Common use of ▇▇▇▇▇ and Exercise of Option Clause in Contracts

▇▇▇▇▇ and Exercise of Option. Provided Tenant concurrently exercises its option to extend the 3410 Lease, Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraph, the option (“Option”) to extend the Lease Term for two (2) additional terms of five (5) years (“Option Term”). The Option shall be exercised, if at all, by written notice to Landlord on or before the date that is nine (9) months prior to the Expiration Date. If Tenant exercises the Option, each of the terms, covenants and conditions of this Lease except this paragraph shall apply during the Option Term as though the expiration date of the Option Term was the date originally set forth herein as the Expiration Date, provided that the Base Monthly Rent to be paid shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option Term, or (ii) ninety five percent (95%) of the Fair Market Rental, as hereinafter defined, for the Premises for the Option Term. Anything contained herein to the contrary notwithstanding, if Tenant is in material default under any of the terms, covenants or conditions of this Lease beyond any applicable notice and cure period, and/or if Tenant is under monetary or material non-monetary default beyond any applicable notice and cure period under the 3410 Lease, either at the time Tenant exercises the Option, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the expiration date of this Lease shall be and remain the Expiration Date.

▇▇▇▇▇ and Exercise of Option. Provided Tenant concurrently exercises its option to extend the 3410 Lease, Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraph, two (2) options (the option (“Option”"Options") to extend the Lease Term for two an additional term (2) additional terms of five (5) years (“the "Option Term”"), each Option Term shall be for a period of sixty (60) months. The Each such Option shall be exercised, if at all, by written notice to Landlord on or before no earlier than the date that is nine thirty (936) months prior to the Expiration Date but no later than the date that is thirty (30) months prior to the Expiration Date. If Tenant exercises the Option, each of the terms, covenants and conditions of this Lease except this paragraph shall apply during the Option Term as though the expiration date of the Option Term was the date originally set forth herein as the Expiration Date, provided that the Base Monthly Rent to be paid by Tenant during the Option Term shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option Term, or (ii) ninety five percent (95%) of the Fair Market Rental, as hereinafter defined, for the Premises for the Option Term. Anything contained herein to the contrary notwithstanding, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease beyond any (after expiration of the applicable notice and cure period, and/or if Tenant is under monetary or material non-monetary default beyond any applicable notice and cure period under the 3410 Lease, ) either at the time Tenant exercises the OptionOption or at any time thereafter prior to the commencement date of the Option Term, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the expiration date of this Lease shall be and remain the Expiration Date.to

▇▇▇▇▇ and Exercise of Option. Provided Tenant concurrently exercises its option to extend the 3410 Lease, Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraph, the option Article 19 two (2) options (each an “Option” and collectively the “Options”) to extend the Lease Term for two an additional term (2) additional terms each an “Option Term”). Each Option Term shall be for a period of five (5) years (“Option Term”). The Option and shall be exercised, if at all, by written notice to Landlord on or before the date that is nine no earlier than fifteen (915) months prior to the Expiration Datedate the Lease Term would expire but for such exercise but no later than twelve (12) months prior to the date the Lease Term would expire but for such exercise, time being of the essence for the giving of such notice. If Tenant exercises the an Option, each all of the terms, covenants and conditions of this Lease except this paragraph shall apply except for the grant of additional Options pursuant to this Article 19 and rights with respect to the lease of additional space within the 2315 Building pursuant to Sections 19.E and 19.F below and except for tenant improvements, improvement allowances or relocation allowances, free rent or other leasing concessions and inducements, and provided that Base Monthly Rent for the Premises payable by Tenant during the Option Term shall be the Fair Market Rental as though the expiration date of the Option Term was the date originally set forth herein as the Expiration Datehereinafter defined, provided that without taking into consideration the Base Monthly Rent paid by Tenant during the last year of the initial Lease Term or the first Option Term, as applicable. Notwithstanding anything herein to be paid shall be the greater of contrary, (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option Term, or (ii) ninety five percent (95%) of the Fair Market Rental, as hereinafter defined, for the Premises for the Option Term. Anything contained herein to the contrary notwithstanding, if Tenant is in monetary or material default non-monetary default, beyond applicable notice and cure periods, under any of the terms, covenants or conditions of this Lease beyond any applicable notice and cure period, and/or if Tenant is under monetary or material non-monetary default beyond any applicable notice and cure period under the 3410 Lease, either at the time Tenant exercises the OptionOption or at any time thereafter prior to the commencement date of the Option Term, or (ii) so long as Tenant has a net worth at the time of exercising the Option sufficient, in Landlord’s reasonable judgment, to permit Tenant to perform the obligations under this Lease for the Option Term, then Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the expiration date Lease Term shall not be extended pursuant to this Section 19.A. As used herein, the term “Fair Market Rental” is defined as the rental and all other monetary payments, including any escalations and adjustments thereto that Landlord could obtain during the Option Term from a third party desiring to lease the Premises, based upon rental rates being charged in comparable buildings in the same real estate submarket area as the Project for space of this Lease shall comparable size and condition to the Premises, taking into consideration all relevant factors, including, without limitation, such factors as credit-worthiness of the Tenant, the duration of the term, any rental or other concessions granted, whether a broker’s commission or finder’s fee will be paid, responsibility for Operating Expenses, and remain the Expiration Date.-42- tenant improvement allowance, if any, required for an extended term

▇▇▇▇▇ and Exercise of Option. Provided Tenant concurrently exercises its option to extend the 3410 Lease, Landlord hereby grants to Tenant, upon and subject to the terms and conditions set forth in this paragraphSection 18.A, the an option (( “Option”) to extend the Lease Term for two an additional term (2) additional terms of five (5) years (the “Option Term”). The Option Term shall be for a period of five (5) years and shall be exercised, if at all, by written notice to Landlord on or before no earlier than fifteen (15) months prior to the date that is the Lease Term would expire but for such exercise but no later than nine (9) months prior to the Expiration Datedate the Lease Term would expire but for such exercise (unless such Option is exercised earlier pursuant to Section 15.B. above), time being of the essence for the giving of such notice. If Tenant exercises the Option, each all of the terms, covenants and conditions of this Lease except this paragraph shall apply except for the grant of additional Options pursuant to this Section, provided that Base Monthly Rent for the Premises payable by Tenant during the Option Term as though the expiration date of the Option Term was the date originally set forth herein as the Expiration Date, provided that the Base Monthly Rent to be paid shall be the greater of (i) the Base Monthly Rent applicable to the period immediately prior to the commencement of the Option Term$1.75 per square foot, or (ii) ninety five percent (95%) of the Fair Market Rental, Rental as hereinafter defined, for the Premises for the Option Term. Anything contained Notwithstanding anything herein to the contrary notwithstandingcontrary, if Tenant is in monetary or material non-monetary default under any of the terms, covenants or conditions of this Lease beyond any applicable notice and cure periodor the Lease dated July 10, and/or if Tenant is under monetary or material non-monetary default beyond any applicable notice and cure period under the 3410 Lease2007 for Building 1, either at the time Tenant exercises the OptionOption or at any time thereafter prior to the commencement date of the Option Term, then Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate the Option upon notice to Tenant, in which event the expiration date of this Lease Term shall be and remain the Expiration Date.not be