Building Occupancy. Notwithstanding any terms to the contrary herein, if more than fifty percent (50%) of the useable floor area within the Building ("Occupancy Threshold") remains unoccupied by the media company and public benefit business space for more than twelve (12) consecutive months during the Term, then for the period commencing on the first (1st) day following such twelve (12) month period and ending on the first (1st) day thereafter that the occupancy level of the Building exceeds the Occupancy Threshold, as the City's sole and exclusive remedy for the failure of the occupancy level of the Building to exceed the Occupancy Threshold, the Public Benefit Payment shall be increased by 25%. During any period that any major repair, remodeling or reconstruction is being undertaken with respect to the Building, the occupancy level of the Building shall be deemed to be above the Occupancy Threshold, regardless of the actual occupancy level of the Building during such period, provided that the repair, remodeling or reconstruction is proceeding with due diligence and in no event for longer than a period of eighteen (18) months (which time can be extended by the City Manager based on substantial evidence that the failure to achieve the Occupancy Threshold is based on a natural disaster, earthquake, force majeure event or other event outside the Owner's control). The eighteen (18) month period shall begin to run from the date that the Owner obtains active and valid permits that have been issued by the City for the Building to undergo the applicable repair, remodeling, or reconstruction. The occupancy level of the Building shall also be deemed to be above the Occupancy Threshold, regardless of the actual occupancy level of the Building during such period that Owner has active and valid permits that have been issued by the City for the Building to undergo mandatory seismic strengthening required under WHMC Title 13, provided that the work is being diligently pursued, as determined by the City Manager or designee. Notwithstanding the foregoing or anything to the contrary contained herein and recognizing that this is a small building where occupancy rates can be low with the loss of one tenant, in the event that the occupancy level of the Building is beneath the Occupancy Threshold and the Owner is using "Prudent Landlord Efforts" to cause the occupancy level of the Building to exceed the Occupancy Threshold (and has provided City with reasonable supporting documentation of such Pr...
Building Occupancy. The building occupancy will be classified as “Normal Occupancy” or “Reduced Occupancy” as defined herein:
Building Occupancy. TO OCCUPY THE BUILDING AS A MANUFACTURING OR PRODUCTION FACILITY DURING THE TERM OF THE LOAN. IN THE EVENT THE BUILDING IS VACATED, BORROWER AGREES THAT NO FURTHER ADVANCES WILL BE MADE AND THE BALANCE WOULD BECOME DUE AND PAYABLE UPON DEMAND. LENDER NAME AND ADDRESS CHICKASHA BANK & TRUST CO. P. O. 1307 CHICKASHA, OK 73023 By: ss/Xxx X. Xxxxx ----------------------- XXX X. XXXXX, VICE PRES. BORROWER(S) SIGNATURE(S) By: ss/Xxxxxx X. Xxxxxx ----------------------- XXXXXX X. XXXXXX, PRESIDENT ss/Xxxxxx X. Xxxxxx ----------------------- XXXXXX X. XXXXXX, INDIVIDUALLY ss/Xxxxxxx X. Xxxxxx ----------------------- XXXXXXX X. XXXXXX, INDIVIDUALLY
Building Occupancy. Effective as of the date hereof, if at any time during a calendar year the Project is not at least 95% occupied or Landlord is not supplying services to at least 95% of the total rentable square footage of the Project, Operating Costs shall, at Landlord’s option, be determined as if the Project had been 95% occupied and Landlord had been supplying services to 95% of the rentable square footage of the Project. If Operating Costs for a calendar year are determined as provided in the prior sentence, Operating Costs for the Base Year shall also be determined in such manner.
Building Occupancy. Effective as of the date hereof, Section 3.2.(a).(3) (Operating Costs) of the Lease is hereby revised as set forth in this Section 5.c. If at any time during a calendar year the Building is not 100% occupied or Landlord is not supplying services to 100% of the total rentable square footage of the Building, Expenses shall be determined as if the Building had been 95% occupied and Landlord had been supplying services to 95% of the rentable square footage of the Building.
Building Occupancy. With respect to any calendar year or partial ------------------- calendar year in which the Building is not occupied to the extent of at least ninety-five percent (95%) of the Total Rentable Square Feet in the Building thereof, then the variable cost components of the Operating Expenses (not including real estate taxes) which are based upon occupancy shall be equitably adjusted so that the total amount of Operating Expenses for such period shall be increased to the amount which would have been incurred had the Building been occupied to the extent of ninety-five percent (95%) of the Total Rentable Square Feet in the Building thereof.
Building Occupancy a. Contractor recognizes and agrees that portions of the building are occupied by State employees performing essential tasks necessary to the efficient operation of State government. Consequently, Contractor agrees that he shall perform his Work in such a manner as to provide the least possible disruption to the occupants of the building. Accordingly, the Contractor agrees to the following stipulations, but without limitation:
Building Occupancy. QUALIFIED PROVIDER shall cooperate with the DISTRICT to establish work schedules if disruption is necessary for any area.
Building Occupancy. The Cabarrus Shrine Club is rated by the Fire Xxxxxxxx for a maximum of 208 individuals when no Federal, State or Local Restrictions are not enforced. Should restrictions be enforced, Tenant agrees to follow all restrictions.
Building Occupancy. The Contractor shall cooperate with the Client to establish work schedules if disruption is necessary in any area.
