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Extension Fee
Extension Fee contract clause examples

Extension Options. Landlord hereby grants to Tenant two (2) consecutive options to extend the Term (each, an “Extension Option” and collectively, the “Extension Options”) for successive periods of five (5) years each (each, an “Extension Term”) commencing on the first day following the Expiration Date, on the terms and subject to the conditions set forth in this Paragraph; provided, however, that # an Extension Option shall be exercised, if at all, only with respect to the entire Premises; # the second Extension Option may be exercised only if the first Extension Option has been duly exercised; and # if Tenant is in monetary or material non-monetary default beyond applicable notice and cure periods under any of the terms, covenants or conditions of this Lease either at the time Tenant exercises an Extension Option or upon the commencement of the applicable Extension Term, Landlord shall have, in addition to all of Landlord’s other rights and remedies provided in this Lease, the right to terminate such Extension Option and to unilaterally nullify Tenant’s exercise of such Extension Option, in which event this Lease shall expire on the Expiration Date, unless sooner terminated pursuant to the terms hereof, and Tenant shall have no further rights under this Lease to renew or extend the Term.

Exercise. Provided that no monetary or material non-monetary Event of Default has occurred and is continuing at the time of exercise of an Extension Option (defined below), and Tenant has not assigned this Lease (except to a Permitted Transferee or an Affiliate, as permitted by Article VII) either at the time of exercise or at the commencement of the applicable Extension Period, (defined below), Tenant shall have two (2) options (each, an “Extension Option”) to extend the Term of this Lease, each for an additional five (5) year period (each, an “Extension Period”) after the expiration of the initial Term, or the initial Extension Period, as applicable. Tenant may extend the Term for the entire Premises only. Each Extension Option shall be exercisable only by written notice given by Tenant to Landlord (the “Extension Election Notice”) not later than twenty-four (24) months, nor earlier than thirty-sixth (36th) months, prior to the expiration of the initial Term or the first Extension Period, as applicable. In the event that Tenant does not timely exercise an Extension Option, then such Extension Option (and the second Extension Option, if applicable) shall be null and void and of no further force or effect, time being of the essence in the exercise of each Extension Option and it being acknowledged and agreed by Tenant that Landlord shall be entitled to rely on any failure by Tenant to give written notice of its exercise of its Extension Option by the date set forth herein for such exercise thereof.

(ii) “Second Extension Option” shall mean Tenant’s right to extend the term of this Lease with respect to the Extension Premises for an additional term (the “Second Extension Term”) of five (5) years (but only if Tenant has exercised the First Extension Option and selected the Five Year Option for purposes thereof) commencing on the day immediately following the Expiration Date of the First Extension Term (the “Commencement Date of the Second Extension Term”) and ending on the last day of the month in which occurs the five (5) year anniversary of the Expiration Date of the First Extension Term (the “Expiration Date of the Second Extension Term”). For purposes of clarification, if Tenant shall have exercised the First Extension Option and selected the Ten Year Option for purposes thereof, Tenant shall have no further right to extend the term of the Lease and the Second Extension Option shall be void and of no further force and effect (it being the intention of Landlord and Tenant that under no circumstances shall the term of the Lease be extended pursuant to this Article 9 beyond the date that is ten (10) years following the New Expiration Date).

Subject to and in accordance with the provisions of this Article 9, Tenant shall have the right to exercise the First Extension Option and the Second Extension Option, provided that # no monetary or material non-monetary default after notice and the expiration of any applicable cure period has occurred and is then continuing at the time Tenant gives the Extension Notice, # Tenant shall be in actual occupancy of at least seventy (70%) of the rentable square foot area of the Extension Premises at the time Tenant gives the Extension Notice and on the date immediately preceding the Applicable Commencement Date, and # with respect to the Second Extension Option, Tenant shall have theretofore exercised the First Extension Option and selected the Five Year Option with respect thereto. Subject to the provisions of this Article 9, the Extension Term shall commence on the Applicable Commencement Date and shall expire on the Applicable Expiration Date, unless the Extension Term shall sooner end pursuant to any of the terms, covenants or conditions of the Lease or pursuant to Legal Requirements. Tenant may exercise each Extension Option by giving Landlord an Extension Notice no later than the date that is seven hundred thirty (730) days prior to the Applicable Commencement Date, as to which date time is of the essence, and upon the giving of such notice, subject to the provisions of this Article 9, the term of the Lease shall be extended for the Extension Term with respect to the Extension Premises without execution or delivery of any other or further document, with the same force and effect as if the Extension Term had originally been included in the term of the Lease. All of the terms, covenants and conditions of the Lease shall continue in full force and effect during the Extension Term with respect to the Extension Premises, including items of additional rent and escalations (except as hereinafter set forth) which shall remain payable on the terms herein set forth (provided, however, that Tenant shall have no further right to extend the term of this Lease beyond the First Extension Term (if Tenant shall have selected (or been deemed to have selected) the Ten Year Option) or Second Extension Term, as applicable, for any reason).

Option to Extend. Tenant shall have the right, privilege and option to extend the term of this Lease for three (3) successive periods of one (1) year each under the same terms and conditions of this Lease then in effect. Tenant, if it elects to exercise any option, shall do so by giving Landlord written notice at least thirty (30) days prior to the expiration of the initial Lease Term or the then-current Option Period, as the case may be.

(i) “First Extension Option” shall mean Tenant’s right to extend the term of the Lease with respect to the Extension Premises for an additional term (the “First Extension Term”) of either # five (5) years (the “Five Year Option”), or # ten (10) years (the “Ten Year Option”) as specified in the Extension Notice, in either case, commencing on the day immediately following the New Expiration Date (the “Commencement Date of the First Extension Term”) and ending on the last day of the month in which occurs the five (5) year anniversary of the New Expiration Date (if Tenant shall have selected the Five Year Option) or the ten (10) year anniversary of the New Expiration Date (if Tenant shall have selected the Ten Year Option) (the “Expiration Date of the First Extension Term”). If Tenant shall not specify in the Extension Notice whether Tenant has selected the Five Year Option or the Ten Year Option, Tenant shall be deemed to have selected the Ten Year Option.

Tenant shall have the right (hereinafter called the “Extension Right”) to extend the term of this lease for two additional periods (hereinafter, each called an “Extension Period”) of five (5) years each, to commence on the day (the “Renewal Term Commencement Date”) next succeeding the expiration of the then term of this lease (including the first renewal term if Tenant shall exercise its option) and to expire at midnight on the day that shall be the day before the fifth (5th) anniversary of the Renewal Term Commencement Date, upon, and subject to, the following terms, covenants and conditions:

Option Rights. hereby grants to the originally named herein (“Original “) and any Permitted Transferee Assignee, three (3) options to extend the Lease Term for a period of five (5) years each (each, an “Option Term“, and each such option, the “Option to Extend”). Such Options to Extend shall be exercisable only by “Notice” (as that term is defined in Section 29.18 of this Lease) delivered by to (the “Extension Exercise Notice“) as provided below, provided that the following conditions (the “Option Conditions“) are satisfied: # as of the date of delivery of such notice, is not in Default under this Lease; # is not in Default under this Lease at the time and execute an amendment to this Lease extending the Lease Term for the applicable Option Term, and as of the end of the Lease Term or the initial Option Term, as the case may be, is not in Default under this Lease; # has not previously been in Default under this Lease more than once in the immediately preceding thirty-six (36) month period; and # this Lease then remains in full force and effect and Original (or a Permitted Transferee Assignee) has not subleased more than forty percent (40%) of the Premises pursuant to subleases in effect at the time the applicable Option to Extend is exercised and as of the commencement of the applicable Option Term (in each case, excluding any Permitted Transfer). may, at ’s option, exercised in ’s sole and absolute discretion, waive any of the Option Conditions in which case the Option to Extend, if otherwise properly exercised by , shall remain in full force and effect; provided, however, unless delivers written notice to within thirty (30) days following ’s exercise of the Option to Extend stating that such exercise is invalid due to ’s failure to satisfy the Option Conditions, then shall be deemed to have waived the Option Conditions. Upon the proper exercise of the Option to Extend, and provided that satisfies all of the Option Conditions (except those, if any, which are waived by ), the Lease Term or the initial Option Term, as applicable, as it applies to the Premises, shall be extended for a period of five (5) years. The rights contained in this Section 2.2 shall be personal to Original and any Permitted Transferee Assignee and may be exercised by Original or a Permitted Transferee Assignee only (and not by any other assignee, sublessee or “Transferee,” as that term is defined in Section 14.1 of this Lease, of ’s interest in this Lease) if the Original or any such Permitted Transfer Assignee physically occupies (as described above) at least seventy percent (70%) of the Premises.

Option to Renew. Tenant shall have the option to renew this Lease for one (1) additional term of five (5) years, commencing upon the expiration of the Extension Term (as such term is defined in the 5th Amendment). The renewal option must be exercised, if at all, by written notice given by Tenant to Landlord not later than twelve (12) months prior to expiration of the Extension Term of this Lease. Notwithstanding the foregoing, at Landlord’s election, the renewal option shall be null and void and Tenant shall have no right to renew this Lease pursuant thereto if on the date Tenant exercises the option or on the date immediately preceding the commencement of the renewal period # the Tenant originally named in this Lease is not in occupancy of the entire Demised Premises then demised hereunder (which Demised Premises, the parties acknowledge, consists of space on the 3rd floor, the 14th floor and all of the 11th and 12th floors, as of the date of that certain Fifth Amendment to Lease entered into between Landlord and Tenant in conjunction with this Lease) or such Tenant does not intend to continue to occupy the entire Demised Premises (but intends to assign this Lease or sublet the space in whole or in part), or # Tenant is in default of any of its obligations under this Lease.

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