Landlord’s Contingency. Tenant acknowledges and agrees that the terms and conditions of this Lease are specifically contingent upon the approval by Landlord's Mortgagee(s) of this Lease. Accordingly, in the event that Landlord's Mortgagee(s) fails to approve this Lease, this Lease shall automatically terminate and be of no further force or effect.
Landlord’s Contingency. Subject to the terms set forth below, Landlord shall have the right to terminate the Lease if Landlord shall not have secured an option to purchase the Land from the Washington County Authority (the “Purchase Option”) on or before October 31, 2012. In the event of any such termination, neither party shall have any further liability hereunder.
Landlord’s Contingency. Notwithstanding anything to the contrary set forth herein, Landlord and Tenant hereby acknowledge and agree that (i) as of the date of this Lease, the Leased Premises are leased to EMD; and (ii) Landlord’s obligations under this Lease are contingent upon Landlord entering into a lease amendment with EMD wherein EMD agrees to release its rights with respect to the Leased Premises (the “EMD Amendment”). In the event EMD fails to execute the EMD Amendment, Landlord shall so notify Tenant in writing, and this Lease shall automatically terminate as of the date seven (7) days after the date upon which Landlord so notifies Tenant. Landlord and Tenant further acknowledge and agree that Landlord shall have no liability to Tenant in the event this Lease is terminated by Landlord pursuant to this Section 10.18. Landlord shall use good faith efforts and due diligence to cause the full execution of the EMD Amendment.
Landlord’s Contingency. The second sentence of Section 4 of the Fifth Amendment is amended and restated in its entirety to read as follows:
Landlord’s Contingency. Tenant acknowledges that Landlord is presently negotiating to lease the Reduction Space to Sun Oil Company or one of its affiliated entities (the “Successor Lessee”). Tenant agrees that if Tenant has not received written notice from Landlord on or before June 30, 2004 stating that Successor Lessee and Landlord have executed a lease for the Reduction Space (“Landlord’s Notice”), then this Amendment shall be null and void as of the close of June 30,
Landlord’s Contingency. Tenant acknowledges that Landlord is presently negotiating to lease the P-2 Space to another tenant in the Building (the “Successor Lessee”), and Tenant agrees that this Amendment shall be null and void upon Tenant’s receipt of written notice from Landlord stating that negotiations with the Successor Lessee have terminated without the Successor Lessee and Landlord having executed a lease of the P2 Space Space. In order to enable Landlord to pursue negotiations with the Successor Lessee respecting such lease, Landlord and Tenant agree that, apart from Landlord’s negotiations with the Successor Lessee, neither Landlord nor Tenant shall offer the P-2 Space or any portion thereof for lease or sublease to any third party for a period of ten (10) days after the date of full execution of this Amendment.
Landlord’s Contingency. Landlord’s obligations under this Lease re expressly subject to and conditioned upon the surrender of the Premises by the existing tenant to Landlord on terms acceptable to Landlord in its sole and absolute discretion; provided, however, that failure by Landlord to release this contingency by the Commencement Date shall result in the Commencement Date being extended day for day until such contingency is satisfied.
Landlord’s Contingency. Tenant acknowledges that Landlord is presently negotiating to lease the Reduction Space to Sun Oil Company or one of its affiliated entities (the “Successor Lessee”). Tenant agrees that if Tenant has not received from Landlord, within forty-five (45) days after the date of this Amendment, written notice from Landlord stating Successor Lessee and Landlord have executed a lease for the Reduction Space (“Landlord’s Notice”), then this Amendment shall be null and void as of the expiration of such forty-five (45) days. In order to enable Landlord to pursue negotiations with the Successor Lessee respecting such lease, Landlord and Tenant agree that, apart from Landlord’s negotiations with the Successor Lessee, neither Landlord nor Tenant shall offer the Premises or any portion thereof for lease or sublease to any third party for a period of thirty (30) days after the date of full execution of this Amendment; provided, however, that Tenant may continue to show the Premises or any portion thereof to prospective sublessees during such period.
Landlord’s Contingency. Tenant acknowledges that the Premises are subject to an existing lease to another tenant, and that Landlord's obligations under this Lease are conditioned upon (i) Landlord's obtaining a termination of that Lease which is satisfactory to Landlord, and (ii) the existing tenant vacating the Premises by December 15, 2005. [SIGNATURE PAGE TO TRIPLE NET LEASE]
Landlord’s Contingency. Landlord's obligations under this Lease shall be contingent upon Landlord's acquisition of fee simple title to and ownership of Parcel A, Parcel B, Parcel C and Parcel D on terms satisfactory to Landlord in its sole and absolute discretion. If the foregoing contingency is not satisfied on or prior to the 30th day after execution and delivery of the Lease by Tenant and Landlord and execution and delivery of the Guaranty by Guarantor to Landlord, then Landlord may (subject to the last sentence of this ARTICLE 37) terminate this Lease by notice given to Tenant on or before the 35th day after the execution and delivery of the Lease and Guaranty to Landlord, and in such case this Lease will then automatically become null and void. Landlord's failure to terminate the Lease by such date shall be deemed a waiver of such contingency. If Landlord's contingency described in the first sentence of this ARTICLE 37 has not been satisfied by the date specified therefor in the second sentence of this Article, Tenant may unilaterally extend the final date for satisfaction thereof from the 30th to the 60th day after execution and delivery of this Lease by both parties hereto, by sending Landlord notice of such extension before the 35th day after execution and delivery of this Lease, but if Tenant does so, and if during such 30-day extension period Landlord for any reason either fails to commence construction (including earth moving) work on Parcel A or, having commenced construction, stops or materially slows down construction work on Parcel A, then automatically and without further action of any Person each and every deadline or performance and penalty date applicable to Landlord under the Leasehold Improvement Agreement (including, without limitation, the stated Delivery Date specified therein) shall be extended and deferred 30 days beyond the date that would otherwise have been applicable thereto.
