Common use of Extension of Outside Date Prior to the Delivery of Termination Notice Clause in Contracts

Extension of Outside Date Prior to the Delivery of Termination Notice. If, prior to the Outside Date, Landlord determines that it will not be able to tender possession of the Premises to Landlord on or prior to the Outside Date, then Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s opinion as to the date by which Landlord will be able to tender possession of the Premises to Tenant, and Tenant shall be required, within five (5) business days after receipt of such notice, to deliver a notice to Landlord pursuant to which Tenant shall elect either (i) to terminate this Lease, in which case this Lease shall terminate and be of no further force or effect upon Landlord’s receipt of such notice, or (ii) to agree to extend the Outside Date to that date set forth in Landlord’s notice to Tenant. Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s agreement to extend the Outside Date to that date set forth in Landlord’s notice to Tenant. If Tenant agrees or is deemed to have agreed to extend the Outside Date, then Landlord shall have a continuing right to deliver a notice to Tenant which requests Tenant to elect either to terminate this Lease or to further extend the Outside Date as set forth in this Section 2.2.3, above, until the occurrence of the Lease Commencement Date or until this Lease is terminated. Upon the delivery of a Termination Notice by Tenant pursuant to Section 2.2.1 above in connection with an Outside Date extended pursuant to this Section 2.2.3, Landlord shall also have the same right to deliver the Termination Extension Notice as to the new Outside Date, as set forth in Section 2.2.2, above.

Appears in 5 contracts

Samples: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

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Extension of Outside Date Prior to the Delivery of Termination Notice. If, prior to the Outside Date, Landlord determines reasonably determines, in good faith, that it the Access Date will not be able to tender possession of the Premises to Landlord on or prior to occur by the Outside Date, then Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s 's opinion as to the date by which Landlord the Access Date will be able to tender possession of the Premises to Tenantoccur, and Tenant shall be required, within five (5) business days after receipt of such notice, to deliver a notice to Landlord pursuant to which Tenant shall elect either (i) to terminate this Lease, in which case this Lease shall terminate and be of no further force or effect upon Landlord’s 's receipt of such notice, or (ii) to agree to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s 's agreement to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. If Tenant agrees or is deemed to have agreed to extend the Outside Date, then Landlord shall have a continuing right to deliver a notice to Tenant which requests Tenant to elect either to terminate this Lease or to further extend the Outside Date as set forth in this Section 2.2.32.3.3, above, until the occurrence of the Lease Commencement Access Date or until this Lease is terminated. Upon the delivery of a Termination Notice by Tenant pursuant to Section 2.2.1 2.3.1 above 4000-0000-0000.5 391174.00001/5-24-21//mem -10- XXXXXX XXXXX [Turning Point Therapeutics] in connection with an Outside Date extended pursuant to this Section 2.2.32.3.3, Landlord shall also have the same right to deliver the Termination Extension Notice as to the new Outside Date, as set forth in Section 2.2.22.3.2, above.

Appears in 1 contract

Samples: Callan Ridge (Turning Point Therapeutics, Inc.)

Extension of Outside Date Prior to the Delivery of Termination Notice. If, prior to the Outside Date, Landlord determines that it the Lease Commencement Date will not be able to tender possession of the Premises to Landlord on or prior to occur by the Outside Date, then Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s 's opinion as to the date by which Landlord the Lease Commencement Date will be able to tender possession of the Premises to Tenantoccur, and Tenant shall be required, within five (5) business days after receipt of such notice, to deliver a notice to Landlord pursuant to which Tenant shall elect either (i) to terminate this Lease, in which case this Lease shall terminate and be of no further force or effect upon Landlord’s 's receipt of such notice, or (ii) to agree to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s 's agreement to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. If Tenant agrees or is deemed to have agreed to extend the Outside Date, then Landlord shall have a continuing right to deliver a notice to Tenant which requests Tenant to elect either to terminate this Lease or to further extend the Outside Date as set forth in this Section 2.2.31.1.5.3, above, until the occurrence of the Lease Commencement Date or until this Lease is terminated. Upon the delivery of a Termination Notice by Tenant pursuant to Section 2.2.1 1.1.5.1 above in connection with an Outside Date extended pursuant to this Section 2.2.31.1.5.3, Landlord shall also have the same right to deliver the Termination Extension Notice as to the new Outside Date, as set forth in Section 2.2.21.1.5.2, above.

Appears in 1 contract

Samples: Partial Lease Termination Agreement (Zentalis Pharmaceuticals, Inc.)

Extension of Outside Date Prior to the Delivery of Termination Notice. If, prior to the Outside Date, Landlord determines that it the Delivery Date will not be able to tender possession of the Premises to Landlord on or prior to occur by the Outside Date, then Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s 's opinion as to the date by which Landlord the Delivery Date will be able to tender possession of the Premises to Tenantoccur, and Tenant shall be required, within five (5) business days after receipt of such notice, to deliver a notice to Landlord pursuant to which Tenant shall elect either (i) to terminate this Lease, in which case this Lease shall terminate and be of no further force or effect upon Landlord’s Xxxxxxxx's receipt of such notice, or (ii) to agree to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s 's agreement to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. If Tenant Xxxxxx agrees or is deemed to have agreed to extend the Outside Date, then Landlord shall have a continuing right to deliver a notice to Tenant which requests Tenant to elect either to terminate this Lease or to further extend the Outside Date as set forth in this Section 2.2.3, above, until the occurrence of the Lease Commencement Delivery Date or until this Lease is terminated. Upon the delivery of a Termination Notice by Tenant pursuant to Section 2.2.1 above in connection with an Outside Date extended pursuant to this Section 2.2.3, Landlord shall also have the same right to deliver the Termination Extension Notice as to the new Outside Date, as set forth in Section 2.2.2, above.

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

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Extension of Outside Date Prior to the Delivery of Termination Notice. If, prior to the Outside Date, Landlord determines that it the Possession Date will not be able to tender possession of the Premises to Landlord on or prior to occur by the Outside Date, then Landlord shall have the right to deliver a written notice to Tenant stating Landlord’s 's opinion as to the date by which Landlord the Possession Date will be able to tender possession of the Premises to Tenantoccur, and Tenant shall be required, within five (5) business days after receipt of such notice, to deliver a notice to Landlord pursuant to which Tenant shall elect either (i) to terminate this Lease, in which case this Lease shall terminate and be of no further force or effect upon Landlord’s 's receipt of such notice, or (ii) to agree to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. Failure by Tenant to deliver such notice or to make such election shall be deemed to be Tenant’s 's agreement to extend the Outside Date to that date set forth in Landlord’s 's notice to Tenant. If Tenant agrees or is deemed to have agreed to extend the Outside Date, then Landlord shall have a continuing right to deliver a notice to Tenant which requests Tenant to elect either to terminate this Lease or to further extend the Outside Date as set forth in this Section 2.2.32.3.3, above, until the occurrence of the Lease Commencement Possession Date or until this Lease is terminated. Upon the delivery of a Termination Notice by Tenant pursuant to Section 2.2.1 2.3.1 above in connection with an Outside Date extended pursuant to this Section 2.2.32.3.3, Landlord shall also have the same right to deliver the Termination Extension Notice as to the new Outside Date, as set forth in Section 2.2.22.3.2, above.

Appears in 1 contract

Samples: Boardwalk Lease (Arcturus Therapeutics Holdings Inc.)

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