CONDITIONS TO LEASE. (a) The obligations of the Landlord and the Tenant hereunder are contingent upon the fulfillment of the following conditions:
CONDITIONS TO LEASE. The lease granted pursuant to this Agreement is subject to the following terms and conditions:
CONDITIONS TO LEASE. The effectiveness of this Lease and Tenant's obligations hereunder are subject to the approval by Tenant, on or before December 31, 1991, of each and all of the following.
(a) The Lease by Tenant's Board of Directors.
(b) Non-disturbance Agreement from Agency.
(c) Non-disturbance Agreement from the Bank of California.
(d) A title insurance policy for the benefit of Agency as required by the DDA.
(e) The Disbursement Agreement between Landlord, Tenant and Agency with respect to all funds needed for the renovation to the Hotel and all Landlord's Work and Tenant's Work, as defined below.
(f) All consents and approvals of Agency to this Lease, including Tenant's Work, the right of first refusal, and the Tenant's share of profits on sale.
CONDITIONS TO LEASE. Subject to Section 2.2 herein, this Lease is conditioned upon the satisfactory completion of each of the following (collectively the "Conditions"):
(i) That each of the Liens to be released (as set forth on Exhibit J attached hereto and made a part hereof) be released of record, or Tenant otherwise be satisfied, in its sole discretion, that such lien releases are imminent;
(ii) Tenant shall obtain from the Title Company a Leasehold Policy of Title Insurance in form and substance satisfactory to Tenant, subject only to the Permitted Exceptions;
(iii) Landlord furnish to Tenant such evidence as Tenant may require as to the cancellation and termination of the Scheduled Contracts set forth on Exhibit H attached hereto and made a part hereof and that all parties in possession of the Premises shall have vacated the same; and
(iv) All arrangements for the transfer of the existing liquor license currently in the name of Landlord to Tenant shall have been satisfied and such liquor license shall have been issued in the name of Tenant, or Tenant is otherwise satisfied in its sole discretion that such issuance is imminent. Tenant shall be responsible for arranging for the transfer of the liquor license and Landlord covenants and agrees to use its best efforts to cooperate and assist Tenant in that regard. In the event that each of the foregoing Conditions are not satisfied or waived prior to March 31, 2001, Tenant's Rent shall xxxxx until such time as the Conditions are satisfied.
CONDITIONS TO LEASE. Notwithstanding anything herein to the contrary, this Lease is contingent upon Landlord obtaining financing for construction of the Shopping Center, all approvals required by governmental authorities, and all other approvals necessary to implement the provisions of this Lease. If Landlord does not obtain such financing and all such approvals, this Lease shall be terminated upon notice from Landlord to Tenant. Further, Landlord and Tenant acknowledge that as of the date of this Lease, Landlord is in escrow to buy, but does not own hold fee title to the Shopping Center, and that both Landlord and Tenant's performance hereunder shall be conditioned upon Landlord's obtaining title. Landlord and Tenant agree that neither party shall be obligated to perform its obligations hereunder until such time as Landlord obtains title to the Shopping Center, and in the event it is determined that Landlord will be unable to obtain title to the Shopping Center, then either party shall have the right to terminate this Lease upon written notice to the other. In the event of a termination of the Lease as provided hereinabove, the Lease shall be deemed null and void, and Landlord and Tenant shall have no further rights or obligations to each other hereunder except that Landlord shall return any deposits previously delivered from Tenant to Landlord pursuant hereto. In the event of any such termination, Landlord and Tenant shall each pay the costs incurred by it, or its employees, contractors, consultants or other agents. Landlord shall satisfy the foregoing contingencies within one (1) year following the execution of this Lease. In the event that such conditions have not been satisfied by such date, Landlord, at its option, may elect to extend the period for satisfying such contingencies for an additional forty-five (45) days, subject to Landlord agreeing to reimburse Tenant for all costs incurred by or for Tenant in connection with implementing this Lease during such 45-day period, including, without limitation, the preparation of plans, specifications, tests and other such items. In the event Landlord elects not to pay such expenses, Tenant may agree to extend the contingency period or to terminate the Lease, as Tenant so elects and in its sole discretion.
CONDITIONS TO LEASE. 12 (a) Authorization, Execution and Delivery of Documents............................................................ 13 (b) Representations and Warranties Correct; Event of Default........................................................... 13 (c) Legality of Investments.............................................. 13 (d) Guaranties........................................................... 13 (e)
CONDITIONS TO LEASE. The obligation of Lessor to lease the Airship on the Closing Date is subject to the following conditions having been complied with to the satisfaction of or waived by Lessor on or before such Closing Date (each document, instrument, certificate, opinion or other paper referred to below to be satisfactory in form and substance to Lessor and, unless otherwise specified, to be dated the Closing Date:
CONDITIONS TO LEASE. Article 18 of the Lease is hereby ------------------------------- amended by deleting the phrase "and the effectiveness of," in the first line thereof. Additionally, the date "February 1, 1998" in Section 18.2 of the Lease is hereby deleted and replaced with "April 1, 1998".
CONDITIONS TO LEASE. Notwithstanding anything herein to the contrary, this Lease is contingent upon Landlord obtaining financing for construction of the Property, and meeting all conditions and obtaining all approvals required by governmental authorities, and all other approvals necessary to implement the provisions of this Lease. If Landlord does not obtain such financing, meet all such conditions and obtain all such approvals, this Lease shall be terminated upon notice from Landlord to Tenant. In the event of any such termination, Landlord and Tenant shall have no further rights or obligations hereunder except those, if any, which accrued prior to the date of termination and except that Landlord shall return any deposits previously delivered from Tenant to Landlord pursuant hereto.
CONDITIONS TO LEASE. 11 2.4. Inspection; Acceptance Test Flight on Delivery . . . . . . . . . . . . . . . . . . . . . . . . 13 2.5. Appointment of Lessee as Agent; Enforcement of Modification Contract . . . . . . . . . . . . . . . . 14
