Exercise of Termination Option. In order to exercise the Termination Option, Customer must timely deliver the “Termination Notice,” and timely pay the “Termination Fee,” to Service Provider as provided below:
Exercise of Termination Option. The Government, the Project Company and the Shareholder may exercise any option which it may have under this Clause 10 (Early Termination Buyout Regime), by giving written notice to the other Party of such exercise at any time within sixty (60) Days from the Day on which such option first arose (such sixty (60)-Day period, the "Option Exercise Period"). If a Party has an option in accordance with this Clause 10 (Early Termination Buyout Regime) (such option, an "Applicable Option") and does not exercise that Applicable Option within the Option Exercise Period related to such Applicable Option, then: such Party shall be deemed to have waived and renounced all rights which may have under the Applicable Option; and the Project Company shall continue to own the Project Property and shall be free to (but shall not be obliged to) sell or transfer the Project Property (or any of them) to any third-party.
Exercise of Termination Option. In the event of a Default, the Owner may terminate this Agreement upon expiration of the cure period described in subparagraph 9.b above by giving Maxim written notice of its election to terminate this Agreement, provided that Xxxxx has not timely cured the Default. Should Termination Option be exercised, Owner would pay to Maxim the Management Fee and Contingent Fee through the date of termination and reimburse Maxim for all expenses authorized under the terms of this Agreement incurred through the date of termination less damages caused by the breach. For purposes of this paragraph, the date of termination is the date specified by Owner in its notice to Maxim. In the event of a Default by Owner, Xxxxx may terminate this Agreement upon expiration of the cure period described in subparagraph 9.b above by giving Owner written notice of its election to terminate this Agreement, provided that Owner has not timely cured the Default, or is not diligently attempting to cure said default.
Exercise of Termination Option. Tenant shall exercise the Termination Option by delivering to Landlord written notice of termination (the "TERMINATION NOTICE") at least two hundred seventy (270) days prior to the Termination Date.
Exercise of Termination Option. In the event of a Default, City may terminate this Agreement upon expiration of the cure period described in Section 5.1.b above, by delivering to Contractor written notice of its election to terminate the Agreement, provided that Contractor has not timely cured the Default. Delivery of said notice terminates the Agreement and Contractor shall immediately, at City’s option, vacate the premises.
Exercise of Termination Option. Provided (i) this Lease has not been terminated previously pursuant to the provisions of this Lease or pursuant to law; and (ii) Tenant is not then in default (x) under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed (other than the covenant to pay Fixed Rent) beyond the applicable notice and cure periods set forth in this Lease or (y) of the covenant to pay Fixed Rent, Tenant shall have the right to terminate this Lease and the Demised Term as of the last day of any calendar month (which day is referred to as the "Earlier Termination Date") by notice to Owner exercising such right at least sixty (60) days prior to the Earlier Termination Date, together with a certified or bank check to the order of Owner in a sum equal to the Termination Consideration, which sum shall be in addition to the Fixed Rent and additional rent payable by Tenant under the provisions of this Lease through the Earlier Termination Date. Time is of the essence with respect to the giving of such notice and any notice given after the Termination Option Notice Date purporting to exercise such option shall be void and of no force or effect. Such notice of termination shall be given in accordance with the provisions of Article 27. In the event Tenant shall give any such notice of termination pursuant to the provisions of this Section and shall otherwise comply with the conditions of the exercise of Tenant's right to terminate this Lease, including, but not limited to, the payment of the Termination Consideration, this Lease and the Demised Term shall come to an end and expire on the Tenant's Earlier Termination Date with the same force and effect as though said date were the Expiration Date, unless sooner terminated pursuant to any other term, covenant or condition of this Lease or pursuant to law.
Exercise of Termination Option. Tenant may exercise its Termination Option upon written notice ("Termination Notice") delivered to Landlord no later than March 31, 2018, time being of the essence with regard to the delivery of such Termination Notice. If Tenant fails or refuses to (i) pay to Landlord the Termination Fee as and when required, or (ii) satisfy all conditions precedent, Tenant shall not have the right to terminate this Lease as of the applicable Effective Date of Termination, and any Termination Notice issued by Tenant prior thereto shall be without force or effect. Subject to the foregoing, on the Effective Date of Termination of this Lease, Landlord and Tenant agree that this Lease shall be terminated and rendered null and void and Tenant shall return the Premises to Landlord in accordance with the terms and conditions specified in this Lease. Neither Landlord nor Tenant shall be responsible for their respective duties and obligations under the Lease occurring after termination, except for those duties and obligations specifically identified as surviving termination.
Exercise of Termination Option. Tenant may exercise the Early Termination Option only by (i) delivering to Landlord an irrevocable notice of such exercise (the “Termination Notice”) no later than April 30, 2019, and (ii) paying to Landlord the Termination Payment (as that term is defined below). For purposes hereof, the “Termination Payment” shall be an amount equal to the sum of (A) the unamortized amount as of the Termination Date of the Tenant Improvement Allowance (including, without limitation, any Additional Improvement Allowance), (B) the unamortized amount as of the Termination Date of the Abated Rent provided to Tenant as set forth in Exhibit H attached hereto, (C) the unamortized amount as of the Termination Date of the leasing commissions paid by Landlord in connection with this Lease, (D) interest on the amounts in items (A), (B) and (C) above, computed based on an eight percent (8%) annual interest rate, and (E) an amount equal to two (2) months of the Basic Rent that would have otherwise been applicable to the Premises immediately following the Termination Date. In addition, in the event that Tenant has exercised the Right of First Offer prior to April 30, 2018, then with respect to the First Offer Space leased pursuant to any such exercise, the Termination Payment shall also include an amount equal to the sum of (I) the unamortized amount as of the Termination Date of any improvement allowance provided by Landlord to Tenant in connection with the First Offer Space, (II) the unamortized amount as of the Termination Date of any abated rent (if any) provided to Tenant in connection with the First Offer Space, (III) the unamortized amount as of the Termination Date of the leasing commissions paid by Landlord in connection with the First Offer Space, (IV) interest on the amounts in items (I), (II) and (III) above, computed based on an eight percent (8%) annual interest rate, and (V) an amount equal to two (2) months of the Basic Rent that would have otherwise been applicable to the First Offer Space immediately following the Termination Date. The Termination Payment shall be payable to Landlord no later than twenty (20) days following Landlord’s receipt of the Termination Notice. The amounts in (A), (B) and (C), above, with respect to the Initial Premises, shall be amortized on a straight-line basis over the period commencing on the first day of the seventh (7th) full calendar month of the initial Term and ending on the last day of the initial Term, and the amounts in (A), (B) ...
Exercise of Termination Option. Tenant may exercise the Termination Option only by (i) delivering to Landlord irrevocable notice of such exercise (the “Termination Notice”) on or before the last day of the thirty-sixth (36th) full calendar month of the initial Term (and no earlier than the first day of the twenty-fifth (25th) full calendar month of the initial Term) and (ii) together with the Termination Notice, paying to Landlord an amount equal to Three Hundred Sixty-Four Thousand Three Hundred Thirty-Three and No/100 dollars ($364,333.00) (the “Termination Payment”). If Tenant shall fail timely to deliver the Termination Notice, or timely to pay the Termination Payment, then the Termination Right shall be null and void and Tenant shall have no further rights under this Exhibit H.
Exercise of Termination Option. Tenant shall exercise the Termination Option by delivering to Landlord written notice of termination (the “Termination Notice”) no less than one hundred eighty (180) days prior to the Early Termination Date (the “Termination Notice Deadline”), time being of the essence and timely notice being an express condition of valid exercise of each the Termination Option. If Tenant fails to deliver or timely deliver the Termination Notice as required by this Section, the Termination Option automatically shall be null and void and of no further effect. Upon proper and timely delivery of the Termination Notice, the Lease shall end as of 11:59 p.m. on the Early Termination Date as if such date were the date of expiration of the Lease.
