Common use of Change of Location Clause in Contracts

Change of Location. a. Tenant covenants and agrees that Landlord shall have the absolute and unqualified right, upon notice to Tenant, to designate as the Demised Premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised hereunder; provided, however (i) Landlord must exercise this right only once during the Initial Term of this Lease, (ii) such substituted space shall be the equivalent or better in the appearance of the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) and (iii) Landlord shall move Tenant to the substituted space during a single weekend. Such notice shall specify and designate the space so substituted to the Demised Premises. Notwithstanding such substitution of space, this Lease and all the terms, provisions, covenants and conditions contained in this lease shall remain and continue in full force and effect, except that the Demised Premises shall be and deemed to be such substituted space (hereinafter called "Substituted Space"), with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. In the event of the substitution of space as provided in section 38.01, Tenant, upon six (6) months prior written notice, shall move to the substituted space at Landlord's expense; and upon failure of Tenant to so move to the Substituted Space, Landlord, may, as Tenant's agent, remove Tenant from the Demised Premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises to the Substituted Space. c. Following such substitution of space (pursuant to this Article 38) if any, Landlord and Tenant shall, promptly at the request of either party, execute and deliver an agreement in recordable form setting forth such substitution of Space

Appears in 1 contract

Samples: Lease Agreement (Iamg Holdings Inc)

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Change of Location. a. A. Tenant covenants and agrees that Landlord shall have the absolute and unqualified right, upon notice to Tenant, to designate as the Demised Premises demised premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx building that approximately corresponds to the premises demised hereunder; , provided, however however, (ia) Landlord must may exercise this right only once during the Initial Term term of this Leaselease, (iib) such substituted space (hereinafter called "Substituted Space") shall be the equivalent or better in the appearance of the Demised Premises demised premises upon completion of Landlord's Initial Construction (wear and tearwork, as well as damage if any, to make the Demised Premises caused by Substitute Space ready for Tenant, excepted) 's occupancy and (iiic) Landlord shall move Tenant to the substituted space during a single weekendSubstituted Space at Landlord's cost. Such notice shall specify and designate the space Substituted Space so substituted to for the Demised Premisesdemised premises. Notwithstanding such substitution of space, this Lease lease and all the terms, provisions, covenants and conditions contained in this lease shall remain and continue in full force and effect, except that the Demised Premises demised premises shall be and be deemed to be such substituted space (hereinafter called "Substituted Space")space, with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. B. In the event of the substitution of space as provided in section 38.01paragraph A above, Tenant, upon six (6) months months' prior written noticenotice given by Landlord to Tenant, shall move to the substituted space Substituted Space at Landlord's expense; , and upon failure of Tenant to so move to the Substituted Space, Landlord, Landlord may, as Tenant's agent, remove Tenant from the Demised Premises demised premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises to the Substituted Spacelease. c. C. Following such substitution of space (pursuant to this Article 38Article) if any, Landlord and Tenant shall, promptly at the request of either party, execute and deliver an agreement in recordable form setting forth such substitution of Spacespace and the effective date thereof.

Appears in 1 contract

Samples: Lease Agreement (Everlast Worldwide Inc)

Change of Location. a. Tenant covenants and agrees that Without in any way affecting the validity of this Lease, Landlord shall have the absolute following rights and unqualified rightpowers, upon on not less than thirty (30) days written notice to Tenant. (a) To terminate this Lease by tender to Tenant of a sum equal to one-sixth (1/6th) of the total rentals then remaining unpaid under this Lease (exclusive of the term in any unexercised options for renewal), upon which tender and notice Landlord shall be completely relieved and exonerated from any liabilities to designate Tenant of any kind, and Tenant shall be obligated to remove itself from the Premises and satisfy the obligations of repair and restoration herein provided (as if the termination pursuant to such notice had occurred by unaccelerated expiration of the Term). (b) To relocate the Premises and substitutes as the Demised Premises that part of any other floor in space within the Building located at 0000 Xxxxxxxx Xxx XxxxBuilding, Xxx Xxxx that approximately corresponds for all purposes hereunder as though originally leased to the premises demised hereunderTenant; provided, however (i) that the substituted Premises shall contain an area not less than the square footage contained in the original Premises without any increase in the rent hereunder, (ii) that the power under this subparagraph 29(b) shall be exercisable by Landlord must exercise this right only once during the Initial Term of this LeaseTerm, (ii) such substituted space shall be the equivalent or better in the appearance of the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) and (iii) that Landlord shall move pay the expenses reasonably, incurred by Tenant to the substituted space during as a single weekend. Such notice shall specify and designate the space so substituted to the Demised Premises. Notwithstanding direct result of such substitution of spacePremises, this Lease including moving expenses, door lettering, and all the terms, provisions, covenants and conditions contained expenses in this lease shall remain and continue in full force and effect, except that the Demised Premises shall be and deemed to be such substituted space (hereinafter called "Substituted Space"), connection with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. change of telephone. In the event of such relocation Landlord agrees to provide in the substitution of space as provided substitute Premises decorations and improvements reasonably equivalent to those which were in section 38.01, Tenant, upon six the original Premises but which cannot be moved or used in the substitute Premises. (6c) months prior written notice, shall move If Landlord gives notice to the substituted space at Landlord's expense; and upon failure of Tenant to so move to the Substituted Space, Landlord, may, as Tenant's agent, remove Tenant from the Demised Premises to the Substituted Space. Failure of Tenant to move to the Substituted Space relocate pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlord29(b) above, then Tenant shall supply have the right and power to terminate this lease, without receiving compensation therefore, by written notice to Landlord with satisfactory proof given not More than fifteen (15) days after receipt of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises landlord's notice to the Substituted Space. c. Following such substitution of space (pursuant to this Article 38) if anyrelocate, Landlord and Tenant shall, promptly effective at the request end of either party, execute and deliver an agreement the calendar month next following the month in recordable form setting forth which Tenant gives notice of such substitution of Spacetermination.

Appears in 1 contract

Samples: Lease Agreement (Commercial Concepts Inc)

Change of Location. a. A. Tenant covenants and agrees that Landlord shall have the absolute and unqualified right, upon notice to Tenant, to designate as the Demised Premises demised premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx building that approximately corresponds to the premises demised hereunder; provided, however however, that (i) Landlord must exercise this right only once during the Initial Term of this Lease, (iia) such substituted space (hereinafter called "Substituted Space") shall be substantially the equivalent or better in the appearance of the Demised Premises demised premises upon completion of Landlord's Initial Construction (wear and tearwork, as well as damage if any, to make the Demised Premises caused by Substitute Space ready for Tenant, excepted) 's occupancy and (iiib) Landlord shall move Tenant to the substituted space during a single weekendSubstituted Space at Landlord's cost. Such notice shall specify and designate the space Substituted Space so substituted to for the Demised Premisesdemised premises. Notwithstanding such substitution of space, this Lease lease and all the terms, provisions, covenants and conditions contained in this lease shall remain and continue in full force and effect, except that the Demised Premises demised premises shall be and be deemed to be such substituted space (hereinafter called "Substituted Space")space, with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. B. In the event of the substitution of space as provided in section 38.01paragraph A above, Tenant, upon six three (63) months months' prior written noticenotice given by Landlord to Tenant, shall move to the substituted space Substituted Space at Landlord's expense; , and upon failure of Tenant to so move to the Substituted Space, Landlord, Landlord may, as Tenant's agent, remove Tenant from the Demised Premises demised premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises to the Substituted Spacelease. c. C. Following such substitution of space (pursuant to this Article 38Article) if any, Landlord and Tenant shall, promptly at the request of either party, execute and deliver an agreement in recordable form setting forth such substitution of Spacespace and the effective date thereof.

Appears in 1 contract

Samples: Lease Agreement (Arotech Corp)

Change of Location. a. A. Tenant covenants and agrees that Landlord shall have the absolute and unqualified right, upon notice to Tenant, to designate as the Demised Premises demised premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised hereunder; provided, however however, (ia) Landlord must may exercise this right only once during the Initial Term term of this Leaselease, (iib) such substituted space (hereinafter called "Substituted Space") shall be the equivalent or better in the appearance of the Demised Premises demised premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) Building Work and (iiic) Landlord shall move Tenant to the substituted space during Substituted Space in a single weekendweekend at Landlord's cost. Such notice to Tenant shall specify and designate the space Substituted Space so substituted to for the Demised Premisesdemised premises. Notwithstanding such substitution of space, this Lease lease and all the terms, provisions, covenants and conditions contained in this lease shall remain and continue in full force and effect, except that the Demised Premises demised premises shall be and be deemed to be such substituted space (hereinafter called "Substituted Space")space, with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. B. In the event of the substitution of space as provided in section 38.01paragraph A above, Tenant, upon six (6) months months' prior written noticenotice given by Landlord to Tenant, shall move to the substituted space Substituted Space at Landlord's expense; , and upon failure of Tenant to so move to the Substituted Space, Landlord, Landlord may, as Tenant's agent, remove Tenant from the Demised Premises demised premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises to the Substituted Spacelease. c. C. Following such substitution of space (pursuant to this Article 38Article) if any, Landlord and Tenant shall, promptly at the request of either party, execute and deliver an agreement in recordable form setting forth such substitution of Spacespace and the effective date thereof.

Appears in 1 contract

Samples: Lease Agreement (Omagine, Inc.)

Change of Location. a. Tenant covenants and agrees that Without in any way affecting the validity of this Lease, Landlord shall have the absolute following rights and unqualified rightpowers, on not less than thirty (30) days prior written notice: 29.a. To terminate this Lease by tendering to Tenant a sum equal to one-sixth (1/6th) of the total rentals then remaining unpaid under this Lease (exclusive of the term in any unexercised options for renewal), upon which tender and notice Landlord shall be completely relieved and exonerated from any liabilities to Tenant of any kind, and Tenant shall be obligated to remove itself from the Premises and satisfy any obligations of repair and restoration herein provided (as if the termination pursuant to such notice occurred by an accelerated expiration of the term,) or 29.b. To relocate the Premises and substitute as the Premises other space within the Building for all purposes hereunder as though originally leased to Tenant, to designate as the Demised Premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised hereunder; provided, however however, (i1) that the substituted Premises shall contain an area not less than the square footage contained in the original Premises without any increase in the rent hereunder, (2) that the power under this subparagraph (b) shall be exercisable by Landlord must exercise this right only once during the Initial Term of this LeaseLease term, (ii) such substituted space shall be the equivalent or better in the appearance of the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) and (iii3) that Landlord shall move pay the expenses reasonably incurred by Tenant to the substituted space during as a single weekend. Such notice shall specify and designate the space so substituted to the Demised Premises. Notwithstanding direct result of such substitution of spacePremises, this Lease including moving expenses, door lettering and all the terms, provisions, covenants and conditions contained expenses in this lease shall remain and continue in full force and effect, except that the Demised Premises shall be and deemed to be such substituted space (hereinafter called "Substituted Space"), connection with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. change of telephone. In the event of such relocation Landlord agrees to provide in the substitution of space as provided substitute Premises decorations and improvements reasonably equivalent to those which were in section 38.01, Tenant, upon six (6) months prior written notice, shall move the original Premises but which cannot be moved or used in the substitute Premises. 29.c. If Landlord gives notice to the substituted space at Landlord's expense; and upon failure of Tenant to so move to the Substituted Space, Landlord, may, as Tenant's agent, remove Tenant from the Demised Premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlordrelocate under subparagraph b. above, Tenant shall supply Landlord with satisfactory proof have the right and power to terminate this Lease, without receiving compensation therefor, by written notice to landlord given not more than fifteen (15) days after receipt of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises Landlord's notice to the Substituted Space. c. Following such substitution of space (pursuant to this Article 38) if anyrelocate, Landlord and Tenant shall, promptly effective at the request end of either party, execute and deliver an agreement the calendar month next following the month in recordable form setting forth which Tenant gives notice of such substitution of Spacetermination.

Appears in 1 contract

Samples: Office Building Lease (Schimatic Cash Transactions Network Com Inc)

Change of Location. a. 38.01 Tenant covenants and agrees that Landlord shall have the absolute and unqualified right, upon notice to Tenant, to designate as the Demised Premises that part of any other floor in the Building or in the building located at 0000 Xxxxxxxx 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised Demised Premises hereunder; provided, however however, (ia) Landlord must may exercise this right only once during the Initial Term original term of this Lease, (iib) such substituted space shall be the equivalent or better in the appearance of the Demised Premises upon completion of Landlord's Initial Construction ’s Work (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) and ), (iiic) Landlord shall move Tenant to the substituted space during a single weekendweekend and (d) Landlord shall pay for all reasonable hard and soft costs of Tenant associated with such change of location, including, but not limited to replacement of business cards and stationery for Tenant’s personnel. Such notice shall specify and designate the space so substituted to for the Demised Premises. Notwithstanding such substitution of space, this Lease and all the terms, provisions, covenants and conditions contained in this lease Lease shall remain and continue in full force and effect, except that the Demised Premises shall be and be deemed to be such substituted space (hereinafter called "Substituted Space"), with the same force and effect as if the Substituted Space were originally specified in this lease Lease as the premises demised hereunder. b. 38.02 In the event of the substitution of space as provided in section Section 38.01, Tenant, upon six (6) months prior written notice, shall move to the substituted space Substituted Space at Landlord's ’s expense; , and upon failure of Tenant to so move to the Substituted Space, Landlord, Landlord may, as Tenant's ’s agent, remove Tenant from the Demised Premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's ’s reasonable and necessary out-of-pocket expense expenses actually incurred with regard to the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises to the Substituted Space. c. 38.03 Following such substitution of space (pursuant to this Article 38) if any, Landlord and Tenant shall, promptly at the request of either party, execute and deliver an agreement in recordable form setting forth such substitution of Spacespace.

Appears in 1 contract

Samples: Lease Agreement (Tangoe Inc)

Change of Location. a. 44.01 Tenant covenants and agrees that Landlord shall at any time during the term of this Lease, but not more than once per year, and upon not less than 60 days advance notice to Tenant, have the absolute and unqualified right, upon notice to Tenant, Tenant to designate as the Demised Premises that any part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised hereunder; provided, however (i) Landlord must exercise this right only once during the Initial Term of this Lease, (ii) such substituted space shall be the equivalent or better in the appearance of the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) and (iii) Landlord shall move Tenant to the substituted space during a single weekendBuilding. Such notice shall specify and designate the space so substituted to for the Demised Premises. Notwithstanding such substitution of space, this Lease and all the terms, provisions, covenants and conditions contained in this lease Lease shall remain and continue in full force and effect, except that the Demised Premises shall be and be deemed to be such substituted space (hereinafter called "Substituted Space"), with the same force and effect as if the Substituted Space were originally specified in this lease Lease as the premises demised hereunder. b. 44.02 In the event of the substitution of space as provided in section 38.01Section 43.01 above: (a) Landlord shall, Tenantat Landlord’s expense, prepare the Substituted Space in at least substantially the same manner as Tenant has prepared the Demised Premises and shall have the right to remove any floor covering, wall covering, cabinet work, and any other decoration to the Substituted Space, as well as telephone lines and any other communication line to the Substituted Space. (b) As soon as Landlord has completed preparing the Substituted Space as set forth in Section 43.02, Tenant upon six twenty (620) months days prior written notice, notice shall move to the substituted space at Landlord's expense; Substituted Space, and upon failure of Tenant to so move to the Substituted Space, Landlord, Landlord may, as Tenant's ’s agent, remove Tenant from the Demised Premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 4032 shall be deemed a substantial breach of this Lease. Landlord All reasonable costs associated with the physical move shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to be paid by the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises to the Substituted Spacelandlord. c. (c) Following such substitution of space (pursuant to this Article 38) 43), if any, Landlord and Tenant shall, promptly at the request of either party, execute and deliver an agreement in recordable form setting forth such substitution of Spacespace and the change (if any) in the fixed annual rent, and rentable area in the appropriate places in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Dipexium Pharmaceuticals, Inc.)

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Change of Location. a. Tenant covenants and agrees that Without in any way affecting the validity of this Lease, Landlord shall have the absolute following rights and unqualified rightpowers, and on not less than thirty (30) days prior written notice: 29.a. To terminate this Lease by tendering to Tenant a sum equal to one-sixth (1/6th) of the total rentals then remaining unpaid under this Lease (exclusive of the term in any unexercised options for renewal), upon which tender and notice Landlord shall be completely relieved and exonerated from any liabilities to Tenant of any kind, and Tenant shall be obligated to remove itself from the Premises and satisfy any obligations of repair and restoration herein provided (as if the termination pursuant to such notice occurred by an accelerated expiration of the term,) or 29.b. To relocate the Premises and substitute as the Premises other space within the Building for all purposes hereunder as though originally leased to Tenant, to designate as the Demised Premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised hereunder; provided, however however, (i1) that the substituted Premises shall contain an area not less than the square footage contained in the original Premises without any increase in the rent hereunder, (2) that the power under this subparagraph (b) shall be exercisable by Landlord must exercise this right only once during the Initial Term of this LeaseLease term, (ii) such substituted space shall be the equivalent or better in the appearance of the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) and (iii3) that Landlord shall move pay the expenses reasonably incurred by Tenant to the substituted space during as a single weekend. Such notice shall specify and designate the space so substituted to the Demised Premises. Notwithstanding direct result of such substitution of spacePremises, this Lease including moving expenses, door lettering and all the terms, provisions, covenants and conditions contained expenses in this lease shall remain and continue in full force and effect, except that the Demised Premises shall be and deemed to be such substituted space (hereinafter called "Substituted Space"), connection with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. change of telephone. In the event of such relocation Landlord agrees to provide in the substitution of space as provided substitute Premises decorations and improvements reasonably equivalent to those which were in section 38.01, Tenant, upon six (6) months prior written notice, shall move the original Premises but which cannot be moved or used in the substitute Premises. 29.c. If Landlord gives notice to the substituted space at Landlord's expense; and upon failure of Tenant to so move to the Substituted Space, Landlord, may, as Tenant's agent, remove Tenant from the Demised Premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlordrelocate under subparagraph b. above, Tenant shall supply Landlord with satisfactory proof have the right and power to terminate this Lease, without receiving compensation therefor, by written notice to landlord given not more than fifteen (15) days after receipt of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises Landlord's notice to the Substituted Space. c. Following such substitution of space (pursuant to this Article 38) if anyrelocate, Landlord and Tenant shall, promptly effective at the request end of either party, execute and deliver an agreement the calendar month next following the month in recordable form setting forth which Tenant gives notice of such substitution of Spacetermination.

Appears in 1 contract

Samples: Lease Agreement (Whole Living Inc)

Change of Location. a. Tenant covenants and agrees that ​ (A) Following the New Premises Commencement Date, Landlord shall continue to have the absolute right to relocate Tenant to Substitute Space pursuant to, and unqualified rightin accordance with, upon notice to Tenantthe provisions, to designate as terms, and conditions of Article 43 of the Demised Premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised hereunderLease; provided, however however, following the New Premises Commencement Date, Article 43 of the Lease shall be deemed amended to provide that (i) Landlord must shall only have the right to exercise this right only once its rights under Article 43 one (1) time during the Initial Term of this Leaseperiod between the New Premises Commencement Date and the Fixed Expiration Date, and (ii) such substituted space in no event shall be Landlord have the equivalent right to relocate Tenant pursuant to Article 43 of the Lease on or better by a Relocation Effective Date that is any earlier than the date that is twenty-four (24) months following the New Premises Commencement Date. (B) Notwithstanding anything in the appearance Lease to the contrary, including, without limitation, Article 43 thereof, the provisions of Article 43 of the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage Lease shall not be applicable to the Demised Premises caused by Tenant, excepted) and (iii) Landlord shall move Tenant to the substituted space during a single weekend. Such notice shall specify and designate the space so substituted to the Demised Premises. Notwithstanding such substitution of space, this Lease and all the terms, provisions, covenants and conditions contained in this lease shall remain and continue in full force and effect, except that the Demised Premises shall be and deemed to be such substituted space (hereinafter called "Substituted Space"), with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. In the event of the substitution of space as provided in section 38.01, Tenant, upon six (6) months prior written notice, shall move to the substituted space at Landlord's expense; and upon failure of Tenant to so move to the Substituted Space, Landlord, may, as Tenant's agent, remove Tenant relocation from the Demised Existing Premises to the Substituted SpaceNew Premises. Failure Without limiting the generality of Tenant to move to the Substituted Space pursuant to foregoing, except as expressly provided in this Article 38 shall be deemed a substantial breach of this Lease. Amendment, Landlord shall have no obligation to reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses costs incurred by Tenant in moving physically relocating from the Demised Existing Premises to the Substituted Space. c. Following New Premises, removing Tenant’s telecommunications and computer systems from the Existing Premises and reinstalling such substitution of space (pursuant to this Article 38) if anysystems in the New Premises, Landlord and or replacing any business stationary or business cards utilized by Tenant shall, promptly at which lists the request of either party, execute and deliver an agreement in recordable form setting forth such substitution of SpaceExisting Premises as Tenant’s address. ​

Appears in 1 contract

Samples: Lease (Orchestra BioMed Holdings, Inc.)

Change of Location. a. A. Tenant covenants and agrees that Landlord Owner shall at any time but not more than once during the term of this lease have the absolute and unqualified right, upon not less than sixty (60) days’ notice to Tenant, Tenant to designate as the Demised Premises that demised premises any comparably sized and configured part of any other floor above the first floor in the Building located at 0000 Xxxxxxxx Xxx Xxxxwhich such part shall include comparable common areas (e.g. bathrooms, Xxx Xxxx that approximately corresponds to the premises demised hereunder; provided, however (i) Landlord must exercise this right only once during the Initial Term of this Lease, (ii) such substituted space shall be the equivalent or better in the appearance of the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to the Demised Premises caused by Tenant, excepted) and (iii) Landlord shall move Tenant to the substituted space during a single weekendelevator access corridors). Such notice shall specify and designate the space so substituted to for the Demised Premisesdemised premises. Notwithstanding such substitution of space, this Lease lease and all the terms, provisions, covenants and conditions contained in this lease shall remain and continue in full force and effect, except that the Demised Premises demised premises shall be and be deemed to be such substituted space (hereinafter called "the “Substituted Space"), with the same force and effect as if the Substituted Space were originally specified in this lease as the premises demised hereunder. b. B. In the event of the substitution of space as provided specified in section 38.01this Article, Owner shall, at Owner’s expense, prepare the Substituted Space in substantially the same manner as the demised premises were theretofore prepared and shall have the right to remove from the demised premises any telephone and communications lines, floor coverings, wallcoverings, cabinet work, and/or any other decorations or improvements to the Substituted Space. In addition, Owner shall reimburse Tenant for Tenant’s reasonable actual out-of-pocket expenses for moving Tenant’s furniture, upon six equipment, office contents, telephone and computer equipment to the Substituted Space (6it being the intent of both parties that Tenant incur no cost or expense in connection with the foregoing items) months prior written noticeand the cost of telecommunications work required in respect of such move. C. As soon as Owner has completed preparing the Substituted Space, Tenant shall move to the substituted space at Landlord's expense; Substituted Space (it being agreed that Tenant shall be afforded permission to move its offices after 5:00 PM to the Substituted Space), and upon the failure of Tenant to so move to the Substituted Space, Landlord, Owner may, as Tenant's ’s agent, remove Tenant from the Demised Premises to the Substituted Space. Failure of Tenant to move to the Substituted Space pursuant to this Article 38 shall be deemed a substantial breach of this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises demised premises to the Substituted Space. c. D. Following such any substitution of space (pursuant to this Article 38) if anyArticle, Landlord Owner and Tenant shall, promptly at the request of either party, execute and deliver an agreement in recordable form setting forth confirming such substitution of Spacespace.

Appears in 1 contract

Samples: Office Lease (Bankrate, Inc.)

Change of Location. a. Tenant covenants and agrees that 36.1. Landlord shall have the absolute and unqualified right, upon sixty (60) days prior notice to Tenant, Tenant to designate as the Demised Premises that part of any other floor in the Building located at 0000 Xxxxxxxx Xxx Xxxx, Xxx Xxxx that approximately corresponds to the premises demised hereunder; provided, however (i) however, that Landlord must exercise this right only once during the Initial Term of this Lease, (ii) such substituted space shall be the equivalent or better may not relocate Tenant to a lower floor in the appearance of Building or a different location in the Demised Premises upon completion of Landlord's Initial Construction (wear and tear, as well as damage to Building than the Demised Premises caused by Tenant, excepted) and (iii) Landlord shall move Tenant to the substituted space during a single weekendPremises. Such notice shall specify and designate the space so substituted to for the Demised Premises. Notwithstanding such substitution of space, this Lease and all the terms, provisions, covenants and conditions contained in this lease Lease shall remain and continue in full force and effect, except that the Demised Premises shall be and be deemed to be such substituted space (hereinafter called "Substituted Space"), with the same force and effect as if the Substituted Space were originally specified in this lease Lease as the premises demised hereunder. If Landlord elects to relocate Tenant then Landlord shall pay the moving costs in connection with such relocation, and shall pay for any and all reasonable costs and expenses incurred by Tenant in connection with such relocation. The Substituted Space shall be reasonably acceptable to Tenant and shall be reasonably comparable to the Premises. b. 36.2. In the event of the substitution of space as provided in section 38.01Section 36.1 the following provisions (a) through (d) shall apply: (a) If the Substituted Space has a rentable area less than the rentable area of the Main Premises, the fixed annual rent payable under Article 1 of this Lease and the additional rent payable under Articles 3 and 4 of this Lease, effective on the date that Tenant takes possession of the Substituted Space, shall be decreased to reflect the lesser number of rentable square feet in the Substituted Space; provided, however, that in no event shall the Substituted Space contain less than 95% of the rentable area of the Main Premises and that Tenant is able to conduct its business in substantially the same manner as conducted by Tenant in the Premises. (b) Landlord shall, at Landlord's expense, prepare the Substituted Space in substantially the same manner as Tenant had prepared the Premises (including, without limitation, any supplemental or additional electrical power) and shall have the right to remove any floor covering, cabinet work, and any other decoration to the Substituted Space, as well as telephone lines and any other communication line to the Substituted Space. (c) As soon as Landlord has completed preparing the Substituted Space as set forth in subsection 36.2(b), Tenant, upon six twenty (620) months days' prior written notice, shall move to the substituted space Substituted Space at Landlord's sole cost and expense; , and upon failure of Tenant so to so move to the Substituted Space, Landlord, may, as Tenant's agent, may remove Tenant from the Demised Premises to the Substituted Space. Failure The failure of Tenant to move to the Substituted Space pursuant to this Article 38 36 shall be deemed a substantial breach of default under this Lease. Landlord shall reimburse Tenant for Tenant's reasonable and necessary out-of-pocket expense actually incurred with regard to the move to the Substituted Space. . (d) Upon request from Landlord, Tenant shall supply Landlord with satisfactory proof evidence of out-of-pocket expenses incurred by Tenant in moving from the Demised Premises to the Substituted Space. c. 36.3. Following such any substitution of space (pursuant to this Article 38) if any36, Landlord and Tenant shallTenant, promptly at the request of either party, shall execute and deliver an a supplementary agreement in recordable form setting forth such substitution of Spacespace and the change (if any) in the fixed annual rent and additional rent, and rentable area in the appropriate places in this Lease.

Appears in 1 contract

Samples: Lease Agreement (Micros to Mainframes Inc)

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