Lease Termination. Notwithstanding any other provisions in this Lease, this Lease will terminate and the Tenant must immediately vacate the Leased Premises upon: (i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study. (ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease. (iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease. (iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights. (v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 7 contracts
Samples: Tenancy Lease Agreement, Tenancy Lease Agreement, Tenancy Lease Agreement
Lease Termination. Notwithstanding any other provisions in this Lease, a. The Landlord shall give written notice of termination of this Lease will terminate and the Tenant must immediately vacate the Leased Premises uponAgreement of, at a minimum:
(i1) 14 calendar days in the case of failure to pay rent.
(2) A reasonable time commensurate with the exigencies of the situation (no less than 10 days but not to exceed 30 calendar days) in the case of creation or maintenance of a threat to the health or safety of other tenants, the Landlord’s employees, or persons residing in the immediate vicinity of the premises, or in the case of any drug-related or violent criminal activity or any felony conviction.
(3) 30 calendar days in all other cases, or such shorter period of time as may be provided by any State or local law.
b. The date on which the Tenant is no longer enrolled as a student in a course notice of full-time study at the University of Toronto Mississauga, provided that Lease Agreement termination to the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by state specific grounds for termination, and shall inform the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation right to make such reply as the Tenant may wish or to discuss the proposed termination with the Landlord. The notice shall also inform the Tenant of the Leased Premises constitutes right to examine Landlord’s documents directly relevant to the termination or eviction. When the Landlord is required to afford the Tenant the opportunity for a substantial interference grievance hearing, the notice shall also inform the Tenant of the Tenant’s right to request a hearing in accordance with the Landlord’s lawful rightsgrievance procedure.
c. A notice to vacate, privilegeswhich is required by State or local law, and interests, and this is grounds for may be combined with or run concurrently with a notice of Lease Agreement termination.
d. When the Landlord is required to terminate afford the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly Tenant the opportunity for the benefit of hearing under the Landlord. The Landlord may’s grievance procedure for a grievance concerning the Lease Agreement termination, in its sole discretion, elect the tenancy shall not terminate (even if any notice to waive any vacate under State or all provision(slocal law has expired) of this subparagraph 7(k) and require until the time for the Tenant to remain in occupation of request a grievance hearing has expired, and (if a hearing was timely requested by the Leased Premises to Tenant) the end of the term of the Lease. Alternatively, if grievance process has been completed.
e. When the Landlord (at its sole discretion) elects is not required to waive any or all provision(s) of this subparagraph 7(k)afford the tenant the opportunity for a hearing under the administrative grievance procedure for a grievance concerning the Lease Agreement termination, and the Landlord has decided to exclude such grievance from the grievance procedure, the Landlord and the Tenant may mutually agree to change the term notice of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.Agreement termination shall:
(iv1) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event State that the Tenant is obliged not entitled to vacate a grievance hearing on the Leased Premises termination.
(2) Specify the judicial eviction procedure to be used by the Landlord for eviction procedure, and state that HUD has determined that this procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations.
(3) State whether the eviction is for a criminal activity or for drug-related criminal activity as described in HUD regulations.
f. In deciding to evict for criminal activity, the Landlord shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the alleged offender’s participation in any drug treatment or rehab program, the extent of participation by family members, the effects that the eviction would have on or before a certain datefamily members not involved in the proscribed activity, and the extent to which the Leaseholder is involved in the development community. In appropriate cases, the Landlord enters into may impose a condition that family members who engaged in the proscribed activity will not reside in the Unit.
g. The Landlord shall provide the Tenant a reasonable opportunity to examine, at the Tenant’s request, before a grievance panel or court trial concerning a termination of tenancy agreement with a third party to lease or eviction, any documents, records and regulations which are in the Premises herein described for any period thereafterpossession of Landlord, and which are directly relevant to the termination of tenancy or eviction. The Tenant shall be allowed to copy any such documents, records and regulations at the Tenant’s expense. A notice of Lease Agreement termination shall inform the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoingTenant’s right to examine Landlord’s documents, all legal costs incurred by the Landlord, records and regulations concerning such legal costs to be computed on a full indemnity basistermination of tenancy or eviction.
Appears in 5 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Lease Termination. Notwithstanding any other provisions Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant’s Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items (“Abandoned Items”) or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree thatLease, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Tenant agrees to indemnify Landlord for any and all loss, cost, damage, liability or expense as incurred (including but not limited to reasonable attorneys’ fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense which arises out of, is occasioned by or is in any way attributable to the Abandoned Items. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its sole discretionconsent, elect pursuant to waive any or all provision(s) the provisions of Section 9.01 of this subparagraph 7(k) and require the Lease, to allow Tenant to remain make an Alteration in occupation the Premises, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the time of the Leased Premises giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 3 contracts
Samples: Office Lease (Barfresh Food Group Inc.), Office Lease (Derycz Scientific Inc), Office Lease (Cherokee Inc)
Lease Termination. Notwithstanding any other provisions in this Lease, this a. The Landlord shall give written notice of termination of the Lease will terminate and the Tenant must immediately vacate the Leased Premises uponAgreement as follows:
(i1) 14 calendar days in the case of failure to pay rent.
(2) A reasonable time commensurate with the exigencies of the situation (but not to exceed 30 calendar days) in the case of creation or maintenance of a threat to the health or safety of other tenants, the Landlord’s employees, or persons residing in the immediate vicinity of the premises, or in the case of any drug-related or violent criminal activity or any felony conviction.
(3) 30 calendar days in all other cases, or such shorter period of time as may be provided by any State or local law.
b. The date on which the Tenant is no longer enrolled as a student in a course notice of full-time study at the University of Toronto Mississauga, provided that Lease Agreement termination to the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by state specific grounds for termination, and shall inform the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation right to make such reply as the Tenant may wish or to discuss the proposed termination with the Landlord. The notice shall also inform the Tenant of the Leased Premises constitutes right to examine Xxxxxxxx’s documents directly relevant to the termination or eviction. When the Landlord is required to afford the Tenant the opportunity for a substantial interference grievance hearing, the notice shall also inform the Tenant of the Tenant’s right to request a hearing in accordance with the Landlord’s lawful rightsGrievance Procedure.
c. A notice to vacate, privilegeswhich is required by State or local law, and interests, and this is grounds for may be combined with or run concurrently with a notice of Lease Agreement termination.
d. When the Landlord is required to terminate afford the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly Tenant the opportunity for the benefit of hearing under the Landlord. The Landlord may’s Grievance Procedure for a grievance concerning the Lease Agreement termination, in its sole discretion, elect the tenancy shall not terminate (even if any notice to waive any vacate under State or all provision(slocal law has expired) of this subparagraph 7(k) and require until the time for the Tenant to remain in occupation of request a grievance hearing has expired, and (if a hearing was timely requested by the Leased Premises to Tenant) the end of the term of the Lease. Alternatively, if grievance process has been completed.
e. When the Landlord (at its sole discretion) elects is not required to waive any or all provision(s) of this subparagraph 7(k)afford the Tenant the opportunity for a hearing under the administrative Grievance Procedure for a grievance concerning the Lease Agreement termination, and the Landlord has decided to exclude such grievance from the Grievance Procedure, the Landlord and the Tenant may mutually agree to change the term notice of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.Agreement termination shall:
(iv1) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event State that the Tenant is obliged not entitled to vacate a grievance hearing on the Leased Premises on termination.
(2) Specify the judicial eviction procedure to be used by the Landlord for eviction procedure, and state that HUD has determined that this procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations.
(3) State whether the eviction is for a criminal activity or before a certain datefor drug-related criminal activity as described in HUD regulations.
(4) In deciding to evict for criminal activity, the Landlord shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the extent of participation by family members, and the effects that the eviction would have on family members not involved in the proscribed activity. In appropriate cases, the Landlord enters into may impose a tenancy agreement condition that family members who engaged in the proscribed activity will not reside in the Unit.
f. The Landlord shall provide the Tenant a reasonable opportunity to examine, at the Tenant’s request and in accordance with a third party to lease the Premises herein described for Landlord’s Grievance Procedure, any period thereafterdocuments, records and regulations which are in the possession of Landlord, and which are directly relevant to the termination of tenancy or eviction. The Tenant shall be allowed to copy any such documents, records and regulations at the Tenant’s expense. A notice of Lease Agreement termination shall inform the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoingTenant’s right to examine Xxxxxxxx’s documents, all legal costs incurred by the Landlord, records and regulations concerning such legal costs to be computed on a full indemnity basistermination of tenancy or eviction.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Lease Termination. Notwithstanding any other provisions Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant's Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree thatLease, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its sole discretionconsent, elect pursuant to waive any or all provision(s) the provisions of Section 9.01 of this subparagraph 7(k) and require the Lease, to allow Tenant to remain make an Alteration in occupation the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the Leased Premises giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 3 contracts
Samples: Office Lease (Deja Foods Inc), Commercial Lease (Powersource Corp), Commercial Lease (Powersource Corp)
Lease Termination. Notwithstanding any other provisions Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant's Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree thatLease, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its sole discretionconsent, elect pursuant to waive any or all provision(s) the provisions of Section 9.01 of this subparagraph 7(k) and require the Lease, to allow Tenant to remain make an Alteration in occupation the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the Leased Premises giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 2 contracts
Samples: Office Lease (Treaty Oak Bancorp Inc), Office Lease (Treaty Oak Bancorp Inc)
Lease Termination. Notwithstanding any other provisions in At the expiration or early termination of this Lease, Tenant shall surrender the Premises to Landlord in the condition required by this Lease. Prior to surrender: (a) Tenant shall remove all Alterations, Tenant Improvements and cabling designated by Landlord to be removed pursuant to the following paragraph and shall restore the Premises and the Building to the condition existing immediately prior to the installation of such Alterations, Tenant Improvements or cabling; (b) Tenant shall remove all personal property and trade fixtures from the Premises and all of its signs from the Building; and (c) Tenant shall repair all damage caused by the installation or removal of any such Alterations, Tenant Improvements, cabling, personal property, signage or trade fixtures. Tenant shall deliver the Premises to Landlord broom clean and in good condition, subject to reasonable wear and tear (consistent with Tenant’s repair and maintenance obligations under this Lease) and damage by casualty that is not required to be repaired by Tenant pursuant to this Lease. If Tenant’s cover letter requesting Landlord’s approval of Alterations or Tenant Improvements includes a conspicuous written request (using all bold font or all capital letters) that Landlord determine which elements of the proposed Alterations or Tenant Improvements will be subject to removal and restoration, Landlord’s notice of approval will identify which portions of the approved Alterations or Tenant Improvements are subject to removal and restoration on the termination of this Lease will terminate and (“Required Restoration Items”) provided that Required Restoration Items may only include items that are not consistent with a customary class A office build out. Provided that Tenant constructs Tenant Improvements consistent with the plans reviewed by Landlord prior to Lease execution, with regard to the initial Tenant must immediately vacate Improvements, Tenant’s restoration obligation shall consist of the Leased Premises upon:
following: (i) The date on which removal of all cabling (except as provided below), equipment (including supplementary cooling and environmental control equipment), cabinetry and partitions comprising the research and development lab and quality assurance testing area, and (ii) removal of the interior stairway in the Premises and replacing the floor slab in the stairway opening. Tenant is no longer enrolled as a student shall leave all such areas in broom clean condition, but shall not be obligated to repaint, replace finish materials, reconfigure partitions, or reconfigure MEPT systems. With respect to any other Tenant Improvements or Alterations, Required Restoration Items may also include any cafeteria, any data center or server rooms that are larger than those customarily located within general office space in a course of full-class A downtown office building, high density storage areas, locker rooms, tenant stairs and associated openings, and fitness centers and the areas impacted by such removal shall be restored to a condition consistent with an open floor plan office. Landlord may at any time study at waive the University of Toronto Mississauga, provided that the duty to remove any Required Restoration Items in which case Tenant shall be leave the Required Restoration Items in place at surrender. Any Alterations made without Landlord approval are deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the LandlordRequired Restoration Items. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of Notwithstanding the foregoing, all legal costs incurred Tenant shall have no obligation to remove cabling, to the extent if removal would not be practical without removing wallboard or other permanent improvements, except that any cabling in the ceiling area or other areas required by the Landlord, such legal costs to code must be computed on a full indemnity basisremoved.
Appears in 2 contracts
Samples: Office Lease (Impinj Inc), Office Lease (Impinj Inc)
Lease Termination. Notwithstanding any other provisions in this Lease, a. The Landlord shall give written notice of termination of this Lease will terminate and the Tenant must immediately vacate the Leased Premises uponAgreement of, at a minimum:
(i1) 14 calendar days in the case of failure to pay rent.
(2) A reasonable time commensurate with the exigencies of the situation (no less than 10 days but not to exceed 30 calendar days) in the case of creation or maintenance of a threat to the health or safety of other tenants, the Landlord’s employees, or persons residing in the immediate vicinity of the premises, or in the case of any drug-related or violent criminal activity or any felony conviction.
(3) 30 calendar days in all other cases, or such shorter period of time as may be provided by any State or local law.
b. The date on which the Tenant is no longer enrolled as a student in a course notice of full-time study at the University of Toronto Mississauga, provided that Lease Agreement termination to the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by state specific grounds for termination, and shall inform the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation right to make such reply as the Tenant may wish or to discuss the proposed termination with the Landlord. The notice shall also inform the Tenant of the Leased Premises constitutes right to examine Xxxxxxxx’s documents directly relevant to the termination or eviction. When the Landlord is required to afford the Tenant the opportunity for a substantial interference grievance hearing, the notice shall also inform the Tenant of the Tenant’s right to request a hearing in accordance with the Landlord’s lawful rightsgrievance procedure.
c. A notice to vacate, privilegeswhich is required by State or local law, and interests, and this is grounds for may be combined with or run concurrently with a notice of Lease Agreement termination.
d. When the Landlord is required to terminate afford the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly Tenant the opportunity for the benefit of hearing under the Landlord. The Landlord may’s grievance procedure for a grievance concerning the Lease Agreement termination, in its sole discretion, elect the tenancy shall not terminate (even if any notice to waive any vacate under State or all provision(slocal law has expired) of this subparagraph 7(k) and require until the time for the Tenant to remain in occupation of request a grievance hearing has expired, and (if a hearing was timely requested by the Leased Premises to Tenant) the end of the term of the Lease. Alternatively, if grievance process has been completed.
e. When the Landlord (at its sole discretion) elects is not required to waive any or all provision(s) of this subparagraph 7(k)afford the tenant the opportunity for a hearing under the administrative grievance procedure for a grievance concerning the Lease Agreement termination, and the Landlord has decided to exclude such grievance from the grievance procedure, the Landlord and the Tenant may mutually agree to change the term notice of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.Agreement termination shall:
(iv1) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event State that the Tenant is obliged not entitled to vacate a grievance hearing on the Leased Premises termination.
(2) Specify the judicial eviction procedure to be used by the Landlord for eviction procedure, and state that HUD has determined that this procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations.
(3) State whether the eviction is for a criminal activity or for drug-related criminal activity as described in HUD regulations.
f. In deciding to evict for criminal activity, the Landlord shall have discretion to consider all of the circumstances of the case, including the seriousness of the offense, the alleged offender’s participation in any drug treatment or rehab program, the extent of participation by family members, the effects that the eviction would have on or before a certain datefamily members not involved in the proscribed activity, and the extent to which the Leaseholder is involved in the development community. In appropriate cases, the Landlord enters into may impose a condition that family members who engaged in the proscribed activity will not reside in the Unit.
g. The Landlord shall provide the Tenant a reasonable opportunity to examine, at the Tenant’s request, before a grievance panel or court trial concerning a termination of tenancy agreement with a third party to lease or eviction, any documents, records and regulations which are in the Premises herein described for any period thereafterpossession of Landlord, and which are directly relevant to the termination of tenancy or eviction. The Tenant shall be allowed to copy any such documents, records and regulations at the Tenant’s expense. A notice of Lease Agreement termination shall inform the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoingTenant’s right to examine Xxxxxxxx’s documents, all legal costs incurred by the Landlord, records and regulations concerning such legal costs to be computed on a full indemnity basistermination of tenancy or eviction.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Lease Termination. Notwithstanding any other provisions in this Lease, this a. The Landlord shall give written notice of termination of the Lease will terminate and the Tenant must immediately vacate the Leased Premises uponAgreement as follows:
(i1) 14 calendar days in the case of failure to pay rent.
(2) A reasonable time commensurate with the exigencies of the situation (but not to exceed 30 calendar days) in the case of creation or maintenance of a threat to the health or safety of other tenants, the Landlord’s employees, or persons residing in the immediate vicinity of the premises, or in the case of any drug-related or violent criminal activity or any felony conviction.
(3) 30 calendar days in all other cases, or such shorter period of time as may be provided by any State or local law.
b. The date on which the Tenant is no longer enrolled as a student in a course notice of full-time study at the University of Toronto Mississauga, provided that Lease Agreement termination to the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by state specific grounds for termination, and shall inform the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation right to make such reply as the Tenant may wish or to discuss the proposed termination with the Landlord. The notice shall also inform the Tenant of the Leased Premises constitutes right to examine Xxxxxxxx’s documents directly relevant to the termination or eviction. When the Landlord is required to afford the Tenant the opportunity for a substantial interference grievance hearing, the notice shall also inform the Tenant of the Tenant’s right to request a hearing in accordance with the Landlord’s lawful rightsGrievance Procedure.
c. A notice to vacate, privilegeswhich is required by State or local law, and interests, and this is grounds for may be combined with or run concurrently with a notice of Lease Agreement termination.
d. When the Landlord is required to terminate afford the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly Tenant the opportunity for the benefit of hearing under the Landlord. The Landlord may’s Grievance Procedure for a grievance concerning the Lease Agreement termination, in its sole discretion, elect the tenancy shall not terminate (even if any notice to waive any vacate under State or all provision(slocal law has expired) of this subparagraph 7(k) and require until the time for the Tenant to remain in occupation of request a grievance hearing has expired, and (if a hearing was timely requested by the Leased Premises to Tenant) the end of the term of the Lease. Alternatively, if grievance process has been completed.
e. When the Landlord (at its sole discretion) elects is not required to waive any or all provision(s) of this subparagraph 7(k)afford the Tenant the opportunity for a hearing under the administrative Grievance Procedure for a grievance concerning the Lease Agreement termination, and the Landlord has decided to exclude such grievance from the Grievance Procedure, the Landlord and the Tenant may mutually agree to change the term notice of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.Agreement termination shall:
(iv1) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event State that the Tenant is obliged not entitled to vacate a grievance hearing on the Leased Premises on or before a certain date, and termination.
(2) Specify the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord judicial eviction procedure to be liable to such third party, then the Tenant will indemnify used by the Landlord for eviction procedure, and state that HUD has determined that this procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations.
(3) State whether the eviction is for a criminal activity or for drug-related criminal activity as described in HUD regulations.
f. In deciding to evict for criminal activity, the Landlord shall have discretion to consider all losses suffered thereby, including, without limiting the generality of the foregoingcircumstances of the case, including the extent to which the leaseholder participated in the offense, the seriousness of the offense, the alleged offenders participation in any drug treatment or rehab program, the extent of participation by family members, the effects that the eviction would have on family members not involved in the proscribed activity and the extent to which the leaseholder has shown personal responsibility and has taken all legal costs incurred by reasonable steps to prevent or mitigate the offending action. In appropriate cases, the Landlord may impose a condition that family members who engaged in the proscribed activity will not reside in the Unit.
g. The Landlord shall provide the Tenant a reasonable opportunity to examine, at the Tenant’s request and in accordance with the Landlord’s Grievance Procedure, any documents, records and regulations which are in the possession of Landlord, and which are directly relevant to the termination of tenancy or eviction. The Tenant shall be allowed to copy any such legal costs documents, records and regulations at the Tenant’s expense. A notice of Lease Agreement termination shall inform the Tenant of the Tenant’s right to be computed on a full indemnity basisexamine Xxxxxxxx’s documents, records and regulations concerning such termination of tenancy or eviction.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Lease Termination. Notwithstanding any other provisions Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant’s Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree thatLease, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its sole discretionconsent, elect pursuant to waive any or all provision(s) the provisions of Section 9.01 of this subparagraph 7(k) and require the Lease, to allow Tenant to remain make an Alteration in occupation the Premises, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the time of the Leased Premises giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 2 contracts
Samples: Office Lease (RigNet, Inc.), Office Lease (All American Pet Company, Inc.)
Lease Termination. Notwithstanding any other provisions Except as provided herein, upon expiration or ----------------- earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear and Article XI and XII hereof regarding casualty and condemnation. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant's Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Lease, Landlord and the Tenant agree thatmay, once the Tenant ceases but need not, do so with no liability to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interestsTenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, and this is grounds for in the event that Landlord gives its consent, pursuant to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for Article IX, to allow Tenant to make an Alteration in the benefit Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the Landlord. The giving of such consent whether Landlord maywill require Tenant, in its sole discretionat Tenant's cost, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Lease Termination. Notwithstanding any other provisions Except as provided in this Section 9.04, upon ------------------ expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant's Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree thatLease, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. Additionally, immediately prior to the expiration of the Term, Tenant shall have the right, at its sole discretioncost and expense, elect to waive remove other nonstructural Alterations, installed by Tenant at its expense in the Premises. In such event, Tenant shall repair any damage to the Premises or all provision(s) the Building caused by such removal. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this subparagraph 7(k) and require the Lease, to allow Tenant to remain make an Alteration in occupation the Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the Leased Premises giving of such consent whether Landlord will require Tenant, at Tenant's cost, to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Samples: Office Lease (Igate Capital Corp)
Lease Termination. Notwithstanding any other provisions Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant’s Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items (“Abandoned Items”) or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree thatLease, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon written demand, including such support documents as are reasonably required by Tenant. Tenant agrees to indemnify Landlord for any and all loss, cost, damage, liability or expense as incurred (including but not limited to reasonable out of pocket attorneys’ fees and legal costs) arising out of or related to any claim, suit or judgment brought by or in favor of any person or persons for damage, loss or expense which arises out of, is occasioned by or is in any way attributable to the Abandoned Items. Notwithstanding the foregoing to the contrary, in the event that Landlord gives its sole discretionconsent, elect pursuant to waive any or all provision(s) the provisions of Section 9.01 of this subparagraph 7(k) and require the Lease, to allow Tenant to remain make an Alteration in occupation the Premises, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the time of the Leased Premises giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Samples: Office Lease (Wilshire Bancorp Inc)
Lease Termination. Notwithstanding any other provisions in this Lease, this Lease will terminate and If there is a Substantial or Full Casualty of the Tenant must immediately vacate the Leased Premises upon:
(i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study prior to the last day 18 months of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privilegesthen current Term, and interestsTenant will not be re-occupying the Premises following such Substantial or Full Casualty Restoration, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the then Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice elect to terminate this Lease by delivering notice of such election to Landlord within 90 days after the Casualty ("Casualty Termination Notice"). The Casualty Termination Notice shall include an offer by Tenant to purchase the Premises from Landlord for the greater of (i) the original purchase price paid by Landlord for the Premises plus any Allowance (Section 24.8.2) disbursed by Landlord pursuant to any provision hereinthis Lease; or (ii) the Fair Market Value of the Premises. Within 60 days from Landlord's receipt of the Casualty Termination Notice, Landlord will notify Tenant whether it will accept or reject Tenant's offer to purchase the Leased Premises may Premises, with Landlord's silence deemed rejection. If Landlord accepts Tenant's offer to purchase, then notwithstanding Section 10.5 below, Tenant shall be shown entitled to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain dateall Insurance Proceeds, and such purchase shall close on the later of (i) 10 business days after Tenant's receipt of all Insurance Proceeds; or (ii) 30 days after Tenant's receipt of Landlord's acceptance of such offer. If Landlord enters into a tenancy agreement rejects, or is deemed to have rejected, Tenant's offer to purchase, then the Lease will be deemed terminated effective as of the date of Landlord's rejection, with a third party to lease Landlord retaining the Premises herein described for any period thereafterInsurance Proceeds. In such event, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to shall also be liable to pay Landlord any applicable deductibles on insurance policies relating to the Casualty Restoration, and Tenant shall pay such third party, then the Tenant will indemnify the deductible amount to Landlord for all losses suffered thereby, including, without limiting the generality within 30 days of the foregoing, all legal costs incurred by date of Landlord's rejection and the Landlord, such legal costs to be computed on a full indemnity basisLease's termination date.
Appears in 1 contract
Samples: Lease Agreement (Zymogenetics Inc)
Lease Termination. Notwithstanding Provided that Tenant has fully satisfied all of its obligations set forth in Section 1, Section 2, Section 3, Section 4 and Section 5 of this Agreement (“Termination Conditions”), and Tenant has paid all Rent due to Landlord under the Lease through the Termination Date, then the Lease shall terminate effective as of 11:59 p.m. Eastern time on the Termination Date (“Lease Termination”). Tenant shall have the right to extend the Termination Date to accommodate the later closing of the Merger one or more times by at least five business days’ prior written notice to Landlord, which extension shall be, in any other provisions in this Leaseevent, this Lease will terminate and to a date (the Tenant must immediately vacate the Leased Premises upon:
(i“Outside Termination Date”) The date on which the Tenant that is no longer enrolled as a student in a course later than December 31, 2023. Any notice of full-time study at an extension pursuant to the University of Toronto Mississauga, provided that the Tenant immediately preceding sentence shall be deemed to be enrolled as a student in a course of full-time study given promptly after the event giving rise to the last day extension occurs. Landlord reserves the right to waive any of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, Termination Conditions in its sole discretion. In addition, elect Landlord may accelerate the occurrence of the Termination Date by the giving of at least 10 business days’ prior written notice to Tenant designating a new Termination Date, which new Termination Date shall be on or after July 31, 2023 but in any event prior to the Outside Termination Date; provided, however, that in connection with any such acceleration, Landlord shall waive the conditions set forth in Section 4 above that the Merger shall have occurred prior to the Termination Date and as set forth in Section 5 above requiring the EQRx L/C to have been delivered to Tenant prior to July 31, 2023. The parties acknowledge and agree that Landlord shall have no obligation to provide any or all provision(sLandlord’s Statement with respect to the calendar year in which the Termination Date occurs. Each party hereby waives any right to a final reconciliation on account of such Xxxxxxxx’s Statement pursuant to Section 9.3(x) of this subparagraph 7(k) the Lease, and require Tenant hereby waives any further right to contest the Tenant amount of Tenant’s Adjusted Share of Operating Expenses or Laboratory Support Expenses or conduct any audit or review pursuant to remain in occupation of the Leased Premises to the end of the term Section 9.4 of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term As of the Lease to require Termination, the Lease shall be fully and finally surrendered and terminated and shall no longer be of any force or allow effect, except for those provisions that, by their express terms, survive the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term expiration or earlier termination of the Lease.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord1. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that (A) any of the Tenant is obliged to vacate the Leased Premises on Termination Conditions have not been satisfied or before a certain date, and the waived by Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due dateTermination Date (in which case this Agreement shall automatically terminate on the Termination Date), thereby causing or (B) this Agreement is otherwise terminated by Landlord in accordance with its terms, then, in either case, except for those provisions that, by their express terms, survive the expiration or earlier termination of this Agreement, the Lease shall continue in full force and effect, and Landlord shall refund to be liable to such third party, then the Tenant will indemnify the any Closing Fee actually received by Landlord for all losses suffered thereby, including, without limiting the generality (but in any event not those amounts of the foregoingClosing Fee, all legal costs incurred if any, that were credited towards the Eighth Floor Premises Rent Payments, as defined below, which shall be applied by Landlord towards the Landlord, such legal costs to be computed on a full indemnity basisRent for the applicable period of the Term).
Appears in 1 contract
Samples: Lease Termination Agreement (Surface Oncology, Inc.)
Lease Termination. Notwithstanding any other provisions Landlord and Tenant hereby agree to terminate the Lease as of the Termination Date (as that term is defined in this Section 3), and as of the Effective Date the Lease Expiration Date shall mean and refer to the Termination Date. The “Termination Date” shall mean the date that Tenant has vacated and surrendered possession of the Premises to Landlord in the condition required for Tenant’s surrender of the Premises at the end of the Term in accordance with the terms of Section 3.5 of the Lease, this Lease will terminate excepting therefrom that Tenant shall have no duty to remove Tenant’s Wiring (as that term is defined in Section 6.6(b) of the Lease) (the “Surrender Condition”); provided, however, the Termination Date shall be no earlier than October 1, 2015 and no later than February 1, 2016 (the “Outside Termination Date”). Tenant must immediately shall vacate and surrender possession of the Leased Premises upon:
(i) The date to Landlord in the Surrender Condition within the period that is on which or following October 1, 2015 and on or before the Outside Termination Date. If Tenant is no longer enrolled as a student fails to vacate and surrender the Premises in a course of full-time study at the University of Toronto MississaugaSurrender Condition on or before the Outside Termination Date, provided that the Tenant Termination Date shall be deemed to be enrolled as a student in a course of full-time study to occur on the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privilegesOutside Termination Date, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the failure by Tenant to remain vacate and surrender the Premises by midnight February 1, 2016 or prior to such Outside Termination Date shall constitute a Holdover (as that term is defined in occupation of the Leased Premises to the end of the term Section 3.4 of the Lease. Alternatively) without Landlord’s consent, if the Landlord (Tenant shall be a tenant at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord sufferance and the Tenant may mutually agree to change the term provisions of Section 3.4 of the Lease shall apply. Tenant shall use reasonable efforts to require or allow the Tenant deliver written notice to remain Landlord ninety (90) days in occupation advance of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the which Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease anticipates surrendering the Premises herein described for to Landlord or Landlord’s authorized property manager in the Surrender Condition; provided, however, nothing in the foregoing shall be interpreted to prevent Tenant from vacating and surrendering the Premises at any period thereaftertime after October 1, and the Tenant fails to vacate the Leased Premises 2015, on or before the Outside Termination Date. In no event shall the Outside Termination Date be extended due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basisForce Majeure.
Appears in 1 contract
Lease Termination. Notwithstanding any other provisions Except as provided herein, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant's Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant, upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Lease, Landlord and the Tenant agree thatmay, once the Tenant ceases but need not, do so with no liability to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interestsTenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, and this is grounds for in the event that Landlord gives its consent, pursuant to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for Article IX, to allow Tenant to make an Alteration in the benefit Premises, Landlord agrees, upon Tenant's written request, to notify Tenant in writing at the time of the Landlord. The giving of such consent whether Landlord maywill require Tenant, in its sole discretionat Tenant's cost, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Samples: Office Lease (Chemconnect Inc)
Lease Termination. Notwithstanding The Parties agree, the following provisions shall be inserted into the Lease: The Lease shall terminate, upon the occurrence of any other provisions in this Lease, this Lease will terminate and of the Tenant must immediately vacate the Leased Premises upon:
following: (i) The date on any change or revocation of State or local law, which shall have the Tenant is no longer enrolled as a student in a course effect of full-time study at prohibiting the University of Toronto Mississauga, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day legal operation of the summer recess immediately Medical or Recreational Marijuana Cultivation and Production Facility on the Premises, following the completion by the Tenant any period of a scholastic year contest or appeal of full-time study.
such change or revocation; (ii) The Marijuana Enforcement Division’s (the “MED”) refusal to approve an application to renew the Dispensary License, through no fault of Tenant or of Medical Marijuana License Holder. Guarantee: Simultaneously with Tenant’s execution of the Lease, the parties agree to work in good faith to determine the most appropriate framework for a Lease Guarantee whereby the Guarantor(s) shall execute and deliver to Landlord a Guarantee, pursuant to which Guarantors will, unconditionally guarantee payment and performance pursuant to the Lease, as it relates to repayment of the Tenant agree thatImprovement Costs (the “Guarantee”), once the Guarantee shall not extend to the terms, obligations and provisions of the Lease which are unrelated to the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Improvement Costs. Upon Tenant’s continued occupation complete repayment of the Leased Premises constitutes Tenant Improvement Costs Landlord agrees upon Tenant’s complete repayment of the Tenant Improvement Costs, Landlord shall terminate the Guarantee and release Guarantors from any future obligations under as it relates to repayment of the Tenant Improvement Costs. The parties shall mutually agree, execute and deliver a substantial interference with the Landlord’s lawful rightscomplete Guaranty Agreement, privileges, and interests, and this is grounds for the Landlord which shall be attached as an exhibit to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Lease Termination. Notwithstanding Except as provided in this Section 9.04, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises, (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear, and shall surrender all keys, any other provisions key cards, and any parking stickers or cards, to Landlord, and advise Landlord as to the combination of any locks or vaults then remaining in the Premises. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, unless Landlord shall, by written notice given to Tenant at the time of Landlord’s consent to such Alterations or within thirty (30) days of Landlord’s receipt of Tenant’s notice to Landlord of Alterations not requiring Landlord’s consent as provided in such 9.01 above, require Tenant to remove some or all of Tenant’s Alterations, in which event Tenant shall promptly, upon termination of the Lease Term, remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant’s sole expense. Notwithstanding anything to the contrary herein, all business and trade fixtures, machinery and equipment, ATMs, furniture, movable partitions, signs or other items identifying Tenant’s business or Tenant’s proprietary marks on the Premises and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease will terminate and Lease, Tenant shall have the obligation, at its sole expense, to remove all such items (excluding the vault, which shall remain on the Premises), provided Tenant must immediately vacate shall promptly repair any damage to the Leased Premises upon:
(i) The date on which or the Building caused by such removal. If Tenant fails to remove any items Tenant is required to remove under the terms of this Section 9.04 or to repair damage caused by such removal promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no longer enrolled as a student in a course of full-time study at the University of Toronto Mississaugaliability to Tenant, provided that the and Tenant shall pay Landlord the cost thereof upon demand. Landlord shall in no event be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds responsible for the value, preservation or safekeeping of any property removed from the Premises by Landlord pursuant to terminate the Lease.
(iii) The any provisions of this subparagraph 7(k) are strictly for Lease or any law. Notwithstanding the benefit foregoing to the contrary, in the event that Landlord gives its consent, pursuant to the provisions of Section 9.01 of this Lease, to allow Tenant to make an Alteration in the Premises, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the time of the Landlord. The giving of such consent whether Landlord maywill require Tenant, in its sole discretionat Tenant’s cost, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to remove such Alteration at the end of the term Lease Term. Landlord hereby waives any security interest in Tenant’s removable partitions, vault, ATMs or other business or trade fixtures, furnishings, facsimile machinery, equipment, communication equipment or other business property of Tenant’s located in the Lease. AlternativelyPremises and acquired by or for the accounting of Tenant, if to secure the Landlord (at its sole discretion) elects to waive any or all provision(s) payment of this subparagraph 7(k)Rent, the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice to terminate under this Lease pursuant to or any provision herein, the Leased Premises may be shown to prospective Tenants between the hours other obligations of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rightsTenant.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Lease Termination. Notwithstanding If at any other provisions in this time during the Term or any Extended ----------------- Term(s) of the Lease, this Lease will terminate Tenant determines that it wishes to assign or sublease all or any portion of the Premises to any person or entity prior to marketing such space to a proposed assignee or subtenant, Tenant shall first deliver a written notice of the foregoing to Landlord. Landlord shall have the right, in Landlord's sole and the Tenant must immediately vacate the Leased Premises upon:
absolute discretion, to be exercised within fifteen (15) business days following Landlord's receipt of Tenant's written notice, to either (i) The date on subject to the provisions of this Article 15, permit Tenant to proceed with its plans to assign this Lease or sublet the portion of the Premises which was the subject of Tenant's written notice or (ii) (A) in the case of a proposed assignment or sublease of more than fifty percent (50%) of the total rentable square footage of the Premises, terminate this Lease as to the entire Premises and release Tenant is no longer enrolled as a student from its remaining obligations hereunder (other than Tenant's obligations hereunder which expressly survive the termination of the Lease), or (B) in a course the case of full-time study at the University proposed assignment or sublease of Toronto Mississaugaless than fifty percent (50%) of the Premises, terminate the Lease with respect to the portion of the Premises that Tenant wishes to sublease and amend the Lease to reflect the reduction in the rentable square footage of the remaining Premises; provided that the foregoing termination rights shall not apply to an Internal Transaction (as defined in Section 15.1 above) (but shall apply to the subleasing of any space in the Premises and the Plymouth Premises in excess of 20,000 rentable square feet in the aggregate to Tenant Subsidiaries); and provided further, that Tenant shall be deemed have the right, subject to be enrolled as a student in a course of full-time study Landlord's right (a) to reasonably consent to the last day proposed subtenant pursuant to Sections 15.1 above and 15.3 below, (b) to receive reimbursement of Landlord's costs pursuant to Section 15.6 below and (c) to approve the form of sublease agreement pursuant to Section 15.7 below, to enter into a sublease (and/or a succeeding replacement sublease of the summer recess immediately following same space) of up to, but not more than, an aggregate of Ten Thousand (10,000) rentable square feet of space within the completion by Premises and/or the Tenant of Plymouth Premises for a scholastic year of fullterm not to exceed twenty-time study.
four (ii24) The months without giving Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord right to terminate the Lease.
Lease as to such subleased portion of the Premises. If Landlord elects not to recapture the Premises or portion thereof which was the subject of Tenant's written notice or fails to respond in writing to Tenant within such fifteen (iii15) The business day period, then for a period of six (6) months thereafter, subject to the provisions of this subparagraph 7(k) are strictly for Article 15, Tenant may proceed with its plans to attempt to assign or sublease the benefit portion of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) Premises which was the subject of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTenant's written notice.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Samples: Office Lease (Chemdex Corp)
Lease Termination. Notwithstanding If Landlord terminates this Lease, Landlord may recover from Tenant the sum of: all Base Rent and all other amounts accrued hereunder to the date of such termination; the cost of reletting the whole or any part of the Premises, including without limitation brokerage fees and/or leasing commissions incurred by Landlord, and costs of removing and storing Tenant’s or any other provisions occupant’s property, repairing, altering, remodeling, or otherwise putting the Premises into condition acceptable to a new tenant or tenants, and all reasonable expenses incurred by Landlord in pursuing its remedies, including reasonable attorneys’ fees and court costs; and the excess of the then present value of the Base Rent and other amounts payable by Tenant under this Lease as would otherwise have been required to be paid by Tenant to Landlord during the period following the termination of this Lease measured from the date of such termination to the expiration date stated in this Lease, this Lease will terminate over the present value of any net amounts which Tenant establishes Landlord can reasonably expect to recover by reletting the Premises for such period, taking into consideration the availability of acceptable tenants and other market conditions then affecting leasing. Such present values shall be calculated at a discount rate equal to the Tenant must immediately vacate the Leased Premises upon:
(i) The date on which the Tenant is no longer enrolled as a student in a course of full90-time study day U.S. Treasury bxxx rate at the University date of Toronto Mississaugasuch termination. Landlord agrees to use reasonable efforts to mitigate its damages. Landlord will have satisfied the duty to mitigate and will have used objectively reasonable efforts to relet the Premises if, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day within 45 days of the summer recess immediately following abandonment of the completion Premises by Tenant (or removal of Tenant from the Tenant Premises) Landlord (1) places a “for lease” sign at the Premises; (2) places the Premises on Landlord’s inventory of a scholastic year of full-time study.
available space; (ii3) The makes Landlord’s inventory available to area brokers; and (4) shows the Premises to prospective tenants who request to see it. Landlord’s efforts to mitigate shall not be required to exceed such efforts as Landlord generally uses to lease other space owned by Landlord and available for rent. Landlord shall not be required to take any instruction or advice given by Tenant regarding reletting the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privilegesPremises, and interests, Landlord shall not be required to accept any substitute tenant who does not lease the entire Premises upon terms and this is grounds for the conditions satisfactory to Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole reasonable discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Lease Termination. Notwithstanding any other provisions in this Lease, this Lease will terminate and (a) On the Tenant must immediately vacate the Leased Premises upon:
(i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto MississaugaSixth Floor Surrender Date, provided that Tenant has fully satisfied all of its obligations set forth in Sections 3 and 5 of this Agreement, excluding any remaining unpaid installments of the Tenant Termination Fee pursuant to Section 3(a) above (“Surrender Obligations”), then the Lease shall terminate effective as of 11:59 p.m. Eastern time (“Lease Termination”). As of the Lease Termination, the Lease shall be deemed to fully and finally surrendered and terminated and shall no longer be enrolled as a student in a course of full-time study to any force or effect, except for those provisions that, by their express terms, survive the last day expiration or earlier termination of the summer recess immediately following Lease and any remaining unpaid installments of the completion by the Tenant of a scholastic year of full-time studyTermination Fee pursuant to Section 3(a) above.
(iib) The As of Lease Termination, Landlord fully and unconditionally releases, cancels, annuls, rescinds, discharges, disclaims, waives and releases any and all rights and benefits Landlord may have under the Tenant agree thatLease relating to the Sixth Floor Premises arising from and after Lease Termination, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation except for any remaining unpaid installments of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rightsTermination Fee pursuant to Section 3(a) above. Notwithstanding any Lease Termination, privilegesLandlord does not waive, and interestshereby reserves, and this is grounds for any rights and/or remedies that Landlord may have under the Landlord Lease or at law or in equity arising from any default of Tenant under the Lease relating to terminate the LeaseSixth Floor Premises existing as of the Lease Termination.
(iiic) The provisions As of this subparagraph 7(k) are strictly for Lease Termination, Tenant fully and unconditionally releases, cancels, annuls, rescinds, discharges, disclaims, waives and releases any and all rights and benefits Tenant may have under the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises Lease relating to the end of the term of the LeaseSixth Floor Premises arising from and after Lease Termination. AlternativelyNotwithstanding any Lease Termination, if the Landlord (at its sole discretion) elects to waive Tenant does not waive, and hereby reserves, any or all provision(s) of this subparagraph 7(k), the Landlord and the rights and/or remedies that Tenant may mutually agree have under the Lease or at law or in equity arising from any default of Landlord under the Lease relating to change the term Sixth Floor Premises existing as of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTermination.
(ivd) If either party has given notice As of Lease Termination, to terminate this Lease pursuant to any provision hereinthe extent, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event if any, that the Lease gives Tenant is obliged any right, title or interest in or to vacate the Leased Sixth Floor Premises on or before a certain dateany Alterations therein, Tenant does hereby remise, release and quitclaim to Landlord such right, title or interest in or to the Sixth Floor Premises and such Alterations as of the Lease Termination and shall execute and deliver to Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the documentation reasonably requested by Landlord to be liable to effect or document such third partyremise, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basisrelease and quitclaim.
Appears in 1 contract
Lease Termination. Notwithstanding If at any other provisions in this time during the Term or any Extended ----------------- Term(s) of the Lease, this Lease will terminate Tenant determines that it wishes to assign or sublease all or any portion of the Premises to any person or entity prior to marketing such space to a proposed assignee or subtenant, Tenant shall first deliver a written notice of the foregoing to Landlord. Landlord shall have the right, in Landlord's sole and the Tenant must immediately vacate the Leased Premises upon:
absolute discretion, to be exercised within fifteen (15) business days following Landlord's receipt of Tenant's written notice, to either (i) The date on subject to the provisions of this Article 15, permit Tenant to proceed with its plans to assign this Lease or sublet the portion of the Premises which was the subject of Tenant's written notice or (ii) (A) in the case of a proposed assignment or sublease of more than sixty percent (60%) of the total rentable square footage of the Premises, terminate this Lease as to the entire Premises and release Tenant is no longer enrolled from its remaining obligations hereunder (other than Tenant's obligations hereunder which expressly survive the termination of the Lease), (B) in the case of a proposed assignment or sublease of less than sixty percent (60%) of the Premises but more than fifty percent (50%) of the total rentable square footage of either of the two (2) buildings comprising the Premises, terminate this Lease as a student to such building ("recaptured building"), release Tenant from its obligations under this Lease as to such recaptured building (other than Tenant's obligations under the Lease which expressly survive the termination of the Lease) and amend the Lease to reflect the reduction in a course the rentable square footage of full-time study at the University remaining Premises or (C) in the case of Toronto Mississaugathe proposed assignment or sublease of less than sixty percent (60%) of the Premises and less than fifty percent (50%) of either of the buildings comprising the Premises, terminate the Lease with respect to the portion of the Premises that Tenant wishes to sublease and amend the Lease to reflect the reduction in the rentable square footage of the remaining Premises; provided that the foregoing termination rights shall not apply to an Internal Transaction (as defined in Section 15.1 above) (but shall apply to the subleasing of any space in the Premises and the Xxxxxxx Premises in excess of 20,000 rentable square feet in the aggregate to Tenant Subsidiaries); and provided further, that Tenant shall be deemed have the right, subject to be enrolled as a student in a course of full-time study Landlord's right (a) to reasonably consent to the last day proposed subtenant pursuant to Sections 15.1 above and 15.3 below, (b) to receive reimbursement of Landlord's costs pursuant to Section 15.6 below and (c) to approve the form of sublease agreement pursuant to Section 15.7 below, to enter into a sublease (and/or a succeeding replacement sublease of the summer recess immediately following same space) of up to, but not more than, an aggregate of Ten Thousand (10,000) rentable square feet of space within the completion by Premises and/or the Tenant of Xxxxxxx Premises for a scholastic year of fullterm not to exceed twenty-time study.
four (ii24) The months without giving Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord right to terminate the Lease.
Lease as to such subleased portion of the Premises. If Landlord elects not to recapture the Premises or portion thereof which was the subject of Tenant's written notice or fails to respond in writing to Tenant within such fifteen (iii15) The business day period, then for a period of six (6) months thereafter, subject to the provisions of this subparagraph 7(k) are strictly for Article 15, Tenant may proceed with its plans to attempt to assign or sublease the benefit portion of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) Premises which was the subject of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTenant's written notice.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Samples: Office Lease (Chemdex Corp)
Lease Termination. Notwithstanding any other provisions Except as provided herein, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date Tenant first occupied the Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant, require Tenant must immediately vacate the Leased Premises upon:
(i) The date on to remove some or all of Tenant’s Alterations, in which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be deemed to be enrolled as a student in a course and remain the property of full-time study Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the last day Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Lease, Landlord and the Tenant agree thatmay, once the Tenant ceases but need not, do so with no liability to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interestsTenant shall pay Landlord the cost thereof upon demand. Notwithstanding the foregoing to the contrary, and this is grounds for in the event that Landlord gives its consent, pursuant to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for Article IX, to allow Tenant to make an Alteration in the benefit Premises, Landlord agrees, upon Tenant’s written request, to notify Tenant in writing at the time of the Landlord. The giving of such consent whether Landlord maywill require Tenant, in its sole discretionat Tenant’s cost, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to remove such Alteration at the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the LeaseTerm.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Samples: Office Lease (Daily Journal Corp)
Lease Termination. Notwithstanding any other provisions Except as provided in this LeaseSection 9.4, upon expiration or earlier termination of this Lease will terminate Sublease Subtenant shall surrender the Sublease Premises to Sublandlord vacant, broom clean and in good order, condition and repair, reasonable wear and tear, damage by casualty or condemnation, and Sublandlord’s obligations or other conditions that Subtenant is not responsible for under this Sublease excepted. All Alterations shall become a part of the Tenant must immediately vacate Sublease Premises and shall become the Leased property of Sublandlord upon the expiration or earlier termination of this Sublease without compensation to Subtenant, unless Sublandlord shall, by written notice given to Subtenant in accordance with the provisions of Article 21 not less than sixty (60) days prior to the expiration or other termination of this Sublease or any renewal or extension hereof, require Subtenant to remove some or all of the Alterations that constitute Specialty Alterations. Notwithstanding the foregoing, at the time Sublandlord approves plans and specifications for Alterations proposed by Subtenant, Sublandlord shall notify Subtenant which of the proposed Alterations, if any, are Specialty Alterations which may be required by Sublandlord to be removed by Subtenant at the expiration or earlier termination of this Sublease. The above notwithstanding, Sublandlord acknowledges that no improvements existing in the Sublease Premises upon:
as of the date hereof shall be deemed Specialty Alterations. “Specialty Alterations” shall mean Alterations performed by or on behalf of Subtenant that (i) The date on which perforate a floor slab in the Tenant is no longer enrolled as Sublease Premises or a student in a course of full-time study at wall that encloses the University of Toronto Mississauga, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day core of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
Building, (ii) The Landlord and require the Tenant agree thatreinforcement of a floor slab in the Sublease Premises, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit consist of the Landlord. The Landlord mayinstallation of a raised flooring system, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice consist of the installation of a vault or other similar device or system that is intended to terminate this Lease pursuant to any provision hereinsecure the Sublease Premises or a portion thereof in a manner that exceeds the level of security that a reasonable person uses for ordinary office space, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) involve material plumbing connections (such as kitchens and executive bathrooms outside of the Building core), or (vi) do not include the existing conditions at the Sublease Premises, but thereafter, will include specialized interior improvements and additions which are not customarily part of a standard office building fit-up. Notwithstanding anything contained herein to the contrary, Sublandlord shall not be responsible to insure, maintain, repair or replace any of Subtenant’s Insured Property or any Specialty Alterations, all of which shall be insured, maintained, repaired and/or replaced, as the case may be, solely by and at the expense of Subtenant. In the event that the Tenant is obliged Sublandlord shall so require Subtenant to vacate the Leased Premises on or before a certain dateremove any Specialty Alterations, then such Specialty Alterations shall be removed by Subtenant, and Subtenant shall repair any damage to the Landlord enters into a tenancy agreement Sublease Premises caused by such removal, at its own cost and expense, at or prior to the expiration of the Sublease Term. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Subtenant or installed by Subtenant at its expense in the Sublease Premises shall be and remain the property of Subtenant; upon the expiration or earlier termination of this Sublease, Subtenant shall, at its sole expense, remove all such items and repair any damage to the Sublease Premises or the Property caused by such removal. If Subtenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of this Sublease, Sublandlord may, but need not, do so with a third party no liability to lease the Premises herein described for any period thereafterSubtenant, and Subtenant shall pay Sublandlord the Tenant fails reasonable documented out of pocket cost thereof within thirty (30) days after the rendition of a xxxx to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of Subtenant therefor. Notwithstanding the foregoing, all legal costs incurred upon the expiration of the Sublease Term, Subtenant shall have the right, but not the obligation, to purchase from Sublandlord for the sum of $1.00 and remove the Existing Furniture; provided, however, that such right shall be void and of no further force or effect if Subtenant is in default under this Sublease beyond applicable notice and/or cure periods. If Subtenant elects to take title to such Existing Furniture in accordance herewith, Sublandlord shall prepare, execute and deliver a xxxx of sale transferring title thereto to Subtenant. Any Existing Furniture not purchased by the LandlordSubtenant, such legal costs or unable to be computed on a full indemnity basispurchased by Subtenant, shall remain in the Sublease Premises upon expiration or the earlier termination of this Sublease.
Appears in 1 contract
Lease Termination. Notwithstanding any other provisions in this Lease, this Lease will terminate and If there is a Substantial or Full Casualty of the Tenant must immediately vacate the Leased Premises upon:
(i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study prior to the last day 18 months of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privilegesthen current Term, and interestsTenant will not be re-occupying the Premises following such Substantial or Full Casualty Restoration, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the then Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.
(iv) If either party has given notice elect to terminate this Lease pursuant by delivering notice of such election to any provision hereinLandlord within 90 days after the Casualty ("Casualty Termination Notice"). The Casualty Termination Notice shall include an offer by Tenant to purchase the Premises from Landlord for the greater of (i) the original purchase price paid by Landlord for the Premises; or (ii) the Fair Market Value of the Premises. Within 60 days from Landlord's receipt of the Casualty Termination Notice, Landlord will notify Tenant whether it will accept or reject Tenant's offer to purchase the Leased Premises may Premises, with Landlord's silence deemed rejection. If Landlord accepts Tenant's offer to purchase, then notwithstanding Section 10.5 below, Tenant shall be shown entitled to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain dateall Insurance Proceeds, and such purchase shall close on the later of (i) 10 business days after Tenant's receipt of all Insurance Proceeds; or (ii) 30 days after Tenant's receipt of Landlord's acceptance of such offer. If Landlord enters into a tenancy agreement rejects, or is deemed to have rejected, Tenant's offer to purchase, then the Lease will be deemed terminated effective as of the date of Landlord's rejection, with a third party to lease Landlord retaining the Premises herein described for any period thereafterInsurance Proceeds. In such event, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to shall also be liable to pay Landlord any applicable deductibles on insurance policies relating to the Casualty Restoration, and Tenant shall pay such third party, then the Tenant will indemnify the deductible amount to Landlord for all losses suffered thereby, including, without limiting the generality within 30 days of the foregoing, all legal costs incurred by date of Landlord's rejection and the Landlord, such legal costs to be computed on a full indemnity basisLease's termination date.
Appears in 1 contract
Samples: Lease (Zymogenetics Inc)
Lease Termination. Notwithstanding any other provisions Landlord and Tenant hereby agree to terminate the Lease as of 11:59 p.m. on January 15, 2017 (the “Termination Date”) so long as the Termination Conditions (defined in Section 6 below) are either fully satisfied in Landlord’s sole judgment or are waived in writing by Landlord; provided, however, that Tenant shall have the option to accelerate or extend the Termination Date by providing written notice of the same no later than forty-five (45) days prior to the actual Termination Date, which date may be as early as January 1, 2017 and as late as March 31, 2017 (“Tenant’s Notice”). Upon timely and proper delivery of the Tenant’s Notice in compliance with this LeaseAgreement, the date set forth in Tenant’s Notice shall be deemed the actual Termination Date for all purposes hereunder. On or before the Termination Date, Tenant shall vacate and surrender possession of the Premises to Landlord in the condition required by the Lease and this Lease will terminate Agreement. From and after the Tenant must immediately vacate the Leased Premises upon:
date on which (i) The date on which the Tenant Lease is no longer enrolled as a student terminated in a course accordance with the provisions of full-time study at the University of Toronto Mississaugathis Agreement, provided that the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Tenant actually and completely vacates and surrenders the Premises to Landlord and in accordance with the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation terms of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privilegesLease, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit all of the Landlord. The Landlord mayTermination Conditions have been satisfied, in its Landlord’s sole discretionjudgment, elect or are waived in writing by Landlord, Tenant and Landlord shall have no further rights, obligations or claims with respect to waive any each other arising from the Lease, except for those obligations of Landlord and Tenant under the Lease and this Agreement which expressly survive and continue after the termination or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term expiration of the Lease. Alternatively, if Tenant and Landlord hereby acknowledge and agree that certain obligations of Tenant and Landlord survive the Landlord (at its sole discretion) elects to waive any termination or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term expiration of the Lease.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the parties further agree that it is the intention of Tenant and Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, that this Agreement not affect such ongoing obligations of Tenant and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Lease Termination. Notwithstanding any other provisions Except as provided herein, upon expiration or ----------------- earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the date 105 Tenant first occupied the Premises (whether pursuant to this Lease or an earlier lease), subject to reasonable wear and tear. All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord notified Tenant must immediately vacate the Leased Premises upon:
(i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, time Landlord consented to Tenant's Alteration (as further provided below) that the Tenant shall be deemed to be enrolled as a student in a course of full-time study to the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and it would require the Tenant to remain in occupation of the Leased Premises to remove such Alteration at the end of the term Lease Term and Landlord provides Tenant with written notice requiring Tenant to remove some or all of Tenant's Alterations in which event Tenant shall promptly remove the designated Alterations and shall promptly repair any resulting damage, all at Tenant's sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. AlternativelyNotwithstanding the foregoing to the contrary, if in the event that Landlord (at gives its sole discretion) elects consent, pursuant to waive any or all provision(s) the provisions of this subparagraph 7(k)Article IX, to allow Tenant to make an Alteration in the Premises, Landlord and will notify Tenant in writing at the Tenant may mutually agree to change the term time of the Lease giving of such consent whether Landlord will require Tenant, at the Tenant's cost, to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to remove such Alteration at the end of the term Lease Term. The parties agree that Tenant shall not be obligated to remove any Alteration in the Premises that existed prior to the Commencement Date, or that was constructed as part of the Lease.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.Work provided in Exhibit "B."
Appears in 1 contract
Lease Termination. Notwithstanding any Except as provided in this Section 9.4, upon expiration or earlier termination of this Lease Tenant shall surrender the Premises to Landlord in the same condition as existed on the completion of the Work, subject to reasonable wear and tear, casualty, condemnation, Hazardous Materials (other provisions than those released or emitted by Tenant), and alterations or other interior improvements which it is permitted to surrender at the termination of this Lease. In no event shall Tenant be required to remove Landlord’s Work (as defined in the Work Letter). All Alterations shall become a part of the Premises and shall become the property of Landlord upon the expiration or earlier termination of this Lease, this Lease will terminate and the unless Landlord shall, by written notice given to Tenant must immediately vacate the Leased Premises upon:
(i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University time Landlord consents to such Alterations, require Tenant to remove some or all of Toronto MississaugaTenant’s Alterations, provided that the in which event Tenant shall be deemed to be enrolled as a student in a course of full-time study to promptly remove the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.
(ii) The Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course of full-time study designated Alterations at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord to terminate the Lease.
(iii) The provisions of this subparagraph 7(k) are strictly for the benefit of the Landlord. The Landlord may, in its sole discretion, elect to waive any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term Lease Term and shall promptly repair any resulting damage, all at Tenant’s sole expense. All business and trade fixtures, machinery and equipment, furniture, movable partitions and items of personal property owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant; upon the expiration or earlier termination of this Lease, Tenant shall, at its sole expense, remove all such items and repair any damage to the Premises or the Building caused by such removal. If Tenant fails to remove any such items or repair such damage promptly after the expiration or earlier termination of the Lease, Landlord may, but need not, do so with no liability to Tenant, and Tenant shall pay Landlord the cost thereof upon demand. AlternativelyNotwithstanding the foregoing to the contrary, if in the event that Landlord (at gives its sole discretion) elects consent, pursuant to waive any or all provision(s) the provisions of Section 9.1 of this subparagraph 7(k)Lease, to allow Tenant to make an Alteration in the Premises, Landlord and agrees to notify Tenant in writing at the Tenant may mutually agree to change the term time of the Lease giving of such consent whether Landlord will require Tenant, at Tenant’s cost, to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to remove such Alteration at the end of the term of the LeaseLease Term.
(iv) If either party has given notice to terminate this Lease pursuant to any provision herein, the Leased Premises may be shown to prospective Tenants between the hours of 8:00 am and 8:00 pm by the Landlord. Should the Tenant effectively deny the Landlord reasonable viewing rights.
(v) In the event that the Tenant is obliged to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality of the foregoing, all legal costs incurred by the Landlord, such legal costs to be computed on a full indemnity basis.
Appears in 1 contract
Samples: Office Lease (Splunk Inc)
Lease Termination. Notwithstanding any other In the event that Tenant desires at least 10,000 square feet of additional space, Tenant shall provide Landlord with written notice of the amount of additional space Tenant requires (which notice shall be binding on Tenant for purposes of this Article 39 both as to the amount of space required by Tenant and as to Tenant's leasing of such space, if available) not later than December 31, 2002 (and no earlier than November 1, 2002) and Landlord shall respond to Tenant in writing within one hundred twenty (120) days of such notice indicating whether or not Landlord can satisfy Tenant's space requirements set forth in such notice in a location or locations somewhere in the Property by December 31, 2003. Such space, if available, shall be leased by Tenant in "as is" condition at the Prevailing Rental Rate (as defined in Article 38, and subject to the arbitration provisions contained therein) commencing on the earlier of January 1, 2004 or the earlier availability of the space. In the event Landlord is unable to accommodate Tenant with the amount of additional space set forth in this LeaseTenant's notice, Tenant shall have a one-time right to terminate this Lease will terminate and effective as of December 31, 2003 ("Termination Date") provided that Tenant meets all of the Tenant must immediately vacate the Leased Premises uponfollowing additional requirements:
(i) The date on which the Tenant is no longer enrolled as a student in a course of full-time study at the University of Toronto Mississauga, provided that the Tenant shall be deemed has not exercised Tenant's Option to be enrolled as a student in a course of full-time study Extend pursuant to the last day of the summer recess immediately following the completion by the Tenant of a scholastic year of full-time study.Article 37 or otherwise; and
(ii) The Tenant provides Landlord and the Tenant agree that, once the Tenant ceases to be enrolled as a student in a course with irrevocable written notice of full-time study at the University of Toronto Mississauga, the Tenant’s continued occupation of the Leased Premises constitutes a substantial interference with the Landlord’s lawful rights, privileges, and interests, and this is grounds for the Landlord 's intention to terminate this Lease within sixty (60) days of Landlord's notice to Tenant concerning Landlord's inability to provide the Lease.expansion space specified in Tenant's original notice to Landlord ("Termination Notice"); and
(iii) The provisions of this subparagraph 7(k) are strictly for Tenant is not in default at the benefit of time Tenant gives Landlord the Landlord. The Landlord may, in its sole discretion, elect to waive Termination Notice or at any or all provision(s) of this subparagraph 7(k) and require the Tenant to remain in occupation of the Leased Premises to the end of the term of the Lease. Alternatively, if the Landlord (at its sole discretion) elects to waive any or all provision(s) of this subparagraph 7(k), the Landlord and the Tenant may mutually agree to change the term of the Lease to require or allow the Tenant to remain in occupation of the Leased Premises until a mutually agreed upon date prior to the end of the term of the Lease.time thereafter; and
(iv) If either Tenant actually enters into a lease with a third party landlord for premises (which lease may consist of more than one non- contiguous location provided that the smallest location may not be smaller than (a) the number of aggregate square feet of space Landlord has given notice to terminate this Lease pursuant to any provision hereinavailable for lease on December 31, 2003 or (b) the Leased existing Premises, whichever is greater) at least 95% as large as the space which would have comprised the Premises may be shown to prospective Tenants between plus the hours additional space requested of 8:00 am Landlord, and 8:00 pm by the Landlord. Should the Tenant effectively deny the provides Landlord reasonable viewing rights.with proof of same; and
(v) In Tenant submits to Landlord with the event that Termination Notice a certified or cashier's check for one half the Tenant is obliged total termination payment ("Termination Payment") equal to vacate the Leased Premises on or before a certain date, and the Landlord enters into a tenancy agreement with a third party to lease the Premises herein described for any period thereafter, and the Tenant fails to vacate the Leased Premises on or before the due date, thereby causing the Landlord to be liable to such third party, then the Tenant will indemnify the Landlord for all losses suffered thereby, including, without limiting the generality sum of the foregoing, all legal costs incurred by Landlord for the Landlordconstruction of Tenant's initial improvements per the Work Agreement attached to the Lease, such legal costs amount being currently estimated to be computed approximately $891,900.00 (and which actual amount shall be confirmed in writing within 90 days after the Commencement Date) plus $199,785.00 payable to broker by Landlord in connection with the Lease, plus all of Landlord's out-of-pocket costs in connection with any future amendments of this Lease, all including interest at the rate of ten percent (10%) per annum, amortized as shown on Exhibit D attached hereto (prior to submitting the Termination Notice, Tenant shall submit a full indemnity basiswritten request to Landlord for Landlord to calculate the amount of the Termination Payment and Landlord shall provide such amount within thirty (30) days of Tenant's written request for same); and
(vi) Tenant submits to Landlord prior to the Termination Date a certified or cashier's check for the remaining half of the Termination Payment. Tenant shall continue to comply with all the terms and provisions of this Lease and shall remain liable for all of Tenant's obligations which accrue hereunder up to and including the Termination Date. This termination right is personal to Tenant. Under no circumstance shall the assignee under a complete or partial assignment of the Lease (except for an Affiliate which is assigned Tenant's entire interest in the Lease), or a subtenant under a sublease of the Premises, have any right to exercise the termination right granted herein. Tenant agrees that time is of the essence of this provision.
Appears in 1 contract
Samples: Office Lease (Peapod Inc)