Common use of No Continuance of Lease Clause in Contracts

No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day period to notify Lessor of Lessee’s intent to continue this Lease with respect to such Property, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day period expired. Lessee shall vacate and surrender such Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and the Base Annual Rental shall be reduced as set forth in Section 11.03(f) below; provided, however, Lessee’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and Lessee’s obligations to pay Rental and all other Monetary Obligations (whether payable to Lessor or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee shall immediately pay Lessor an amount equal to the insurance deductible applicable to any Casualty.

Appears in 2 contracts

Samples: Master Lease Agreement, Master Lease Agreement (O Charleys Inc)

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No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day period to notify Lessor of Lessee’s intent to continue this Lease with respect to such Property, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day period expired. Lessee shall vacate and surrender such Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and as of the Base Annual Rental shall be reduced as set forth in Section 11.03(f) belowdate of termination; provided, however, Lessee’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and Lessee’s obligations to pay Rental and all other Monetary Obligations (whether payable to Lessor or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee shall immediately pay Lessor an amount equal to the insurance deductible applicable to any Casualty.

Appears in 2 contracts

Samples: Master Lease Agreement (Malibu Boats, Inc.), Master Lease Agreement (Malibu Boats, Inc.)

No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee Tenant does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day 60) day period to notify Lessor Landlord of LesseeTenant’s intent to continue this Lease with respect to such Property, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day 60) day period expired. Lessee Tenant shall vacate and surrender such Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and as of the Base Annual Rental shall be reduced as set forth in Section 11.03(f) belowdate of termination; provided, however, LesseeTenant’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and LesseeTenant’s obligations to pay Rental Rent and all other Monetary Obligations (whether payable to Lessor Landlord or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor Landlord may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee Tenant shall immediately pay Lessor Landlord an amount equal to the insurance deductible applicable to any Casualty.

Appears in 2 contracts

Samples: Facility Lease Agreement (MedEquities Realty Trust, Inc.), Master Lease Agreement (MedEquities Realty Trust, Inc.)

No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee Tenant does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day 60) day period to notify Lessor Landlord of LesseeTenant’s intent to continue this Lease with respect to such PropertyLease, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day 60) day period expired. Lessee Tenant shall vacate and surrender such the Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such the Property shall cease and as of the Base Annual Rental shall be reduced as set forth in Section 11.03(f) belowdate of termination; provided, however, LesseeTenant’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and LesseeTenant’s obligations to pay Rental and all other Monetary Obligations (whether payable to Lessor Landlord or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor Landlord may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee Tenant shall immediately pay Lessor Landlord an amount equal to the insurance deductible applicable to any Casualty.

Appears in 1 contract

Samples: Lease Agreement (Stryve Foods, Inc.)

No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day period to notify Lessor of Lessee’s intent to continue this Lease with respect to such Property, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day period expired. Lessee shall vacate and surrender such Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and as of the Base Annual Rental shall be reduced as set forth in Section 11.03(f) belowdate of termination; provided, however, Lessee’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and Lessee’s obligations to pay Rental and all other Monetary Obligations (whether payable to Lessor or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee shall immediately pay Lessor an amount equal to the insurance deductible applicable to any Casualty. After such termination, the Base Annual Rental, as it may have been adjusted per Section 1.06, shall be reduced by an amount calculated using the following formula: Amount of reduction = Base Annual Rental — [($31,500,00.00 — Net Awards) x 9.2%]. The preceding formula shall only be used for the purposes of this provision.

Appears in 1 contract

Samples: Master Lease Agreement (21st Century Oncology Holdings, Inc.)

No Continuance of Lease. If Lessor Landlord elects to terminate this Lease pursuant to Subsection (b) above and if Lessee Tenant does not elect to continue this Lease with respect to such the Property or shall fail during such sixty (60)-day 60) day period to notify Lessor Landlord of LesseeTenant’s intent to continue this Lease with respect to such the Property, then this Lease shall terminate with respect to such the Property as of the last day of the month during which such sixty (60)-day 60) day period expired; and if Tenant elects to terminate, then this Lease shall terminate as of the day that Tenant gave its notice to terminate. Lessee Tenant shall vacate and surrender such Property by such the applicable termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and as of the Base Annual Rental shall be reduced as set forth in Section 11.03(f) belowdate of termination; provided, however, LesseeTenant’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such the Property and LesseeTenant’s obligations to pay Rental Rent and all other Monetary Obligations (whether payable to Lessor Landlord or a third party) accruing under this Lease with respect to such the Property prior to the date of termination shall survive such termination. In such event, Lessor Landlord may retain all Net Awards related to the Partial Condemnation or Casualtywith respect to its fee estate in the Property and Tenant may retain Net Awards related to the Partial Condemnation with respect to its leasehold estate in the Property and Tenant’s Personalty, and Lessee the Net Award related to any Partial Casualty shall immediately pay Lessor an amount equal be paid to Landlord, except to the insurance deductible applicable extent relating to Tenant’s Personalty, and except for any Casualtypart of the Net Award specifically for Tenant’s business interruption and other amounts or losses incurred by Tenant, including moving and relocation costs.

Appears in 1 contract

Samples: Master Lease Agreement (MedEquities Realty Trust, Inc.)

No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day period to notify Lessor of Lessee’s intent to continue this Lease with respect to such Property, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day period expired. Lessee shall vacate and surrender such Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and as of the Base Annual Rental shall be reduced as set forth in Section 11.03(f) belowdate of termination; provided, however, Lessee’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and Lessee’s obligations to pay Rental and all other Monetary Obligations (whether payable to Lessor or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee shall immediately pay Lessor an amount equal to the insurance deductible applicable to any Casualty. After such termination, the Base Annual Rental, as it may have been adjusted per Section 1.06, shall be reduced by an amount calculated using the following formula: Amount of reduction = Base Annual Rental- [($31,500,00.00- Net Awards) x 9.2%]. The preceding formula shall only be used for the purposes of this provision.

Appears in 1 contract

Samples: Master Lease Agreement (21st Century Oncology Holdings, Inc.)

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No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee Tenant does not elect to continue this Lease with respect to such Property all or any portion of the Leased Premises or shall fail during such sixty (60)-day 60) day period to notify Lessor Landlord of LesseeTenant’s intent to continue this Lease with respect to such Propertyportion of the Leased Premises, then this Lease shall terminate with respect to such Property portion of the Leased Premises as of the last day date (the “Partial Termination Date”) that Landlord receives 100% of the month during which Net Award for such sixty (60)-day period expiredPartial Condemnation or Casualty. Lessee Tenant shall vacate and surrender such Property portion of the Leased Premises by such termination datethe Partial Termination Date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property portion of the Leased Premises shall cease and as of the Base Annual Rental shall be reduced as set forth in Section 11.03(f) belowdate of termination; provided, however, LesseeTenant’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property portion of the Leased Premises and LesseeTenant’s obligations to pay Rental Rent and all other Monetary Obligations (whether payable to Lessor Landlord or a third party) accruing under this Lease with respect to such Property portion of the Leased Premises prior to the date of termination shall survive such termination. In such event, Lessor Landlord may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee Tenant shall immediately pay Lessor Landlord an amount equal to the insurance deductible applicable to any Casualty. From and after the Partial Termination Date with respect to any portion of the Leased Premises, the Base Annual Rent shall be reduced by an amount equal to the product of (i) the Net Award and (ii) a capitalization rate that Landlord reasonably determines to be a market capitalization rate at such time.

Appears in 1 contract

Samples: Construction and Disbursement Agreement

No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day 60) day period to notify Lessor of Lessee’s intent to continue this Lease with respect to such Property, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day 60) day period expired. Lessee shall vacate and surrender such Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and the Base Annual Rental shall be reduced as set forth in Section 11.03(f11.03(e) below; provided, however, Lessee’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and Lessee’s obligations to pay Rental and all other Monetary Obligations (whether payable to Lessor or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee shall immediately pay Lessor an amount equal to the insurance deductible applicable to any Casualty.

Appears in 1 contract

Samples: Master Lease Agreement (ARC Group, Inc.)

No Continuance of Lease. If Lessor elects to terminate this Lease pursuant to Subsection (b) above and if Lessee does not elect to continue this Lease with respect to such Property or shall fail during such sixty (60)-day 60) day period to notify Lessor of Lessee’s intent to continue this Lease with respect to such Property, then this Lease shall terminate with respect to such Property as of the last day of the month during which such sixty (60)-day 60) day period expired. Lessee shall vacate and surrender such Property by such termination date, in accordance with the provisions of this Lease, and on the termination date, all obligations of either party hereunder with respect to such Property shall cease and the Base Annual Rental shall be reduced as set forth in Section 11.03(f) below; provided, however, Lessee’s obligations to the Indemnified Parties under any indemnification provisions of this Lease with respect to such Property and Lessee’s obligations to pay Rental and all other Monetary Obligations (whether payable to Lessor or a third party) accruing under this Lease with respect to such Property prior to the date of termination shall survive such termination. In such event, Lessor may retain all Net Awards related to the Partial Condemnation or Casualty, and Lessee shall immediately pay Lessor an amount equal to the insurance deductible applicable to any Casualty.

Appears in 1 contract

Samples: Master Lease Agreement (21st Century Oncology Holdings, Inc.)

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