased Premises for either Equipment leased under the Lease. For purposes of the Renewal Terms this Section, “Fair Market Rental Value” shall be on the same terms and conditions as set forth in the Lease, except:
A. That the rental for the Leased Premises during the Renewal Term shall deemed to be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental an amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Termrental, as installed and in use, obtainable in an arms’ length transaction for a complete, erected onshore drilling rig ready and in-place for its intended use and purpose at the drill site (and any implied cost to dismantle, move and re-erect the drilling rig from the drill site shall not be a deduction from value) between a willing and informed lessor and a willing and informed lessee under no compulsion to lease. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser Lessee and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers Lessor are unable to agree on the Then Monthly Fair Market Rental Rate for the Leased Premises within ten Value at least one hundred eighty (10180) days after prior to the second appraiser has been selected or appointedScheduled Expiration Date, then the two appraisers an independent appraiser (which appraiser shall attempt to select be a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each Senior Accredited Member of the parties American Society of Appraisers) selected by Lessor and approved by Lessee shall determine Fair Market Rental Value, which determination shall be final, binding and conclusive. Lessee shall bear one-half all reasonable costs associated with the appraisal. If, at least one hundred eighty (1/2180) of days prior to the cost of appointing the third appraiser Scheduled Expiration Date, Lessee and of paying the third appraiser's fee. Unless the three appraisers Lessor are able unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment length of the third appraiserrenewal term (after reasonable negotiations exercised in good faith), Lessee shall provide its Final Notice pursuant to paragraph (a)(ii) above, thereby irrevocably electing to either purchase or return the two appraisal amounts being calculated most closely togetherEquipment (as provided above), after having discarded and if for any reason Lessee WASHINGTON_DC/#1023.10 fails to timely provide the appraisal amount which most greatly varies from the other two appraisal amountsFinal Notice making such election, Lessee shall be added together then divided by two deemed to have elected to purchase the Equipment pursuant to paragraph (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30thc) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termbelow.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants If, and only if, Tenant shall have theretofore exercised its Right of First Offer pursuant to Paragraph 10 above and leased the First Offer Space pursuant thereto, and the term of the Lease as respects the First Offer Space shall have theretofore commenced, and the Extension Term shall have been extended by reason thereof as set forth in Paragraph 10 above, Tenant shall have the option to renew the Lease, term of the Lease for an one (1) additional term of five (5) years (the "Renewal Term") with the option years, commencing on upon the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions ROFO Extension Term, as set forth in Paragraph 10 above. The renewal option must be exercised, if at all, by written notice given by Tenant to Landlord not later than one (1) year prior to the then scheduled expiration date of the Lease. Notwithstanding the foregoing, except:
A. That at Landlord’s election, the rental for the Leased Premises during the Renewal Term renewal option shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. null and void and Tenant shall notify Landlord of Tenant's exercise of its have no right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly term of the essence to Landlord). Any attempted exercise Lease pursuant thereto if (I) as of this Option made other than within the time period stated or in date Tenant exercises the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its renewal option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the LeaseLease as respects the First Offer Space shall not have theretofore commenced by reason of Tenant’ s prior exercise of its Right of First Offer pursuant to Paragraph 10 above, the term of tl3e Lease shall be so extended for the Renewal Term or (II) on the same terms and conditions contained in date Tenant exercises the Lease; provided, however, option or on the Base Monthly Rent for each month date immediately preceding the commencement of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: renewal period (i) the Base Monthly Rent being paid by Original Tenant to Landlord during the final full month is not in physical occupancy of at least seventy-five percent (75%) of the final year Premises then demised pursuant to the Lease or Original Tenant does not intend to continue to physically occupy at least seventy-five percent (75%) of the initial Premises then demised pursuant to the Lease Term(but intends to assign the Lease or sublet or vacate the Premises in whole or in part such that the foregoing occupancy threshold will not be met), or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten an Event of Default (10or a default that subsequently matures into an Event of Default) days from the date Tenant shall have exercised this option, Landlord occurred and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in continuing under the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term.
Appears in 1 contract
Sources: Office Lease (Marin Software Inc)
OPTION TO RENEW. Landlord hereby grants Provided that Tenant is not in Default as of the time of exercise of this option and the commencement date of the First Option Period, and provided that as of such date there is no act or omission of Tenant that would become a Default with the passage of time or the giving of notice, Tenant shall have an option (“First Extension Option”) to Tenant extend the option to renew Term of the Lease, Lease for an additional term the Premises in “as-is” condition at the expiration of the original Lease Term for a period of five (5) years (“First Option Period”). All of the "Renewal Term") terms and conditions of this Lease except for Base Rent and the provisions of this paragraph shall be applicable to the First Option Period. Provided that Tenant is not in Default as of the time of exercise of this option and the commencement date of the Second Option Period, that as of said date there is no act or omission of Tenant that would become a Default with the passage of time or the giving of notice, and that Tenant has duly exercised the First Extension Option, Tenant shall have a second option commencing on (“Second Extension Option”) to extend the Term of the Lease for the Premises in “as-is” condition at the expiration of the Lease (the "First Renewal Commencement Date") and ending Option Period for a period of five (5) years thereafter (the "First Renewal Expiration Date"“Second Option Period”).
1. The lease All of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth of this Lease except for Base Rent and the provisions of this Paragraph shall be applicable to the Second Option Period.
a. The Base Rent for the Premises under each option shall be ninety-five percent (95%) of the then current market rent for comparable facilities in the Leaseproximate South San Francisco market area. The definition of comparable facilities shall incorporate the parking amenities of the Premises, except:
A. That and the rental Building’s location, age, quality, amenities, identity, exterior appearance, interior improvements, and type of construction, excluding laboratory and manufacturing improvements paid for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount")by Tenant.
2. b. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to give Landlord written notice not sooner than of its intent to exercise its option at least nine (9), but not more than fifteen (15) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly expiration of the essence then current Term for the Premises. Within fifteen (15) days after Tenant exercises its option to extend, Landlord shall provide Tenant with the Base Rent, as determined by Landlord), for the Option Period. Any attempted exercise The parties are obligated to negotiate in good faith to agree on the Base Rent. If the parties haven not mutually agreed on the Base Rent within thirty (30) days from notification by Landlord to Tenant of this Option made other than within the time period stated or Landlord’s determination of Base Rent, each party hereto shall appoint one representative who shall be a licensed real estate broker experienced in the manner stated leasing of comparable facilities in the County of San Mateo to act as an arbitrator. The two (2) arbitrators so appointed shall determine the Base Rent for the relevant Option Period. The determination of said Base Rent shall be void made by said two (2) arbitrators within sixty (60) days from notification by landlord to Tenant of Landlord’s determination of Base Rent and they shall submit said determination in writing and signed by said arbitrators in duplicate. One of no force or effect. the written notifications shall be delivered to Landlord and the other to Tenant.
c. In the event the two (2) arbitrators of the parties hereto cannot agree on the Base Rent for the Premises herein, said two (2) arbitrators shall appoint a third arbitrator who shall be a licensed real estate broker experienced in the leasing and of comparable facilities in the County of San Mateo, to act as an arbitrator. The Base Rent for the relevant Option Period shall be independently determined by the third of said arbitrators, which said determination shall be made within ninety (90) days from notification by Landlord to Tenant of Landlord’s determination of Base Rent. The role of the third arbitrator shall then be to immediately select from the proposed resolution of arbitrators #1 and #2 the one that Tenant does not or is not entitled to exercise its option Tenant most closely approximates the third arbitrator’s determination of Base Rent. The third arbitrator shall have no further rights hereunderthe right to adopt a compromise or middle ground of any modification of either of the two final proposed resolutions. The resolution that the third arbitrator chooses as most closely approximating his determination of the Base Rent shall constitute the decision of all arbitrators and shall be final and binding upon the parties.
3d. The parties hereto shall pay the charges of the arbitrator appointed by it and any expenses incurred by such arbitrator. If Tenant The charges and expenses of the third arbitrator, as provided herein, shall have properly be paid by the parties hereto in equal shares.
e. In the event either arbitrator #1 or arbitrator #2 fails to present a Base Rent figure within the thirty (30) day period, the Base Rent presented by the other arbitrator shall be considered final and timely exercised its binding on both parties.
f. Notwithstanding anything to the contrary herein contained, Tenant’s right to extend the term by exercise of the foregoing Option shall be conditioned upon the following: (i) at the time of the exercise of the Option, and at the time of the commencement of the extended term, Tenant and/or Tenant’s Affiliates shall be in possession of and occupying the Premises for the conduct of its business there and not more than twenty-five percent (25%) of the Premises shall be occupied by any assignee, subtenant or licensee other than an Affiliate of Tenant, and (ii) the notice of exercise shall constitute a representation by Tenant to Landlord, effective as the date of the exercise and as of the date of commencement of the extended term, that Tenant has no current intention to assign the lease, in whole or in part, or to sublet more than twenty-five percent (25%) of the Premises to anyone other than an Affiliate of Tenant, the election to extend the term being used for purposes of utilizing the Premises for Tenant’s purposes in the conduct of Tenant’s business therein. For purposes of the Lease, the term of tl3e Lease an .Affiliate. shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; providedmean any person, howeverentity, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater of: (i) the Base Monthly Rent being paid by Tenant to Landlord during the final full month of the final year of the initial Lease Term, firm or (ii) the Then Market Rental Rate for the Lease Premises.
4. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between Landlord and Tenant or, in the event such agreement cannot be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of corporation which shall be controlled by, under the Consumer Price Index published immediately prior to control of, or under common control with Tenant, and .control. shall mean the period including the thirtieth (30th) month possession, direct or indirect, of the Renewal Term and power to direct or cause the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month direction of the Renewal Termmanagement and policies of a person, entity, firm or corporation, whether through the ownership of voting securities, by contract or otherwise. In no eventthe event Tenant is a publicly traded corporation, however, the sale of stock shall the Base Monthly Rent for the last thirty (30) months not be deemed to constitute an assignment or transfer of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termthis Lease.
Appears in 1 contract
Sources: Lease (Vaxgen Inc)
OPTION TO RENEW. Landlord hereby grants to Provided that the Lease is in full force and effect, and Tenant is not in an uncured default of any of the terms, covenants, or conditions of the Lease beyond any applicable cure period, and Tenant has not been in monetary default more than three times during the Term, Tenant shall have the option (the “Extension Option”) to renew extend the Lease, for an additional term of five the Lease for one (51) extension term of three (3) years (the "Renewal “Extension Term") with the option commencing ”). The Extension Term shall commence on the day next succeeding the expiration date of the Lease initial Term in accordance with and subject to the terms, covenants, and conditions hereinafter set forth.
(a) Tenant shall exercise the Extension Option by sending a written notice thereof (the "First Renewal Commencement Date"“Extension Notice”) and ending five (5) years thereafter (the "First Renewal Expiration Date").
1. The lease of the Leased Premises for either of the Renewal Terms shall be on the same terms and conditions as set forth in the Leaseby mail, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased fax or an overnight courier service to the rental amount determined in Paragraph 3 {Landlord on or before the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than date that is six (6) months prior to the Renewal Commencement Date (expiration date, time is expressly being of the essence to Landlord)essence. Any attempted exercise of this Option made other than If Tenant shall send the Extension Notice within the time period stated or and in the manner stated herein above provided, the term of the Lease shall be void deemed extended for the Extension Term upon the terms, covenants, and of no force or effectconditions hereinafter contained in paragraph (b) (2), below. In If Tenant shall fail to send the event that Tenant does not or is not entitled to exercise its option Extension Notice within the time and in the manner herein above provided, the Extension Option shall cease and terminate, and Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right option to extend the term of the this Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms and conditions contained in the Lease; provided, however, the Base Monthly Rent for each month of the first thirty .
(30b) months of the Renewal The Extension Term shall be calculated as follows: The new Base Monthly Rent upon, and subject to, all of the terms, covenants, and conditions provided in the Lease for the Renewal initial term hereof, without any further right of extension, except:
(1) for any terms, covenants, or conditions in the Lease that are either expressly or by their nature inapplicable to the Extension Term; and
(2) the annual Base Rent payable by Tenant during the Extension Term shall be the greater of: ninety five percent (i95%) of the then-prevailing market rate as reasonably determined by Landlord at the time the Extension Notice is received. The prevailing market rate shall be defined as the rate for tenants of comparable credit rating entering into new leases in comparable buildings and in comparable space within the buildings (and comparable rights and privileges as provided under this Lease) in projects of similar quality in which the Premises is located and shall take into consideration then prevailing tenant improvement allowances for such comparable space, however in no event shall the Base Monthly Rent being paid by Tenant to Landlord during Rental Rate be less in the final full month first year of the Extension Term than the final year of the initial term.
(c) If this Lease Termis extended as herein before expressly provided, then Landlord shall have no obligations or duties to improve or to otherwise prepare the Premises, or to perform work or make any installations in connection with the Extension Term. When used in subparagraphs (iia) and (b), above, the Then Market Rental Rate for term “Tenant” shall mean only the named tenant in the Lease Premises.
4and no assignee, subtenant, or successor thereof, except Permitted Assignees as defined under Section 9(b) above. The term "Then Monthly Market Rental Rate" shall be determined by mutual agreement between If Landlord and Tenant or, in should not agree upon the event such agreement cannot be made Base Rent payable during the Extension Term within ten sixty (1060) days from the date Tenant shall have exercised this optionfollowing Tenant’s Extension Notice to Landlord, then Landlord and Tenant shall each appoint designate by written notice to the other, a real estate appraiser with at least five within ninety (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (1090) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's feefollowing Tenant’s Extension Notice. The two appraisers shall attempt proceed to establish determine the Then Monthly Market Rental Rate then Base Rent for the Leased PremisesPremises based on comparable space within the buildings (and comparable rights and privileges as provided under this Lease) in projects of similar quality in which the Premises is located and shall take into consideration that the Tenant shall be accepting the Premises in their “as is” condition and without a tenant improvement allowance, the length of the lease term and the credit standing of Tenant. If the two The appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten shall have thirty (1030) days after the second appraiser has appraisers have been selected designated to agree upon the Base Rent payable during the Extension Term for the Premises. If there is a five percent (5%) or appointedless variance between the two appraisers’ opinions as to the market rate, the Base Rent payable during the Extension Term for the purposes of this Agreement shall be the arithmetic average of the two appraisers’ figures. If there is a greater than five percent (5%) variance between the two appraisers’ opinions as to the market rate, then the two appraisers shall attempt to select jointly appoint a third appraiser. The three appraisers’ shall have thirty (30) days following the appointment of the third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiserBase Rent payable during the Extension Term, either party can follow which shall be the above procedure for having an appraiser appointed amount upon which any two of such three appraisers agree, or if no such agreement is reached, then the rate which represents the arithmetic average of the two rates determined by such appraisers which are numerically closest to one another, or, if all rates are numerically equidistant, the Real Estate Board or a judiciaryarithmetic average of all three such rates. Each party shall have the responsibility for the payment of the parties expenses of each of their appraisers and each shall bear pay one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment expenses of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted at the end of the thirtieth (30th) month of the Renewal Term by multiplying the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no event, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Termif one is appointed.
Appears in 1 contract
OPTION TO RENEW. Landlord hereby grants Subject to Tenant the provisions set forth below, the Lease Term may be renewed, at the option to renew the Leaseof Tenant, for an one (1) additional term period of five (5) years 36 months (the "“Renewal Term") with the option commencing on the expiration of the Lease (the "First Renewal Commencement Date") and ending five (5) years thereafter (the "First Renewal Expiration Date"”).
1. The lease of the Leased Premises for either of the Renewal Terms shall Term will be on upon the same terms and conditions as set forth in the Leaseterms, except:
A. That the rental for the Leased Premises during the Renewal Term shall be as set forth below in Paragraph 3, and
B. That the Security Deposit shall be increased to the rental amount determined in Paragraph 3 {the "increased Security Deposit Amount").
2. Tenant shall notify Landlord of Tenant's exercise of its right to renew the Lease for the Renewal Term only by giving to Landlord written notice not sooner than nine (9) months prior to the Renewal Commencement Date and not later than six (6) months prior to the Renewal Commencement Date (time is expressly of the essence to Landlord). Any attempted exercise of this Option made other than within the time period stated or in the manner stated shall be void and of no force or effect. In the event that Tenant does not or is not entitled to exercise its option Tenant shall have no further rights hereunder.
3. If Tenant shall have properly and timely exercised its right to extend the term of the Lease, the term of tl3e Lease shall be so extended for the Renewal Term on the same terms covenants and conditions contained in the Lease; providedLease as modified by this Amendment, however, the Base Monthly Rent for each month of the first thirty (30) months of the Renewal Term shall be calculated as follows: The new Base Monthly Rent for the Renewal Term shall be the greater ofexcept that: (i) the rent abatement rights set forth in this Amendment will not apply to the Renewal Term; (ii) Tenant will not be entitled to any further reduction in the Letter of Credit during the Renewal Term; (iii) Landlord will not be obligated to perform any leasehold improvements to the Premises, or to provide any allowance therefor, in connection with Tenant’s exercise of such option to renew; and (iv) the amount of Base Monthly Rent payable during the Renewal Term will be as set forth in this Section. Any reference in the Lease to the “Lease Term” will be deemed to include the Renewal Term and apply thereto, unless it is expressly provided otherwise. Tenant will be deemed to have accepted the Premises in “as-is” condition as of the commencement of the Renewal Term, it being paid understood that Landlord will have no obligation to renovate or remodel the Premises or any portion of the Building or provide any allowance therefor, as a result of Tenant’s renewal of the Lease. Tenant will have no renewal option beyond the aforesaid 36-month period.
(a) The initial Base Rent during the Renewal Term for the Premises will be at a rate equal to the then prevailing market rate for renewals as reasonably determined by Landlord for tenants with creditworthiness similar to that of Tenant, for comparable space in the Building, and for a term equal or comparable to the Renewal Term, taking into account only the size of space, location of the space within the building, signage rights, age, location of the building, quality of the building, and length of term. If fixed increases in base rent are then customary in the prevailing market, then the Base Rent will increase by fixed amounts on each anniversary of the commencement of the Renewal Term based on prevailing-market Base Rent increases applicable at the commencement of the Renewal Term, as reasonably determined by Landlord. Tenant’s obligation to pay Tenant’s Pro Rata Share of the amount by which Basic Costs for the applicable calendar year exceed Basic Costs for the Base Year, will continue during the Renewal Term. Tenant’s obligation to pay for its electrical consumption pursuant to Section 11.D of the Lease will continue during the Renewal Term.
(b) In order to exercise such option to renew, Tenant must first deliver an initial nonbinding notice to Landlord during no later than 35 days before the final full month Renewal Exercise Deadline (defined below), and earlier than 120 days before the Renewal Exercise Deadline, in which Tenant expresses its intention to exercise or interest in exercising such option to renew and requesting Landlord to provide its determination of prevailing market rent. Thereafter, Landlord will notify Tenant (“Landlord’s Notice”) of Landlord’s calculation of (i) the initial prevailing market rate of Base Rent for the Premises, which calculation will reflect the market rate that would be payable per annum for a term commencing on the first day of the final year of the initial Lease Renewal Term, or and (ii) the Then Market Rental Rate prevailing market rate of increase in Base Rent applicable for such Renewal Term, if any. If Tenant fails to give its initial nonbinding notice of intent to exercise its option to renew when due as provided in this Section 5, time being of the Lease Premises.
4essence, Tenant will irrevocably be deemed to have waived such option to renew. The term "Then Monthly Market Rental Rate" shall Such calculation by Landlord will be determined by mutual agreement between Landlord final and Tenant or, in the event such agreement canwill not be made within ten (10) days from the date Tenant shall have exercised this option, Landlord and Tenant shall each appoint a real estate appraiser with at least five (5) years full-time commercial/industrial appraisal experience in Santa ▇▇▇▇▇ County to appraise and determine the fair market monthly rental rate the Leased Premises, in their then existing condition for the use specified in the Lease could be leased for, on the same terms and conditions set forth in the Lease, to a qualified tenant ready, willing and able to lease the Leased Premises for a term equal to the Renewal Term. If either party does not appoint an appraiser within ten (10) days after the other party has given notice of the name of its appraiser, the other party can then apply to the President of the Santa ▇▇▇▇▇ County Real Estate Board or the presiding Judge of the Superior Court of that County for the selection of a second appraiser who meets the qualifications stated above. The failing party shall bear the cost of appointing the second appraiser and of paying the second appraiser's fee. The two appraisers shall attempt to establish the Then Monthly Market Rental Rate for the Leased Premises. If the two appraisers are unable to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the second appraiser has been selected or appointed, then the two appraisers shall attempt to select a third appraiser meeting the qualifications stated above. If they fail to agree on a third appraiser, either party can follow the above procedure for having an appraiser appointed by the Real Estate Board or a judiciary. Each of the parties shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. Unless the three appraisers are able to agree on the Then Monthly Market Rental Rate for the Leased Premises within ten (10) days after the selection or appointment of the third appraiser, the two appraisal amounts being calculated most closely together, after having discarded the appraisal amount which most greatly varies from the other two appraisal amounts, shall be added together then divided by two (2). The resulting rental amount shall be defined as the. Then Monthly Market Rental Rate for the Leased Premises. In no event, however, shall the resulting Then Monthly Market Rental Rate for the Renewal Term be less than the Base Monthly Rent paid during the final full month of the initial Lease Term. The Base Monthly Rent shall be adjusted recalculated at the end of the thirtieth (30th) month actual commencement of the Renewal Term by multiplying (if any). For purposes hereof, the Base Monthly Rent for the thirtieth (30th) month times a fraction the numerator of which shall be the Consumer Price Index published immediately prior to the period including the thirtieth (30th) month of the “Renewal Term and the denominator of which shall be the Consumer Price Index published immediately prior to the first (1st) month of the Renewal Term. In no eventExercise Deadline” means May 31, however, shall the Base Monthly Rent for the last thirty (30) months of either Renewal Term be less than the Base Monthly Rent for the first thirty (30) months of the Renewal Term2016.
Appears in 1 contract
Sources: Lease (Management Network Group Inc)