Common use of Demolition of Improvements Clause in Contracts

Demolition of Improvements. Notwithstanding the ------------- -------------------------- provisions of Sections 22.01 or 22.03, Landlord shall have the right to require that Tenant demolish and remove all or certain designated Improvements from the Leased Premises upon the expiration of the Term. Such election by Landlord shall be made by written notice from Landlord to Tenant given within thirty (30) days after Tenant provides written notice to Landlord in accordance with the provisions of Section 22.03. In the event of such election by Landlord, Tenant shall commence and complete such demolition or removal at Tenant's expense and shall grade and seed the Leased Premises following such demolition and removal within a reasonable time after the expiration of the Term. Before commencing any demolition or removal, Tenant shall furnish to Landlord surety bonds insuring completion of the demolition and removal as required by this Section. In the event that Tenant shall fail fully and properly to complete such demolition and removal within a reasonable time after the expiration of the Term, Landlord shall be entitled to complete the same, and the costs thereof incurred by Landlord shall be payable by Tenant to Landlord as additional Rent; provided, however, that if such demolition and removal cannot be completed by Tenant within a reasonable time after the expiration of the Term because of Unavoidable Delay, the Term shall be extended by a period of time commensurate with such Unavoidable Delay so as to permit Tenant an opportunity to complete its demolition and removal.

Appears in 2 contracts

Samples: Assignment of Option Agreement (Hollywood Park Operating Co), Option Agreement (Hollywood Park Operating Co)

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Demolition of Improvements. Notwithstanding ‌ If the ------------- -------------------------- provisions Redevelopment Plan is disapproved by the BPC pursuant to Section 6.10, and Tenant elects to demolish the Improvements (“Tenant’s Demolition Election”) by written notice to Landlord at any time before the end of Sections 22.01 or 22.03the sixty-third (63rd) Lease Year, Landlord then Tenant (a) shall have the right to require that Tenant demolish and remove all or certain designated Improvements from the Leased Premises upon the expiration of the Term. Such election by Landlord shall be made by written notice from Landlord to Tenant given within thirty Improvements (30) days after Tenant provides written notice to Landlord in accordance with the provisions of Section 22.03. In the event of such election by Landlord, Tenant shall commence and complete such demolition or removal at Tenant's expense and shall grade and seed the Leased Premises following such demolition and removal within a reasonable time after the expiration of the Term. Before commencing any demolition or removal, Tenant shall furnish to Landlord surety bonds insuring completion of the demolition and removal as required by this Section. In the event that Tenant shall fail fully and properly to complete such demolition and removal within a reasonable time after the expiration of the Term, Landlord shall be entitled to complete the same, and the costs thereof incurred by Landlord shall be payable by Tenant to Landlord as additional Rent; provided, however, that Tenant shall not demolish or remove any of the following Improvements if Landlord instructs Tenant not to demolish or remove such Improvements in a written notice (“Landlord’s Non-Demolition Notice”) that is provided to Tenant no later than one (1) month after Xxxxxx’s notice of Xxxxxx’s Demolition Election: (i) the Parking Improvements (if Landlord has paid the Landlord’s Parking Contribution), (ii) any Existing Improvements and (iii) any public and private utilities; (b) shall perform all remediation work that is required pursuant to Section 21.3 by the Expiration Date, but not earlier than twelve (12) months prior to the Expiration Date; and (c) shall obtain all permits required to perform such work in advance of the Expiration Date. Tenant acknowledges that demolition and removal cannot be completed by Tenant within a reasonable time after the expiration of the Term because of Unavoidable Delay, the Term shall be extended by a period of time commensurate with such Unavoidable Delay so as to permit Tenant an opportunity to complete its Improvements and demolition and removal.removal of public and private utilities and/or the remediation work pursuant to Section 21.3 may require Tenant to

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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