Go Dark Sample Clauses
A "Go Dark" clause allows a tenant to cease operations at a leased premises without being in default under the lease. Typically, this clause outlines the conditions under which the tenant can stop conducting business, such as continuing to pay rent or maintaining the property, even if the store is closed to the public. Its core practical function is to provide flexibility for tenants facing business challenges, while also protecting the landlord’s interests by ensuring ongoing rent payments or other obligations are met.
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Go Dark. Provided that no (i) monetary Event of Default by Lessee or (ii) non-monetary Event of Default by the Lessee that Lessee is not diligently pursuing to cure, shall have occurred and be continuing under the Lease, Lessee shall have the right, in its sole discretion to cease operations and vacate the Property.
Go Dark. The sublease and recapture rights described below will apply only during the period in which the Existing Loan or any subsequent mortgage loan on the Premises with a material restriction on “dark space” is outstanding. If Tenant shall cease operating the business conducted upon 40% or more of the Premises (not including portions of the Premises which have not yet been built out) (hereinafter referred to as “Go Dark”) and Tenant remains closed for business in such portion (hereinafter referred to as the “Recapture Portion”) for forty-five (45) consecutive days or more, excluding force majeure events and repairs due to casualty, then Tenant shall, if requested by Landlord, sublease the Recapture Portion to Caidan on a month-to-month basis on the same economic terms as this Lease, until Tenant gives a Reopening Notice (defined below) to Landlord and after a reasonable period of time for Caidan to vacate. If a Reopening Notice is not received by Landlord within one year after such sublease commences, Landlord, in its sole discretion, shall have an ongoing right to recapture possession of the Recapture Portion and terminate this Lease as it relates to such Recapture Portion by providing Tenant with written notice of Landlord’s election to do so (hereinafter referred to as the “Recapture Notice”). Tenant shall have the right within ten (10) business days after its receipt of the Recapture Notice to elect to cancel such Recapture Notice by giving Landlord written notice that Tenant shall recommence operations in the Recapture Portion (for this purpose and for the purpose of ending a sublease of the Recapture Portion, the “Reopening Notice”), and Tenant shall actually re-commence such operations in the Recapture Portion within ten (10) business days after Tenant’s receipt of the Recapture Notice. In the event Tenant fails to give Landlord the Reopening Notice within such ten (10) business day period, then this Lease, as it relates to the Recapture Portion, shall terminate ten (10) business days after ▇▇▇▇▇▇’s receipt of the Recapture Notice. In such event, (a) Tenant shall deliver such Recapture Portion to Landlord in the condition required hereunder upon expiration of the Lease and (b) Landlord shall have the right to recapture a proportionate share of Tenant’s Parking Spaces (as hereinafter defined) simultaneously with recapture of the Recapture Portion.
Go Dark. Lessee ceases to conduct business operations (including any decommissioning activities) on, at or from the Premises for a period in excess of six (6) months; provided, however, that this provision does not include a cessation of business operations resulting from a casualty or other act of Force Majeure.
Go Dark. Notwithstanding anything to the contrary in the Lease, Tenant (or its permitted assignee or sublessee hereunder) shall have the right to cease the conduct of business in the Premises at any time during the Term, as may be extended pursuant to the terms of this Lease without Tenant being deemed to be in default under this Lease, provided that (i) Tenant shall continue to satisfy all of its other obligations under the Lease, in ac- cordance with the terms and conditions set in this Lease.