Common use of Landlord Termination Option Clause in Contracts

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination.

Appears in 4 contracts

Samples: Future Media Productions, Future Media Productions, Immune Response Corp

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Landlord Termination Option. If a condition involving the presence of, or a contamination by, a Hazardous Substance Condition Material at the Premises that requires remediation (a “Hazardous Material Condition”) occurs or is discovered during the term of Lease Term and is not Tenant’s responsibility under this Lease, unless Lessee is legally responsible therefor Lease or the Legal Requirements (in which case Lessee Tenant shall make the investigation and remediation thereof required by this Lease and/or the Applicable Legal Requirements and this Lease shall continue in full force and effect, but subject to LessorLandlord's rights under Paragraph 6.2(dSection 6.B(4) and Paragraph 13Section 9), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost Landlord elects to remediate such condition and the estimated cost therefor exceeds twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greaterless, Landlord may, at Landlord's sole discretion, give written notice to Lessee, within thirty (30) days after receipt by Lessor Tenant of knowledge of the occurrence of such Hazardous Substance Condition, of LessorLandlord's desire to terminate this Lease as of the date sixty (60) 60 days following the date of such notice. In the event Lessor Landlord elects to give a termination notice, Lessee Tenant may, within ten (10) 10 days thereafter, give written notice to Lessor Landlord of LesseeTenant's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Material Condition exceeds an amount equal to twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greaterless. Lessee Tenant shall provide Lessor Landlord with said funds or satisfactory assurance thereof within thirty (30) 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor Landlord shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in LessorLandlord's notice of termination.

Appears in 2 contracts

Samples: Lease Agreement (iPower Inc.), Lease Agreement (iPower Inc.)

Landlord Termination Option. If a Hazardous Substance Condition condition occurs during the term of this Lease, unless Lessee Tenant is legally responsible therefor (in which case Lessee Tenant shall make the investigation and remediation thereof required by the Applicable Requirements Laws and this Lease shall continue in full force and effect, but subject to Lessor's Landlord’s rights under Paragraph 6.2(d) and Paragraph 1312.04), Lessor Landlord may, at Lessor's Landlord’s option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's Landlord’s expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or One Hundred Thousand Dollars ($100,000), whichever is greater, give written notice to LesseeTenant, within thirty (30) 30 days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's Landlord’s desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor Landlord elects to give a termination notice, Lessee Tenant may, within ten (10) days thereafter, give written notice to Lessor Landlord of Lessee's Tenant’s commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or One Hundred Thousand Dollars ($100,000), whichever is greater. Lessee Tenant shall provide Lessor Landlord with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor Landlord shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's Landlord’s notice of termination.

Appears in 1 contract

Samples: Industrial Net Lease (OVERSTOCK.COM, Inc)

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination.. 6.3

Appears in 1 contract

Samples: Magnetek Inc

Landlord Termination Option. If a condition involving the presence of, or a contamination by, a Hazardous Substance Condition Material at the Premises or any other portion of the Property that requires remediation (a "Hazardous Material Condition") occurs or is discovered during the term of Lease Term and is not Tenant's sole responsibility under this Lease, unless Lessee is legally responsible therefor Lease or the Legal Requirements (in which case Lessee Tenant shall make the investigation and remediation thereof required by this Lease and/or the Applicable Legal Requirements and this Lease shall continue in full force and effect, but subject to LessorLandlord's rights under Paragraph 6.2(d) Section 13.4 and Paragraph 13)Section 16, Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost Landlord elects to remediate such condition and the estimated cost of Landlord's portion thereof exceeds twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greaterless, Landlord may, at Landlord's sole discretion, give written notice to Lessee, within thirty (30) days after receipt by Lessor Tenant of knowledge of the occurrence of such Hazardous Substance Condition, of LessorLandlord's desire to terminate this Lease as of the date sixty (60) 60 days following the date of such notice. In the event Lessor Landlord elects to give a termination notice, Lessee Tenant may, within ten (10) 10 days thereafter, give written notice to Lessor Landlord of LesseeTenant's commitment to pay the amount by which Xxxxxxxx's portion of the cost of the remediation of such Hazardous Substance Material Condition exceeds an amount equal to twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greaterless. Lessee Tenant shall provide Lessor Landlord with said funds or satisfactory assurance thereof within thirty (30) 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor Landlord shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in LessorLandlord's notice of termination.

Appears in 1 contract

Samples: Lease Agreement (Beam Global)

Landlord Termination Option. If a Hazardous Substance Condition (see Paragraph 9.1(e)) occurs during the term of this Lease, unless Lessee Tenant is legally responsible therefor (in which case Lessee Tenant shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to LessorLandlord's rights under Paragraph 6.2(d) and Paragraph 13), Lessor Landlord may, at LessorLandlord's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greater, give written notice to LesseeTenant, within thirty (30) 30 days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition, of LessorLandlord's desire to terminate this Lease as of the date sixty (60) 60 days following the date of such notice. In the event Lessor Landlord elects to give a termination notice, Lessee Tenant may, within ten (10) 10 days thereafter, give written notice to Lessor Landlord of LesseeTenant's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greater. Lessee Tenant shall provide Lessor Landlord with said funds or satisfactory assurance thereof within thirty (30) 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor Landlord shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in LessorLandlord's notice of termination.

Appears in 1 contract

Samples: Fortunet, Inc.

Landlord Termination Option. If a Hazardous Substance Condition (see Paragraph 9.1(e)) occurs during the term of this Lease, unless Lessee Tenant is legally responsible therefor (in which case Lessee Tenant shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to LessorLandlord's rights under Paragraph 6.2(d) and Paragraph 13), Lessor . Landlord may, at LessorLandlord's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LessorLandlord's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greater, give written notice to LesseeTenant, within thirty (30) 30 days after receipt by Lessor Landlord of knowledge of the occurrence of such Hazardous Substance Condition, of LessorLandlord's desire to terminate this Lease as of the date sixty (60) 60 days following the date of such notice. In the event Lessor Landlord elects to give a termination notice, Lessee . Tenant may, within ten (10) 10 days thereafter, give written notice to Lessor Landlord of LesseeTenant's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) 12 times the then monthly Base Rent or $100,000, whichever is greater. Lessee Tenant shall provide Lessor Landlord with said funds or satisfactory assurance thereof within thirty (30) 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor Landlord shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in LessorLandlord's notice of termination.

Appears in 1 contract

Samples: Fortunet, Inc.

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's ’s rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's ’s option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's ’s expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's ’s desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's ’s commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's ’s notice of termination.

Appears in 1 contract

Samples: Immune Response Corp

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(dPARAGRAPH 5.2(D) and Paragraph 13PARAGRAPH 12), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve twenty five percent (1225%) times of the then monthly Base Rent or $100,000, whichever is greaterfair market value of the Premises (as defined below in this PARAGRAPH 5.2(G)), give written notice to Lessee, Lessee within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost this Lease shall terminate as of the remediation date specified in Lessor's notice of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitmenttermination. In such eventthe event Lessor does not elect to give a termination notice, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after possible. The "FAIR MARKET VALUE OF THE PREMISES" for purposes only of this PARAGRAPH 5.2(G) shall be the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as fair market value of the date specified Premises for its then use that a comparable owner of comparable quality property in Lessor's notice the vicinity of terminationthe Premises ("COMPARABLE PREMISES" herein) would accept in current transactions between non-affiliated parties, from a buyer which is not a lessee of the Comparable Premises, of comparable credit worthiness, for comparable space, with comparable parking, with comparable operating expenses, with comparable real property taxes, for a comparable period of time."

Appears in 1 contract

Samples: Veterinary Centers of America Inc

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, effect and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. available If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination.

Appears in 1 contract

Samples: Javelin Systems Inc

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Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, may at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination.

Appears in 1 contract

Samples: Somera Communications Inc

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination.

Appears in 1 contract

Samples: Eco Soil Systems Inc

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Lease, unless Lessee TENANT is legally responsible therefor (in which case Lessee TENANT shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to LessorLANDLORD's rights under Paragraph 6.2(d) and Paragraph 13), Lessor LANDLORD may, at LessorLANDLORD's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at LessorLANDLORD's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or One Hundred Thousand Dollars ($100,000100,000.00), whichever is greater, give written notice to LesseeTENANT, within thirty (30) days after receipt by Lessor LANDLORD of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's LANDLORD'S desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor LANDLORD elects to give a termination notice, Lessee TENANT may, within ten (10) days thereafter, give written notice to Lessor LANDLORD of LesseeTENANT's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or One Hundred Thousand Dollars ($100,000100,000.00), whichever is greater. Lessee TENANT shall provide Lessor LANDLORD with said funds filings or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor LANDLORD shall proceed to make such remediation as soon as reasonably possible after the required funds filings are available. If Lessee TENANT does not give such notice and provide the required funds filings or assurance thereof within the time provided, this Lease shall terminate as of the date specified in LessorLANDLORD's notice of termination.

Appears in 1 contract

Samples: Lease (Eip Microwave Inc)

Landlord Termination Option. If a condition involving the presence of, or a contamination by, a Hazardous Substance Condition Material at the Premises that requires remediation (a “Hazardous Material Condition”) occurs or is discovered during the term of Lease Term and is not Tenant’s responsibility under this Lease, unless Lessee is legally responsible therefor Lease or the Legal Requirements (in which case Lessee Tenant shall make the investigation and remediation thereof required by this Lease and/or the Applicable Legal Requirements and this Lease shall continue in full force and effect, but subject to Lessor's Landlord’s rights under Paragraph 6.2(dSection 6.B(4) and Paragraph 13Section 9), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost Landlord elects to remediate such condition and the estimated cost therefor exceeds twelve (12) times the then monthly Base Rent or $100,0002,000,000.00, whichever is greaterLandlord may, at Landlord’s sole discretion, give written notice to Lessee, within thirty (30) days after receipt by Lessor Tenant of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's Landlord’s desire to terminate this Lease as of the date sixty (60) 60 days following the date of such notice. In the event Lessor Landlord elects to give a termination notice, Lessee Tenant may, within ten (10) 10 days thereafter, give written notice to Lessor Landlord of Lessee's Tenant’s commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Material Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater2,000,000.00. Lessee Tenant shall provide Lessor Landlord with said funds or satisfactory assurance thereof within thirty (30) 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor Landlord shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee Tenant does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's Landlord’s notice of termination.

Appears in 1 contract

Samples: Xos, Inc.

Landlord Termination Option. If a Hazardous Substance Condition occurs during the term of this Leaselease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13), Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds twelve (12) times the then monthly Base Rent or $100,000, whichever is greater, give written notice to Lessee, within thirty (30) days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessor's desire to terminate this Lease as of the date sixty (60) days following the date of such notice. In the event Lessor elects to give a termination notice, Lessee may, within ten (10) days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to twelve (12) times the then monthly Base Rent or $100,000, whichever is greater. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within thirty (30) days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessor's notice of termination.. 6.3

Appears in 1 contract

Samples: Sigma Circuits Inc

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