Options to Renew. Provided Tenant is not in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercise, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 days prior to the expiration of the initial Term (as to the First Option Term) or 365 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised.
Appears in 4 contracts
Samples: Lease Agreement (Millennium Investment & Acquisition Co Inc.), Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Options to Renew. Provided Tenant is not in default or violation of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exerciseexercise or commencement of the following described option, beyond thereto applicable notice and cure period, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 three hundred sixty four (364) days prior to the expiration of the initial Term (as to the First Option Term) or 365 three hundred sixty four (364) days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Rental Schedule, if exercised.
Appears in 2 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Power REIT)
Options to Renew. Provided Tenant is not in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercise, Tenant is granted two four (24) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term,” the “Second Option Term,” the “Third Option Term,” and the “Second Fourth Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. Each Option Term shall be for five (5) years. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 days prior to the expiration of the initial Initial Term (as to the First Option Term) or ), 365 days prior to the expiration of the First Option Term (for the Second Option Term), 365 days prior to the expiration of the Second Option Term (for the Third Option Term), or 365 days prior to the expiration of the Third Option Term (for the Fourth Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised. The Initial Term, as so extended in accordance with the terms hereof, shall be referred to hereinafter as the “Term.” Tenant shall have no right to operate its business on the Premises until Tenant has provided Landlord with a certificate of insurance evidencing the insurance coverages that Tenant is obligated to maintain pursuant to this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Power REIT), Lease Agreement (Millennium Sustainable Ventures Corp.)
Options to Renew. (A) FIRST OPTION TERM - Provided Tenant is not in default or violation of any of the terms or and conditions of the Lease beyond the applicable notice and cure period at the time of exerciseexercise or commencement of the following described option, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) option to extend the term of the Lease following for one (1) additional period of five (5) years (the "FIRST OPTION TERM"), commencing upon the Termination Date of the initial Term and then following of the First Option Term if so exercisedLease (the "INITIAL TERM"), upon the following terms and conditions. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice this option to Landlord prior to but not after the date which is 365 no later than one-hundred eighty (180) days prior to the expiration of the initial Term (as to the First Option Term) or 365 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Initial Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term option shall irrevocably commit the Tenant to the First Option Term so exercisedTerm. Each The First Option Term shall be subject to all the terms, covenants and conditions provisions of the Lease, except as modified by this provision R-5 (meaning, but no further options will shall be re-imposed, subject only to the Second Option Termreimposed). If Tenant does not so exercise any such Option Term said option in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s 's option rights for the First Option Term at bar and Second Option Term (and any otherwise succeeding Option Termhereinafter defined) shall irrevocably be deemed waived. The Base constant Annual Rent and monthly installments thereof for each year of each the First Option Term shall be equal to $991,448.64 per annum, $82,620.72 per month, together with all sales tax thereon. The Base Year shall be deemed changed to the year in which the first day of the First Option Term occurs [such Base Year shall remain the same throughout the remainder of such First Option Term]. At the commencement of the First Option Term, Landlord shall at its expense (i) install new carpeting to equal or better quality as specified on when first installed at inception of this Lease and (ii) repaint to equal or better quality as when first painted at inception of this Lease, in both cases within all of the attached then existing Premises (other than the Lobby and other than the Storage Area and other than any other area in respect of which no or reduced Annual Rent Scheduleis attributable), if exercisedsuch work to proceed in accordance with the terms and conditions of this Lease. In addition, the Annual Rent attributable to the Storage Area for each 12-month period during the First Option Term shall be $13,225.00 PER ANNUM, payable in monthly installments of $1,102.08 PER MONTH, plus all applicable sales tax thereon.
(B) SECOND OPTION TERM - Provided Tenant is not in default or violation of any of the terms and conditions of the Lease at the time of exercise or commencement of the following described option, Tenant is granted the option to extend the term of the Lease for one (1) additional period of five (5) years (the "SECOND OPTION TERM"), commencing upon the expiration of the First Option Term, upon the following terms and conditions [the First Option Term and the Second Option Term may be collectively referred to as the "OPTION TERMS"]. The Tenant shall deliver written notice of its intent to exercise this option to Landlord no later than one-hundred eighty (180) days prior to the expiration of the First Option Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the option shall irrevocably commit the Tenant to the Second Option Term. The Second Option Term shall be subject to all the terms, covenants and provisions of this Lease, except as modified by this R-5 (but no options shall be reimposed). If Tenant does not so exercise said Option in the time and manner herein provided, time being strictly of the essence, any and all of Tenant's option rights for the Second Option Term shall be deemed waived. The constant Annual Rent for each year of the Second Option Term shall be at the greater of (x) one and one-half (1 1/2%) percent over the Annual Rent payable during the last twelve (12) month period immediately preceding the conclusion of the First Option Term and (y) "market rate" for similar space in the Building as determined by "Baseball Arbitration" as each is described below. Time shall be of the essence with respect to Tenant's exercise of the option to extend for the Second Option Term. The Base Year shall be deemed changed to the year in which the first day of the Second Option Term occurs [such Base Year shall remain the same throughout the remainder of such Second Option Term]. In addition, the Annual Rent attributable to the Storage Area for each 12-month period during the Second Option Term shall be $15,208.75 PER ANNUM, payable in monthly installments of $1,267.40 PER MONTH, plus all applicable sales tax thereon.
Appears in 1 contract
Samples: Lease (Global Directmail Corp)
Options to Renew. Provided If Tenant is not in default of any shall well and truly perform all of the terms or and conditions of this Lease during the Term and shall not be in default at any time hereunder during the Term, then Landlord hereby gives and grants Tenant an option to renew this Lease beyond the applicable notice for a period of five years commencing on June 1, 2017 and cure period at the time of exerciseending on May 31, Tenant is granted two 2022 (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Renewal Term” ”). If Tenant shall well and truly perform all of the terms and conditions of this Lease during the First Renewal Term and shall not be in default at any time hereunder during the First Renewal Term, then Landlord hereby gives and grants Tenant an option to renew this Lease for a period of five years commencing on June 1, 2022 and ending on May 31, 2027 (the “Second Option Renewal Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions). The Tenant shall deliver written notice of its intent exercise the option to exercise renew for each Option Term, delivering such Renewal Term by written notice to Landlord prior to but which shall be received by Landlord not after the date which is 365 days prior to the expiration of the initial Term less than nine (as to the First Option Term) or 365 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (159) months prior to before the expiration of the then current Term of this Lease. Time is of the essence in connection with the exercise of the option for each such Renewal Term. Subject In the event the notice herein required is not received by the date hereinabove referred to, each remaining option to renew herein granted shall be null and void. These options to renew are not assignable. In the event Tenant exercises the option for a Renewal Term on the terms and conditions herein expressedset forth, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option each such Renewal Term shall be subject to all upon the terms, covenants same terms and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner set forth herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base except that the Minimum Rent and monthly installments thereof for each year of each Option such Renewal Term shall be as specified on determined in accordance with the attached Rent Schedule, if exercised.provisions of the following subparagraphs (a) through (c):
Appears in 1 contract
Options to Renew. Provided Tenant is not in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercise, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. Each Option Term shall be for five (5) years. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 days prior to the expiration of the initial Term (as to the First Option Term) or 365 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Options to Renew. Provided Tenant is not in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercise, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease for five (5) years following the initial Term and then for five (5) years following the First Option Term if so exercised, upon the following terms and conditions. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 364 days prior to the expiration of the initial Term (as to the First Option Term) or 365 364 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Options to Renew. Provided Tenant is not in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercise, Tenant is hereby granted two (2) successive options five (each, an 5) year Options to Renew the Lease (the “First Option” and “Second Option,” respectively). The First Option Term”, collectivelyand Second Option shall be subject to the provisions herein and subject to the “Fair Market Rent Exhibit” (Exhibit E). For the First Option, the “Option Terms”term shall commence on October 1, 2019 and successively shall continue until September 30, 2024 (the “First Option Term” and term”). During the “Second First Option Term”) to extend term, Tenant shall pay Landlord rent in accordance with Exhibit E; provided, however, under no circumstances shall the term rent be less than the rent paid during the last year of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions(months 70 to 81). The Tenant shall deliver written notice notify Landlord of its intent to exercise each Option Termthe First Option, delivering such written notice to Landlord prior to but not after the date which is 365 in writing, by certified mail, return receipt requested, at least one hundred eighty (180) days (by April 1, 2019) prior to the expiration end of the initial Term (as to 81st month of the Lease; otherwise, said First Option shall be null and void. In addition, the First Option Term) or 365 days prior to shall not be exercisable if Tenant has an existing uncured default and is not then in compliance with the expiration provisions of Exhibit E. Further, exercise of the First Option Term (for and completion of the First Option term is a condition precedent to the exercise of the Second Option. Except as modified herein, all of the same terms and conditions contained in this Lease shall be applicable during the First Option term. For the Second Option, the term shall commence on October 1, 2024 and shall continue until September 30, 2029. During the Second Option Term)term, but Tenant shall pay Landlord rent in accordance with Exhibit E; provided, however, under no earlier circumstances shall the rent be less than the date which is fifteen rent paid during the First Option term (15) months prior 130 to the expiration 141). Tenant shall notify Landlord of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the its intent to exercise the then applicable Option Term shall irrevocably commit the Tenant Second Option, in writing, by certified mail, return receipt requested, at least one hundred eighty (180) days (by April 1, 2024) prior to the Option Term so exercised. Each Option Term shall be subject to all end of the terms, covenants and conditions 141st month of the Lease; otherwise, except as modified by this provision (meaningsaid Second Option shall be null and void. In addition, no further options will be re-imposed, subject only to the Second Option Term)shall not be exercisable if Tenant has an existing uncured default and is not then in compliance with the provisions of Exhibit E. Except as modified herein, all of the same terms and conditions contained in this Lease shall be applicable during the Second Option term. If During the Options terms, Tenant does not so exercise any such Option Term shall continue to comply with all of the provisions herein, including Section 14 above regarding Tenant’s payment of the increase in the time and manner herein provided, time being strictly Operational Expenses with a Base Year of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised2013.
Appears in 1 contract
Options to Renew. Provided Tenant is not in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercise, Tenant is granted two four (24) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. Each Option Term shall be for five (5) years. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 days prior to the expiration of the initial Term (as to the First Option Term) or 365 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Options to Renew. A. Provided Tenant is not in no default of any of the terms or conditions of the Lease exists (beyond the applicable notice and cure period at the time of exerciseand/or grace period), Tenant is granted two may renew this Lease for one (21) successive options additional period of five (each, an “Option Term”, collectively, the “Option Terms”, and successively 5) years (the “First Option Term” and the “Second Option Extension Term”) on the same terms provided in this Lease (except as set forth below), by delivering written notice of the exercise thereof to Landlord at least one hundred and eighty (180) days prior to the expiration date of this Lease. Upon Tenant’s timely notice of the exercise of the option to renew, the Lease shall be extended on the same terms provided in this Lease, except as follows:
(a) The Rent payable during such First Extension Term shall be at Tenant’s then current Rent, plus an increase of three and a quarter percent (3.25%) and, thereafter, an increase of three and a quarter percent (3.25%) for each year of the First Extension Term; and
(b) Landlord shall lease to Tenant the Premises in their then current condition, and Landlord shall not provide to Tenant any allowances (e.g., moving allowance, construction allowance, tenant improvements allowance and the like) or other tenant inducements. Tenant's right to extend the term of this Lease shall terminate if (i) this Lease or Tenant's right to possession of the Premises is terminated, (ii) Tenant, at any time during the Lease following Term, assigns all of its interest in this Lease or sublets all of the initial Term and then following Premises other than as permitted under the First Option Term if so exercisedterms of Section 12.6 hereof, upon or (iii) Tenant fails to timely exercise its option under this Section 34A, time being of the following essence with respect to Tenant's exercise thereof. B. Provided no default exists (beyond the applicable notice and/or grace period), Tenant may renew this Lease for a second additional period of five (5) years (the “Second Extension Term”) on the same terms and conditions. The Tenant shall deliver provided in this Lease (except as set forth below), by delivering written notice of its intent to the exercise each Option Term, delivering such written notice thereof to Landlord prior to but not after the date which is 365 at least one hundred and eighty (180) days prior to the expiration of the initial Term (as to the First Option Term) or 365 days prior to the expiration date of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Extension Term. Subject to the conditions herein expressed, delivery of the written Upon Tenant’s timely notice of the intent exercise of the option to exercise renew, the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term Lease shall be subject to all extended on the terms, covenants and conditions of the same terms provided in this Lease, except as modified by this provision follows:
(meaning, no further options will a) The Rent payable during such Second Extension Term shall be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of at Tenant’s option rights for the Option Term at bar then current Rent, plus an increase of three and a quarter percent (3.25%) and, thereafter, an increase of three and any otherwise succeeding Option Terma quarter percent (3.25%) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term the Second Extension Term;
(b) Tenant shall be as specified on have no further renewal options unless hereafter expressly granted by Landlord in writing; and
(c) Landlord shall lease to Tenant the attached Rent SchedulePremises in their then current condition, if exercisedand Landlord shall not provide to Tenant any allowances (e.g., moving allowance, construction allowance, tenant improvements allowance and the like) or other tenant inducements.
Appears in 1 contract
Samples: Office Lease (Vector Group LTD)
Options to Renew. Provided Tenant or an approved subtenant is not in default of any possession of the terms or conditions Premises and an Event of the Lease beyond the applicable notice and cure period at the time of exerciseDefault does not exist under this Lease, Tenant is granted two shall have one (21) successive options option to renew the Term of this Lease for one (each, an “Option 1) additional period of five (5) years ("Renewal Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”") to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, commence immediately upon the following terms and conditions. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 days prior to the expiration of the initial Term, or the immediately preceding Renewal Term, as the case may be, upon the same terms, covenants and conditions as contained in this Lease, except that (i) the rate of Annual Basic Rent payable by Tenant during such Renewal Term shall be the amount agreed upon in writing by Landlord and Tenant; which rate shall be based upon fair market rents of other singular tenants at that time. In order to exercise the option granted herein, Tenant shall so notify Landlord, in writing, not less than three (as to the First Option Term) or 365 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (153) months prior to the expiration of the then current initial Term. Subject to the conditions herein expressed, delivery and if no such notice of exercise of the written notice of option is received, the intent to exercise the then applicable Option Term option shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent In the event Tenant exercises its option, Landlord and monthly installments thereof for each year of each Option Term Tenant shall execute a modification to this Lease acknowledging such renewal and setting forth the new Annual Basic Rent. An option shall be as void if, at the time of exercise of such option, Tenant or an approved subtenant is not in possession of the Premises, an Event of Default exists under this Lease, or Tenant fails to deliver the requisite notice thereof within the time period specified on the attached Rent Scheduleabove. The options granted herein shall not be severed from this Lease, if exercisedexercised collectively, or separately sold, assigned or transferred.
Appears in 1 contract
Samples: Full Service Office Lease (Physicians Quality Care Inc)
Options to Renew. Provided Tenant is not in default or violation of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exerciseexercise or commencement of the following described option, beyond thereto applicable notice and cure period, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 three hundred sixty four (364) days prior to the expiration of the initial Term (as to the First Option Term) or 365 three hundred sixty four (364) days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Options to Renew. Provided Tenant is not in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercise, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. Each Option Term shall be for Five (5) years. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 days prior to the expiration of the initial Term (as to the First Option Term) or 365 days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercised.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
Options to Renew. Provided Tenant is not then in default of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exercisehereunder, ---------------- Tenant is hereby granted two an option to renew this lease for an additional period of five (25) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend years on expiration of the term of this lease under the Lease following the initial Term same terms, conditions and then following the First Option Term if covenants (so exercisedfar as applicable) as herein contained, upon the following terms and conditionsincluding rental adjustment as provided in paragraph 4. The Tenant option shall deliver be exercised by written notice of its intent notice, setting forth Tenant's election to exercise each Option Termthe option, delivering such written notice delivered to Landlord prior to but not after the date which is 365 less than one hundred eighty (180) days prior to the expiration of the initial Term term hereof. And, provided that Xxxxxx is not then in default hereunder, Tenant is hereby granted an additional option to renew this lease for an additional period of five (5) years on expiration of the preceding option period under the same terms, conditions and covenants (so far as applicable) as herein contained, including rental adjustment as provided in paragraph 4, to the First Option Termbe exercised by written notice thereof delivered to Landlord not less than one hundred eighty (180) or 365 days prior to the expiration of the First Option Term first option period of five (for 5) years. The second option to renew is conditioned upon the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration exercise of the then current Term. Subject first option to the conditions herein expressed, delivery of the written notice of the intent renew; and should Tenant fail to exercise the then applicable Option Term first option hereunder, the second option to renew shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall thereupon terminate and be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Schedule, if exercisedforce or effect.
Appears in 1 contract
Samples: Assignment and Assumption of Lease Agreement (Sycamore Park Convalescent Hospital)
Options to Renew. Provided Tenant is not in default or violation of any of the terms or conditions of the Lease beyond the applicable notice and cure period at the time of exerciseexercise or commencement of the following described option, beyond thereto applicable notice and cure period, Tenant is granted two (2) successive options (each, an “Option Term”, collectively, the “Option Terms”, and successively the “First Option Term” and the “Second Option Term”) to extend the term of the Lease following the initial Term and then following the First Option Term if so exercised, upon the following terms and conditions. The Tenant shall deliver written notice of its intent to exercise each Option Term, delivering such written notice to Landlord prior to but not after the date which is 365 ninety (90) days prior to the expiration of the initial Term (as to the First Option Term) or 365 ninety (90) days prior to the expiration of the First Option Term (for the Second Option Term), but no earlier than the date which is fifteen (15) months prior to the expiration of the then current Term. Subject to the conditions herein expressed, delivery of the written notice of the intent to exercise the then applicable Option Term shall irrevocably commit the Tenant to the Option Term so exercised. Each Option Term shall be subject to all the terms, covenants and conditions of the Lease, except as modified by this provision (meaning, no further options will be re-imposed, subject only to the Second Option Term). If Tenant does not so exercise any such Option Term in the time and manner herein provided, time being strictly of the essence, any and all of Tenant’s option rights for the Option Term at bar (and any otherwise succeeding Option Term) shall irrevocably be deemed waived. The Base Rent and monthly installments thereof for each year of each Option Term shall be as specified on the attached Rent Rental Schedule, if exercised.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)