Orange County NC Website
33 <br /> EXHIBIT H <br /> OPTION TO EXTEND LEASE <br /> Provided that Tenant is not then subject to an Event of Default as defined in article 15 of the <br /> Lease(or with the passage of time or the giving of notice will ripen into a default),Tenant gives Landlord <br /> at least 9 months', but not more than 12 months' prior written notice of Tenant's exercise of its option to <br /> extend hereunder(failure to give such notice being an absolute bar to any right on the part of Tenant to so <br /> extend), and Tenant has not assigned the Lease or sublet the Demised Premises or any portion thereof, <br /> Landlord hereby gives to Tenant one consecutive option right to extend this Lease Term for an additional <br /> term of five years. Upon such exercise, all the terms and conditions of this Lease shall remain and be in <br /> effect during the extension term save and except (i) the Expiration Date shall be accordingly adjusted to <br /> reflect such extension and (ii)the Minimum Rent to be paid by Tenant during such extension term shall <br /> be the greater of(A)the Minimum Rent would be payable as follows: <br /> Annual Minimum Rent Monthly Installment <br /> Lease Year 6 $36,657.63 $3,054.80 <br /> Lease Year 7 $37,574.07 $3,131.17 <br /> Lease Year 8 $38,513.42 $3,209.45 <br /> Lease Year 9 $39,476.25 $3,289.69 <br /> Lease Year 10 $40,463.16 $3,371.93 <br /> or (B) an amount equal to the then market rate equivalent for comparable space in the Hillsborough, <br /> North Carolina area as determined by Landlord within 10 days of the date of Tenant's exercise of such <br /> extension option;provided,however,that if Tenant shall give Landlord written notice of its disagreement <br /> with such rate of Minimum Rent within 10 days of the delivery to Tenant of Landlord's aforesaid <br /> determination of Minimum Rent for the extension term, then such Minimum Rent for the extension term <br /> shall be calculated by appraisal in accordance with the next paragraph of this exhibit. <br /> Each of Landlord and Tenant shall specify within 5 days after the delivery of Tenant's notice of <br /> disagreement a selection of a qualified appraiser by written notice to the other. Within 20 days after the <br /> selection of the last appraiser, the 2 appraisers (one selected by Landlord and the other selected by <br /> Tenant) shall render a joint written determination of the Minimum Rent for the extension term. If the 2 <br /> appraisers are unable to agree upon a joint,written determination within the aforesaid 20-day period,each <br /> appraiser shall then render his or her determination and shall jointly select a third appraiser within such <br /> 20-day period. Within 10 days after the appointment of the third appraiser,the third appraiser shall select <br /> one of the determinations of the 2 appraisers duly selected, or if neither of such appraisal represents that <br /> value which a third party would be willing to pay to Landlord in an arm's-length negotiation, in the <br /> opinion of the third appraiser, then the third appraiser shall select a value which represents a number <br /> between the 2 appraisal values originally determined by the 2 original appraisers. All appraisers selected <br /> pursuant to this Exhibit G shall be unaffiliated and disinterested appraisers or licensed real estate brokers <br /> having at least five 5 years' prior experience in making rent value appraisals for similar and comparable <br /> type property and usage in the Hillsborough,North Carolina, area. If either of the Landlord or the Tenant <br /> fails or refuses to select an appraiser,the other appraiser alone shall determine the Minimum Rent for the <br /> extension term in accordance with the terms hereof. Each party shall bear the fees and expenses of their <br /> selected appraiser and, if necessary, to select a third appraiser, the parties hereto shall equally bear the <br /> fees and expenses of the third appraiser. The appraised Minimum Rent determined pursuant to this <br /> Exhibit G shall be binding upon the parties as a rental to apply for the extension term. <br /> OCAC Lease Page 31 <br />