BE BLOCKED OR IN VIOLATION OF LAW
OR THAT THIS LEASE AND PERFORMANCE OF THE OBLIGATIONS HEREUNDER ARE OR WOULD BE
IN VIOLATION OF LAW.
35.19
TENANT SHALL NOT USE, AND SHALL CAUSE EACH OF ITS
AFFILIATES NOT TO USE, THE NAME OR LIKENESS OF THE BUILDING IN ANY ADVERTISING
(BY WHATEVER MEDIUM) WITHOUT LANDLORD'S CONSENT.
35.20
IF EITHER LANDLORD OR TENANT SHALL BRING ANY ACTION OR
LEGAL PROCEEDING FOR AN ALLEGED BREACH OF ANY PROVISION OF THIS LEASE, TO
RECOVER RENT, TO TERMINATE THIS LEASE OR OTHERWISE TO ENFORCE, PROTECT OR
ESTABLISH ANY TERM OR COVENANT OF THIS LEASE, THE PREVAILING PARTY SHALL BE
ENTITLED TO RECOVER REASONABLE ATTORNEY'S FEES, COURT COSTS, AND EXPERT FEES AS
MAY BE FIXED BY THE COURT.
ARTICLE 36
RENEWAL OPTION
36.01
(A)
PROVIDED THAT
(I) THIS LEASE IS IN FULL FORCE AND EFFECT AS OF THE DATE OF THE RENEWAL NOTICE
(AS SUCH TERM IS HEREINAFTER DEFINED), AND (II) TENANT SHALL NOT BE IN DEFAULT
BEYOND ANY APPLICABLE NOTICE AND GRACE PERIOD UNDER THIS LEASE, AND (III) TENANT
AND/OR TENANT AFFILIATES SHALL PHYSICALLY OCCUPY AT LEAST SEVENTY-FIVE PERCENT
(75%) OF THE RENTABLE AREA OF THE PREMISES, THE TENANT NAMED IN THIS LEASE (OR A
TENANT SUCCESSOR) SHALL HAVE ONE OPTION TO EXTEND THE TERM OF THIS LEASE FOR AN
ADDITIONAL TERM OF FIVE (5) YEARS (THE "RENEWAL TERM") COMMENCING ON THE DAY
AFTER THE EXPIRATION DATE.
TENANT'S OPTION WITH RESPECT TO THE RENEWAL TERM
SHALL BE EXERCISABLE BY WRITTEN NOTICE (THE "RENEWAL NOTICE") TO LANDLORD GIVEN
NOT LATER THAN FIFTEEN (15) MONTHS PRIOR TO THE EXPIRATION DATE.
THE RENEWAL
TERM SHALL CONSTITUTE AN EXTENSION OF THE INITIAL TERM OF THIS LEASE AND SHALL
BE UPON ALL OF THE SAME TERMS AND CONDITIONS AS THE INITIAL TERM, EXCEPT THAT
(I) THERE SHALL BE NO FURTHER OPTION TO RENEW THE TERM OF THIS LEASE,
(II) LANDLORD SHALL NOT BE REQUIRED TO FURNISH ANY MATERIALS OR PERFORM ANY WORK
TO PREPARE THE PREMISES FOR TENANT'S OCCUPANCY AND LANDLORD SHALL NOT BE
REQUIRED TO MAKE ANY LANDLORD CONTRIBUTION OR WORK ALLOWANCE OR REIMBURSE TENANT
FOR ANY ALTERATIONS MADE OR TO BE MADE BY TENANT, OR GRANT TENANT ANY RENT
CONCESSION, (III) THE FIXED RENT FOR THE RENEWAL TERM SHALL BE AS DETERMINED
PURSUANT TO THE PROVISIONS OF SECTIONS 36.01(B), (C) AND (D), AND SHALL COMMENCE
ON THE FIRST DAY OF THE RENEWAL TERM, (IV) THE BASE TAX AMOUNT FOR THE RENEWAL
TERM SHALL BE THE TAXES FOR THE TAX YEAR DURING WHICH THE COMMENCEMENT OF THE
RENEWAL TERM OCCURS, AND (V) THE BASE OPERATING YEAR FOR THE RENEWAL TERM SHALL
BE THE OPERATING YEAR DURING WHICH THE COMMENCEMENT OF THE RENEWAL TERM OCCURS.
(B)
THE ANNUAL FIXED RENT FOR THE PREMISES FOR
THE RENEWAL TERM SHALL BE THE FAIR MARKET RENT.
"FAIR MARKET RENT" MEANS THE
FIXED ANNUAL RENT THAT A WILLING LESSEE WOULD PAY PURSUANT TO A DIRECT LEASE AND
A WILLING LESSOR WOULD ACCEPT FOR THE PREMISES DURING THE RENEWAL TERM, PURSUANT
TO A DIRECT