OPTION TO DETERMINE. 5.1 If the Premises (or any part) or any part of the Common Parts or External Areas required for the use of the Premises and the exercise of the rights granted to the Tenant in accordance with this Lease, are destroyed or damaged by an Insured Risk and the Landlord has not commenced rebuilding or reinstating the Premises and/or any such Common Parts and/or External Areas within two years of the damage or destruction occurring for any reason beyond the control of the Landlord either the Landlord or the Tenant may terminate this Lease with immediate effect by giving to the other written notice to that effect at any time after the expiry of the period of 2 years,
5.2 If at the date of expiry of the period from time to time insured for loss of the Yearly Rent all destruction or damage by an Insured Risk to the Premises or any of the Common Parts or External Areas required for the use of the Premises and the exercise of the rights granted to the Tenant in accordance with this Lease have not been reinstated and made good and the Premises are still unfit for occupation and use and/or inaccessible, the Landlord or the Tenant may by written notice to the other given at any time within six months after such date and whilst the Premises are still unfit for occupation and use and/or inaccessible determine the Term with immediate effect.
5.3 Any determination of this Lease under this paragraph will be without prejudice to any claim in respect of any antecedent breach of the obligations under this Lease.
OPTION TO DETERMINE. If upon the expiry of a period of one (1) year commencing as from the date of the damage or destruction rebuilding or reinstatement shall not have been commenced either the Lessee or the Manager (as the case may be) may by notice served on the other at any time within twelve (12) months thereafter invoke the provisions of paragraph 8 but only: where the commencement of such rebuilding or reinstatement has been prevented by Supervening Events; where the Supervening Events still subsist; and where the Lessee or the Manager has used all reasonable efforts to remove the Supervening Events.
OPTION TO DETERMINE. 6.10.1 In case of damage to or destruction of the Premises or any part thereof by an Insured Risk, Tenant will promptly give written notice thereof to Landlord. Within twenty (20) days after the date Tenant has knowledge of such damage or destruction by an Insured Risk, Tenant shall provide Landlord with a written certification of the time period within which the Premises can be restored (the "Repair Estimate"). The Repair Estimate shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord and Tenant cannot agree on the Repair Estimate, they shall submit the dispute to arbitration in accordance with Schedule 3 ("Arbitration"). If the Premises can be restored within 365 days after the date of such fire or other casualty (as set forth in the Repair Estimate, if approved by Landlord), Tenant shall promptly restore the Property in accordance with this Lease. If such restoration is anticipated to take more than 365 days to complete after the date of such damage or destruction by an Insured Risk (as set forth in the Repair Estimate if approved by Landlord), Tenant may terminate this Lease by providing written notice thereof to Landlord within sixty (60) days after Landlord's approval of Tenant's Repair Estimate.
6.10.2 If the damage or destruction by an Insured Risk occurs during the last two years of the term of this Lease, and if such restoration shall take more than 365 days to complete after the date of such damage or destruction by an Insured Risk (as set forth in the Repair Estimate if approved by Landlord), Tenant may terminate this Lease by providing written notice thereof to Landlord within 20 days after the date of such damage or destruction by an Insured Risk.
6.10.3 If Tenant elects to terminate this Lease, Tenant shall assign to Landlord and Landlord shall be entitled to the full proceeds of any insurance coverage, whether carried by Landlord or Tenant to the extent of its insurable interest.
6.10.4 The obligations contained in clause 6.9 will not apply in relation to those buildings on the Premises which are identified on the schedule attached hereto and titled"Old Buildings"
OPTION TO DETERMINE. If the Tenant shall desire to terminate the Term and to quit the Premises on the date of expiry of the fifth year of the Term and shall give to the Landlord not less than twelve months previous notice in writing to that effect (in respect of which notice time shall be of the essence) then upon the expiration of such notice the term of years created by this underlease shall forthwith cease and determine but without prejudice to any remedy of either party against the other in respect of any antecedent claims or breach of covenant contained in this Lease and the Tenant shall deliver up vacant possession of the Premises
OPTION TO DETERMINE. 6.8.1 If the Tenant
6.8.1.1 wishes to determine the Term on the Early Termination Date;
6.8.1.2 gives to the Landlord prior written notice of not less than twelve months and one day to that effect;
6.8.1.3 shall up to the Early Termination Date have paid the rents hereby reserved and there shall not be subsisting either at the time the notice is served or at the Early Termination Date any material breach by the Tenant of the covenants and obligations on the part of the Tenant contained in this lease, and
6.8.1.4 gives vacant possession of the Demised Premises to the Landlord then at 11.59 pm on the Early Termination Date this lease and everything contained in it shall cease and be void____
6.8.2 The determination of the Term in accordance with sub-clause 6.
8.1 shall not cancel or restrict the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant_____
6.8.3 For the purposes of this sub-clause 6.8 time shall be of the essence____ IN WITNESS whereof this deed has been executed by the parties and has been delivered on the date written at the start of the document____ FIRST SCHEDULE "The Demised Premises"
OPTION TO DETERMINE. If the Tenant wishes to determine this Lease they may do so on 20th March 2014 on the expiration of the (the fifteenth anniversary of the Term Commencement Date) ("the Date") and gives to the Landlord not less than 9 months' previous notice in writing ("Tenant's Notice") to that effect and has up to the Date paid the First Rent and delivers up vacant possession of the Demised Premises to the Landlord in accordance with the covenants contained in this Lease then on the Date the Term shall immediately cease and determine but without prejudice to any rights or claims the Landlord may have against the Tenant in respect of any antecedent breach of covenant or condition
OPTION TO DETERMINE. 9.1 The Tenant may terminate this Lease on the 31st day July 2005 (“the Determination Date”) by giving to the landlord not less than six months prior notice in writing.
9.2 A notice given under clause 9.1 will only be effective if the Tenant shall up to the Determination Date have paid the rent and other sums reserved by this lease and shall have substantially observed and performed the material obligations on the part of the Tenant contained in this lease and shall yield up the Property with vacant possession on the Determination Date.
9.3 Following the service of such notice the Term shall (subject to the provisions of clause 9.2) cease and determine on the Determination Date without prejudice to the respective rights of either Party against the other in respect of any antecedent claim or breach of covenant.
OPTION TO DETERMINE. 10.6.1 If the whole or substantially the whole of the Premises is made unfit for occupation or use for the Permitted Use or the means of access thereto is unfit for their purpose in either case as a result of damage or destruction caused otherwise than by an Insured Risk then either party may prior to the damage or destruction being reinstated terminate this Underlease by giving written notice to the other.
10.6.2 Termination of this Underlease pursuant to CLAUSE 10.
6.1 will be without prejudice to any claim which the Landlord or the Tenant may have against the other for any earlier breach of their respective obligations in this Underlease.
OPTION TO DETERMINE. If the Tenant shall desire to determine this Lease on the first anniversary of the commencement of the Term or at any time thereafter during the Term (the “Break Date”) and shall give not less than 6 months written notice of such desire to the Landlord and shall have paid Rent and all other sums due form the Tenant to the Landlord under the terms of this Lease up to the Break Date and shall on the Break Date give vacant possession of the Property to the Landlord then at the expiration of the said 6 month written notice period this Lease and everything herein contained shall cease and determine but without prejudice to any claim by the Landlord or the Tenant in respect of any antecedent breach of any covenant condition or agreement herein contained.
OPTION TO DETERMINE. 8.1 The Tenant may terminate this Lease on or at any time after 31 January 2012 by giving to the Landlord not less than six months prior notice in writing the date of the expiry of any such notice shall be the “Determination Date”
8.2 On the Determination Date if the Tenant shall have paid the Rent due to the Determination Date and gives up occupation of the Property and leaves behind no continuing sub-leases then:
8.3 Following the expiry of such notice the Term shall (subject to the provisions of clause 9.2) cease and determine on the Determination Date without prejudice to the respective rights of either Party against the other in respect of any antecedent claim or breach of covenant
8.4 If the Tenant exercises its right to determine the Lease on the Determination Date pursuant to this clause 8 the Landlord shall refund to the Tenant within 14 days of such determination any sums paid in advance for any period falling after the Determination Date
