Contraction Sample Clauses

Contraction. Tenant shall have a one-time right to terminate a portion of the Leased Premises consisting of the top floor (sixth floor) of the Leased Premises, or another full floor if mutually agreed upon by Landlord and Tenant (the “Terminated Floor”) effective March 1, 2017 by providing not less than nine (9) months prior written notice to Landlord (“Contraction Notice”), and, simultaneous with the delivery of the Contraction Notice to Landlord, paying a contraction fee of $625,000 (“Contraction Fee”). The Contraction Fee shall be reported as receipt of a “Contraction Fee” in Landlord’s electronic financial records, it being the intention of the parties that the Contraction Fee is not for rent or use of the Leased Premises and that no State of Florida sales tax shall be due on the Contraction Fee. If sales tax is required to be paid with respect to the O1037432.2 5/9/2014 Contraction Fee, the Tenant shall pay said sales tax, plus all interest, late fees and penalties, within thirty (30) days of imposition by the Florida Department of Revenue, unless the same was due, solely and directly, to the Landlord’s failure to record the Contraction Fee as a Contraction Fee in Landlord’s electronic financial records. Tenant agrees to indemnify Landlord as to any claims, damages, liability or expenses of Landlord, including reasonable attorneys' fees or costs, arising from or related to sales tax that may be due with respect to the Contraction Fee, including any interest, late fees and penalties. This indemnity shall survive the contraction or expiration of the Lease. The foregoing option to downsize is subject to there being no event of default by Tenant under this Lease at the time such option is exercised that is not cured within the applicable cure period and provided that Landlord has not given Tenant notice of default more than two (2) times during the immediately preceding twelve (12) months. Upon Tenant properly exercising its contraction option set forth in this paragraph, the number of parking spaces allocated to Tenant shall be reduced by 91 spaces, and the provisions of Section 4(c) shall be triggered so that Tenant shall no longer have the right to provide the Tenant Maintenance Services. Tenant shall be required to modify Tenant’s security features to allow access to the Terminated Floor, through the building elevators, freight elevator and stairwells, by one or more other tenants of the Building, without passing through Tenant’s security features. Tenant shall no...
Sample 1
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Contraction. If the drilling of the well may be avoided, Without other penalty, by contraction of the Unit Area, Unit Operator shall make reasonable effort to effect such contraction with the approval of the Director.
Sample 1
Contraction. 26.1 Notwithstanding anything in the Lease to the contrary, Tenant shall have the one-time right, exercisable at its option, to terminate the Lease for all, and only all, of the tenth (10th) floor space of the Premises (“Termination Option”) with such termination to be effective at any time after the expiration of Lease Year 5 (the actual termination date hereinafter referred to the “10th Floor Early Termination Date”). The Termination Option may be only exercised by Tenant by providing Landlord with not less than twelve (12) months written notice and paying Landlord, prior to the 10th Floor Early Termination Date, a termination fee in an amount equal to the sum of the unamortized amounts of the Renovation Improvements Allowance and the brokerage commissions payable in connection with the Lease, all as allocable to the space terminated on a square foot basis and using a nine percent (9%) amortization rate and 12.5-year amortization term. On or before the 10th Floor Early Termination Date Tenant shall surrender the tenth (10th) floor space to Landlord in the condition required for the surrender of the Premises on the expiration or earlier termination of this Lease. Promptly after the 10th Floor Early Termination Date, Landlord and Tenant shall promptly execute and deliver an amendment to this Lease setting forth any necessary conforming modifications to Section 1.2, Section 3 and Section 14.1(k) of this Lease (it being acknowledged that Section 14.1(k) shall be deleted from this Lease). Tenant shall have no right to terminate this Lease in accordance with this Section if Tenant is in default of any of its obligations under this Lease, past any applicable notice and cure period, on the date Tenant exercises such termination right or on the effective date of termination. 26.2 Tenant’s rights under this Section 26 shall not be exercisable by any subtenant of Tenant.
Sample 1
Contraction. So long as there is no Event of Default then existing, Landlord hereby grants to Tenant and Tenant shall have the right and options (each, a “Contraction Option”) on the dates set forth below (each, a “Contraction Date”), to reduce the size of the Premises as follows: December 31, 2004 24,431 RSF 18th Floor December 31, 2005 24,431 RSF 17th Floor December 31, 2006 23,291 RSF 16th Floor December 31, 2007 23,139 RSF 15th Floor December 31, 2008 23,139 RSF 14th Floor December 31, 2009 23,139 RSF 19th Floor Tenant shall exercise such rights to reduce the size of the Premises, if at all, by (i) providing Landlord with written notice of Tenant’s election to reduce the size of the Premises at least twelve (12) months prior to the applicable Contraction Date and (ii) specifying in such notice the applicable floor or floors of the Premises (in accordance with the following provisions of this Section 1(c) to be eliminated from the Premises (the “Contraction Space”) and the location of such space (the remaining Premises as reduced by the Contraction Space, herein called the “Premises”). The Contraction Space shall be determined by applying the following rules: (i) Tenant’s Contraction Options shall be cumulative in the event that Tenant does not exercise a Contraction Option in any year. As a point of clarification, in the event Tenant does not exercise the Contraction Option effective on December 31, 2004 for the 18th Floor, it may contract on December 31, 2005 by both the 18th and 17th Floors. Further as an example, in the event no floors have been contracted pursuant to this Section 2(c) by December 31, 2008, then Tenant shall have the option of contracting all six (6) floors effective December 31, 2009 by providing notice by December 31, 2008. (ii) Tenant shall elect each Contraction Option in full floor increments only beginning with the 18th floor and proceeding in the following order only: 00xx xxxxx, 00xx xxxxx, 00xx xxxxx, 00xx floor and 19th floor; and (iii) On or before the applicable Contraction Date, Tenant shall reimburse Landlord for any unamortized commissions, as of the applicable Contraction Date, paid by Landlord (such amount to be amortized over 10 years commencing January 1, 2005 at an interest rate of 9% per annum) and attributable to such Contraction Space. Upon the giving of a contraction notice by Tenant, this Lease shall terminate with respect to the portion of the Contraction Space eliminated therefrom as a result of such reduction at 11:59...
Sample 1
Contraction. If Tenant does not intend to use and occupy up to ----------- ten percent (10%) of the Demised Premises beyond the sixtieth (60th) month, it shall so notify Landlord not less than six (6) months before the aforesaid effective date of said contraction. In that case, Tenant shall quit and surrender up to said ten percent (10%) of the Demised Premises (it being understood that the precise amount and location of such square footage to be so surrendered shall be a leasable unit which shall be mutually determined by Landlord and Tenant) to Landlord on or before the aforesaid effective date of said contraction. Upon such surrender the parties shall promptly enter into an appropriate amendment of the Lease to reduce the Demised Premises, the Fixed Rent, Additional Rent, and all other mutually agreed upon matters.
Sample 1
Contraction. In the event that the North Apron at the Brunswick-Golden Isles Airport is not constructed as contemplated on Exhibit “B”, which is attached hereto and made a part hereof by reference, the Apron Parcel shall be automatically revised on Exhibit “A” so as to provide that Lessee is only leasing that portion of the land adjacent to both Parcel B and the North Apron. The rent for the Apron Parcel would then be adjusted in accordance with the terms and amounts set forth herein for the reduced square footage.” 5. Add an entirely new paragraph 1.5 to Article I that reads as follows:
Sample 1
Contraction. As of September 1, 2009, (the “Effective Date”) the Premises subject to the Lease shall be amended to be the New Premises and Exhibit A attached to the Lease shall be deleted in its entirety and the attached Exhibit A shall be substituted therefor.
Sample 1
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Related to Contraction

  • Handover 14.1 It is a fundamental requirement by SANParks that the transfer of the AENP Xxxx Braai Facility is undertaken on the basis that: 14.1.1 there is no or minimal disruption in the provision of goods and services to visitors to the Protected Area and includes use of vehicles for products on offer to visitors to the Protected Area; 14.1.2 any structural alterations do not cause the AENP Xxxx Braai Facility to be closed unless alternatives are provided (unless it was closed in any event); 14.1.3 the handover shall be undertaken in such a manner to cause the least disruption and/or intrusion to SANParks and employees and then only in a manner which is mutually acceptable to both SANParks and the Private Party; 14.1.4 the Business will be conducted in the usual manner throughout the Handover Period; and 14.1.5 SANParks shall not be liable for any claims or actions which arise during the Handover Period irrespective of the cause or nature of same. 14.2 During the Handover Period: 14.2.1 the Private Party and SANParks shall co-operate and work together to achieve an effective transfer of control and management of AENP Xxxx Braai Facility to the Private Party on the Operation Commencement Date; 14.2.2 the Private Party shall be entitled to nominate one or more representatives to be stationed at the AENP Xxxx Braai Facility , to work with SANParks management to effect a smooth handover. The Private Party’s representatives shall however have no authority in relation to SANParks operations or employees during the Handover Period. 14.3 On the Operation Commencement Date, the Private Party shall assume full responsibility under this PPP Agreement for the operations, and expenses thereof, relating to the AENP Xxxx Braai Facility , and be entitled to the fruits hereof.

  • Subcontracting 6.1 The Grantee is responsible for the performance of its obligations under this Agreement, including in relation to any tasks undertaken by subcontractors. 6.2 The Grantee agrees to make available to the Commonwealth the details of any of its subcontractors engaged to perform any tasks in relation to this Agreement upon request.

  • Commencement of Work Engineer shall not commence any field work under this Contract until he/she/it has obtained all required insurance and such insurance has been approved by County. As further set out below, Engineer shall not allow any subcontractor/subconsultant(s) to commence work to be performed in connection with this Contract until all required insurance has been obtained and approved and such approval shall not be unreasonably withheld. Approval of the insurance by County shall not relieve or decrease the liability of Engineer hereunder.

  • No Dedication Without limitation of each Party’s obligations under Sections 10.5(a) and 10.5(b) herein, nothing in this Agreement shall be construed to create any duty to, any standard of care with reference to, or any liability to any person or entity not a Party to this Agreement. No undertaking by one Party to the other under any provision of this Agreement shall constitute the dedication of that Party’s system or any portion thereof to the other Party or the public, nor affect the status of Buyer as an independent public utility corporation or Seller as an independent individual or entity.

  • Contracting Authors When the Author is more than one person then, unless otherwise indicated in this Agreement or agreed in writing by the Publisher: (a) the expression “Author” as used in this Agreement will apply collectively for all such persons (each a "co-author"); (b) the Corresponding Author hereby warrants and represents that all co-authors of the contribution have expressly agreed that the Corresponding Author has full right, power and authority to sign this Agreement on their behalf, that the Corresponding Author is entitled to act on their behalf, and that they shall be bound by the Corresponding Author, with respect to all matters, responsibilities, notices and communications related to this Agreement; the Corresponding Author shall obtain authorisations and make them available to the Publisher on request; and (c) each co-author is jointly and severally responsible for the Author’s obligations under this Agreement which apply to each co-author individually and to the co-authors collectively and the Publisher shall not be bound by any separate agreement or legal relationship as between the co-authors. The Author will prepare a contribution provisionally entitled: [Title of the Contribution] The expression “Contribution” as used in this Agreement means the contribution as identified above, and includes without limitation all related material delivered to the Publisher by or on behalf of the Author whatever its media and form (including text, graphical elements, tables, videos and/or links) in all versions and editions in whole or in part. The Contribution may contain links (e.g. frames or in-line links) to media enhancements (e.g. additional documents, tables, diagrams, charts, graphics, illustrations, animations, pictures, videos and/or software) or to social or functional enhancements, complementing the Contribution, which are provided on the Author’s own website or on a third party website or repository (e.g. maintained by an institution) subject always to the Author providing to the Editor, at the latest at the delivery date of the manuscript for the Contribution, an accurate description of each media enhancement and its respective website or repository, including its/their owner, nature and the URL. The Publisher is entitled to reject the inclusion of, or suspend, or delete links to all or any individual media enhancements. In the event that an index is deemed necessary, the Author shall assist the Editor in its preparation (e.g. by suggesting index terms), if requested by the Editor.

  • SHAM CONTRACTING 49.1 Sham Contracting occurs when an Employer engages an individual to perform building work under a contract for services where the true character of the engagement or proposed engagement is that of employment. 49.2 The Employer agrees they will not engage in Sham Contracting and recognises that the practice of sham contracting is unlawful and undermines the job security of the Employees covered by this Agreement. 49.3 The Employer will not enter into a contract with another person (“the Contractor”) under which services in the nature of building work are to be provided to the employer, if: (a) the services are to be performed by an individual (who is not the Contractor); and the individual has any ownership in, or is an officer or trustee of, the contractor; and (b) if the contract were entered into with the individual, the contract would be a contract of employment. 49.4 The Employer will maintain records about any Contractors that it has engaged in the preceding month which will include: (a) the name of the Contractor; (b) the owner(s) of the Contractor; (c) the works that the Contractor was engaged to perform; (d) basis on which the Contractor was paid for the work e.g. lump sum/fixed price, daily rate, other; and 49.5 The Employer will, within 7 days of receiving a written request from the Union, provide a copy of the records which it is required to keep pursuant to the previous subclause. Nothing in this subclause requires the Employer to provide information in a manner that is inconsistent with the Privacy Act 1988 (Cth). 49.6 Where in breach of this clause a sham contract was in place, such that that Contractor was in fact an Employee under this Agreement, the calculation for back pay will be calculated on the basis of the difference between what they were paid under sham contract arrangement and: (a) 175% of the applicable hourly rate contained in this Agreement; and (b) the Site Allowance (if applicable); and (c) the multi-story allowance (if applicable); and (d) Superannuation (BUSSQ), XXXX, CIPQ and BEWT.

  • Expansion Effective on and as of December 1, 2017 (such date being the -Expansion Commencement Date”), the Premises shall be expanded to include an additional 7,389 square feet of rentable area designated as Suite 100 of the Building (the “Expansion Space”), being more fully shown and described on the floor plan attached hereto as Exhibit A and made a part hereof for all purposes, for a term that is coterminous with the Lease Term. Tenant acknowledges that the Expansion Space is currently occupied by an existing tenant (the “Existing Tenant”) and that Landlord and such Existing Tenant are concurrently herewith entering into an early termination agreement to terminate such Existing Tenant’s lease as of November 30, 2017. Tenant hereby waives any claims against Landlord in the event that such Existing Tenant holds over in the Premises beyond the Expansion Commencement Date. If such Existing Tenant holds over in the Expansion Space beyond the Expansion Commencement Date, the Expansion Commencement Date, and Xxxxxx’s obligation to commence paying rent with respect to the Expansion Space, shall nonetheless still commence on the Expansion Commencement Date. Following such Existing Tenant surrendering the Expansion Space to Landlord, Landlord shall thereafter deliver the same to Tenant. Upon the Expansion Commencement Date, Landlord may prepare and deliver to Tenant a certificate establishing the Expansion Commencement Date, which Tenant shall acknowledge by executing a copy and returning it to Landlord within ten (10) business days after its receipt from Landlord. Failure of Landlord to send any such certificate shall have no effect on the Expansion Commencement Date. In the event there is any delay in the delivery of the Expansion Space to Tenant (including, without limitation, due to the Existing Tenant holding over in the Expansion Space past the expiration of its lease), then this First Amendment shall not be void or voidable, nor shall Landlord be liable to Tenant for any loss or damage resulting therefrom. Xxxxxx has advised Landlord that it intends to permit Existing Tenant continue to occupy the Expansion Space through December 15, 2017, and Landlord hereby consents to Tenant permitting Existing Tenant to remain the Expansion Space through such date; provided, however, the Expansion Commencement Date, and Tenant’s obligation to commence paying rent with respect to the Expansion Space, shall commence on the Expansion Commencement Date.

  • General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies.

  • Commissioning Commissioning tests of the Interconnection Customer’s installed equipment shall be performed pursuant to applicable codes and standards. The ISO and Connecting Transmission Owner must be given at least five Business Days written notice, or as otherwise mutually agreed to by the Parties, of the tests and may be present to witness the commissioning tests.

  • Development Within twenty (20) Working Days after the Commencement Date and in accordance with paragraphs 3.10 to 3.12 (Amendment and Revision), the Contractor will prepare and deliver to the Authority for approval the full and final Security Plan which will be based on the draft Security Plan set out in Appendix B.

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