Alternative Premises. If at any time during the Term of this Lease, Tenant is considering leasing additional or alternative space in the San Diego area, Tenant shall deliver written notice (“Premises Notice”) to Landlord, which Premises Notice shall include a description of the additional or alternative space desired by Tenant. For a period of 30 days following Tenant’s delivery of the Premises Notice to Landlord (“Exclusive Period”), Tenant agrees that Landlord shall have the exclusive right, if it so elects and without any obligation to do so, to offer Tenant additional or alternative premises which satisfy in part or in its entirety the premises being sought by Tenant (“Alternative Premises”) on market terms at the Project or, if Landlord so elects, at another property in the San Diego area owned or controlled by an entity controlled by, under common control with, or controlling Landlord including, without limitation, any of the constituent members of Landlord or Alexandria Real Estate Equities, Inc. (any such entity, an “Affiliate”). Landlord and/or any Affiliate, as the case may be, shall have the right, if it so elects and without any obligation to do so, to acquire a new project or redevelop any existing project it then owns to provide the Alternative Premises. Tenant shall consider in good faith any Alternative Premises offered to Tenant by Landlord (or its Affiliate) during the Exclusive Period. If Landlord (or its Affiliate) and Tenant identify an Alternative Premises acceptable to Tenant, Landlord (or its Affiliate) and Tenant shall use good faith efforts to negotiate and enter into a new lease for such Alternative Premises. If Landlord (or its Affiliate) and Tenant are negotiating a lease as of the expiration of the Exclusive Period, the Exclusive Period shall be extended through the earlier to occur of (i) the date that Landlord (or its Affiliate) and Tenant enter into a new lease, or (ii) the date that negotiations between Landlord (or its Affiliate) and Tenant terminate. Such new lease shall, if entered into, otherwise be upon terms and conditions acceptable to Landlord or Affiliate, as the case may be, and Tenant in their respective good faith sole discretion. The provisions of this Section 40 shall only apply so long as ARE-10933 North Xxxxxx Xxxxx, LLC, or an Affiliate is the owner of the Project.
Alternative Premises. As circumstances require, management at Heatherview Court retain the right at sole discretion to change allocation of the Room.
Alternative Premises. As circumstances require, the Xxxxxx retains the right at its sole discretion to change allocation of the premises within the Student Village. However in that event, any Lessee who is asked to change premises may choose instead to vacate the premises and will be refunded a pro rata proportion of the Lease fee by the Xxxxxx.
Alternative Premises. As of the date of this First Amendment, Section 40 of the original Lease is hereby deleted in its entirety and is of no further force or effect.
Alternative Premises. If, during the Base Term, (a) the then-existing Premises consists of less than 75,000 rentable square feet, (b) Tenant delivers written notice to Landlord that Tenant requires additional space containing a minimum of 75,000 rentable square feet, and (c) such an expansion of the Premises cannot be accommodated in the Building, then, upon written request from Tenant, and so long as One Alexandria Square is then-owned by an affiliate of Landlord, OAS Landlord shall endeavor to find alternative space suitable for Tenant’s needs at One Alexandria Square (“Alternative Premises”). If OAS Landlord and Tenant identify an Alternative Premises acceptable to Tenant, then OAS Landlord and Tenant shall use good faith efforts to negotiate and enter into a lease agreement pursuant to which Tenant shall lease the Alternative Premises from OAS Landlord. Nothing set forth herein shall obligate Landlord or OAS Landlord to enter into a lease agreement with Tenant for Alternative Premises, and in no event shall Landlord or OAS Landlord have any liability to Tenant in connection with the failure of Alternative Premises to be available or in connection with the failure of the parties to reach a mutually acceptable lease agreement with respect to an Alternative Premises. Should OAS Landlord and Tenant enter into a new lease for an Alternative Premises, Tenant may elect, by written notice to Landlord prior to the mutual execution of such new lease by the parties, to terminate this Lease without penalty as of the date that the Alternative Premises is available for occupancy by Tenant.
Alternative Premises. Section 42 of the Lease is hereby deleted in its entirety and is null and void and of no further force or effect.
Alternative Premises. 2.1. The Licensee acknowledges that the Licensor shall be entitled at any time on giving one (1) month notice to require the Licensee to transfer to the Alternative Premises and the Licensee shall immediately comply with such notice. If the premises are not comparable the Licensee has the right to terminate their contract with one (1) month notice.
Alternative Premises. Property away from the Premises
Alternative Premises. For the avoidance of doubt, nothing in this Amendment is intended to modify the terms and conditions set forth in Section 41(m) of the Lease under which Tenant may lease Alternative Premises (as defined therein), and the parties acknowledge and agree that such terms and conditions remain in full force and effect.
Alternative Premises. (a) If the Franchisee’s tenancy or lease rights in respect of the Location expire or are terminated for any reason other than default on the part of the Franchisee, Aussie and the Franchisee will use their best endeavours to secure a lease of an alternative premises (Alternative Premises) which is acceptable to the Franchisee and which satisfies the reasonable requirements of Aussie (including the requirements set out in the Manuals) and the provisions of this Agreement shall thenceforth apply to the Alternative Premises.
(b) In such event, the Franchisee shall fit out the Alternative Premises at its cost and in accordance with clause 6 and Aussie’s requirements (including as set out in the Manuals) and the Franchisee will meet and pay all costs incurred in relocating to the Alternative Premises including the landlord’s solicitor’s reasonable costs and disbursements, stamp duty, Aussie’s solicitor’s costs and disbursements and its own solicitor’s costs and disbursements.
(c) If the parties are unable to procure a tenancy or lease rights in respect of an Alternative Premises in accordance with this clause within 1 month of the Franchisee ceasing trading in the Location (or such other period as may be agreed in writing by the parties), either party may terminate this Agreement by notice in writing to the other. Such termination shall:
(i) not entitle either party to compensation from the other;
(ii) not affect any rights or obligations which have accrued up to the date of termination; and
(iii) not entitle the Franchisee to a refund of the Franchise Fee or the Fit-Out costs or any part of them or any other moneys paid to Aussie.
(d) The Franchisee may not carry on the Business in any other location without the prior written approval of Aussie.
