Early Availability. 3.7.1 Notwithstanding anything to the contrary contained herein, Licensor may make available to Other Distributors in the Territory any Current Film(s) on an availability date prior to such Current Film’s Home Video Street Date (an “Early Avail Date”); provided, that Licensor offers Licensee the same Early Avail Date for such Current Film on the same terms and conditions directly related to the grant of such Early Avail Date including (to the extent directly related) any more Favorable Economic Terms and any additional content protection requirements (for any marketing and/or promotional commitments which are impracticable for Licensee to meet, Licensor shall accept in substitution for each such commitment a comparable marketing and/or promotional commitment proposed by Licensee, and for any content protection technology, Licensor shall also offer any alternative content protection technology that Licensor has approved for use with respect to exhibition prior to the first pay television windows) (the “Early Avail Related Terms and Conditions”). Licensor shall provide Licensee with written notice of each Current Film with an Early Avail Date and the Early Avail Related Terms and Conditions (which disclosure shall be treated as confidential hereunder) no later than the earlier of
Early Availability. Notwithstanding anything herein to the contrary, if the Existing Lease terminates (or Xxxx’x right to possession is terminated), or is reasonably anticipated by Landlord to be terminated, prior to its stated expiration date as a result of a default by Xxxx thereunder, Landlord, at its option, may provide Tenant with written notice of such prior termination (the “Prior Termination Notice”). Notwithstanding any provision to the contrary in this Section 11.3, Landlord shall have no right to provide Tenant with a Prior Termination Notice in the event the Existing Lease terminates for any reason other than a default by Xxxx thereunder (including, without limitation, any early termination of the Existing Lease mutually agreed to by Xxxx and Landlord which is not a result of or related to a default by Xxxx under the Existing Lease), and Tenant shall continue to have the option to lease the Future Expansion Space in accordance with the terms and conditions of Section 11.1 above. If Landlord provides Tenant with a Prior Termination Notice, Tenant shall have the option to lease the Future Expansion Space in accordance with the terms and conditions set forth in Section 11.1 above, except that the Expansion Notice shall be due within thirty (30) days after the date of Landlord’s Prior Termination Notice, and the commencement date for such Future Expansion Space shall be determined in accordance with the terms of Section 11.2.4, above, it being agreed that Landlord shall in no event deliver the Future Expansion Space to Tenant prior to February 1, 2011. If Tenant does not provide Landlord with an Expansion Notice within such thirty (30) day period or if Tenant is not entitled to exercise its Expansion Option due to a violation of one of the conditions set forth in Section 11.1 above, Tenant’s Expansion Option shall be deemed to be null and void and Tenant shall have no further rights to lease the Future Expansion Space hereunder.
Early Availability. The Structure being composed of several independent zones, the Developer can invite the Client to take possession of certain pre-defined zones in advance as they are completed in order to allow the Client to carry out its interior arrangement work and its installation process understanding that the ”Delivery of the Structure” shall be considered completed once all of the buildings and the private roads and utilities are delivered. This Delivery must take place at the latest by the deadline defined above in article 8.1. These availabilities shall take place within the context of planning included in Annex 2. In this supposition, an inspection report carried out in the presence of both parties shall be established between the Client and the Developer before each part or all of the buildings are made available. To this end, the Developer shall summon the Client no later than 5 business days before all or part of the zones are made available. Should the Client fail to comply with the summons, its Occupants or Intervening parties shall not have the right to take possession of the portions of the buildings concerned. The various Inspection Reports shall set out to prevent any protest regarding the origin of possible reservations as part of the delivery of the Structure. MEAS – SNC ADOUR DEVELOPPEMENT INDUSTRIES ET COMMERCES Real Estate Development Contract for the Construction of a New Building
Early Availability. In order for Lessee to perform its early development and equipment work in Section 6, following Completion of said section, Lessor will make available to Lessee the warehouse portion of Section 6 at an earlier time, fifteen (15) calendar days before the Taking of possession, and in any case after the casting and drying of the slab. The manner (schedule, terms, and conditions) in which the above-mentioned areas shall be made available early is defined in the agreement attached herein (Appendix 17). To this end, a State of the premises shall be drafted between the Parties, whether they are present or represented. Lessee pledges to respect all safety measures related to the work site, not to hinder the continuation of the work in Section 6 within the set deadlines, not to perform installation or other work that would prevent the compliance of Section 6 or the issuance of the subject certification. In no case shall Lessee be authorized to perform its activity in the premises that are made available. Finally, Lessee pledges to purchase at that time all required insurance policies, concerning both the assets and the performance of the anticipated work. It is recalled that the early availability offered to Lessee of the warehouse portion of Section 6 shall terminate automatically upon the date of the Taking of Possession by Lessee. It is further recalled that the availability of Section 6 to Lessee may not be delayed if Lessee’s development work is not completed on that date, and that the non-completion by Lessee of its development work, or the existence of defects and reservations in the performance, may not affect the Completion of Section 6. Lessee’s development work shall correspond to the work mentioned in the appendix of the above-mentioned early availability agreement, and shall be approved by Lessor in advance. All other work that is requested shall be submitted to Lessor for prior validation.
Early Availability. If any existing lease set forth in Section A is terminated and Landlord regains possession of the applicable Offering Space prior to the Scheduled Expiration Date for such space, then notwithstanding Subsection A above, the period for Landlord’s delivery of an Advice for such Offering Space shall instead be no later than 90 days following Landlord’s recovery of possession.
Early Availability. Tenant acknowledges that the Substitution Space is currently leased by Landlord (as successor in interest to CM Capital Corporation) to Citibank (West), FSB (“Citibank”) pursuant to the terms of a lease dated January 2, 1997, as the same may be amended from time to time (the “Existing Lease”). Notwithstanding anything herein to the contrary, if the Existing Lease terminates (or Citibank’s right to possession is terminated) prior to its stated expiration date, Landlord, at its option, may provide Tenant with written notice of such prior termination (the “Prior Termination Notice”). If Landlord provides Tenant with a Prior Termination Notice, the Substitution Effective Date shall be accelerated to be the date Landlord delivers possession of the Substitution Space to Tenant; provided that notwithstanding the foregoing, in no event shall the Substitution Effective Date be earlier than the date that is the later of (a) June 1, 2006 or (b) sixty (60) days following the date Landlord delivers a Prior Termination Notice to Tenant.
