Common use of Option to Terminate Clause in Contracts

Option to Terminate. Provided the Tenant is not then, and has not been in default of its covenants and obligations under the Lease, the Tenant shall have a One (1) time option to terminate this Lease (the “Option to Terminate”) on the following conditions: (i) the Option to Terminate shall only be exercised effective on May 31, 2026 (the “Early Termination Date”), by providing the Landlord with written notice of termination by no later than November, 2025 (the “Termination Notice”); (ii) concurrently with delivery by the Tenant of the Termination Notice, the Tenant shall pay to the Landlord a termination fee equal to: (a) the unamortized real estate commissions paid by the Landlord in respect of this Lease; and (b) the unamortized portion of the Free Basic Rent; and (c) an amount equal to Three (3) months of Basic Rent and Additional Rent then due under the Lease, (collectively, the “Termination Fee”), plus GST. The Tenant shall continue to be bound by and comply with all the Tenant’s obligations under the Lease from and after the delivery of the Termination Notice until the Early Termination Date. If the Termination Notice is not delivered on or before the Early Termination Date, or if any of the above conditions have not been met in the manner and/or within the timelines provided herein, this Option to Terminate shall expire and be of no further force or effect and the Tenant shall not have any further right to terminate the Lease.

Appears in 2 contracts

Samples: Lease Agreement (Adven Inc.), Lease Agreement (Adven Inc.)

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Option to Terminate. Provided Tenant shall have the option (the “Termination Option”) to cancel this Lease at the end of the thirty-sixth (36th) month (the “Termination Date”); provided that (a) the Tenant is shall not then, and has not been be in default of its covenants and obligations under the Lease, beyond any applicable notice and cure period, at the time of giving of the Termination Notice, or on the Termination Date; (b) the Tenant shall not have a One assigned or sublet any portion of the Premises; (1) time option to terminate this Lease (the “Option to Terminate”) on the following conditions: (ic) the Option to Terminate Tenant shall only be exercised effective on May 31, 2026 (the “Early Termination Date”), by providing the Landlord with give written notice of termination by no later than November, 2025 to Landlord at least six (6) months prior to the Termination Date (the “Termination Notice”); , and (iid) concurrently simultaneous with Tenant’s delivery by the Tenant of the Termination NoticeNotice Tenant shall deliver to Landlord, in certified funds, the Tenant Termination Fee as hereinafter defined. The Termination Fee shall pay to be the Landlord a termination fee equal toaggregate value of the following: (ai) the unamortized real estate commissions paid by value of the Landlord in respect of this Lease; and Tenant Improvement costs, plus (b) the unamortized portion value of the Free Basic Rent; and real estate brokerage/leasing commissions incurred by Landlord with respect to this Lease, plus (c) an amount a sum equal to Three two (32) months of Basic month’s Rent (Base Rent, Additional Rent and Additional Rent sales tax) based upon the then due under the Lease, (collectively, the “Termination Fee”), plus GSTcurrent rental rate. The unamortized value of the Tenant Improvement costs and real estate brokerage/leasing commissions shall continue to be bound calculated by dividing the amount of the costs and comply with all commissions by the Tenant’s obligations under total number of months in the Lease from Term and multiplying by the number of months remaining in the Lease Term, after the delivery of last month in which Tenant occupies the Termination Notice until the Early Termination Date. If the Termination Notice is not delivered on or before the Early Termination Date, or if any of the above conditions have not been met in the manner and/or within the timelines provided herein, this Option to Terminate shall expire Premises and be of no further force or effect and the Tenant shall not have any further right to terminate the Leasepays Rent.

Appears in 1 contract

Samples: Lease Agreement (LifeWatch Corp.)

Option to Terminate. Provided the Landlord shall use diligent and good faith efforts to obtain a waiver from Prime Landlord so that Tenant is not then, and has not been in default exempted from the requirement to pay Responsible Wages per section 2-11.16 of its covenants and obligations under the LeaseCounty Code for construction work performed on the Property by Landlord (the “Waiver”) within one twenty (120) days following the Execution Date (“Termination Option Period”). For the avoidance of doubt, the Waiver is not meant to address improvements that Tenant may perform and seek grant money to fund. If the Waiver is not received on or before the expiration of Termination Option Period, or if Landlord notifies Tenant in writing prior to the expiration of the Termination Option Period that the Waiver has been denied by the Prime Landlord, then no later than fifteen (15) days following the earlier of the foregoing conditions to occur, Tenant shall have a One (1) time option the right to terminate this Lease. If Tenant fails to notify Landlord in writing of its election to terminate this Lease (within said time period, then this contingency shall be deemed satisfied and the “Option to Terminate”) on the following conditions: (i) the Option to Terminate Lease shall only be exercised effective on May 31continue, 2026 (the “Early Termination Date”), by providing the Landlord with written notice of termination by no later than November, 2025 (the “Termination Notice”); (ii) concurrently with delivery by the Tenant time being of the Termination Noticeessence. If Tenant elects to terminate this Lease as provided above, the parties shall thereafter be released from any further obligations under this Lease except for the obligations which expressly survive termination, which shall include, without limitation, Landlord’s obligation to reimburse Tenant shall pay to the Landlord a termination fee equal to: for any payment of its share of Aviation Annual Land Rent (aas defined in Section 4.01(A) the unamortized real estate commissions paid by the Landlord in respect of this Lease; and (b) the unamortized portion of the Free Basic Rent; and (cPrime Lease) an amount equal to Three (3) months of Basic Rent and Additional Rent then due under the Lease, (collectively, the “Termination Fee”), plus GST. The made by Tenant shall continue to be bound by and comply with all the Tenant’s obligations under the Lease from and after the delivery of during the Termination Notice until the Early Termination Date. If the Termination Notice is not delivered on or before the Early Termination Date, or if any of the above conditions have not been met in the manner and/or within the timelines provided herein, this Option to Terminate shall expire and be of no further force or effect and the Tenant shall not have any further right to terminate the LeasePeriod.

Appears in 1 contract

Samples: Sublease Agreement (Sky Harbour Group Corp)

Option to Terminate. Paragraph 13 of the First Amendment shall be deleted in its entirety and the following shall be inserted in its place: “Provided the Tenant is not then, and has not been in default of its covenants and obligations under this Lease from the Leasetime of exercising the right contained herein to the effective date of such right, Tenant may have the Tenant shall have a One (1) time option right to terminate this Lease (the Option to Terminate”Termination Option) effective on the following conditions: last day of the 36th month of the Renewal Term (i) the Option to Terminate shall only be exercised effective on May 31, 2026 (the Early Termination Date”)) provided that Tenant (a) gives Landlord at least four (4) months prior written notice, by providing the Landlord with written notice of termination by no later than November, 2025 (the “Termination Notice”); (iib) concurrently with delivery by the Tenant of the Termination Notice, the Tenant shall pay to the Landlord pays a termination fee equal to: of $26,440.00 in addition to the 36th month’s Base Rent, (ac) the unamortized real estate commissions paid by the Landlord in respect of this Lease; and (b) pays the unamortized portion of the Free Basic Rent; leasehold improvement costs associated with this Lease as of the Termination Date and (d) pays the unamortized portion of the leasing commission costs associated with this Lease as of the Termination Date. It is further agreed that the sums due and payable under (b), (c) an amount equal and (d) above must be paid in full upon delivery of the termination notice to Three (3) months Landlord. Notwithstanding, Tenant shall remain liable for any obligations under the terms of Basic Rent the Lease that survive any such termination or any obligations that accrued prior to the Termination Date.” Except as modified and Additional Rent then due under amended herein, all other terms and conditions of the Lease are hereby ratified and affirmed in all respects. In the event of any conflict between the terms and conditions of the Second Amendment and the Lease, (collectively, the “Termination Fee”), plus GST. The Tenant shall continue to be bound by and comply with all the Tenant’s obligations under the Lease from and after the delivery of the Termination Notice until the Early Termination Date. If the Termination Notice is not delivered on or before the Early Termination Date, or if any of the above conditions have not been met in the manner and/or within the timelines provided herein, this Option to Terminate shall expire and be of no further force or effect and the Tenant shall not have any further right to terminate the Leasecontrol.

Appears in 1 contract

Samples: Lease Agreement (Georesources Inc)

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Option to Terminate. Provided the Tenant is not then, and has not been in default of its covenants and obligations under the LeaseLease and Tenant has not assigned its rights under the Lease (except as permitted pursuant to Article 17 below), the Tenant shall have a One (1) time the option to terminate this Lease (the “"Option to Terminate") after completion of the sixtieth (60th) month of the Lease Term upon the following terms and conditions. In order to effectively exercise the Option to Terminate, Tenant shall deliver written notice of its exercise of the Option to Terminate, to be effective twelve (12) months following such exercise, and shall pay a termination fee equal to the sum of (1) three months Rent effective as of the date of such notice, and (2) all unamortized leasing commissions of Landlord due in connection with this Lease, all as reasonably determined by Landlord using an interest rate of 11% per annum. In the event Tenant delivers its notice that it has elected to exercise the Option to Terminate, Landlord shall deliver to Tenant, Landlord's determination of the termination fee. Tenant shall pay the termination fee to Landlord within thirty (30) days after receipt of Landlord's determination of such fee, at which time this Lease shall be deemed terminated with no further obligation on the part of either party to the other except for those obligations which specifically survive the expiration or earlier termination of this Lease. The Option to Terminate shall be null and void if any of the following conditionsoccur: (i) Tenant fails to pay the Option to Terminate shall only be exercised effective on May 31termination fee within the time period provided herein, 2026 (the “Early Termination Date”), by providing the Landlord with written notice of termination by no later than November, 2025 (the “Termination Notice”); or (ii) concurrently with delivery by the Tenant of the Termination Notice, the Tenant shall pay to the Landlord a termination fee equal to: (a) the unamortized real estate commissions paid by the Landlord in respect of this Lease; and (b) the unamortized portion of the Free Basic Rent; and (c) an amount equal to Three (3) months of Basic Rent and Additional Rent then due assigns its rights under the Lease, (collectively, the “Termination Fee”), plus GST. The Tenant shall continue to be bound by and comply with all the Tenant’s obligations under the Lease from and after the delivery of the Termination Notice until the Early Termination Date. If the Termination Notice is not delivered on or before the Early Termination Date, or if any of the above conditions have not been met in the manner and/or within the timelines provided herein, this Option to Terminate shall expire and be of no further force or effect and the Tenant shall not have any further right to terminate the Lease.

Appears in 1 contract

Samples: Lease Agreement (Frontier Airlines Inc /Co/)

Option to Terminate. Provided Tenant shall have the one-time option (“Termination Option”) to terminate the Lease Term, said termination to be effective on April 30, 2010 (the “Proposed Termination Date”), if Tenant is not thenstrictly complies with all of the following early termination requirements: (a) Upon the date of the Termination Notice (defined below), and has upon the Proposed Termination Date, (i) Tenant must not been then be in default under the Lease, and no breach or other event shall have occurred which, with the giving of its covenants notice or passage of time to cure, or both, will constitute a default by Tenant under the Lease, and (ii) there shall have been no assignment or delegation of Tenant’s interest in the Lease or any of Tenant’s rights or obligations under the Lease, the Tenant and there shall have a One been no subletting of all or any part of the Premises. (1b) time option No less than three hundred sixty five days (365) days prior to terminate this Lease (the “Option to Terminate”) on the following conditions: (i) the Option to Terminate shall only be exercised effective on May 31, 2026 (the “Early Proposed Termination Date”), by providing the Landlord with Tenant must provide written notice of termination by no later than November, 2025 (the “Termination Notice”); (ii) concurrently with delivery by the Tenant to Landlord of Tenant’s exercise of this Termination Option. Time is of the essence in connection with this Termination Notice, Option. (c) Tenant must comply with all provisions of the Lease with respect to the termination of the Lease and surrender of the Premises. (d) Tenant shall pay to the Landlord a termination fee equal to: (a) the unamortized real estate commissions paid by the Landlord in respect of this Lease; and (b) the unamortized portion of the Free Basic Rent; and (c) an amount equal to Three (3) months of Basic Rent and Additional Rent then due under the Lease, (collectively, the “Termination Fee”), plus GST. The Tenant shall continue to be bound by and comply with all the Tenant’s obligations under the Lease from and after the delivery of the Termination Notice until the Early Termination Date. If the Termination Notice is not delivered cash on or before the Early Proposed Termination Date, or if any Date a sum of money equal to One Hundred Eight Thousand and No/100 Dollars ($108,000.00). Any provision of the above conditions have not been met in Lease which is intended to survive the manner and/or within expiration or termination of the timelines provided herein, this Option to Terminate Lease shall expire and be of no further force or effect and survive the Tenant shall not have any further right to terminate the LeaseProposed Termination Date above.

Appears in 1 contract

Samples: Lease Agreement (Newgistics, Inc)

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