Abandonment of Use Sample Clauses

Abandonment of Use. Subject to Force Majeure (as such term is defined herein), except during construction of the Initial Improvements and thereafter during reasonable periods of repair, remodeling and/or restoration, Tenant covenants and agrees to continuously and uninterruptedly use the Premises for the Permitted Uses. If the Premises shall be abandoned, deserted, or vacated by the Tenant (such decision to abandon, desert or vacate or discontinue construction or operation of the facilities located on the Premises shall be referred to as a decision to “Discontinue Operations”), Landlord shall have the right to terminate the Lease and recover exclusive possession of the Premises by written notice to Tenant. In the event Landlord exercises its right to terminate the Lease under this Section 8.2, the Lease shall terminate as of the date that is sixty (60) days after the date of Landlord’s notice to Tenant thereof, and Tenant’s liability with respect to the Lease shall terminate as of such date.
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Abandonment of Use. Subject to Force Majeure, except during construction of the Improvements and thereafter during reasonable periods of repair, remodeling and/or restoration, Tenant covenants and agrees to continuously and uninterruptedly use the Premises for the Permitted Uses. If no __________ are conducted for a period of _________, or Tenant is dissolved or merges or consolidates, or the Premises shall be abandoned, deserted, or vacated by the Tenant (such decision to abandon, desert or vacate or discontinue construction or operation of the facilities located on the Premises shall be referred to as a decision to “Discontinue Operations”), the Town shall have the right to terminate the Lease and recover exclusive possession of the Premises by written notice to Tenant. In the event the Town exercises its right to terminate the Lease under this Section 8.2, the Lease shall terminate as of the date that is sixty (60) days after the date of the Town’s notice to Tenant thereof, and Tenant’s liability with respect to the Lease shall terminate as of such date, unless within such sixty (60) day period the Town in its sole discretion rescinds such exercise by notice to Tenant in writing.
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Abandonment of Use. Subject to Force Majeure, except during construction of the Initial Improvements and thereafter during reasonable periods of repair, remodeling and/or restoration, Tenant covenants and agrees to continuously and uninterruptedly use the Premises (other than Olympia Drive) for the Permitted Uses. If the Premises (other than the Excluded Areas) shall be abandoned, deserted, or vacated by the Tenant (such decision to abandon, desert or vacate or discontinue construction or operation of the Units and other facilities located on the Premises (other than the Excluded Areas) shall be referred to as a decision to “Discontinue Operations”), or if fewer than fifty percent (50%) of the Units located on the Premises (other than Olympia Drive) are leased and occupied in accordance with Section 6.1 for a period of one hundred eighty (180) consecutive days or for more than one hundred eighty (180) days in any calendar year for any reason (except for Force Majeure), Landlord shall have the right to terminate the Lease and recover exclusive possession of the Premises by written notice to Tenant, subject to the rights of notice and cure for the Permitted Institutional Mortgagees and any Investor as provided for in Section 14.2(c) herein. In the event Landlord exercises its right to terminate the Lease under this Section 9.2, the Lease shall terminate as of the date that is ninety (90) days after the date of Landlord’s notice to Tenant thereof, and Tenant’s rights with respect to the Lease shall terminate as of such date, unless within such ninety (90) day period, more than sixty-five percent (65%) of the Units are leased and occupied in accordance with Section 6.1 (in which event such termination notice shall have no effect).
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Abandonment of Use. In the event that the Business ceases doing business for 90 consecutive days on the Property at any time during the term of this Agreement beginning on the Commencement Day, the Village shall have no further obligations under this Agreement and this Agreement shall be terminated, unless the 90 day period is extended by action of the Corporate Authorities of the Village; provided, however, that the refund obligations of Subsection 4.F shall survive any termination under this Subsection 4.G.
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Abandonment of Use. Subject to Unavoidable Delays and, except during permitting and timely acquisition or construction of the Improvements, and thereafter during reasonable periods of repair, remodeling and/or restoration, Tenant covenants and agrees to use the Sublease Premises in compliance with an Approved D&O Plan exclusively for the Permitted Uses, failing which, the Town shall have the right, subject to the rights of the Permitted Mortgagees set forth in this Section 6.3, to terminate this Sublease by written notice to Xxxxxx, as provided in Article 15, and recover exclusive possession of the Sublease Premises. In the event the Town exercises its right to terminate the Sublease under this Section 6.3, the Sublease shall terminate sixty (60) days after the date of the Town's notice to Tenant thereof, unless within such sixty (60) day period, the Sublease Premises are used and occupied as required by this Article and any default is cured. Each Permitted Institutional Mortgagee shall have the same rights to cure as set forth in Article 15.2(c) and (d).
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Abandonment of Use. A person who has abandoned commercial use (that qualifies under this section) of subject matter may not rely on activities performed before the date of such abandonment in establishing a defense under this section with respect to actions taken on or after the date of such abandon- ment.
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Abandonment of Use. Subject to Force Majeure, except during construction of the Initial Improvements and therter during reasonable periods of repair, remodeling and/or restoration, Tenant covenants and agrees to continuously and uninterruptedly use the Premises for the Permitted Uses. If the Premises shall be abandoned, deserted, or vacated by the Tenant (such decision to abandon, desert or vacate or discontinue construction or operation of the facilities located on the Premises shall be referred to as a decision to “Discontinue Operations”), or if less than percent ( %) of the rental units located on the Premises are leased and occupied in accordance with Section 8.for a period of one hundred eighty (180) consecutive days or for more than one hundred eighty (180) days in any calendar year for any reason, the Landlord shall have the right to terminate the Lease and recover exclusive possession of the Premises by written notice to Tenant. In the event the Landlord exercises its right to terminate the Lease under this Section 8.02, the Lease shall terminate as of the date that is sixty (60) days after the date of the Landlord’s notice to Tenant thereof, and Tenant’s liability with respect to the Lease shall terminate as of such date, unless within such sixty (60) day period, more than percent ( %) of the rental units located on the Premises are leased and occupied in accordance with Section 8.1 (in which event such termination notice shall have no effect).
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Abandonment of Use. Subject to Unavoidable Delays and, except during selection of a developer-operator sub-tenant, permitting and timely construction of the Facility and Improvements and thereafter during reasonable periods of repair, remodeling and/or restoration, Tenant covenants and agrees to continuously and uninterruptedly use the Premises for the Permitted Uses. If at any time after completion of permanent financing with a Permitted Institutional Mortgagee, the Premises shall be abandoned, deserted, or vacated by the Tenant (such decision to abandon, desert, vacate or discontinue construction or operation, the facilities located on the Premises shall be referred to as a decision to “Discontinue Operations.” The Town shall have the right, subject to the rights of the Permitted Institutional Mortgagees set forth in this Section 7.2, to terminate the Lease by written notice to Tenant, as provided in Article 10.2, and recover exclusive possession of the Premises. In the event the Town exercises its right to terminate the Lease under this Section 7.2, the Lease shall terminate sixty (60) days after the date of the Town’s notice to Tenant thereof, unless within such sixty (60) day period, the Premises are leased and occupied in accordance with Section 7.1. Each Permitted Institutional Mortgagee shall have the same rights to cure as set forth in Article 10.2(c) and (d).
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Related to Abandonment of Use

  • Abandonment If the assigned bedroom space or an apartment is abandoned or Resident’s right to use them has been terminated, Owner may, without notice, secure the bedroom space and/or apartment with new locks, store or dispose of any personal property left in the bedroom space or apartment by Resident or Resident's Guests, and re-assign the bedroom space and/or apartment to others for use. Any such abandoned property or personal possessions will be stored and disposed of by Owner as provided by law. Owner, in its sole reasonable discretion in accordance with applicable law, will determine when a bedroom and/or apartment is abandoned, which may take into consideration any one of the following: the removal of personal property from the bedroom space other than in the usual course of continuing use, the failure to pay housing charges or other charges, discontinuance of any utility service, and failure to respond to any notices, phone calls, or correspondence from Owner or its representatives.

  • Abandonment of Property We need not accept any property abandoned by an "insured".

  • Abandonment of Premises If the property becomes vacant during the term of this lease, and if at the time of the vacancy Tenant are in default in the payment of any installment of rent, then the rent for the entire term shall become at once due and payable and Landlord may proceed to collect rent for said entire premises, with or without process of law, to take possession thereof, to remove any and all property there from and store as required by law, to lease the premises as agent of Tenant, and to apply the proceeds received from such letting toward the payment of Tenant' rent under this lease; such re-entry and re-letting shall not discharge Tenant from liability for rent, nor from any other obligation under the terms of this lease.

  • Abandonment of Position An employee who fails to report for duty for three consecutive working days without informing the Employer of the reason for their absence will be presumed to have abandoned their position. An employee will be afforded the opportunity within 10 days to rebut such presumption and demonstrate that there were reasonable grounds for not informing the Employer.

  • Abandonment or Default If Provider abandons work or defaults on the Contract, the GLO may terminate the Contract without notice. Provider will not be considered in any re-solicitation of the services described herein and may not be considered in future solicitations for similar services, unless the specification or scope of work changes significantly. The GLO will determine the period of suspension based on the seriousness of the abandonment or default.

  • Restoration of Rights on Abandonment of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

  • Termination of Use These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).

  • Job Abandonment A. If an employee is absent without authorized leave under the provisions of Article 17.1.D for twelve (12) or more consecutive days, the employee shall be considered to have abandoned the position and voluntarily resigned from the University. B. Notwithstanding Article 16.7(A), above, if the employee's absence is for reasons beyond the control of the employee and the employee notifies the University as soon as practicable, the employee will not be considered to have abandoned the position.

  • Termination or Abandonment Notwithstanding anything in this Agreement to the contrary, this Agreement may be terminated and abandoned at any time prior to the Effective Time, whether before or after any approval of the Merger by the stockholders of the Company: (a) by the mutual written consent of the Company and Parent; (b) by either Parent or the Company if the Merger shall not have been consummated on or prior to June 30, 2012 (the “End Date”), provided, however, that if all of the conditions to Closing, other than the condition set forth in Section 6.1(c), shall have been satisfied or shall be capable of being satisfied at such time, the End Date may be extended by Parent or the Company from time to time by written notice to the other party up to a date not beyond December 31, 2012, the latest of any of which dates shall thereafter be deemed to be the End Date; and provided, further, that the right to terminate this Agreement pursuant to this Section 7.1(b) shall not be available to a party if the failure of the Closing to occur by such date shall be due to the material breach by such party of any representation, warranty, covenant or other agreement of such party set forth in this Agreement; (c) by either the Company or Parent if an injunction shall have been entered permanently restraining, enjoining or otherwise prohibiting the consummation of the Merger and such injunction shall have become final and non-appealable; provided that the party seeking to terminate this Agreement pursuant to this Section 7.1(c) shall have used its reasonable best efforts to remove such injunction to the extent such party is required to use its reasonable best efforts pursuant to this Agreement; (d) by either the Company or Parent if the Stockholders’ Meeting (including any adjournments or postponements thereof) shall have concluded and the Company Stockholder Approval shall not have been obtained; (e) by the Company, if Parent shall have breached or failed to perform any of its representations, warranties, covenants or other agreements contained in this Agreement, which breach or failure to perform (i) would result in a failure of a condition set forth in Section 6.1 or Section 6.2 and (ii) by its nature, cannot be cured prior to the End Date or, if by its nature such breach or failure is capable of being cured by the End Date, Parent does not diligently attempt or ceases to diligently attempt to cure such breach or failure after receiving written notice from the Company describing such breach or failure in reasonable detail (provided that the Company is not then in material breach of any representation, warranty, covenant or other agreement contained herein); (f) by Parent, if the Company shall have breached or failed to perform any of its representations, warranties, covenants or other agreements contained in this Agreement, which breach or failure to perform (i) would result in a failure of a condition set forth in Section 6.1 or Section 6.2(f) and (ii) by its nature, cannot be cured prior to the End Date or, if by its nature such breach or failure is capable of being cured by the End Date, the Company does not diligently attempt or ceases to diligently attempt to cure such breach or failure after receiving written notice from Parent describing such breach or failure in reasonable detail (provided that Parent is not then in material breach of any representation, warranty, covenant or other agreement contained herein); (g) by Parent, (i) prior to the Company Stockholder Approval, in the event of a Change of Recommendation or if the Board of Directors of the Company shall have approved or recommended to its shareholders an Acquisition Transaction, or (ii) the Company shall have willfully and materially breached any of its obligations under Section 5.4; and (h) by the Company, prior to obtaining the Company Stockholder Approval and if the Company has complied with its obligations under Section 5.4, in order to enter into a definitive agreement with respect to a Superior Offer; provided that any such purported termination by the Company pursuant to this Section 7.1(h) shall be void and of no force or effect unless the Company pays to Parent the expense reimbursement in accordance with Section 7.3(a) and the Breakup Fee in accordance with Section 7.3(c).

  • Right of Use 2.1 Except as expressly otherwise agreed in this Contract, as between the parties all intellectual and industrial property rights in the Supplies, in all documents provided by Siemens in connection with this Contract (the “Documents”) and in all software, hardware, knowhow (“IPR”) and other things provided with or as part of the Supplies and the Documents shall be the exclusive property of and vest in Siemens. The Customer shall not reverse engineer, decompile, or reproduce the Supplies or parts thereof and shall ensure that third parties will not reverse engineer, decompile, or reproduce the Supplies or parts thereof in each case to the extent mandatory law does not prohibit such limitation. 2.2 The Customer may use the Documents unmodified and to the extent necessary for operation and routine maintenance of the Supplies by the Customer’s own personnel, unless explicitly agreed otherwise in writing by Siemens. 2.3 If the Supplies include Siemens software, such software is licenced under the license terms contained in the software documentation, the software itself or in the attached license terms (in each case the “applicable license conditions”), which shall prevail over this Clause 2. The software is issued in object code without source codes. The license hereunder only grants the non-exclusive right to use the software as described in the applicable license conditions or, if there are no applicable license terms, for the purpose of operation and routine maintenance of the Supplies. 2.4 The Supplies may include third party software. Insofar as specific license terms of the third party licensor apply, Siemens will provide such license terms together with the Supplies. The Customer shall comply with such third party license terms. 2.5 Insofar as the software contains Open Source Software (“OSS”), Siemens will provide the applicable OSS license terms together with the Supplies. The OSS license terms shall prevail over this Contract. Details regarding any third-party software and OSS contained in the Supplies are available in the software documentation (e.g. README_OSS). 2.6 The rights granted in Clause 2 shall be transferable to a third party only together with the transfer of ownership of all of the Supplies to that third party. 2.7 Without prejudice to the Customer’s intellectual property rights and subject to compliance with applicable law, Siemens and its Affiliates may for its own business purposes collect, use, modify, and copy any data received in connection with the Supplies. Any legal obligations regarding personal data shall remain unaffected.

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