Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions: (a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion. (b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof. (c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.
Appears in 1 contract
Sources: Sublease Agreement (Red Hat Inc)
Options to Extend. So long as Subject to the provisions of Section 24(a)(ix) above and provided that no Event of Default shall have occurred and be continuing as of at the exercise of the Renewal Term option specified herein the time this Option is exercised, Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part three (if in part, in full floor increments3) for four successive terms of five years each options (each a “Renewal Term”)collectively, the first Renewal Term to commence at the expiration of the Basic Term "OPTIONS", and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right an "OPTION") to extend the Lease except as provided in Term of this Section 2.3 and Section 2.5Lease for three (3) successive periods of five (5) consecutive Lease Years each. Annual Base Rent during Tenant may exercise each Renewal Term shall be payable to the Option only by giving Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises written notice thereof not less than twelve (or the portion thereof12) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlordmonths, no less more than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term running initial or Renewal extended Lease Term, as the case may be. The covenants, terms and conditions between Landlord and Tenant during each such extended term shall be the same as contained in this Lease for the initial Lease Term, except that Tenant shall have no further right to extend the Lease Term, and the Base Rent payable during each such extended term for which Tenant exercises this Option shall be adjusted for the first Lease Year of the applicable Option to equal the greater of:
a. one hundred and two percent (102%) of the Base Rent due for the preceding Lease Year; and
b. Fair Market Rental of the Leased Premises as of the beginning of the extended term ("OPTION DATE") as hereinafter set forth: '
i. Between the three hundred sixty-fifth (365th) and one hundred eightieth (180th) day prior to the Option Date, Landlord and Tenant shall attempt to agree by a written and signed addendum to this Lease on the Fair Market Rental to be payable during such extended term. If Landlord and Tenant are unable to agree on such Fair Market Rental or fail to execute the addendum by the one hundred eightieth (180th) day preceding the Option Date, then, within thirty (30) days thereafter Landlord and Tenant shall each select a Qualified Appraiser and use the appraisal mechanism set forth in Section 28 to determine the Fair Market Rental.
ii. If for any succeeding Renewal reason the Fair Market Rental has not been determined as of the Option Date, Tenant shall continue to pay Base Rent to Landlord in an amount of Landlord's lowest proposal during the negotiations set forth in Section 27(b)(i) above, and, when the Fair Market Rental for the extended term is determined, Tenant within thirty (30) days following Landlord's notice thereof, shall pay to Landlord the amount of any increase for each month during which Tenant paid a lower monthly installment of Base Rent, or, if Tenant has over paid Base Rent, Tenant shall receive a credit for such amounts against Base Rent next coming due.
c. Further, the Base Rent for each Lease Year during an Option after the first Lease Year during said Option shall be increased by two percent (2%) over the preceding Lease Year.
d. The exercise of all preceding Option(s) is a condition precedent to the exercise of any subsequent Option(s).
e. Any references in this Lease to the Lease Term shall not apply mean the initial Lease Term as extended pursuant to any portion of the Premises surrendered during any previous Renewal Termthis Section.
Appears in 1 contract
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required All existing options to renew the entire floor for each space subleased. The Tenant shall have no right Lease or extend the Term set forth in the Lease are deleted, and are replaced with the option to extend the Lease except as provided Term set forth in the balance of this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:Paragraph 4.
(a) Tenant shall deliver have the option to Landlordextend the Term for one (1) additional period of five (5) years, no less than eighteen provided that Tenant gives Landlord written notice of the exercise of such option on or before the date that is twelve (1812) months prior to the expiration of the Current then-existing period constituting the Term, written and that at the time such notice is given and on the commencement of the extension term concerned, (eachi) this Lease is in full force and effect, an “Extension Notice”(ii) Tenant is not in default under the Lease beyond the expiration of its intention any applicable notice and cure period given to exercise Tenant in the applicable Renewal Term. If Lease, (iii) Tenant decides to renew the Current Term as to less than has not assigned this Lease or subleased all or any portion of the Premises then under any then-existing sublease, and
(iv) such extension is not being leased, then Tenant must indicate exercised in connection with or for the Extension Notice that Tenant exercises its renewal option with respect to less than all purpose of facilitating any such assignment or sublease. Such extension term shall commence at 12:01 a.m. on the first day following the expiration of the Premises then being leased and shall specify in such Extension Notice immediately preceding period constituting the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretionTerm.
(b) The portion During such extension term, all provisions of the Lease shall apply, except for any provision relating to the improvement of the Premises which Tenant elects to exclude from by Landlord or at Landlord’s expense, and except that the Premises during any applicable Renewal Term amount of Base Rent for such extension term shall be vacated negotiated and surrendered determined by Tenant prior mutual agreement between the Parties, and shall be the then-market rent for the Premises. The term “then-market rent” as used in the immediately preceding sentence shall mean the annual amount, projected during such extension term, that a willing, comparable, non-equity tenant (excluding assignment and sublease transactions) would pay, and a willing, comparable landlord of a comparable building located in the same market as the Building would accept, at arm’s length (without compulsion to agree) for lease extensions or renewals (including what Landlord is accepting for current lease extension or renewal transactions for the commencement Building), for general office space of the applicable Renewal Term as provided in Article 20 hereofsimilar rentable square footage, subjectlocation and quality, howeverbut excluding consideration of tenant improvement allowances and lease concessions, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises if any, then being leased, Tenant’s right to exercise given by the option to extend the Term landlords of such similar projects unless such tenant improvement allowances and lease concessions are then being given by such persons in connection with lease extensions or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Termrenewals.
Appears in 1 contract
Sources: Agreement of Lease
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to (a) Provided the Tenant an option to renew is not in default under this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence beyond applicable cure periods at the expiration of time the Basic Term and each other Renewal Term to commence at Tenant delivers the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Termapplicable Extension Notice (as defined below), the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right [redacted] separate consecutive options to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value in each case for a further period of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice [redacted] (each, an “Extension Term”), each option exercisable by written notice to the Landlord (the “Extension Notice”) of its intention given no later than [redacted]and no earlier than [redacted]prior to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all expiry of the Premises Initial Term or the then being leasedcurrent Extension Term, then as the case may be (the “Extension Notice Expiration Date”). Each such Extension Term shall be on the same terms and conditions as the Initial Term, save and except that Basic Rent shall be determined in accordance with paragraph 22.1(b) or 22.1(c), as applicable, the Tenant must indicate shall have no further right of extension beyond the second Extension Term, the Landlord will have no obligation to pay or provide to the Tenant any allowance, concession or inducement of any nature, or provide any free rent or discounted rent of any nature, or provide any fixturing period, or do or perform any work in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretionPremises.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Basic Rent for each Extension Term shall be vacated agreed upon by the Landlord and surrendered by the Tenant prior to the commencement of the applicable Renewal Extension Term and shall be the then current fair market basic rent for the Premises, being the basic rent which would be paid for the Premises in its current condition as of the commencement of the subject Extension Term, including all Leasehold Improvements installed or placed in the Premises. In determining the then current fair market basic rent for the Premises, all relevant circumstances must be considered and applied, including without limitation the basic rent payable for comparable premises in a building of similar size, age and location as the Building, provided that under no circumstances will Basic Rent for any Extension Term be less than the Basic Rent applicable during the last year of the Initial Term in Article 20 hereof, subject, however, to respect of the holdover provisions first Extension Term and during the last year of Article 21 hereofthe first Extension Term in respect of the second Extension Term.
(c) If Failing agreement by the parties as to the Basic Rent for any Extension Term by not later than 60 days prior to the commencement of the particular Extension Term, either party may submit the matter to a single arbitrator appointed under the Arbitration Act (British Columbia), whose decision will be final and binding upon the Tenant and the Landlord. The cost of the arbitration will be borne by the Landlord and the Tenant equally. In the event that the Basic Rent payable during any Extension Term has not been agreed upon or determined by the date of commencement of the particular Extension Term, the Tenant shall exercise pay by way of provisional Basic Rent on the option to extend the Term for a subsequent Renewal Term with respect to less than all first day of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal first month of that Extension Term, as an amount equal to the case may bemonthly instalment of Basic Rent payable in the month immediately preceding the commencement of such Extension Term, for any succeeding Renewal Term and on the first day of each and every month thereafter the Tenant shall not apply continue to any portion pay such monthly amount until the new Basic Rent is agreed upon or determined, and, upon the Basic Rent being so agreed upon or determined an appropriate adjustment of Basic Rent shall be made, if required, on the first day of the Premises surrendered during any previous Renewal month next following the month in which the new Basic Rent is so agreed upon or determined, retroactive to the commencement of the applicable Extension Term.
Appears in 1 contract
Options to Extend. 15.1 So long as no Event Digital Island, Inc. (or a Permitted Assignee) is the Tenant hereunder and occupies the entirety of Default the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant shall have occurred and be continuing as three (3) options to extend (each an "Extension Option") the term of this Lease with respect to the entirety of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in partLeased Premises, in full floor increments) for four successive terms a period of five (5) years each (each a “Renewal Term”an "Extension Period"), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Each option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant shall deliver to Landlord, no not more than fifteen months nor less than eighteen (18) twelve months prior to the expiration of the Current Term, written notice eleventh (each, an “Extension Notice”11th) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all year of the Premises then being leased, then Tenant must indicate in Lease Term or the expiration of the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises Period then being leased and shall specify in such Extension Notice the particular floors of the Project effect, as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.applicable;
(b) The portion Anything herein to the contrary notwithstanding, if Tenant is in default (beyond any applicable cure period) under any of the Premises which terms, covenants or conditions of this Lease, either at the time Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to exercises an Extension Option or On the commencement date of the applicable Renewal Term as Extension Period, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in Article 20 hereofthis Lease, subject, however, the right to the holdover provisions of Article 21 hereofterminate such option(s) to extend upon notice to Tenant.
(c) If Tenant 15.2 1n the event the applicable Extension Option is exercised in a timely fashion, the Lease shall exercise be extended for the option to extend term of the Term for a subsequent Renewal Term with respect to less than applicable Extension Period upon all of the Premises then being leasedterms and conditions of this Lease, Tenant’s right provided that the Base Monthly Rent for each extension period shall be the "Fair Market Rent" for the Leased Premises, increased as set forth below. For purposes hereof, "Fair Market Rent" shall mean the Base Monthly Rent, that a third party tenant executing a five (5) year lease for leased premises of similar size and with similar quality improvements and tenant improvement allowance in Silicon Valley, taking into account any and all tenant inducements offered in connection with such leasing and the annual increases to exercise Base Monthly Rent Set forth herein; provided however, that the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term "Fair Market Rent" shall not apply take into account the value of any alterations or improvements made to any portion the Leased Premises by Tenant at Tenant's sole cost and expense, which "Fair Market Rent" shall be determined pursuant to the process described below. At the end of the Premises surrendered first twelve (12) month period of any Extension Period, and at the end of each twelve (12) month period thereafter during any previous Renewal TermExtension Period, Base Monthly Rent shall be increased at a rate of 3.0% per annum compounded.
Appears in 1 contract
Sources: Lease (Digital Island Inc)
Options to Extend. So long as no Event Provided Tenant is not in default under any of Default shall have occurred the terms, covenants and be continuing as conditions hereof at the time of the exercise of its option, Tenant shall have four (4) consecutive options to extend the Renewal Term term of this lease for a period of eight (8) years each. Each such option specified herein shall be exercised by Tenant giving Landlord a written notice that it is exercising the Landlord hereby grants same at least six (6) months prior to the Tenant an date upon which this lease would otherwise terminate if such option were not exercised. In computing this six (6) month period the provisions of Article 10 shall be disregarded. Any extended term hereof, pursuant to renew this Lease in whole the exercise of said option or in part (if in partoptions, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term shall be subject to commence at the expiration all of the Basic Term terms, covenants and each other Renewal Term to commence at conditions of this lease, save and except that the expiration rental for the applicable extended term or terms shall be the fair market rental value of the preceding Renewal Term; provided that in the event any portion demised premises as of the Premises is subject to subleases at time of the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such periodapplicable extended term. If the Landlord parties hereto shall be unable to agree as to the fair market rental value for the extended term or terms, then it shall be determined by arbitration in accordance with the rules of the American Arbitration Association then in effect and judgment upon the award may be entered in any court having jurisdiction thereof. Any improvements constructed on the demised premises by Tenant canat its expense shall not agree on such Fair Market Rental Value be taken into consideration by 120 days determining the fair market value. In the event the monthly rental for the first extended term hereof is not determined prior to the commencement of such Renewal Termextended term, Tenant shall pay Landlord monthly rental at the rate payable during the immediately preceding extension until such Fair Market Rental Value monthly rental is determined. In the event the monthly rental as finally determined exceeds the monthly rental therefore paid by Tenant to Landlord for any such extension, rental shall be determined by due following the Appraisal Procedure. Any option to extend shall be subject determination of such monthly rental in addition to the following additional terms and conditions:
(a) Tenant shall deliver to Landlordmonthly rental due for said month, no less than eighteen (18) months prior an amount equal to the expiration sum total of the Current Term, written notice (each, an “Extension Notice”) of its intention difference between monthly rental therefore paid to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined Landlord by Tenant in its sole discretion.
(b) The during such extended term and the actual monthly rental so determined to be due hereunder for such portion of the Premises which Tenant elects extended term. In the event the monthly rental as actually determined for the extended term is less than that theretofore paid to exclude from Landlord by Tenant, Landlord shall remit to Tenant, following the Premises during any applicable Renewal Term shall be vacated and surrendered determination of such monthly rental, an amount equal to the sum total of the difference between monthly rental theretofore paid to Landlord by Tenant prior during such extended term and the actual monthly rental so determined to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term be due hereunder for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any such portion of the Premises surrendered extended term. However, in no event shall the monthly rental during any previous Renewal Termextended period be less than One Thousand Six-Hundred and Sixty-six Dollars and Sixty-seven Cents ($1,666.67).
Appears in 1 contract
Sources: Ground Lease (Tehama Bancorp)
Options to Extend. So long as no Event Provided that Lessee is not in default of Default the terms, covenants and conditions of this Lease, Lessee shall have occurred and be continuing as the option to extend the Term of this Lease for nine (9) successive one year periods. Lessee shall exercise each such option to extend the Term of this Lease by written notice (an "Extension Notice") to that effect sent to Lessor. To validly exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in partextend, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant Lessee shall deliver the Extension Notice therefore to Landlord, Lessor no less later than eighteen thirty (1830) months days prior to the expiration of the Current Terminitial Term or subsequent extension. Term of the Lease, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Termas applicable. If Tenant decides an option to renew extend is properly and timely exercised, this Lease shall continue during the Current Term as to less than extension period on all of the Premises then being leasedsame covenants, conditions, agreements, terms, limitation, exceptions and reservations as are contained in this Lease (unless changed or modified by mutual agreement), except for such of the provisions of this Lease as are pertinent only to and applicable only during the initial Term or any prior extension Term of this Lease, and except that the Base Rent during the extension period shall be equal to the Base Rent in effect immediately preceding the extension period increased by the same percentage, if any, by which the Consumer Price Index figure for the last calendar month preceding the extension period shall have increased over the Consumer Price Index figure for the same calendar month of the preceding calendar year. "Consumer Price Index" shall refer to the Consumer Price Index:, All Urban Consumers, Los Angeles - Anaheim - Riverside Metropolitan Area (All Items), compiled by the U.S. Department of Labor, Bureau of Labor Statistics (1982-1984 = 100). If the 1982-1984 base of the Consumer Price index should be changed, then Tenant must indicate the new base shall be converted to the 1982-1984 base and the base as so converted shall be used. In the event the Bureau shall cease to publish the Consumer Price Index:, then the successor or most nearly comparable index, shall be used. In no event shall the Base Rent be decreased at any time pursuant to the provisions of this paragraph notwithstanding any decrease in the Extension Notice that Tenant exercises its renewal option with respect to less than all Consumer Price Index. In the event an increase in Base Rent for an extension period is not, because of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement publishing date of the applicable Renewal Term Consumer Price Index, determinable as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion beginning of the Premises surrendered during any previous Renewal Termextension period, Lessee shall continue to pay the Base Rent then in effect until the applicable increase is determined, at which time Lessee shall pay Lessor an amount equal to such increase multiplied by the number of months since the beginning of the extension period for which Lessee had not yet paid the increased Base Rent.
Appears in 1 contract
Sources: Standard Industrial/Commercial Single Tenant Lease Net (William Lyon Homes)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as 2.1 Landlord further agrees to grant to Subtenant the option to enter into a direct lease with Landlord upon termination of the exercise Sublease in 2008 upon the following terms and conditions. Regardless of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an whether Sublandlord exercises its option to renew this the Master Lease pursuant to Section 6 of the Second Addendum, Subtenant's option to enter into a direct lease with Landlord shall commence in whole or in part (if in part2008, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration initial term of the preceding Renewal Term; provided that Master Lease, as defined in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required Second Addendum. Sublandlord's right to renew the entire floor Master Lease shall not include the Subleased Premises if Subtenant elects to enter into a direct lease with Landlord for the Subleased Premises. Provided Subtenant is not in monetary default hereunder beyond any applicable notice and cure periods, Subtenant shall have two five-year options (each, an "Option"), at the rental amount described in Section 2.2 below, to lease directly from Landlord all of the Subleased Premises. In order to exercise an Option, Subtenant shall give Landlord written notice not later than 180 days prior to the termination date of this Sublease (and of the termination of the first Option term) of its intent to exercise the Option. If Subtenant exercises the Option for the first Option period, the Base Rent shall be the scheduled rent for the last year under Master Lease, increased by 3%, and the Base Rent shall increase by 3% each space subleasedyear of the Option period. The Tenant If Subtenant exercises the Option for the second Option period, the Base Rent shall continue to increase by 3% per year. In addition to Base Rent, Subtenant shall pay its proportionate share (27.70%) of annual increases in Property Taxes for the Subleased Premises, over a base year of 1998; provided, however, that Subtenant shall not be obligated to pay increases that exceed a 10% increase per year. Landlord shall pay any increases in excess of 10% per year.
2.2 If Subtenant does not exercise the first Option, it shall have no right to extend exercise the Lease except as provided in this Section second Option.
2.3 Except for the term and Section 2.5. Annual Base Rent during each Renewal Term rental rate, the direct lease shall be payable to on the Landlord by same terms and conditions as this Sublease, including the Tenant as described in Section 3.1. The amount incorporation of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value those terms of the Premises (or Master Lease that are not inconsistent with the portion thereof) determined as terms of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretionSublease.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.
Appears in 1 contract
Sources: Sublease (Micro Media Solutions Inc)
Options to Extend. So long OPTION TO EXTEND. Tenant shall have the right and option, which said option and right shall not be severed from this Lease or separately assigned, mortgaged or transferred, to extend the Term of this Lease for two (2) additional consecutive periods of five (5) years each (hereinafter referred to respectively as the "First Extension Period" and the "Second Extension Period" and sometimes individually as an "Extension Period"), provided that (a) Tenant shall give Landlord notice of Tenant's exercise of such option at least nine (9) full calendar months prior to the expiration of (i) the Original Term in the case of the option with respect to the First Extension Period and (ii) the First Extension Period in the case of the option with respect to the Second Extension Period and (b) no Event of Default (after expiration of applicable notice and cure periods, if any) shall have occurred exist at the time of giving each applicable notice and on the date of the commencement of each respective Extension Period and (c) the original Tenant named in this Lease or its Affiliate is itself occupying the entire Premises both at the time of giving the applicable notice and at the time of commencement of the applicable Extension Period. Except for the amount of Annual Fixed Rent (which is to be continuing determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be applicable to the additional periods through which the Term of this Lease shall be extended as aforesaid, except that there shall be no further options to extend the Term of this Lease beyond the Second Extension Period, nor shall Landlord be obligated to make or pay for any improvements to the Premises nor pay any inducement payments of any kind or nature. If Tenant shall give notice of its exercise of each such option to extend in the manner and within the time period provided aforesaid, the Term of this Lease shall be extended upon the giving of each such notice without the requirement of any further attention on the part of either Landlord or Tenant except to the extent necessary to determine the Annual Fixed Rent as hereafter set forth. Landlord hereby reserves the right, exercisable by Landlord in its sole discretion, to waive (in writing) any condition precedent set forth in clauses (a), (b) or (c) above. If Tenant shall fail to give timely notice of the exercise of the Renewal Term any such option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole as aforesaid or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration any of the Basic Term conditions set forth above are not satisfied as and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Termwhen specified herein, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Original Term of this Lease, time being of the essence of the foregoing provisions. Failure of Tenant to timely exercise its option with respect to the First Extension Period shall terminate Tenant's rights with respect to the option for the Second Extension Period. Any termination of this Lease except as provided in this Section 2.3 and Section 2.5Agreement shall terminate the rights hereby granted Tenant. The Annual Base Fixed Rent payable for each twelve (12) month period during each Renewal Term Extension Period shall be payable to 97.5% of the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereofas said term is hereinafter defined) determined calculated an each case as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided Extension Period but in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to no event less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.Annual Fixed Rent plus Additional
Appears in 1 contract
Sources: Lease (Genzyme Transgenics Corp)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part two (if in part, in full floor increments2) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right options to extend the Term of this Lease beyond the initial Term. Each option shall be for five (5) year each. Each extension of the Term of this Lease for the Option Period shall be upon the same terms and conditions as those herein specified as applicable to the initial Term of this Lease except as provided in this Section 2.3 and Section 2.5. Annual Base that Minimum Monthly Rent during each Renewal Term shall be payable to at the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such periodthen fair market value. If Tenant elects to exercise the Option, Tenant must do so by giving Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement written notice of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less election not more than eighteen (18) months and not less than six (6) months prior to the expiration of the Current Termthen Term of this Lease. A condition precedent to the effective exercise of each Option to extend the Term shall be that Tenant shall not be in material default hereunder (or would be in default but for the passage of time or the giving of notice, written or both) either at the time of giving notice (each, an “Extension Notice”) of its intention ▇▇▇▇▇▇'s election to exercise an Option or on the effective date of the beginning of the applicable Renewal TermOption Period or at any time between such dates. If Tenant decides properly gives notice of exercise of an Option hereunder and the conditions thereto are satisfied, then the Term of this Lease shall be extended for the additional Option Period covered by the Option which is exercised. The Options granted herein are personal to renew the Current Term original Tenant named herein and may not be transferred or assigned, whether separate from or as an incident to less than all an assignment or other transfer of ▇▇▇▇▇▇'s interest under this Lease. Any attempted assignment or transfer of any Option shall cause the Option in question to automatically cease and terminate and, in such event, this Lease shall terminate upon the expiration of the then applicable Term. This limitation on transfer of the option does not apply, however, to an assignment of the lease, with option, to a successor entity to Tenant following acquisition or merger. (as per paragraph 21).
(a) As used in this Section, the term "fair market rental rate" means the annual amount per rentable square foot, projected during the relevant period, that a willing, comparable, non-equity tenant (excluding sublease and assignment transactions) would pay, and a willing, comparable landlord of a comparable building in the area in which the Premises are located would accept, at arm's length for an office of comparable size, quality and floor height and area as the leased Premises taking into account the age, quality and layout of the existing improvements in the leased area at issue and the condition of the building and taking into account items that professional real estate brokers customarily consider, including, but not limited to, rental rates, space availability, condition of existing improvements, tenant size, tenant improvement allowances, operating expenses and allowances, reduced rent, free rent, area demographics, traffic and any other lease concessions, if any, then being leasedcharged or granted by Landlord or the lessors of such similar office buildings. The fair market rental rate will be an effective rate, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) belowspecifically including, but shall otherwise be determined by Tenant in its sole discretionaccounting for, the appropriate economic concessions described above.
(b) The portion Landlord will provide written notice of Landlord's determination of the Premises fair market rental rate ("FMRR") and the new rent rate not later than thirty (30) days after the date upon which Tenant elects timely exercises its Option. Tenant will have thirty (30) days ("Tenant's Review Period") after receipt of Landlord's notice of the FMRR within which to exclude from accept such FMRR or to reasonably object thereto in writing. ▇▇▇▇▇▇'s failure to object to the FMRR submitted by Landlord in writing within Tenant's Review Period will conclusively be deemed ▇▇▇▇▇▇'s approval and acceptance thereof. If Tenant reasonably objects to the FMRR submitted by Landlord within Tenant's Review Period, Landlord and Tenant will attempt in good faith to agree upon such FMRR using their best good faith efforts. If Landlord and Tenant fail to reach agreement on such FMRR within fifteen (15) days following the expiration of Tenant's Review Period (the "Outside Agreement Date"), then each party's determination will be submitted to appraisal in accordance with the provisions below.
(i) Landlord and Tenant will each appoint one independent appraiser who by profession must be a real estate broker who has been active over the five (5) year period ending on the date of such appointment in the leasing of offices located in area in which the Premises during any applicable Renewal Term are located. Each such appraiser will be appointed within fifteen (15) days after the Outside Agreement Date.
(ii) The two appraisers selected shall agree upon the FMRR and if the two appraised rental rates are within 10% of one another, the FMRR shall be vacated the average of the two rates established by the appraisers. If the two selected appraisers cannot agree on the FMRR within 10%, the two appraisers will within fifteen (15) days agree upon and surrendered appoint a third appraiser who shall be qualified under the same criteria set forth herein above for qualification of the initial two appraisers and the FMRR shall be determined within sixty (60) days by the average of the three appraised rental rates established by the three appraisers.
(iii) If either Landlord or Tenant prior fails to appoint an appraiser within the time period specified in Subsection (c)(i) herein above, the appraiser appointed by one of them will, within thirty (30) days following the date on which the party failing to appoint an appraiser could have last appointed such appraiser, establish the FMRR and notify Landlord and Tenant thereof, and such appraiser's decision will be binding upon Landlord and Tenant.
(iv) The cost of appraisal (and, if necessary, arbitration) will be shared by Landlord and ▇▇▇▇▇▇ equally.
(v) If the process described in Subsection (b) above and this Subsection (c) has not resulted in a determination of the fair market rental rate by the commencement of the applicable Renewal Term as provided in Article 20 hereoflease term, subjectthen the fair market rental rate estimated by Landlord will be used until the appraiser(s) reach a decision, however, to with an appropriate rental credit and other adjustments for any overpayments of Minimum Monthly Rent or other amounts based on the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all final determination of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Termfair market rental rate.
Appears in 1 contract
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The 2.3.1 Tenant shall have no the right to extend the Term of this Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable for up to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises three (or the portion thereof3) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
of five (a5) Tenant shall deliver years each (each, an "Extension Term") by delivery of written notice to Landlord, Landlord no less later than eighteen ninety (1890) months days prior to the expiration of the Current penultimate year of the then-existing Term (the "Extension Notice"). The Base Rent during the Extension Term, written notice (eachsubject to periodic adjustment as provided in Section 3.1.3, an “Extension Notice”) of its intention to exercise below, shall be the applicable Renewal Term. If Tenant decides to renew fair market rent for the Current Term Premises as to less than all of the Premises then being leased, then Tenant must indicate in date of the Extension Notice that Tenant exercises its renewal option with respect to less than all (the "Extended Base Rent"). The determination of fair market rent for the Premises then shall consider the rents and other terms and conditions at which comparable transactions are being leased consummated in projects comparable to the Premises in the El Segundo, California area, which determination of comparable projects shall duly take into account such projects' age, design and shall specify construction relative to the Premises, and the presence or absence of any remaining Proposition XIII protection in accordance with Section 5.2.2, below, as such Extension Notice the particular floors of the Project as to which Proposition XIII protection may be affected by Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option right to extend the Term pursuant to this Section 2.3. Other than the determination of Base Rent for a subsequent Renewal the Extension Term, the terms and conditions of this Lease shall remain the same for the Extension Term and Landlord shall have no obligation to grant Tenant any improvement allowances or concessions in connection with respect to less than all the Extension Term. Tenant's Extension Notice shall set forth Tenant's opinion of the Premises Extended Base Rent. Within thirty (30) days after Landlord's receipt of the Extension Notice, Landlord shall either deliver a notice to Tenant either accepting Tenant's opinion of the Extended Base Rent or objecting (an "Objection Notice") to Tenant's determination of the Extended Base Rent. If Landlord delivers an Objection Notice, then being leased, Tenant’s Landlord and Tenant shall negotiate in good faith the amount of the Extended Base Rent. The right to exercise the option Extension Terms are personal to extend the Term originally named Tenant herein (the "Original Tenant") and may only be exercised by such Original Tenant or Renewal Terma "Survivor" or an "Affiliate," as those terms are defined in Article 15 below, as the case which Survivor or Affiliate is an assignee of this Lease, and may benot be exercised by any other assignee, for any succeeding Renewal Term shall not apply to any portion sublessee or transferee of the Premises surrendered during any previous Renewal Termthis Lease.
Appears in 1 contract
Sources: Lease (Infonet Services Corp)
Options to Extend. So long as Subject to the provisions of Section 24(a)(ix) above and provided that no Event of Default shall have occurred and be continuing as of at the exercise of the Renewal Term option specified herein the time this Option is exercised, Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part three (if in part, in full floor increments3) for four successive terms of five years each options (each a “Renewal Term”)collectively, the first Renewal Term to commence at the expiration of the Basic Term "OPTIONS", and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right an "OPTION") to extend the Lease except as provided in Term of this Section 2.3 and Section 2.5Lease for three (3) successive periods of five (5) consecutive Lease Years each. Annual Base Rent during Tenant may exercise each Renewal Term shall be payable to the Option only by giving Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises written notice thereof not less than twelve (or the portion thereof12) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlordmonths, no less more than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term running initial or Renewal extended Lease Term, as the case may be. The covenants, terms and conditions between Landlord and Tenant during each such extended term shall be the same as contained in this Lease for the initial Lease Term, except that Tenant shall have no further right to extend the Lease Term, and the Base Rent payable during each such extended term for which Tenant exercises this Option shall be adjusted for the first Lease Year of the applicable Option to equal the greater of:
a. one hundred and two percent (102%) of the Base Rent due for the preceding Lease Year; and
b. Fair Market Rental of the Leased Premises as of the beginning of the extended term ("OPTION DATE") as hereinafter set forth:
i. Between the three hundred sixty-fifth (365th) and one hundred eightieth (180th) day prior to the Option Date, Landlord and Tenant shall attempt to agree by a written and signed addendum to this Lease on the Fair Market Rental to be payable during such extended term. If Landlord and Tenant are unable to agree on such Fair Market Rental or fail to execute the addendum by the one hundred eightieth (180th) day preceding the Option Date, then, within thirty (30) days thereafter Landlord and Tenant shall each select a Qualified Appraiser and use the appraisal mechanism set forth in Section 28 to determine the Fair Market Rental.
ii. If for any succeeding Renewal reason the Fair Market Rental has not been determined as of the Option Date, Tenant shall continue to pay Base Rent to Landlord in an amount of Landlord's lowest proposal during the negotiations set forth in Section 27(b)(i) above, and, when the Fair Market Rental for the extended term is determined, Tenant within thirty (30) days following Landlord's notice thereof, shall pay to Landlord the amount of any increase for each month during which Tenant paid a lower monthly installment of Base Rent, or, if Tenant has over paid Base Rent, Tenant shall receive a credit for such amounts against Base Rent next coming due.
c. Further, the Base Rent for each Lease Year during an Option after the first Lease Year during said Option shall be increased by two percent (2%) over the preceding Lease Year.
d. The exercise of all preceding Option(s) is a condition precedent to the exercise of any subsequent Option(s).
e. Any references in this Lease to the Lease Term shall not apply mean the initial Lease Term as extended pursuant to any portion of the Premises surrendered during any previous Renewal Termthis Section.
Appears in 1 contract
Sources: Lease (Speedfam Ipec Inc)
Options to Extend. So long as Provided the Lease is in full force and effect and no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence is outstanding at the expiration time of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Termnotification or commencement, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for of this Lease as set forth in Section 7.5 of the Summary, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth herein. The extension right described herein is personal to INVITAE CORPORATION, a subsequent Renewal Term Delaware corporation and its Permitted Transferees (as defined below), and shall not otherwise be assigned or transferred and may only be exercised if Tenant is then in possession of the entire Premises If Tenant elects to exercise said option, then Tenant shall provide Landlord with respect to written notice of such election not more than fifteen (15) months or less than nine (9) months prior to the then existing Lease Expiration Date, time being of the essence. If Tenant fails to timely provide such notice, Tenant shall have no further or additional right to extend or renew the term of the Lease. Any extension of the Term shall be upon all the terms and conditions set forth in this Lease, except that: (i) Landlord shall not be obligated to perform any remodeling, renovation, alteration or improvement work in the Premises; (ii) Landlord shall not be obligated to pay any commission to any broker with regard to extension of the Term; (iii) Base Rent for the extension term shall be at Fair Market Rental (as defined below) for the Premises.
2.2.1. For the extension period, the Rent in effect at the expiration of the then current term of the Lease shall be adjusted to reflect the then current Fair Market Rental. “Fair Market Rental” shall mean the monthly amount, projected during the relevant period of time, that a willing, comparable non-equity tenant (excluding sublease and assignment transactions) would pay, and a willing comparable landlord of a comparable quality office building located in the Downtown Palo Alto rental market would accept, at arm’s length, to renew a lease for space of comparable size, quality, ceiling height, loading capabilities and power capacities as the Premises, taking into account the age, quality and layout of the Premises then being leasedand also taking into account the provisions of this Lease and other items that professional real estate brokers customarily consider in calculating renewal rents such as current rental rates, Tenant’s right to exercise escalation clauses, operating expense pass-through charges, rent abatement provisions (if any), tenant improvement allowances (if any), tenant size and creditworthiness and other factors typically considered by landlords of such similar facilities in the Downtown Palo Alto rental market. Notwithstanding the foregoing, in no event shall the Fair Market Rental for the option to extend period be less than the Term or Renewal Term, as highest per square foot Base Rent during the case may be, for any succeeding Renewal Term shall not apply to any portion preceding period of the Premises surrendered during any previous Renewal Lease Term.
Appears in 1 contract
Sources: Lease (Invitae Corp)
Options to Extend. So long as no Event of Default Tenant shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option two (2) options to renew this the Lease in whole for all or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject (“Options to subleases Extend”) for five (5) year lease terms (each, an “Extension Term”) at the prevailing market rental rate at the time of commencement of the Renewal Term, Extension Term for similar type properties in the general market area (“Fair Market Value”). Tenant shall be required provide written notice to Landlord of its intention to exercise its options to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen six (186) months prior to the expiration of the Current Lease Term or an Extension Term. In order to exercise Tenant’s options to extend, Tenant shall not have defaulted at any time during the initial lease term, or option period, beyond the stated cure date. For each Extension Term, written notice the Base Year shall be adjusted to reflect the then current base year that is being offered to prospective tenants of the building, but in no event earlier that the year in which Tenant’s lease would expire. Within sixty (each60) days of the beginning of any Extension Term, the Landlord shall provide an “Extension Notice”allowance of $7.00 per rentable square foot of the Premises for the refurbishment thereof. Landlord shall, within thirty (30) days after receipt of its intention Tenant’s renewal notice, send to exercise Tenant, Landlord’s proposed fair market rental value for the applicable Leased Premises based on comparable buildings, for comparable tenants ("Landlord’s Rent") for the upcoming Renewal Term. Within ten (10) days thereafter, Tenant shall send to Landlord a notice stating either (i) Tenant’s agreement with Landlord’s Rent, in which event Base Rent shall be said amount payable by Tenant throughout the upcoming Renewal Term with any subsequent fair market annual increases, or (ii) Tenant’s evaluation of said prevailing fair market rental value ("Tenant’s Rent") with any subsequent fair market annual increases. If Landlord and Tenant decides are unable to renew agree in good faith upon said prevailing fair market rental value within twenty (20) business days (the Current Term “Good Faith Negotiation Period”) from the date of sending the notice described in (ii) above, then Tenant may elect to either (i) rescind its renewal notice or (ii) consent to the matter being determined by baseball arbitration pursuant to the paragraph below. Disputes between Landlord and Tenant with respect to the prevailing fair market rental value of the Leased Premises only shall be determined by baseball arbitration as provided in this paragraph. No other provision or issue arising under this Lease or any addendum hereto shall be subject to less than or determined by the provisions hereof. Landlord and Tenant shall each appoint a person as arbitrator who is a recognized authority on commercial office leasing in the City of Memphis, Tennessee and is not affiliated with either Landlord or Tenant in any way, within ten (10) business days after the expiration of the Good Faith Negotiation Period. Such appointment shall be signified in writing by each party to the other within such ten (10) business day period, and the arbitrators so appointed shall appoint within ten (10) days after the appointment of Tenant’s arbitrator and Landlord’s arbitrator a third arbitrator, who shall be a person who is a recognized authority on commercial office leasing in the City of Memphis, Tennessee and is not affiliated with Landlord or Tenant in any way. Said third arbitrator shall, after due consideration of all the relevant factors to be taken into account and any other information the arbitrator deems necessary, in good faith, make its own determination of the fair market rental value of the Premises then being leasedwithin ten (10) days of his or her appointment (the “Arbitrator’s Rent”) and thereafter select either the Landlord’s Rent or the Tenant’s Rent, but no other, whichever is closest to the Arbitrator’s Rent (the “Final Rent Determination”), such determination to be made within twenty (20) days after the third arbitrator’s appointment. The Final Rent Determination decision shall be in writing and in duplicate, one counterpart thereof to be delivered to each of the parties hereto. The Final Rent Determination shall be binding, final, and conclusive on the parties. The fees of the arbitrators and the expenses incident to the proceedings shall be borne equally between Landlord and Tenant. The fees of respective counsel engaged by the parties, and the fees of expert witnesses and other witnesses called by the parties, shall be paid by the respective party engaging such counsel or calling or engaging such witnesses. If Tenant fails to appoint an arbitrator in the manner and within the time specified above, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all prevailing fair market rental value of the Premises for the upcoming Renewal Term shall be the Landlord’s Rent. If Landlord fails to appoint an arbitrator in the manner and within the time specified above, then being leased the prevailing fair market rental value for the upcoming Renewal Term shall be the Tenant’s Rent. If the parties’ arbitrators fail to appoint the third arbitrator within the time and in the manner prescribed herein, then Landlord and Tenant shall specify in such Extension Notice jointly and promptly apply to the particular floors local office of the Project as to which Tenant is not exercising its option to renew, which election shall be within American Arbitration Association for the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion appointment of the Premises which Tenant elects third arbitrator. As soon as reasonably practicable after the agreement to exclude from or determination of the Premises Base Rent rate that will apply during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereofTerm, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise deliver to Landlord a written notice (“Renewal Base Rent Notice”) that memorializes the option Base Rent rate that is expected to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or apply during any such Renewal Term, as determined in accordance with the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Termterms hereof.
Appears in 1 contract
Sources: Lease (Bioventus Inc.)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the (a) Landlord hereby grants to Tenant the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term exclusive and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the irrevocable option to extend the Term for a subsequent Renewal two (2) additional periods (each such additional period being an "Extended Term") of five (5) year(s) each by giving Landlord written notice at least twelve (12) months prior to the Expiration Date of the Primary Term or the then applicable Extended Term. Tenant shall have the right to exercise these options to extend provided that on the date of such exercise no Event of Default by Tenant then exists under this Lease and there then exists no uncured default by Tenant with respect to less than all which Landlord has given written notice to Tenant pursuant to the provisions of Paragraph 30 hereof.
(b) Each Extended Term shall be on the terms, covenants and conditions of this Lease then applicable, except that the Fixed Rent for each Extended Term shall be the "Fair Market Rent" (as hereinafter defined) and except that after the exercise of the Premises then being leasedoption for the first Extended Term, Tenant’s right Tenant shall have only one (1) option to extend, and after the exercise of the option for the second Extended Term, Tenant shall have no further options to extend the Term or Renewal Term. "Fair Market Rent" shall mean (i) the annual effective rental rate per square foot of rentable floor area then being charged by landlords under new leases of office space in the metropolitan Oklahoma City, Oklahoma, market for space similar to the Premises in a building of comparable quality and with comparable parking and other amenities, taking into account concessions offered to new tenants such as free rent, tenant improvement allowances, moving allowances and other such concessions, and taking into account Tenant's repair and maintenance obligations under this Lease and the case may beTaxes and expenses Tenant is obligated to pay under this Lease (or, for any succeeding Renewal Term shall not apply if applicable, that Tenant is obligated to any portion pay Tenant's Proportionate Share of Operating Expenses and Taxes pursuant to Paragraph 52 and Exhibit "M" in lieu thereof); (ii) the amount of space and length of term taken by the tenant; and (iii) the credit worthiness and quality of the Premises surrendered during any previous Renewal Termtenant.
Appears in 1 contract
Sources: Net Lease Agreement (Wells Real Estate Fund Xi L P)
Options to Extend. So long as no Event of Default a. Tenant shall have occurred and be continuing as two (2) successive options to extend the Term of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms an additional period of five (5) years each (each a “the "Renewal Term”Options"), which Renewal Options shall each be exercised by serving written notice (the first "Renewal Term to commence Notice") upon Landlord at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Termleast six (6) months, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Termbut not more than twelve (12) months, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Initial Term (or then extended Option Term, written notice (each, an “Extension Notice”if applicable) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew Lease (collectively the Current Term as to less than all "Option Term(s)"); provided that such option is conditioned upon the Lease being in full force and effect, and there being no Event of Default existing under the Lease, at the time of delivery of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all Renewal Notice. Any termination of the Premises Lease during the Initial Term (or then being leased and extended Option Term, if applicable) shall specify in such Extension Notice terminate all rights of extension hereunder.
b. Upon the particular floors service of the Project as Renewal Notice, and subject to which Tenant is not exercising its option to renewthe conditions set forth herein, which election the Lease shall be within extended without the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion necessity of the Premises which Tenant elects to exclude from the Premises during execution of any applicable Renewal further instrument or document. Such extended Term shall be vacated and surrendered by Tenant prior to commence upon the commencement expiration date of the applicable Renewal initial Term (or then extended Option Term, if applicable) of the Lease, expire upon the expiration of sixty (60) months thereafter, and be upon the same terms, covenants and conditions as provided in Article 20 hereofthe Lease for the initial Term, subject, however, to except that the holdover provisions Base Rent during the extended Term of Article 21 hereofthe Renewal Options shall be the then Fair Market Rate (as defined below).
c. The term "Fair Market Rate" shall mean the annual amount per rentable square foot that a willing, comparable, non-equity, non-renewal, non-expansion, new tenant would pay and a willing, comparable landlord for comparable space of a warehouse/office building in San Antonio, Texas (cthe "Comparison Area") If Tenant shall exercise would accept at arm's length, giving appropriate consideration to, without limiting the option to extend scope thereof, annual rental rates per rentable square foot, the Term for type of lease escalation clauses (including, but without limitation, operating expense, real estate taxes, CPI), the extent of liability under the escalation clauses (e.g., whether determined on a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term "net lease" basis or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.by
Appears in 1 contract
Sources: Lease Agreement (Solo Serve Corp)
Options to Extend. So long as no Event Provided that Tenant is not then in default either at the time Tenant delivers the written notice required by this section or at the time of Default commencement of an extension term, Tenant shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew extend the term of this Lease for up to fifteen years in whole or in part (if in part, in full floor increments) for four successive three separate and additional terms of five years each (each a “Renewal Term”)provided that Tenant may, if it chooses, combine the first Renewal Term to commence at two extension options and extend the expiration term of the Basic Term and each other Renewal Term to commence at the expiration Lease for ten years upon delivery of the preceding Renewal Term; provided requisite notice) under the same terms and conditions as set forth in this Lease except that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Base Rent shall be adjusted as hereafter provided. Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right exercise any of its options to extend the this Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement delivering written notice of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option exercise to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months Landlord at least one year prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all original or extended term of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal TermLease, as the case may be, . The Base Rent for any succeeding Renewal Term the first year of each extension term shall not apply to any portion be 95% of the Fair Market Rental (as hereafter determined); provided, however, that in no event shall the Base Rent for the Premises surrendered for the first year of each extension term be less than 100% of the average per rentable square foot of the Base Component of the Base Rent for the entire Premises during any previous Renewal Termthe immediately preceding year nor more than 102.5% of the average per rentable square foot of the Base Component of the Base Rent for the entire Premises during the immediately preceding year. Thereafter, the Base Rent for the Premises for each year of the extension term shall increase by 2 1/2% per year. For each five year extension exercised by Tenant, Tenant shall receive a Tenant improvement allowance of $2.00 per rentable square foot of the Premises, which allowance shall be credited against the monthly rental payments next due and payable by Tenant under the Lease until the full amount has been credited to Tenant. If Tenant elects to exercise its first option to extend the Lease for a period of ten years rather than five years, then the tenant improvement allowance to Tenant shall be $4.00 per rentable square foot rather that $2.00 per rentable square foot. For purposes of this section, Fair Market Rental shall mean the base rent for comparable space in the Project's market area. The determination of Fair Market Rental shall take into account the tenant improvement allowance offered to Tenant and all other relevant factors. If Landlord and Tenant are unable to agree on the Fair Market Rental within thirty days after Tenant's exercise of each of the options to extend, then the Fair Market Rental shall be determined by appraisal. Landlord and Tenant shall each designate by written notice within ten days after the expiration of said thirty day period, the name of a qualified appraiser who shall have at least five years experience relative to office space in said market area. Each of the appraisers shall submit to Landlord and Tenant within thirty days after his or her appointment, a written determination of the Fair Market Rental for the applicable option period. If both of the appraisers' determinations are within the minimum and maximum Base Rent amounts previously set forth in this section, then the Fair Market Rental shall be the average of the two appraisals. If only one of the appraiser's determinations is within such minimum and maximum Base Rent amounts, then the Fair Market Rental shall be equal to such determination. If neither appraiser's determinations is within the minimum and maximum Base Rent amounts, then the Fair Market Rental shall be the average of such minimum and maximum Base Rent amounts.
Appears in 1 contract
Sources: Office Lease (Metavante Corp)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the (a) Landlord hereby grants to Tenant the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term exclusive and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the irrevocable option to extend the Term for a subsequent Renewal three (3) additional periods (each such additional period being an "Extended Term") of five (5) year(s) each by giving Landlord written notice at least twelve (12) months prior to the Expiration Date of the Primary Term or the then applicable Extended Term. Tenant shall have the right to exercise these options to extend provided that on the date of such exercise no Event of Default by Tenant then exists under this Lease and there then exists no uncured default by Tenant with respect to less than all which Landlord has given written notice to Tenant pursuant to the provisions of Paragraph 30 hereof.
(b) Each Extended Term shall be on the terms, covenants and conditions of this Lease then applicable, except that the Fixed Rent for each Extended Term shall be the "Fair Market Rent" (as hereinafter defined) and except that after the exercise of the Premises then being leasedoption for the first Extended Term, Tenant’s right Tenant shall have only two (2) options to extend and after the exercise of the option for the second Extended Term, Tenant shall have only one (1) option to extend, and after the exercise of the option for the third Extended Term, Tenant shall have no further options to extend the Term or Renewal Term. "Fair Market Rent" shall mean (i) the annual effective rental rate per square foot of rentable floor area then being charged by landlords under new leases of office space in the metropolitan Cary, North Carolina, market for space similar to the Premises in a building of comparable quality and with comparable parking and other amenities, taking into account concessions offered to new tenants such as free rent, tenant improvement allowances, moving allowances and other such concessions, and taking into account Tenant's repair and maintenance obligations under this Lease and the case may be, for any succeeding Renewal Term shall not apply Taxes and expenses Tenant is obligated to any portion pay under this Lease; (ii) the amount of space and length of term taken by the tenant; and (iii) the credit worthiness and quality of the Premises surrendered during any previous Renewal Term.tenant. The fair market value of Tenant's modular office furniture shall
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Options to Extend. So long as no Event (a) Subject to the terms of Default shall have occurred this Paragraph 40 and be continuing as of the exercise of the Renewal Term option specified herein the Paragraph 42, entitled "Options," Landlord hereby grants to Tenant the Tenant option (each, an option "Extension Option") to renew extend the Term of this Lease in whole or in part with respect to the entire Premises for up to two (if in part, in full floor increments2) for four successive terms additional periods of five (5) years each (each a “Renewal each, an "Option Term”"), on the first Renewal Term to commence at same terms, covenants and conditions as provided for in this Lease during the expiration of initial Lease Term, except that all economic terms such as, without limitation, Monthly Base Rent, an Operating Expense Allowance, if any, parking charges, etc., shall be established based the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of "fair market rental rate" for the Premises is subject to subleases at for the commencement applicable Option Term as defined and determined in accordance with the provisions of this Paragraph 40 below. Notwithstanding the Renewal Termforegoing, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Monthly Base Rent during each Renewal Option Term shall be payable to ninety-five percent (95%) of the Landlord by the Tenant as described fair market Monthly Base Rent, and in Section 3.1. The amount of Annual no event will Market Base Rent for each Renewal Term, shall equal during any Option Term be less that the annual Fair Market Rental Value Base Rent at the end of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:immediately preceding term.
(ab) The Extension Option must be exercised, if at all, by written notice ("Extension Notice") delivered by Tenant shall deliver to LandlordLandlord no earlier than the date which is one (1) year, and no less later than eighteen the date which is nine (189) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) then current Term of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereofthis Lease.
(c) The term "fair market rental rate" as used in this Addendum shall mean the annual amount per rentable square foot, projected during the relevant period, that a willing, comparable, non-equity renewal tenant (excluding sublease and assignment transactions) would pay, and a willing, institutional landlord of a comparable Class "A" quality office building located in the ▇▇▇▇ ▇▇▇▇▇ Airport area ("Comparison Area") would accept, at arm's length (what Landlord is accepting in current transactions for the Building or other buildings in the Development may be considered), for space comparable in size, quality and floor height as the leased area at issue taking into account the age, quality and layout of the existing improvements in the leased area at issue and taking into account items that professional real estate brokers customarily consider, including, but not limited to, rental rates, office space availability, tenant size, tenant improvement allowances, operating expenses and allowance, parking charges, free rent, free parking and any other lease concessions, if any, then being charged or granted by Landlord or the lessors of such similar office buildings. The fair market rental rate will be an effective rate, not specifically including, but accounting for, the appropriate lease concessions described above.
(d) Landlord's determination of fair market rental rate shall be delivered to Tenant in writing not later than thirty (30) days following Landlord's receipt of Tenant's Extension Notice. Tenant will have thirty (30) days ("Tenant's Review Period") after receipt of Landlord's notice of the fair market rental rate within which to accept such fair market rental rate or to object thereto in writing. Tenant's failure to object to the fair market rental rate submitted by Landlord in writing within Tenant's Review Period will conclusively be deemed Tenant's approval and acceptance thereof. If Tenant objects to the fair market rental rate submitted by Landlord within Tenant's Review Period, then Landlord and Tenant will attempt in good faith to agree upon such fair market rental rate using their best good faith efforts. If Landlord and Tenant fail to reach agreement on such fair market rental rate within fifteen (15) days following the expiration of Tenant's Review Period, then neither Tenant nor Landlord shall exercise the option have any obligation to extend the Term for a subsequent Renewal Term proceed with respect to less than all such determination of the Premises fair market rental rate or the applicable Extension Option and this Lease shall terminate upon the then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Termscheduled expiration date.
Appears in 1 contract
Sources: Office Building Lease (California First National Bancorp)
Options to Extend. So long as no Event Tenant is hereby granted two (2) five (5)-year options to further extend the term of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a option, an “Renewal Extension Option”, and each extended term, an “Extension Term”), with the first Renewal Extension Term to commence (if at all) immediately upon the expiration of the Basic Term Extended Term, and each other Renewal the second Extension Term to commence (if at all) immediately upon the expiration of the preceding Renewal first Extension Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Each Extension Term shall be payable to upon the Landlord by same terms and conditions of the Tenant Lease, as described amended hereby, except that Monthly Fixed Rent during the Extension Terms shall be as set forth in Section 3.14 below. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen provide Landlord written notice of Tenant’s exercise of an Extension Option at least ninety (1890) months days prior to the expiration of the Current Extended Term or first Extension Term, written notice as applicable (eachsuch notice, an “Extension Notice”). Notwithstanding the foregoing or anything in the Lease to the contrary, should Tenant fail to timely provide an Extension Notice, Landlord will notify Tenant in writing that it has missed the deadline and Tenant shall have ten (10) days after receipt of its intention such notice from Landlord to exercise the applicable Renewal Termprovide Landlord with an Extension Notice. If Tenant decides fails to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in provide such Extension Notice the particular floors of the Project as to which Landlord within such ten (10)-day period, Tenant’s Extension Option (and any future Extension Option) will be terminated and Tenant is not exercising will be deemed to have waived its Extension Option. The Extension Options herein provided replace any option to renew, which election shall be within renew or extend the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Lease previously granted to Tenant in its sole discretion.
(b) The portion of under the Premises which Tenant elects to exclude from the Premises during Lease; any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the such previously granted option to renew or extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, is hereby null and void. Tenant’s right to exercise any Extension Option is subject to the option to extend condition that, on the Term or Renewal Termdate that Tenant delivers its Extension Notice, as Tenant is not in default under the case may be, for Lease beyond the expiration of any succeeding Renewal Term shall not apply to any portion applicable period of the Premises surrendered during any previous Renewal Termnotice and cure.
Appears in 1 contract
Options to Extend. So long as (a) Provided that no Event of Default shall have occurred and be continuing as of continuing, Tenant shall have the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew extend the initial Term for two (2) successive periods of five (5) years each (the "First Extension Term" or the "Second Extension Term," as the case may be, and collectively, the "Extension Terms") upon the same terms and conditions of this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence effect at the expiration of the Basic initial Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “First Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, except that the Minimum Annual Rent (not including Additional Rent) for any succeeding Renewal the Extension Terms shall be adjusted as set forth below (in each case, the "Rent Adjustment"). Tenant, if it elects to exercise either option to extend, shall do so by delivering written notice of such election to Landlord no later than one (1) year prior to the expiration of the initial Lease Term or the First Extension Term, as the case may be. Unless Landlord otherwise agrees in writing, Tenant's rights under this Section shall terminate if Tenant fails to timely and properly exercise either option to extend.
(b) The Rent Adjustment for the First Extension Term shall be an amount equal to the product obtained by multiplying the Minimum Annual Rent for the tenth (10th) lease year (not apply including Additional Rent) by one hundred and fifteen percent (115%). The Rent Adjustment for the Second Extension Term shall be determined as follows: Within twenty (20) days after receipt of Tenant's notice to any portion extend, Landlord shall send written notice to Tenant of the Premises surrendered "prevailing rental rate" (based upon market rent for premises of comparable size, age, quality and tenant finish improvements as are found in the Earth City/Riverport area to a tenant of similar credit standing as Tenant, excluding free rent and other concessions) (the "Rental Criteria") and shall advise Tenant of Landlord's proposed Rent Adjustment, if any. If Tenant disagrees with Landlord's determination of prevailing rental rates (based on the Rental Criteria) and such proposed Rent Adjustment, Tenant may, but only within forty- five (45) days after receipt of Landlord's notice, require by written notice to Landlord that determination of the prevailing rental rate (based on the Rental Criteria) and determination of the Rent Adjustment be made by appraisers. In such event, within ten (10) days thereafter, each party shall select an MAI appraiser (i) with at least ten (10) years experience in appraising commercial property and buildings in the Earth City/Riverport area comparable to the Leased Premises, and (ii) currently certified under the continuing education program of The Appraisal Institute, or its successor (any such appraiser meeting the foregoing requirements to be hereinafter called an "Appraiser"). The two Appraisers shall give their opinion of the prevailing rental rates (based on the Rental Criteria) within twenty (20) days after their retention. In no event, however, shall the Minimum Annual Rent in the Second Extension Term be less than the then Minimum Annual Rent payable by Tenant during the First Extension Term. In the event that the opinions of the two Appraisers differ and, after good faith efforts over the succeeding twenty (20) day period, the Appraisers cannot mutually agree, the Appraisers shall immediately and jointly appoint a third Appraiser with the qualifications specified above. The Minimum Annual Rent during the Second Extension Term shall be established by the third Appraiser based on the Rental Criteria; provided, however, that said Rent Adjustment shall not be greater than the initial high appraisal or be less than the initial low appraisal. Each party shall pay its own costs for its Appraiser and shall equally share the costs of any previous Renewal Termthird Appraiser. The parties shall immediately confirm the Rental Adjustment for the Second Extension Term in writing. The Minimum Monthly Rent during each Extension Term shall be an amount equal to one- twelfth (1/12) of the Minimum Annual Rent for each such Extension Term and shall be paid at the same time and in the same manner as provided in Section 3.01.
Appears in 1 contract
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the (a) Provided that Tenant an option to renew this Lease is not in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence default at the expiration time of the Basic Term and each other Renewal Term to commence exercise or at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Termextended term, the Tenant shall be required to renew the entire floor for each space subleased. The and otherwise has timely cured all defaults, then Tenant shall have no right 2 consecutive options to extend the Lease term for 5 years each (each, an "Extended Term"). In order to exercise such options, Tenant shall provide written notice ("Notice of Exercise") to Landlord of its election no later than 6 months before the end of the initial lease term (or first Extended Term). The exercise of such options to extend shall be for the entire Premises and shall be on the same terms and conditions as set forth in the Lease except the Base Rent shall be adjusted as set forth in Paragraph (b) below. The options provided in this Section 2.3 2.03 are personal to Tenant and Section 2.5. Annual Base Rent during each Renewal Term shall may not be payable to the Landlord exercised by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (any assignee or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretionsublessee.
(b) The portion of If Tenant exercises an extension right pursuant to Paragraph (a) above, the Premises which Tenant elects to exclude from initial Base Rent and the Premises during any periodic increases for the applicable Renewal Extended Term shall be vacated and surrendered by Tenant prior equal to the commencement market rent for a 5 year term for comparable space ("Fair Market Rent Schedule") but in no event shall the initial Base Rent be less than the Base Rent paid in Year 10 of the applicable Renewal Lease Term as provided (for the first Extended Term) or the Base Rent paid in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all Year 5 of the Premises then being leased, first Extended Term (for the second Extended Term). Tenant’s right to 's estimation of the Fair Market Rent Schedule shall be included with Tenant's option exercise notice. Landlord shall give Tenant notice of Landlord's estimation of Fair Market Rent Schedule ("Landlord's Value Notice") by the option to extend later of 20 days after receipt of Tenant's exercise notice or 6 months before the end of the initial Lease Term or Renewal first Extended Term, as the case may be. If there is a disagreement on the Fair Market Rent Schedule, the parties shall promptly meet to attempt to resolve their differences. If the differences are not resolved then either party may apply for any succeeding Renewal Term arbitration in accordance with the below paragraphs. If neither party applies for arbitration within 10 business days after receipt by Tenant of Landlord's Value Notice, Tenant shall be bound to the Fair Market Rent Schedule stated in Landlord's Value Notice. Should either party elect to arbitrate, and if the arbitration is not apply to any portion concluded before the commencement of the Premises surrendered applicable Extended Term, Tenant shall pay Monthly Base Rent to Landlord in an amount equal to the Fair Market Rent Schedule set forth in Landlord's Value Notice, until the Fair Market Rent Schedule is determined in accordance with the arbitration provisions hereof. If the Fair Market Rent Schedule as determined by arbitration differs from that stated in Landlord's Value Notice, then any adjustment required to correct the amount previously paid by Tenant shall be made by payment by the appropriate party within 30 days after the determination of Fair Market Rent Schedule by arbitration has been concluded, as provided herein. Tenant shall be obligated to make payment during any previous Renewal the entire Extended Term of the Monthly Base Rent determined in accordance with the arbitration procedures hereunder.
(c) If either party seeks arbitration of Fair Market Rent Schedule under the provisions hereof for the applicable Extended Term, the other party shall be bound to submit the matter for determination by arbitration. The arbitration shall be conducted and determined in the county where the Property is located.
(d) A party demanding arbitration hereunder shall make its demand in writing ("Demand Notice") within 10 business days after service of Landlord's Value Notice. A copy of the Demand Notice shall be sent to the President of the Real Estate Board for the county in which the Property
Appears in 1 contract
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to Tenant, two (2) options (the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal TermOptions”), each to extend the first Term for a five (5) year period (the “Renewal Term to commence at Terms”) after the expiration of the Basic Term and each other Renewal Term to commence at initial Lease Term, or after the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the initial Renewal Term, as the case may be. If exercised, and if the conditions applicable thereto have been satisfied, the Renewal Term shall commence immediately following the end of the initial Term or the initial Renewal Term, as the case may be. The Renewal Options herein granted to Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 subject to, and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described exercised in Section 3.1. The amount of Annual Base Rent for each Renewal Termaccordance with, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a1) Tenant may exercise a Renewal Option with respect to all or a portion of the then-current Premises so along as the same contains at least two (2) full contiguous floors in the Building. Each Renewal Option shall deliver be exercisable only by notice given by Tenant to Landlord, no less Landlord not later than eighteen nineteen (1819) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the initial Term or the initial Renewal Term, as the case may be.
(2) All terms and conditions of this Lease shall be applicable during each Renewal Term, including, but not limited to, those set forth in Section 5 hereof except that the amount of Rent charged for any succeeding each of the Renewal Term Terms shall not apply be equal to any ninety-five percent (95%) of the “Prevailing Market Rent” (as hereafter defined) for the portion of the Premises surrendered during any previous for which Tenant has exercised the subject Renewal Term.
(3) If Tenant’s notice is not given timely, then Tenant’s subject Renewal Option, and any subsequent Renewal Option, shall be of no further force or effect (it being agreed that time shall be of the essence in Tenant’s delivery of such notice of exercise of its Renewal Options to Landlord and that, if such notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Tenant’s failure to give such notice). If a Material Default exists at the time Tenant delivers to Landlord notice of Tenant’s exercise of a Renewal Option, then Landlord may elect to invalidate Tenant’s exercise of the subject Renewal Option by delivering notice to Tenant within five (5) business days after receipt of Tenant’s notice of exercise. If such invalidation notice (i) is timely and properly delivered by Landlord to Tenant in accordance with the terms of this Lease, (ii) describes the subject Material Default in reasonable detail, and (iii) states that Landlord has elected pursuant to that notice and the terms of this Section 45, to invalidate Tenant’s exercise of the subject Renewal Option, then Tenant’s notice of exercise of the subject Renewal Option shall be invalid; provided, however, such invalidation shall not prevent Tenant from later exercising any Renewal Option through the last day permitted for the same under this Section 45. If Landlord fails to timely and properly deliver notice of invalidation with respect to a prior exercise by Tenant of a Renewal Option, then Tenant’s prior exercise of such Renewal Option shall remain valid and in effect. It is agreed that time shall be of the essence in Landlord’s delivery of an invalidation notice to Tenant in accordance with the foregoing, and if any such notice is not so timely and properly delivered within the period specified above, Tenant will rely to its detriment on Landlord’s failure to give such notice.
(4) The term “Prevailing Market Rent” for purposes of this Lease shall mean what a willing, comparable, new, non-expansion, non-renewal, non-equity tenant would pay, and a willing landlord of a comparable building located within the Ballston, Virginia submarket would accept, at arm’s length, for a comparable amount of office space for a comparable period of time, in either case giving appropriate consideration to: (i) the age, condition and location of the Building; (ii) the annual rental rates per rentable square foot; (iii) the standard of measurement by which the rentable square footage is measured; (iv) the ratio of rentable square feet to usable square feet; (v) the type of escalation clauses (including, without limitation, type, base year and stop); (vi) the extent of building services; (vii) the extent of liability under the escalation clauses (e.g. whether determined on a “net lease” basis or by increases over a particular base year or base dollar amount); (viii) abatement provisions reflecting free rent and/or no rent during the period of construction or any other period during the lease term; (ix) brokerage commissions, if any, which would be payable by Landlord in a comparable transaction; (x) length of the lease term; (xi) size and location of space being leased; (xii) building standard work letter and/or tenant improvement allowances, if any; (xiii) other economic concessions, if any; (xiv) Tenant’s creditworthiness; and (xv) other general applicable conditions of tenancy for a comparable new transaction, so that Tenant will obtain the same rent and other economic benefits that Landlord would otherwise give to any comparable prospective tenant and so that Landlord will make the same economic payments and concessions that Landlord would otherwise make in a comparable new transaction. If, for example, after applying the criteria set forth above, comparable leases provide a new tenant with comparable space at Thirty Dollars ($30.00) per rentable square foot, with a Ten Dollars ($10.00) operating expense allowance, three (3) months at no rent to construct improvements, four (4) months free rent, Fifty Dollars ($50.00) per rentable square foot tenant improvement allowance, a “lease takeover” obligation in the amount of One Hundred Thousand Dollars ($100,000.00), a brokerage commission of Fifty Thousand Dollars ($50,000.00), and certain other generally applicable economic terms, the Prevailing Market Rent shall not be Thirty Dollars ($30.00) per rentable square foot only, but shall be the equivalent of Thirty Dollars ($30.00) per rentable square foot, a Ten Dollar ($10.00) operating expense allowance, three (3) months at no rent to construct improvements or three (3) months additional free rent in lieu of such construction period, an additional four (4) months free rent, Fifty Dollars ($50.00) per rentable square foot tenant improvement allowance or payment in lieu of such allowance, One Hundred Thousand Dollars ($100,000.00) cash payment in lieu of a lease takeover, Fifty Thousand Dollars ($50,000.00) cash payment in lieu of a brokerage commission (or, if a broker is retained by Tenant with respect to the subject space, a cash payment equal to the difference between Fifty Thousand Dollars ($50,000.00) and the commissions payable to Tenant’s broker), and the other generally applicable economic terms; provided, however, that in no event shall the foregoing example be deemed to state or imply any obligation on the part of Landlord to make any cash payment to Tenant or to provide any of the types of concessions set forth in such example.
Appears in 1 contract
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor incrementsa) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right two successive options to extend the Lease except Term for the Extension Terms set forth in Section 1.1, on the terms set forth below (the “First Extension Option” and the “Second Extension Option,” which shall collectively be referred to as provided in this Section 2.3 and Section 2.5the “Extension Option”). Annual Base Rent during The rental terms applicable with respect to each Renewal Extension Term shall be payable equal to ninety-five percent (95%) of the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) as determined as below). Tenant’s lease of the commencement Premises during the Extension Terms shall, exclusive of each Renewal Term during the economic terms hereof that are superseded by such period. If terms as established in connection with the Landlord and determination of the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to of the commencement Premises, be on all of such Renewal the terms and conditions of this Lease in effect on the last day of the expiring Term, such Fair Market Rental Value provided that in any event, Tenant shall be determined by the Appraisal Procedure. Any have no option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to Term beyond the expiration end of the Current second Extension Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion If Tenant wishes to exercise the First Extension Option, Tenant shall give Landlord notice of its election to so extend the Premises which Term (“Extension Exercise Notice’) not later than May 31, 2016. So long as Tenant elects has extended the Term to exclude from include the Premises during any applicable Renewal Term first Extension Term, then if Tenant wishes to exercise the Second Extension Option, Tenant shall be vacated and surrendered give Landlord an Extension Exercise Notice not later than November 30, 2021. Failure by Tenant prior timely to send an Extension Exercise Notice under this paragraph (b) shall constitute an irrevocable waiver of Tenant’s right to extend the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereofTerm.
(c) If Tenant shall request in writing, no sooner than February 29, 2016 and no later than March 31, 2016 with respect to the first Extension Term, and no sooner than August 31, 2021 and no later than September 30, 2021 with respect to the second Extension Term, that Landlord deliver its estimate of ninety-five percent (95%) of the Fair Market Rental Value of the Premises for what would be the upcoming Extension Term (assuming Tenant elects to exercise the Extension Option), then Landlord shall furnish Tenant with Landlord’s estimate as aforesaid, within thirty days after such request from Tenant.
(d) If Tenant timely exercises the First Extension Option under paragraph (b) above, but the parties do not agree on the rental terms pertaining to the Premises for the first Extension Term on or before June 30, 2016, or if Tenant timely exercises the Second Extension Option under paragraph (b) above, but the parties do not agree on the rental terms pertaining to the Premises for the second Extension Term on or before December 31, 2021, then either party may initiate the arbitration procedure set forth in Section 2.8 by giving notice to the other. The failure by the parties to complete the process contemplated under Section 2.8, prior to commencement of the applicable Extension Term, shall not affect the continuation of the Term or the parties’ obligation to make any adjustments for any overpayments or underpayments for the Annual Base Rent due for the Extension Term promptly after the determination thereof is made.
(e) If Tenant shall exercise the Extension Option in accordance with this Section 2.4, the provisions of this Section shall be self-operative, but upon request by either party after determination of the Annual Base Rent and Inducements (if any) for the applicable Extension Term, the parties shall execute an agreement specifying the Annual Base Rent and Inducements, as defined in Section 2.8 (if any), for the applicable Extension Term, and acknowledge the extension of the Term.
(f) Notwithstanding any provision of this Section to the contrary, Tenant’s option to extend the Term for a subsequent Renewal Term with respect to less than all of shall be void, at Landlord’s election, if Tenant is in default hereunder, after any applicable notice and cure periods have expired, at the Premises then being leased, Tenant’s right to exercise the option time Tenant elects to extend the Term or Renewal Term, as at the case may be, time the Term would expire but for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Termsuch extension.
Appears in 1 contract
Sources: Lease Agreement (Digitas Inc)
Options to Extend. So long as Provided no Event of Default shall have under this Lease has ----------------- occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in partis continuing, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no the right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the option, exercisable by giving Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises written notice at least nine (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (189) months prior to the expiration of the Current then current Lease Term, written notice to extend the Lease Term for two (2) additional periods of five (5) years each (each, an “Extension Notice”"Extended Term") and, upon the giving of its intention such notice, this Lease shall automatically be extended for such five (5) year periods and no further agreement of extension need be executed. In the event that Tenant fails to exercise give such notice to Landlord as herein provided, this Lease shall automatically terminate at the applicable Renewal end of the then current Lease Term and Tenant shall have no further right or option to extend this Lease. Each Extended Term shall be upon the same covenants, agreements, provisions, terms and conditions as during the original Lease Term except that the Annual Fixed Rent during each Extended Term shall equal the Fair Market Rent for the Leased Premises. The "Fair Market Rent" for the Leased Premises shall mean the rent for comparable space in a Class A mid-rise building in upper Bucks County for a new tenant entering into a new five (5) year lease and with the Operating Expense Allowance being adjusted to reflect the expense allowance used in calculating the Fair Market Rent. At least twelve (12) months prior to the expiration of the then current Lease Term, Tenant may request Landlord to quote the Fair Market Rent effective for the first day of the Extended Term. If Tenant decides objects thereto, Landlord and Tenant shall negotiate for a period of thirty (30) days to renew determine whether the Current Term as Fair Market Rent can be agreed upon. In the event Landlord and Tenant cannot agree on the Fair Market Rent within such thirty (30) day period, Landlord and Tenant shall mutually select a real estate appraiser (MAI or equal) knowledgeable of rents obtained in Class A mid-rise office buildings in upper Bucks County, Landlord shall submit to less than all of such appraiser the Premises then being leasedlowest Annual Fixed Rent which Landlord is willing to accept, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option together with any information with respect thereto that Landlord deems relevant and Tenant shall submit to less than all of such appraiser the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to highest Annual Fixed Rent which Tenant is not exercising its option willing to renewpay, together with any information with respect thereto that Tenant deems relevant, and the appraiser will then select which election of Landlord's or Tenant's submissions most clearly reflect the Fair Market Rent for Class A mid-rise office buildings in upper Bucks County for new leases for a five (5) year term as aforesaid. The appraiser's decision shall be rendered within forty-five (45) days following his selection and to determine the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion Fair Market Rent of the Leased Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term as aforesaid. Such determination shall be vacated final, binding and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereofconclusive on Landlord and Tenant.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.
Appears in 1 contract
Options to Extend. So long as (a) Grant and Exercise of Option. Provided that (i) no Event default has occurred and is then continuing, and (ii) Tenant originally named herein or its Permitted Transferee remains in possession of Default the Leased Premises, Tenant shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this extend the Lease in whole or in part Term for two (if in part, in full floor increments2) for four successive terms additional periods of five (5) years each (each a “Renewal an "Extension Term”"). Each Extension Term shall be upon the same terms and conditions contained in the Lease except (x) this provision giving two (2) extension options shall be amended to reflect the remaining options to extend, if any, (y) any improvement allowances or other concessions applicable to the first Renewal Term Leased Premises under the Lease shall not apply to commence at the expiration of Extension Term, and (z) the Basic Term and Minimum Annual Rent shall be adjusted as set forth below (the "Rent Adjustment"). Tenant shall exercise each other Renewal Term option by delivering to commence at Landlord, no later than one hundred eighty (180) days prior to the expiration of the preceding Renewal Term; provided that in the event any portion term, written notice of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right Tenant's desire to extend the Lease except as provided in this Section 2.3 and Section 2.5Term. Annual Base Rent during each Renewal Term Tenant's failure to timely exercise such option shall be payable to deemed a waiver of such option and any succeeding option. Landlord shall notify Tenant of the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base the Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises Adjustment no later than ninety (or the portion thereof90) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal the Extension Term, such Fair Market Rental Value . Tenant shall be determined by deemed to have accepted the Appraisal Procedure. Any option Rent Adjustment if it fails to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen Landlord a written objection thereto within five (185) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Termbusiness days after receipt thereof. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant properly exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renewextend, which election Landlord and Tenant shall be within execute an amendment to the parameters set forth Lease (or, at Landlord's option, a new lease on the form then in subparagraphs (buse for the Building) reflecting the terms and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion conditions of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Extension Term shall be vacated and surrendered by Tenant prior to the commencement within thirty (30) days after Tenant's acceptance (or deemed acceptance) of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereofRent Adjustment.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.
Appears in 1 contract
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to (a) If the Tenant an option to renew this is not then in default under the Lease and has not been in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), recurrent default under the first Renewal Term to commence at Lease during the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew have the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable on written request delivered to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen six (186) months prior to the expiration expiry of the Current initial Term to extend the Term for the Building Premises for one(1) further period of ten (10) years ( THE "FIRST EXTENSION TERM") after the expiry of the initial Term, written notice on the same terms and conditions as set out in the Lease, save and except for any further option to extend and Base Rent for the Building Premises. The Base Rent payable during such Ten (each10) year extension shall be the then current market rent for comparable unfixtured space in the vicinity of the Building and with similar exposure to Highway 400. If the parties are unable to agree on the Base Rent for the extended Term within ninety (90) days prior to the expiry date of the then current Term, an “Extension Notice”the Tenant shall have the right to submit the issue of the amount of the Base Rent payable during such first extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent shall in any event be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of its intention to exercise the applicable Renewal Term. If The costs of such arbitration shall be borne equally by both parties. The Tenant decides to renew shall execute an extension agreement incorporating the Current Term as to less than all terms and conditions of such extension, which may be in the form of the Premises Landlord's then being leased, then current Lease for the Building. If the Tenant must indicate in fails or neglects to submit the Extension Notice that Tenant exercises its renewal option with respect to less than all issue of the Premises then being leased and shall specify in Base Rent payable during such Extension Notice first extension to arbitration within the particular floors of aforesaid ninety (90) days, the Project as to which Tenant is not exercising its option to renew, which election shall be within deemed for all purposes of this Lease to have accepted the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined Base Rent stipulated by Tenant in its sole discretionthe Landlord.
(b) The portion If the Tenant has exercised the right to the first extension of the Term as aforesaid and is not then in default under the Lease and has not been in recurrent default under the Lease during the first extension of the Term, the Tenant shall have the right on written request delivered to the Landlord not less than six (6) months prior to the expiry of the first extension Term to extend the Term for the Building Premises for one (1) further period of ten(10) years ( the "SECOND EXTENSION TERM") on the same terms and conditions, save and except for any further option to extend and Base Rent, which Tenant elects to exclude from the Premises shall be negotiated. The Base Rent payable during any applicable Renewal such second extension Term shall be vacated the then current market rent for comparable unfixtured space in the vicinity of the Building and surrendered by Tenant with similar exposure to Highway 400. If the parties are unable to agree on the Base Rent for the second extension Term within ninety( 90) days prior to the commencement expiry date of the applicable Renewal first extension Term, the Tenant shall have the right to submit the issue of the amount of Base Rent payable during such second extension Term as provided to arbitration in Article 20 hereofaccordance with the Arbitrations Act, subject1991 (Ontario). The Base Rent in any event shall be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of the first extension Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions of such extension, howeverwhich may be in the form of the Landlord's then current Lease for the Building. If the Tenant fails or neglects to submit the issue of the Base Rent payable during such second extension Term to arbitration within the aforesaid ninety (90) days, the Tenant shall be deemed for all purposes of this Lease to have accepted the holdover provisions of Article 21 hereofBase Rent stipulated by the Landlord.
(c) If the Tenant is not then in default under the Lease and has not been in recurrent default under the Lease during the Term, the Tenant shall exercise have the right on written request delivered to the Landlord not less than six (6) months prior to the expiry of the initial Term for the Land Area, to extend the Term for the Land Area for one(1) further period of ten (10) years ( THE " FIRST EXTENSION TERM") after the expiry of the initial Term, on the same terms and conditions as set out in the Lease, save and except for any further option to extend and Base Rent. The Base Rent payable during such Ten (10) year extension shall be the then current market rent for comparable unfixtured space in the vicinity of the Building and with similar exposure to Highway 400.If the parties are unable to agree on the Base Rent for the extended Term within ninety ( 90) days prior to the expiry date of the then current Term, the Tenant shall have the right to submit the issue of the amount of the Base Rent payable during such first extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent shall in any event be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of the Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions of such extension, which may be in the form of the Landlord's then current Lease for the Building. If the Tenant fails or neglects to submit the issue of the Base Rent payable during such first extension Term to arbitration within the aforesaid ninety (90) days, the Tenant shall be deemed for all purposes of this Lease to have accepted the Base Rent stipulated by the Landlord. The Tenant's option to extend the Term for a subsequent Renewal the Land Area beyond the initial Term with respect is conditional on the Landlord obtaining consent under the Planning Act, (Ontario) to extend the term of the Lease for the Land Area beyond the initial Term thereof. If the Landlord does not obtain such consent, the Lease for the Land Area shall terminate on the last day of the initial Term for the Land Area. All costs and expenses for related to the obtaining such consent under the Planning Act (Ontario) shall be borne by the Tenant, including , without limitation, all legal fees and disbursements in connection therewith.
(d) If the Tenant has exercised the right to the first extension of the Term for the Land Area and the Landlord has obtained the consent for such extension required under the Planning Act, Ontario as aforesaid and the Tenant is not then in default under the Lease and has not been in recurrent default under the Lease during the first extension of the Term, the Tenant shall have the right on written request delivered to the Landlord not less than all six (6) months prior to the expiry of the Premises first extension Term to extend the Term for the Land Area for one (1) further period of fifteen(15) years ( the "SECOND EXTENSION TERM") on the same terms and conditions, save and except for any further option to extend and Base Rent, which shall be negotiated. The Base Rent payable during such second extension Term shall be the then being leasedcurrent market rent for comparable unfixtured space in the vicinity of the Building and with similar exposure to Highway 400. If the parties are unable to agree on the Base Rent for the second extension Term within ninety (90) days prior to the expiry date of the first extension Term, Tenant’s the Tenant shall have the right to exercise submit the issue of the amount of Base Rent payable during such second extension Term to arbitration in accordance with the Arbitrations Act, 1991 (Ontario). The Base Rent in any event shall be not less than the Base Rent paid by the Tenant in the twelve (12) months immediately preceding the expiry date of the first extension Term. The costs of such arbitration shall be borne equally by both parties. The Tenant shall execute an extension agreement incorporating the terms and conditions of such extension, which may be in the form of the Landlord's then current Lease for the Building. If the Tenant fails or neglects to submit the issue of the Base Rent payable during such second extension Term to arbitration within the aforesaid ninety (90) days, the Tenant shall be deemed for all purposes of this Lease to have accepted the Base Rent stipulated by the Landlord. The option provided in Section 1.6(c) hereof to extend the Term for the Land Area is conditional on and can only be exercised by the Tenant if the Tenant has exercised the option to extend the term for Building Premises pursuant to Section 1.6(a). The option provided in Section 1.6(d) hereof to extend the Term or Renewal Term, as for the case may be, Land Area is conditional on and can only be exercised by the Tenant if the Tenant has exercised the option to extend the term for any succeeding Renewal Term shall not apply Building Premises pursuant to any portion of the Premises surrendered during any previous Renewal TermSection 1.6(b).
Appears in 1 contract
Sources: Lease Agreement (Beaconsfield I Inc)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required All existing options to renew the entire floor for each space subleased. The Tenant shall have no right Lease or extend the Term set forth in the Lease are deleted, and are replaced with the option to extend the Lease except as provided Term set forth in the balance of this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:Paragraph 4.
(a) Tenant shall deliver have the option to Landlordextend the Term for one (1) additional period of five (5) years, no less than eighteen provided that Tenant gives Landlord written notice of the exercise of such option on or before the date that is twelve (1812) months prior to the expiration of the Current then-existing period constituting the Term, written and that at the time such notice is given and on the commencement of the extension term concerned, (eachi) this Lease is in full force and effect, an “Extension Notice”(ii) Tenant is not in default under the Lease beyond the expiration of its intention any applicable notice and cure period given to exercise Tenant in the applicable Renewal Term. If Lease, (iii) Tenant decides to renew the Current Term as to less than has not assigned this Lease or subleased all or any portion of the Premises then under any then-existing sublease, and (iv) such extension is not being leased, then Tenant must indicate exercised in connection with or for the Extension Notice that Tenant exercises its renewal option with respect to less than all purpose of facilitating any such assignment or sublease. Such extension term shall commence at 12:01 a.m. on the first day following the expiration of the Premises then being leased and shall specify in such Extension Notice immediately preceding period constituting the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretionTerm.
(b) The portion During such extension term, all provisions of the Lease shall apply, except for any provision relating to the improvement of the Premises which Tenant elects to exclude from by Landlord or at Landlord’s expense, and except that the Premises during any applicable Renewal Term amount of Base Rent for such extension term shall be vacated negotiated and surrendered determined by Tenant prior mutual agreement between the Parties, and shall be the then-market rent for the Premises. The term “then-market rent” as used in the immediately preceding sentence shall mean the annual amount, projected during such extension term, that a willing, comparable, non-equity tenant (excluding assignment and sublease transactions) would pay, and a willing, comparable landlord of a comparable building located in the same market as the Building would accept, at arm’s length (without compulsion to agree) for lease extensions or renewals (including what Landlord is accepting for current lease extension or renewal transactions for the commencement Building), for general office space of the applicable Renewal Term as provided in Article 20 hereofsimilar rentable square footage, subjectlocation and quality, howeverbut excluding consideration of tenant improvement allowances and lease concessions, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises if any, then being leased, Tenant’s right to exercise given by the option to extend the Term landlords of such similar projects unless such tenant improvement allowances and lease concessions are then being given by such persons in connection with lease extensions or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Termrenewals.
Appears in 1 contract
Options to Extend. So long as no Event (a) Tenant with the prior written consent of Default Landlord, which consent shall have occurred and not be continuing as unreasonably withheld, may extend the original Term of this Lease, subject to all the exercise provisions of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease including but not limited to provisions for increases in whole or in part Rent, for one (if in part1) additional period of ten (10) years, in full floor incrementsfollowed by six (6) for four successive terms additional periods of five (5) years each, each (each a “Renewal Term”), the first Renewal Term to commence at such period commencing upon the expiration of the Basic Term and each other Renewal Term to commence at the expiration term of the immediately preceding Renewal Term; provided that period. With respect to each such extended term, Tenant shall give Landlord written notice (in the event any portion manner prescribed by Section 18.6) of Tenant's intention to exercise said option not more than thirty (30) months and not less than twenty four (24) months before the end of the Premises is subject Term then in effect. Within sixty (60) days after Landlord's receipt of said notice, Landlord shall advise Tenant in writing whether Landlord consents or does not consent to subleases such extended term. If Landlord does not consent to such extended term, Landlord's written notice shall state the reasons for withholding consent. Landlord's failure to respond within sixty (60) days after its receipt of Tenant's notice of intention to exercise its option shall be deemed to be a grant of consent. If Landlord does not consent to such extended term, then such refusal shall be considered to be Landlord's notice to terminate this Lease as provided below at Section 4.5, Landlord's Special Right of Termination, and Tenant may exercise those rights provided to Tenant by said Section 4.5. After the commencement valid exercise of any option to extend, all references in this Lease to the Term hereof shall be considered to mean the Term as extended, and all references to the end of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable considered to mean the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value end of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretionextended.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s 's right to exercise the option to extend for each period is subject to satisfaction of the following conditions precedent: (i) this Lease shall be in effect at the time notice of exercise of an option to extend is given and on the last day of the Term or Renewal Term, as of the case may be, for any succeeding Renewal Term Lease prior to its extension; and (ii) Tenant shall not apply to be in Default under any portion provision of this Lease at the time notice of exercise of the Premises surrendered during any previous Renewal Termoption is given nor shall an Uncured Default exist as of the last day of the Term prior to its extension.
Appears in 1 contract
Sources: Ground Sublease (Minimed Inc)
Options to Extend. So long as no Event of Default (a) Borrower shall have occurred and be continuing as the option to extend (the “First Option to Extend”) the term of the exercise Loan from the Original Maturity Date (for purposes of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in partSection, in full floor increments) for four successive terms of five years each (each a “Renewal TermOriginal Maturity Date”), to the first Renewal Term to commence at the expiration First Extended Maturity Date, upon satisfaction of each and every one of the Basic Term and each other Renewal Term following conditions precedent in Lender’s discretion:
(i) Borrower shall provide Lender with written notice of Borrower’s request to commence at exercise the expiration of the preceding Renewal Term; provided that First Option to Extend in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except form attached hereto as provided in this Section 2.3 Exhibit C not less than thirty (30) days and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises not more than one hundred twenty (or the portion thereof120) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of Original Maturity Date (which notice may be revoked by Borrower on or before the Original Maturity Date; provided Borrower shall pay all costs and expenses incurred by Lender in connection with such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option notice to extend shall be subject to the following additional terms and conditions:extend).
(aii) Tenant shall deliver to LandlordAs of the Original Maturity Date, no less than eighteen Default shall exist, and to Borrower’s knowledge no event or condition which, with the giving of notice or the passage of time or both, would constitute a Default shall exist, and Borrower shall so certify in writing.
(18iii) months prior to Borrower shall execute or cause the expiration execution of the Current Term, written notice (each, an “Extension Notice”) of its intention all documents reasonably required by Lender to exercise the applicable Renewal Term. First Option to Extend.
(iv) [intentionally omitted].
(v) If Tenant decides required by Lender, at Borrower’s sole cost and expense, the issuance by the Title Company, and Lender’s receipt, of any endorsements deemed necessary by Lender for attachment to renew the Current Term as to less than all Title Policy, insuring the priority and validity of the Premises then being leasedSecurity Instrument.
(vi) Borrower shall have delivered evidence reasonably satisfactory to Lender that as of the Original Maturity Date the Property has achieved a Debt Yield of at least 8.0%; provided, however, in the event such required minimum Debt Yield is not achieved, then Tenant must indicate Borrower shall either (i) pay down the outstanding principal balance of the Loan by an amount (the “First Extension Debt Yield Shortfall Amount”) such that said minimum Debt Yield is met, or (ii) deliver to Lender an Acceptable Letter of Credit in a stated amount equal to the First Extension Debt Yield Shortfall Amount. Any principal balance reduction shall reduce Lender’s commitment by a like amount and may not be re-borrowed.
(vii) Lender shall have received, at Borrower’s sole expense, a written appraisal prepared in conformance with the requirements of FIRREA, as well as any other applicable rules and/or regulations from any and all applicable governmental authorities (subject to review and adjustment by Lender consistent with Lender’s standard practices), confirming to the satisfaction of Lender that the Loan-to-Value Percentage, as of the Original Maturity Date, does not exceed fifty-nine percent (59.0%); provided, however, in the Extension Notice that Tenant exercises its renewal option with respect event such fair market value is not adequate to less than all meet the required Loan-to-Value Percentage, then Borrower shall either (i) pay down the outstanding principal balance of the Premises then being leased and shall specify Loan by an amount (the “First Extension Loan-to-Value Rebalance Amount”) such that said Loan-to-Value Percentage is met or (ii) deliver to Lender an Acceptable Letter of Credit in a stated amount equal to the First Extension Loan-to-Value Rebalance Amount. The valuation date of such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election appraisal shall be within ninety (90) days of the parameters set forth Original Maturity Date. Any principal balance reduction shall reduce Lender’s commitment by a like amount and may not be re-borrowed.
(viii) On or before the Original Maturity Date, Borrower shall pay to Lender an extension fee in subparagraphs the amount of 0.25% of the total commitment amount of the Loan, in immediately available funds.
(bix) Borrower shall have delivered to Lender an updated Property Condition Report for the Property in form reasonably acceptable to Lender.
(x) Guarantor shall be in compliance with the Guarantor Financial Covenants. Except as modified by this First Option to Extend, the terms and (c) below, but conditions of this Agreement and the other Loan Documents as modified and approved by Lender shall otherwise be determined by Tenant remain unmodified and in its sole discretionfull force and effect.
(b) The portion Borrower shall have a second option to extend (the “Second Option to Extend”) the term of the Premises which Tenant elects to exclude Loan from the Premises during any applicable Renewal Term First Extended Maturity Date, to the Second Extended Maturity Date, upon satisfaction of each and every one of the following conditions precedent in Lender’s discretion:
(i) Borrower shall be vacated provide Lender with written notice of Borrower’s request to exercise the Second Option to Extend in the form attached hereto as Exhibit C not less than thirty (30) days and surrendered by Tenant not more than one hundred twenty (120) days prior to the commencement First Extended Maturity Date (which notice may be revoked, by Borrower on or before the First Extended Maturity Date; provided Borrower shall pay all costs and expenses incurred by Lender in connection with such notice to extend).
(ii) As of the date the First Extended Maturity Date, no Default shall exist, and to Borrower’s knowledge, no event or condition which, with the giving of notice or the passage of time or both, would constitute a Default shall exist, and Borrower shall so certify in writing.
(iii) Borrower shall execute or cause the execution of all documents reasonably required by Lender to exercise the Second Option to Extend.
(iv) Lender shall have received, at Borrower’s sole expense, a written appraisal prepared in conformance with the requirements of FIRREA, as well as any other applicable Renewal Term rules and/or regulations from any and all applicable governmental authorities (subject to review and adjustment by Lender consistent with Lender’s standard practices), confirming to the satisfaction of Lender that the Loan-to-Value Percentage, as provided in Article 20 hereofof the First Extended Maturity Date, subjectdoes not exceed fifty-nine percent (59.0%); provided, however, in the event such fair market value is not adequate to meet the required Loan-to-Value Percentage, then Borrower shall either (i) pay down the outstanding principal balance of the Loan (the “Second Extension Loan-to-Value Rebalance Amount”) such that said Loan-to-Value Percentage is met or (ii) deliver to Lender an Acceptable Letter of Credit in a stated amount equal to the holdover provisions Second Extension Loan-to-Value Rebalance Amount The valuation date of Article 21 hereofsuch appraisal shall be within ninety (90) days of the First Extended Maturity Date. Any principal balance reduction shall reduce Lender’s commitment by a like amount and may not be re-borrowed.
(cv) If Tenant shall exercise required by Lender, at Borrower’s sole cost and expense, the option issuance by the Title Company, and Lender’s receipt, of any endorsements deemed necessary by Lender for attachment to extend the Term for a subsequent Renewal Term with respect to less than all Title Policy, insuring the priority and validity of the Premises then being leased, Tenant’s right Security Instrument.
(vi) Borrower shall have delivered evidence reasonably satisfactory to exercise the option to extend the Term or Renewal Term, Lender that as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal TermFirst Extended Maturity Date the Property has achieved a Debt Yield of at least 8.25%; provided, however, in the event such required minimum Debt Yield is not achieved, then Borrower shall (i) pay down the outstanding principal balance of the Loan by an amount (the “Second Extension Debt Yield Shortfall Amount”) such that said minimum Debt Yield is met, or (ii) deliver to Lender an Acceptable Letter of Credit in a stated amount equal to the Second Extension Debt Yield Shortfall Amount Any principal balance reduction shall reduce Lender’s commitment by a like amount and may not be re-borrowed.
(vii) On or before the First Extended Maturity Date, Borrower shall pay to Lender an extension fee in the amount of 0.25% of total commitment amount of the Loan, in immediately available funds.
(viii) Guarantor shall be in compliance with the Guarantor Financial Covenants. Except as modified by this Second Option to Extend, the terms and conditions of this Agreement and the other Loan Documents as modified and approved by Lender shall remain unmodified and in full force and effect.
Appears in 1 contract
Sources: Term Loan Agreement (Invesco Real Estate Income Trust Inc.)
Options to Extend. 15.1 So long as no Event Trident Microsystems, Inc. is the Tenant hereunder and occupies a material portion of Default the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant shall have occurred and be continuing as one option to extend the term of this Lease with respect to the entirety of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) Premises for four successive terms a period of five (5) years each (each a “Renewal Term”), the first Renewal Term to commence at from the expiration of the Basic Lease Term and each other Renewal Term to commence at (the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term"Extension Period"), the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) The option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant shall deliver to Landlord, no not less than eighteen one hundred eighty (18180) months days prior to the expiration of the Current Lease Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.;
(b) The Anything herein to the contrary notwithstanding, if Tenant is in default beyond all applicable notice and cure periods under any of the terms, covenants or conditions of this Lease, either at the time Tenant exercises the extension option or on the commencement date of the Extension Period, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate such option to extend upon notice to Tenant.
15.2 In the event the option is exercised in a timely fashion, the Lease shall be extended for the term of the Extension Period upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for the Extension Period shall be the "Fair Market Rent" for the Leased Premises, increased after 12 months in accordance with Article 1. For purposes hereof, "Fair Market Rent" shall mean the base rent for the Premises, based upon the rental rate per square foot that an unaffiliated landlord and tenant would agree to for a lease on the terms of this Lease for the Extension Period for comparable premises in the vicinity of the Property, determined pursuant to the process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the Base Monthly Rent for the Premises below the amount due from Tenant for the preceding portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the initial Lease Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Termwhich Base Monthly Rent had been fixed.
Appears in 1 contract
Sources: Lease (Trident Microsystems Inc)
Options to Extend. 15.1 So long as no Event Active Touch, Inc. is the Tenant hereunder and occupies the entirety of Default the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant shall have occurred and be continuing as one option to extend the term of this Lease with respect to the entirety of the exercise Premises, for a period of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part three (if in part, in full floor increments3) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at from the expiration of the Basic Lease Term and each other Renewal Term to commence at (the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term"Extension Period"), the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) The option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant shall deliver to Landlord, no not more than twelve months nor less than eighteen (18) seven months prior to the expiration of the Current Lease Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.;
(b) The portion Anything herein to the contrary notwithstanding, if Tenant is in default under any of the Premises which terms, covenants or conditions of this Lease, either at the time Tenant elects to exclude from exercises the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to extension option or on the commencement date of the applicable Renewal Term as Extension Period, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in Article 20 hereofthis Lease, subject, however, the right to the holdover provisions of Article 21 hereofterminate such option(s) to extend upon notice to Tenant.
(c) If Tenant shall exercise In the event the option to extend is exercised in a timely fashion, the Term Lease shall be extended for a subsequent Renewal Term with respect to less than the term of the Extension Period upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for the Extension Period shall be ninety-five percent (95%) of the "Fair Market Rent" for the Leased Premises, increased annually as set forth below. For purposes hereof, "Fair Market Rent" shall mean the Base Monthly Rent determined pursuant to the process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the Base Monthly Rent for the Leased Premises then being leased, Tenant’s right to exercise below the option to extend amount due from Tenant for the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any preceding portion of the Premises surrendered initial Lease Term for which Base Monthly Rent had been fixed. At the end of the first 12-month period of the extension Period, Base Monthly Rent shall be increased to reflect the change in the Consumer Price Index for the San Francisco Metropolitan Area, All Items (the "CPI"), for the 12-month period ending 11 months after the Lease Commencement Date, but in no event shall Base Monthly Rent be increased less than 3% per annum compounded annually nor more than 5% per annum compounded annually for such 12 month period. Base Monthly Rent shall be so adjusted at the end of each subsequent 12-month period during any previous Renewal Termthe Extension Period.
Appears in 1 contract
Sources: Lease Agreement (Webex Inc)
Options to Extend. So long as Provided no Event of Default under this Lease has occurred and is CONTINUING, TENANT shall have occurred the right and be continuing as of the exercise of the Renewal Term option specified herein the option, exercisable by giving Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part written notice at least nine (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (189) months prior to the expiration of the Current initial Term, written to to extend the Lease Term for one (1) additional period of four (4) years (the "Extended Term") and, upon the giving of such notice, this Lease shall automatically be extended for such four (4) year period and no further agreement of extension need be executed. In the even that Tenant fails to give such notice to Landlord as herein provided, this Lease shall automatically terminate at the end of the then current Lease Term and Tenant shall have no further right or option to extend this Lease. The Extended Term shall be upon the same covenants, agreements, provisions, terms and conditions as during the original Lease Term except that the Annual Fixed Rent during the Extended Term shall equal the Fair Market Rent for the Leased Premises, but not less than the aggregate rent paid during the last year of the initial Term. The "Fair Market Rent" for the Leased Premises shall mean the rent for comparable space in a Class A mid-rise building in lower Bucks County for a new tenant entering into a new four (each4) year lease and with the Operating Expense Allowance being adjusted to reflect the expense allowance used in calculating the Fair Market Rent. At least nine (9) months prior to the expiration of the then current Lease Term, an “Extension Notice”) Tenant may request Landlord to quote the Fair Market Rent effective for the first day of its intention to exercise the applicable Renewal Extended Term. If Tenant decides objects thereto, Landlord and Tenant shall negotiate for a period of thirty (30) days to renew determine whether the Current Term as Fair Market Rent can be agreed upon. In the event Landlord and Tenant cannot agree on the Fair Market Rent within such thirty (30) day period, Landlord and Tenant shall mutually select a real estate appraiser (MAI or equal) knowledgeable of rents obtained in Class A mid-rise office buildings in lower Bucks County, Landlord shall submit to less than all of such appraiser the Premises then being leasedlowest Annual Fixed Rent which Landlord is willing to accept, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option together with any information with respect thereto that Landlord deems relevant and Tenant shall submit to less than all of such appraiser the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to highest Annual Fixed Rent which Tenant is not exercising its option wining to renewpay, together with any information with respect thereto that Tenant deems relevant, and the appraiser will then select which election of Landlord's or Tenant's submissions most clearly reflect the Fair Market Rent for Class A mid-rise office buildings in lower Bucks County for new leases for a four (4) year term as aforesaid. The appraiser's decision shall be rendered within forty-five (45) days following his selection and to determine the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion Fair market rent of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term leased premises as aforesaid. Such determination shall be vacated final, binding and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereofor conclusive on Landlord and Tenant.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.
Appears in 1 contract
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The 2.4.1 Tenant shall have no the right to extend the Lease except as Term (each an “Option to Extend”) for two (2) five-year periods (each an “Extended Term”), provided Tenant is not in this Section 2.3 Default at the time of exercise and Section 2.5. Annual Base Rent during each Renewal at the time the Extended Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount commences of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value any of the Premises (or the portion thereof) determined as terms, covenants and conditions of the commencement Lease and has provided Landlord with written notice of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option its intention to extend shall be subject to the following additional terms and conditions:
Lease not later than twelve (a12) Tenant shall deliver to Landlord, no less months nor earlier than eighteen fifteen (1815) months prior to the expiration of the Current Lease Term. The right to extend for the second Extended Term shall be of no force or effect if the Option to Extend for the first Extended Term has not been validly exercised. The Base Rent during each Extended Term shall be the fair market rent (defined below) for the Premises. Within thirty (30) days of Tenant’s exercise of the Option to Extend, written notice (each, an “Extension Notice”) Landlord shall notify Tenant in writing of its intention to exercise Landlord’s determination of fair market rent and the Base Rent proposed during the applicable Renewal Extended Term. The Base Year for the applicable Extended Term shall be changed to the calendar year during which the applicable Extended Term commences (or the following calendar year if the Extended Term commences in the last quarter of a calendar year), and fair market rent shall take that change into account. If Tenant decides to renew the Current Term as to less than all does not agree with Landlord’s proposal, Tenant shall so notify Landlord in writing within thirty (30) days after receipt of the Premises then being leasedproposal from Landlord. In the event that Landlord and Tenant are unable to agree in writing upon fair market rent within fifteen (15) days after Tenant shall have notified Landlord in writing that Tenant disagrees with such determination, then Tenant must indicate in within five (5) days after the Extension Notice that Tenant exercises its renewal option with respect expiration of such 15-day period, the parties shall deliver to less than all each other concurrently at a mutually agreeable place and time their respective final written estimates of fair market rent (including applicable annual increases). If each party’s estimate of fair market rent is the same, then the fair market rent shall equal such estimate. If both parties’ final estimates of fair market rent are within a ten percent (10%) range of the Premises higher final estimate, then being leased and fair market rent shall specify in such Extension Notice equal the particular floors average of the Project as to which Tenant is not exercising its option to renewtwo (2) final estimates. In every other case, which election fair market rent, based on the two (2) final estimates, shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant arbitration as provided below in its sole discretion.
(b) The portion Section 2.4.2. Should the determination of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall fair market rent not be vacated and surrendered by Tenant completed or agreed upon prior to the commencement of an Extended Term, Tenant shall, commencing on the first (1st) day of the applicable Renewal Term Extended Term, and continuing until the fair market rent is determined under Section 2.4.2, pay as Base Rent commencing on the first (1st) day of the applicable Extended Term, an amount equal to Landlord’s final determination of the fair market rent. If after the fair market rent is determined under Section 2.4.2, the fair market rent is less than the amount of Base Rent previously paid by Tenant for the Premises for the applicable Extended Term, Landlord shall pay the difference to Tenant within thirty (30) days after the date of such determination, with interest thereon calculated from the date of each payment of such Base Rent by Tenant at the rate of six percent (6%) per annum; and, if after determination of fair market rent, the fair market rent is more than the amount of Base Rent previously paid Tenant for the Premises for the applicable Extended Term, Tenant shall pay the difference to Landlord within thirty (30) days after the date of such determination, with interest thereon calculated from the date of each payment of such Base Rent by Tenant at the rate of six percent (6%) per annum.
2.4.2 Whenever under this Section 2.4 the determination of fair market rent is to be made by arbitration, such arbitration shall be conducted and determined in the City of San Francisco, solely in accordance with the provisions of this Section 2.4.2. Within fifteen (15) days after the parties have exchanged their estimates of fair market rent under Section 2.4.1, the parties shall attempt to agree upon a mutually-acceptable arbitrator meeting the criteria set forth below to determine fair market rent hereunder. If the parties are unable to agree on an arbitrator within such fifteen (15) day period, then either party, on behalf of both, may request appointment of such arbitrator by the then head official of the San Francisco office of the American Arbitration Association, and neither party shall raise any objections as to the appointment made by such official or as to such official’s full power and jurisdiction to entertain the application for and make the appointment. The arbitrator shall be a member of the Appraisal Institute (or its successor organization) with a then current senior designation of MAI (or then comparable designation) currently certified under the continuing education program, shall have at least ten (10) years’ experience in appraising major Class A commercial office buildings in the area from the Central San ▇▇▇▇▇▇ exit off Highway 101 and south or southern Marin County, California (“Comparable Buildings”), and shall not then be engaged or have been engaged by either Landlord or Tenant within the five (5) year period preceding their appointment hereunder. The arbitrator shall determine which of the two estimates submitted by the parties pursuant to Section 2.4.1 is closest to the correct result in the arbitrator’s opinion. The arbitrator shall have no power to select an alternative position or a decision different from that proposed by either party. The decision of the arbitrator shall be final and binding upon the parties, absent fraud or gross error. Upon failure, refusal or inability of an arbitrator to act, his or her successor shall be appointed in the same manner as provided in Article 20 hereof, subject, however, for the original appointment. The party whose position is not chosen by the arbitrator shall bear the fees and expenses of the arbitrator. The attorneys’ fees and expenses of counsel and consultants to the holdover respective parties shall be paid by the respective party engaging such counsel or consultant. The arbitrator shall render his or her decision in writing, with counterpart copies to each party, within thirty (30) days after his or her appointment. The arbitrator shall have no power to modify the provisions of Article 21 hereofthis Lease. Landlord and Tenant agree to execute and deliver to each other a supplement to this Lease confirming the new Base Rent as determined by the method described in this Section 2.4.
(c) If Tenant 2.4.3 For purposes of this Lease, “fair market rent” means the rent at which a landlord, under no compulsion to lease, would rent the Premises for the applicable Extended Term and a tenant, under no compulsion to lease, would rent the Premises for the applicable Extended Term. Fair market rent shall mean and refer to the rent being charged by Landlord and other landlords at the time of exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Option to Extend for non-renewal, non-expansion, then current, comparable non-sublease, non-encumbered, non-equity space in the Building and Comparable Buildings. Fair market rent shall not necessarily be a monthly rent fixed during the applicable Extended Term, but may be subject to periodic adjustment. For purposes of determining fair market rent under this Lease, the following factors shall be taken into account: (i) that the Premises are then being leasedin their “as is, where is” condition as improved with any alterations thereto made by or on behalf of Tenant in their then condition, (ii) that Tenant could immediately occupy the Premises in such condition for the use as permitted by the terms and conditions of this Lease, and (iii) the Base Year for the space to which the fair market rent is to apply. In addition, (A) the determination of fair market rent shall exclude “down time” for releasing the Premises and during the period Landlord and Tenant are negotiating the fair market rent only the amount of an “in-house” brokerage commission on renewal shall be taken into account; (B) the determination of fair market rent shall take into account the then unamortized value of Building standard alterations to the Premises paid for by Tenant but shall exclude any value attributable to above Building standard alterations in the Premises paid for by Tenant; and (C) the fair market rent shall include appropriate annual increases. In the event that the fair market rent is to be determined by arbitration in accordance with this Section 2.4, notwithstanding anything to the contrary contained in the preceding sentence, the arbitrator shall take into account all factors which an experienced arbitrator familiar with the Comparable Buildings would customarily take into account in determining the amount of fair market rent.
2.4.4 Tenant’s right to exercise the option to extend the Lease Term or Renewal Termfor an Extended Term is personal to the named Tenant and/or Affiliate Assignee under this Lease, as the case may be, for any succeeding Renewal Term and shall not apply inure to the benefit of any portion other assignee or subtenant. The Option to Extend shall be void and of no further effect if at any time the named Tenant or an Affiliate Assignee under this Lease (i) assigns this Lease or (ii) subleases more than fifty percent (50%) of the rentable square feet of the Premises surrendered during any previous Renewal for substantially the remainder of the Term.
Appears in 1 contract
Options to Extend. So long (a) On or before the date which is not less than fourteen (14) full calendar months prior to expiration of (a) the Initial Term in the case of Tenant's option with respect to the First Extension Period (as no Event hereafter defined) and (b) as applicable, the First Extension Period in the case of Default Tenant's option with respect to the Second Extension Period (as hereafter defined). Tenant shall have occurred and be continuing as the right to provide Landlord with a written request (a "Rent Request") requesting that Landlord provide Tenant with written notice (a "Rent Designation") of the Basic Rent Landlord projects to be the Basic Rent for the Premises during the applicable Extension Period for which a Rent Request is made. Landlord shall provide its Rent Designation to Tenant within 21 days after its receipt of the Rent Request from Tenant. Tenant's right to request a Rent Designation from Landlord is merely for purposes of discussion and information only and neither Landlord nor Tenant shall be bound in any manner thereby. The mere act of Tenant giving Landlord a Rent Request and Landlord providing a Rent Designation shall create no liability or obligation on the part of Landlord or Tenant with respect to any Extension Period and Landlord and Tenant shall only be bound with respect to any Extension Period if Tenant shall timely and properly exercise its option with respect to the applicable Extension Period as hereafter set forth.
(b) Whether or not Tenant shall give Landlord a Rent Request pursuant to the foregoing provisions of Section 14.27(a), Tenant shall nevertheless have the right and option, which said option and right shall not be severed from this Lease or separately assigned, mortgaged or transferred, to extend the Initial Term for two (2) -56- 62 additional consecutive periods of five (5) years each (hereinafter respectively referred to as the "First Extension Period" and the "Second Extension Period" and sometimes generically as an "Extension Period"), provided that (a) Tenant shall give Landlord notice (an "Option Notice") of Tenant's exercise of the Renewal Term each such option specified herein the Landlord hereby grants at least twelve full calendar months prior to the expiration of (i) the Initial Term in the case of the option with respect to the First Extension Period and (ii) the First Extension Period in the case of the option with respect to the Second Extension Period and (b) no Default of Tenant (after expiration of applicable notice and cure periods, if any) shall exist at the time of giving each applicable notice (c) the original Tenant named in this Lease (or an assignee or sublessee permitted in accordance with the provisions of Section 6.1(b) of this Lease) is itself occupying the entire Premises both at the time of giving the applicable notice and at the time of commencement of each respective Extension Period and (d) Tenant shall fail to give Landlord a Revocation Notice (as hereafter defined) within ten (10) days after the Tenant's receipt of the determination of Fair Market Rental Value as hereafter provided (if Fair Market Rental Value for the applicable Extension is determined by the appraisal process hereafter described). Except for the amount of Basic Rent (which is to be determined as hereinafter provided), all the terms, covenants, conditions, provisions and agreements in the Lease contained shall be applicable to the additional periods through which the Term of this Lease shall be extended as aforesaid, except that (a) there shall be no further options to extend the Term of this Lease beyond the Second Extension Period, no Elevator Up-Grade, no Lobby Renovation Work or Lobby Allowance nor shall Landlord be obligated to make or pay for any improvements to the Premises nor pay any Allowance or any inducement payments of any kind or nature and (b) Base Taxes, Base Operating Expenses and Base Utility Expenses shall be adjusted as hereafter set forth. If Tenant shall give an Option Notice of its exercise of an option to renew extend in the manner and within the time period provided aforesaid and provided that Tenant shall not thereafter give Landlord a Revocation Notice within the time and manner herein specified, the Term of this Lease shall be extended without the requirement of any further attention on the part of either Landlord or Tenant. Landlord hereby reserves the right, exercisable by Landlord in whole its sole discretion, to waive (in writing) any condition precedent set forth in clauses (b) or (c) above. Upon the written request of Landlord, Tenant shall enter into an amendment of this Lease reflecting the extension of the Term of this Lease and the Basic Rent payable by Tenant during the Extension Period. Base Taxes for each respective Extension Period shall be the Taxes for the Tax -57- 63 Year in part (if in part, in full floor increments) for four successive terms which the first day of five years each (each a “Renewal Term”)the applicable Extension Period shall fall. Likewise, the Base Operating Expenses and Base Utility Expenses for each respective Extension Period shall be the Operating Expenses and Utility Expenses, respectively for the Operating Year in which the first Renewal Term to commence at the expiration day of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the applicable Extension Period shall fall. If Tenant shall be required fail to renew the entire floor for each space subleased. The exercise any such option as aforesaid as and when specified herein, Tenant shall have no right to extend the Term of this Lease, time being of the essence of the foregoing provisions. Failure of Tenant to timely exercise its option with respect to the First Extension Period shall terminate Tenant's rights with respect to the option for the Second Extension Period unless waived in writing by Landlord (in Landlord's discretion). Any termination of this Lease except as provided in this Section 2.3 and Section 2.5Agreement shall terminate the rights hereby granted Tenant. Annual Base The Basic Rent payable for each twelve (12) month period during each Renewal Term Extension Period shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value (as said term is hereinafter defined) calculated in each case as of commencement of the Premises (or applicable Extension Period but in no event less than the portion thereof) determined as Basic Rent per annum plus Escalation Charges payable for and with respect to the 12 calendar month period immediately preceding commencement of the commencement applicable Extension Period. Dispute as to Fair Market Value. Landlord shall initially designate the Fair Market Rental Value and shall furnish data in support of each Renewal Term during such perioddesignation by written notice to Tenant within thirty (30) days after receipt of Tenant's Option Notice exercising the option for the applicable Extension Period. Such designation by Landlord need not be in the amount specified in any Rent Designation previously given by Landlord pursuant to Section 14.27(a) above and shall be determined by Landlord in Landlord's sole and absolute discretion. If Tenant disagrees with Landlord's designation of the Fair Market Rental Value, Tenant shall have the right, by written notice (a "Call for Rent Determination") given to Landlord and the within ten (10) days after Tenant cannot agree on has been notified of Landlord's designation pursuant to this paragraph, to submit such Fair Market Rental Value to be determined as follows: The Landlord and Tenant shall each appoint a Qualified Officer (as said term is hereinafter defined) and shall designate the Qualified Officer so appointed by 120 days prior notice to the commencement of such Renewal Term, such other party within 15 days after the Tenant's Call for Rent Determination. The two Qualified Officers so appointed shall meet within ten (10) days after both Qualified Officers are designated in an attempt to agree upon the Fair Market Rental Value for the applicable Extension Period and if, within fifteen (15) days after both Qualified Officers are designated, the two Qualified Officers do not agree upon the Fair Market Rental Upon determination of the Fair Market Rental Value as aforesaid (unless such determination shall be made by mutual agreement of Landlord and Tenant outside of the Qualified Officer process described above), Tenant shall have a period of ten (10) days within which to give Landlord written notice of its revocation of its Option Notice with respect to the applicable Extension Period (such written notice of revocation being a "Revocation Notice"), time being of the essence. In the event that Tenant shall fail or neglect to give Landlord a Revocation Notice within the time and manner specified above, Tenant shall be deemed to have accepted the determination of Fair Market Rental value as determined by as set forth above and the Appraisal ProcedureTerm of this Lease shall be extended to include the applicable Extension Period at the Basic Rent so determined as the Fair Market Rental Value. Any In the event that Tenant shall give Landlord a Revocation Notice within the time and manner hereinabove set forth, time being of the essence, then, Tenant shall be deemed to have revoked its Option Notice and the Term of this Lease shall not be extended to include the applicable Extension Period for which it was given but the Term of this Lease shall be temporarily extended for an additional period of nine (9) full calendar months (the "Short Term Extension") beginning as of the day immediately following the last day of (a) the Initial Term (in the case of a Revocation Notice -59- 65 with respect to an Option Notice for the First Extension Period) or (b) the last day of the First Extension Period (in the case of a Revocation Notice with respect to an Option Notice for the Second Extension Period). Basic Rent per rentable square foot per annum payable during the Short Term Extension shall be at an annual rate equal to the sum of (i) the Basic Rent per square foot per annum payable during the last twelve months, as applicable, of (a) the Initial Term (in the case of a Short Term Extension resulting from a Revocation Notice relating to the First Extension Period) and (b) the First Extension Period (in the case of a Short Term Extension resulting from a Revocation Notice relating to the Second Extension Period plus (ii) $1.00 per rentable square foot (for example, if the Basic Rent for such 12 month period were $23.00 per rentable square foot per annum, the Basic Rent payable during the subject Short Term Extension would be $24.00 ($23.00 + $1.00 = $24.00). Except for the amount of Basic Rent which shall be as set forth above, all of the terms and provisions of the Lease shall apply during the Short Term Extension, except that there shall be no option to extend beyond the last day of the Short Term Extension. Accordingly, the provisions of Section 14.19 of this Lease shall be subject apply to the following additional terms and conditions:
(a) Tenant shall deliver to Landlord, no less than eighteen (18) months prior to the any holding over beyond expiration of the Current Term, written notice (each, an “Short Term Extension Notice”) of its intention to exercise as if the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all last day of the Premises then being leased, then Tenant must indicate in Short Term Extension were the Extension Notice that Tenant exercises its renewal option with respect to less than all last day of the Premises then being leased and shall specify in such Extension Notice the particular floors Term of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretionthis Lease.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.
Appears in 1 contract
Sources: Lease Agreement (Cyrk Inc)
Options to Extend. 15.1 So long as no Event Redback Networks, Inc. is the Tenant hereunder and occupies the entirety of Default the Leased Premises, and subject to the condition set forth in clause (b) below, Tenant shall have occurred and be continuing as two options to extend the term of this Lease with respect to the entirety of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”)Leased Premises, the first Renewal Term to commence at for a period of five (5) years from the expiration of the Basic ninth year of the Lease Term (the "First Extension Period"), and each other Renewal Term to commence at the second (the "Second Extension Period") for a period of five (5) years from the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal TermFirst Extension Period, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Each option to extend shall be exercised, if at all, by notice of exercise given to Landlord by Tenant shall deliver to Landlord, no not more than twelve (12) months nor less than eighteen nine (189) months prior to the expiration of the Current Term, written notice (each, an “Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all ninth year of the Premises then being leased, then Tenant must indicate in Lease Term or the Extension Notice that Tenant exercises its renewal option with respect to less than all expiration of the Premises then being leased and shall specify in such First Extension Notice the particular floors of the Project Period, as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.applicable;
(b) The Anything herein to the contrary notwithstanding, if Tenant is in default under any of the terms, covenants or conditions of this Lease, either at the time Tenant exercises either extension option or on the commencement date of the First Extension Period or the Second Extension Period, as applicable, Landlord shall have, in addition to all of Landlord's other rights and remedies provided in this Lease, the right to terminate such option(s) to extend upon notice to Tenant.
15.2 In the event the applicable option is exercised in a timely fashion, the Lease shall be extended for the term of the applicable extension period upon all of the terms and conditions of this Lease, provided that the Base Monthly Rent for each extension period shall be ninety-five percent (95%) of the "Fair Market Rent" for the Leased Premises, increased as set forth below. For purposes hereof, "Fair Market Rent" shall mean the Base Monthly Rent determined pursuant to the process described below. In no event, however, shall any adjustment of Base Monthly Rent pursuant to this paragraph result in a decrease of the Base Monthly Rent for the Leased Premises below the amount due from Tenant for the preceding portion of the Premises initial Lease Term (or the First Extension Period, if such Base Monthly Rent is being determined for the Second Extension Period) for which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereofBase Monthly Rent had been fixed.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.
Appears in 1 contract
Sources: Lease (Redback Networks Inc)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as Paragraph X of the exercise of the Renewal Term option specified herein the Lease is amended to read as follows: Landlord hereby grants to Tenant three (3) five (5)-year options to extend the term of the Lease. On condition that Tenant an is not then in default under any of the terms and conditions of the Lease beyond any applicable notice and cure periods, Tenant may exercise each of the options to extend by giving Landlord at least one hundred eighty (180) days prior written notice of its exercise of the applicable option to renew extend. All of the terms and conditions of this Lease shall be in whole or in part (if in parteffect during each of the extended terms, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), except that the annual rental to be paid by Tenant during the first Renewal Term to commence at the expiration year of the Basic Term and each other Renewal Term applicable extended term shall be adjusted to commence at equal the expiration of the preceding Renewal Term; provided that in the event any portion fair market rental value of the Premises is subject to subleases at the commencement as of the Renewal Termfirst day of such extended term, the as Landlord and Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except agree as provided in this Section 2.3 and Section 2.5the following paragraph. Annual Base Rent during each Renewal Term If Tenant has timely exercised its option to extend as set forth above, Landlord shall be payable promptly give Tenant notice of Landlord's opinion of the fair market rental value (as defined below) applicable to the Premises during the first year of the extended term. Thereafter, Landlord by and Tenant shall attempt to agree in good faith in writing on such fair market rental value. If Landlord and Tenant do not agree in good faith on the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value fair market rental value of the Premises by the date which is one hundred twenty (or the portion thereof120) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement end of such Renewal Termthe original term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms or current renewal term, as applicable, then Landlord and conditions:
(a) Tenant shall deliver each select, within fifteen (15) days after such one hundred twentieth (120th) day, an appraiser (the "Appraisers") with a minimum of five (5) years experience appraising real property for commercial rental purposes in the Reno, Nevada area, to Landlord, no less than eighteen (18) months prior to determine the expiration fair market rental value of the Current TermPremises. Within fifteen (15) days of appointment, written notice the Appraisers shall mutually select a third appraiser (each, an “Extension Notice”the "Neutral Appraiser") of its intention to exercise who has the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal Term, same minimum qualifications as the case may be, for any succeeding Renewal Term shall not apply to any portion of the Premises surrendered during any previous Renewal Term.Appraisers and who has not
Appears in 1 contract
Sources: Commercial Lease (Intuit Inc)
Options to Extend. So long as no Event of Default shall have occurred and be continuing as of the exercise of the Renewal Term option specified herein the Landlord hereby grants to the Tenant an option to renew this Lease in whole or in part (if in part, in full floor increments) for four successive terms of five years each (each a “Renewal Term”), the first Renewal Term to commence at the expiration of the Basic Term and each other Renewal Term to commence at the expiration of the preceding Renewal Term; provided that in the event any portion of the Premises is subject to subleases at the commencement of the Renewal Term, the Tenant shall be required to renew the entire floor for each space subleased. The Tenant shall have no right to extend the Lease except as provided in this Section 2.3 and Section 2.5. Annual Base Rent during each Renewal Term shall be payable to the Landlord by the Tenant as described in Section 3.1. The amount of Annual Base Rent for each Renewal Term, shall equal the annual Fair Market Rental Value of the Premises (or the portion thereof) determined as of the commencement of each Renewal Term during such period. If the Landlord and the Tenant cannot agree on such Fair Market Rental Value by 120 days prior to the commencement of such Renewal Term, such Fair Market Rental Value shall be determined by the Appraisal Procedure. Any option to extend shall be subject to the following additional terms and conditions:
(a) Tenant shall deliver have two (2) options to Landlordextend the Term of this Lease (the "Options to Extend") for successive periods of ten (10) years each (the "Extension Periods"), no less subject to and on the terms set forth herein. Tenant may only exercise the Options to Extend with respect to the entire Premises (including the Expansion Spaces). If Tenant shall desire to exercise either Option to Extend, it shall give Landlord a notice (the "Inquiry Notice") of such desire not later than twenty-one (21) months prior to the expiration of the Initial Term of this Lease or the preceding Extension Period, as the case may be. Thereafter, the Fair Market Rent (as defined in Subsection (b) below) for the applicable Extension Period shall be determined in accordance with Subsection (e) below. After the applicable Fair Market Rent has been so determined, Tenant may exercise each Option to Extend by giving Landlord written notice (the "Exercise Notice") of its election to do so not later than (x) the date by which Fair Market Rent has been determined pursuant to this Section 10.12 or (y) eighteen (18) months prior to the expiration of the Current TermInitial Term of this Lease, written notice (each, an “or the preceding Extension Notice”) of its intention to exercise the applicable Renewal Term. If Tenant decides to renew the Current Term as to less than all of the Premises then being leased, then Tenant must indicate in the Extension Notice that Tenant exercises its renewal option with respect to less than all of the Premises then being leased and shall specify in such Extension Notice the particular floors of the Project as to which Tenant is not exercising its option to renew, which election shall be within the parameters set forth in subparagraphs (b) and (c) below, but shall otherwise be determined by Tenant in its sole discretion.
(b) The portion of the Premises which Tenant elects to exclude from the Premises during any applicable Renewal Term shall be vacated and surrendered by Tenant prior to the commencement of the applicable Renewal Term as provided in Article 20 hereof, subject, however, to the holdover provisions of Article 21 hereof.
(c) If Tenant shall exercise the option to extend the Term for a subsequent Renewal Term with respect to less than all of the Premises then being leased, Tenant’s right to exercise the option to extend the Term or Renewal TermPeriod, as the case may be, for any succeeding Renewal Term shall not apply whichever is earlier. If Tenant fails to timely give either the Inquiry Notice or the Exercise Notice to Landlord with respect to any portion Option to Extend, at the sole election of Landlord, Tenant shall be conclusively deemed to have waived such Option to Extend hereunder.
(b) For purposes of this Section 10.12, "Fair Market Rent" shall mean the average of (1) ninety-five percent (95%) of the Premises surrendered during any previous Renewal Termfair market rental value for unfinished, shell office space in a comparable office building in the Kendall Square, Cambridge, Massachusetts office market area (the "Rel▇▇▇▇▇ ▇arket") and (2) ninety-five percent (95%) of the fair market rental value for the Premises, including the Expansion Spaces, and shall take into account all other relevant factors in the Relevant Market, including the ten (10) year term of the applicable Extension Period. In no event shall the Fair Market Rent for the first Extension Period be less than the Annual Fixed Rent for the Premises, including the Expansion Spaces, for the fifteenth Lease Year and in no event shall the Fair Market Rent for the second Extension Period be less than the Annual Fixed Rent for the Premises, including the Expansion Spaces, for the twenty-fifth Lease Year.
Appears in 1 contract
Sources: Lease (BioMed Realty Trust Inc)