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. Landlord’s obligations are contingent upon:
a. the voters of the City of Loveland approving a levy on May 8, 2007 to construct the Premises
b. successful bidding of the facility within budgetary limitations, which must be completed on or before , 2007. If such contingency is neither satisfied nor waived within the designated time period, Landlord shall give written notice thereof to Tenant on or before December 31, 2007, in which event each party shall promptly pay the balance of their respective obligation to the Architect incurred through the date of such notice and each party shall thereafter have no obligation to the other hereunder. In the event that Landlord fails to give any such notice to Tenant on or before December 31, 2007, the contingency shall be deemed satisfied and this Lease shall continue in accordance with its terms. That portion of the 15.22± acre parcel described below, as is depicted on Exhibit B. Dear [Name of Contact Person at Tenant]: This letter shall confirm that the Commencement Date for the above-referenced Lease is [specify Commencement Date]. [Name of Tenant], as Tenant, hereby acknowledges the following: (i) Tenant is in possession of the Premises (as defined in the Lease); (ii) the Lease is in full force and effect; (iii) Landlord is not in default under the Lease; and (iv) possession of the Premises is accepted by Tenant as having been delivered in accordance with the terms and conditions of the Lease. Commencement Date: 200 Base Rent Commencement Date: 200 Please sign two (2) copies of this letter in the space provided below acknowledging your agreement with the above and return them to me at my office. I suggest you attach a copy of this letter to your copy of the Lease. Thank you again for your cooperation and assistance regarding this matter. Please contact me at any time should you have questions regarding the lease, building, or any related manner. Sincerely, Acknowledged and Agreed to this day of , 20 City of Loveland, Ohio By: Print Name: Title: [Name of Tenant] By: Print Name: Title: In addition to the words and terms elsewhere defined in this Lease, in this Exhibit C have the meanings set forth below.
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 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. 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. 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 and Tenant acknowledge that the effectiveness of this Lease is contingent upon Landlord entering into an agreement with Integrated Circuit Systems, Inc. for the early termination of the ICS Lease, on terms and conditions satisfactory to Landlord in its sole discretion (the “Termination Agreement”). Landlord shall use commercially reasonable efforts to obtain such Termination Agreement as soon as reasonably possible and shall notify Tenant in writing as soon as the Termination Agreement has been executed by Landlord and Integrated Circuit Systems, Inc. If the Landlord does not provide Tenant with reasonable evidence that this contingency has been met on or before October 14, 2007, Tenant may terminate this Lease upon written notice to Landlord whereupon Landlord shall return to Tenant the Security Deposit and all prepaid rents.
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. Tenant acknowledges that Landlord is entering into this Second Amendment in anticipation of Ariba vacating the Expansion Space on terms and conditions acceptable to Landlord. If Landlord and Ariba do not enter into a lease amendment excluding the Expansion Space from the premises leased to Ariba by October 31, 2001, or if Ariba does not pay Landlord the Space Reduction Fee by November 1, 2001, then Landlord shall have the right, but not the obligation, to cancel this Second Amendment, in which event the Premises shall not be expanded and the Lease shall continue in full force and effect as to the original Premises. If Landlord elects to cancel this Second Amendment, then Landlord shall provide written notice of such election to Tenant at the Notice Address of Tenant set forth in the Lease, failing which notice, this Second Amendment shall remain in full force and effect.
