Reference Provisions. 1. Other than (i) non-judicial foreclosure and all matters in connection therewith regarding security interests in real or personal property; or (ii) the appointment of a receiver, or the exercise of other provisional remedies (any and all of which may be initiated pursuant to applicable law), each controversy, dispute or claim between the parties arising out of or relating to this Note ("Agreement"), which controversy, dispute or claim is not settled in writing within thirty (30) days after the "Claim Date" (defined as the date on which a party subject to the Agreement gives written notice to all other parties that a controversy, dispute or claim exists), will be settled by a reference proceeding in California in accordance with the provisions of Section 638 et -- seq. of the California Code of Civil Procedure, or their successor section --- ("CCP"), which shall constitute the exclusive remedy for the settlement of any controversy, dispute or claim concerning this Agreement, including whether such controversy, dispute or claim is subject to the reference proceeding and except as set forth above, the parties waive their rights to initiate any legal proceedings against each other in any court or jurisdiction other than the Superior Court in the County where the real property securing this Agreement, if any, is located or Los Angeles County if none (the "Court"). The referee shall be a retired Judge of the Court selected by mutual agreement of the parties, and if they cannot so agree within forty-five (45) days after the Claim Date, the referee shall be promptly selected by the Presiding Judge of the Court (or his representative). The referee shall be appointed to sit as a temporary judge, with all of the powers of a temporary judge, as authorized by law, and upon selection should take and subscribe to the oath of office as provided for in Rule 244 of the California Rules of Court (or any subsequently enacted Rule). Each party shall have one peremptory challenge pursuant to CCP (S)170.
Reference Provisions. Where used in this Lease, the designated terms hereinafter set forth shall have the meanings ascribed by the provisions of this Section 1.1:
Reference Provisions. Unless otherwise defined herein, the designated terms set forth below shall have the meanings ascribed to such terms in this Section 1.1:
Reference Provisions. 1 Section 1.2 Definitions...............................................3
Reference Provisions. A. Leased Premises: The "cross-hatched" space indicated on the site plan attached as Exhibit A, comprising approximately four thousand one hundred fifty- three (4,153) square feet, including the two (2) existing drive-through teller lanes, commonly known as Store #119 and located at Xxxxxxxxx Xxxx & Xxxxxxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx 00000, and as defined in Article II.
Reference Provisions. The attached Reference Provisions are hereby incorporated herein.
Reference Provisions. A. Premises: the "cross-hatched" space designated on the lease plan attached as Exhibit A containing a total floor space of approximately 4,195 square feet to be definitively established pursuant to the procedure set forth in Section 2.3 and commonly known as 7626 Xxx Xxxxxxxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000. Commencing on the Commencement Date, all items of Rent which this Lease expressly states are calculated on a per square foot basis, including, but not limited to, Tax Rent, and Tenant's Proportionate Share of Landlord's Operating costs shall be calculated on the basis of the Floor Space of the Premises (as defined in Section 2.3 below).
B. Term: Ten (10) Lease Years (as defined in Section 1.2(G) below).
Reference Provisions. The following references define terms used in the specified Sections and elsewhere in this Lease and shall be construed in accordance with all the provisions and conditions set forth in this Lease:
Reference Provisions a. The parties prefer that any dispute between them be resolved in litigation subject to a Jury Trial Waiver as set forth in the Loan Documents (defined below), but the availability of that process is in doubt because of the opinion of the California Court of Appeal in Grafton Partners LP v. Superior Court, 9 Cal.Rptr.3d 511. This Reference Provision will be applicable until the California Supreme Court completes its review of that case, and will continue to be applicable if either that court or a California Court of Appeal publishes a decision holding that a pre-dispute Jury Trial Waiver provision similar to that contained in the Loan Documents is invalid or unenforceable. Delay in requesting appointment of a referee pending review of any such decision, or participation in litigation pending review, will not be deemed a waiver of this Reference Provision.
b. Other than (i) nonjudicial foreclosure of security interests in real or personal property, (ii) the appointment of a receiver or (iii) the exercise of other provisional remedies (any of which may be initiated pursuant to applicable law), any controversy, dispute or claim (each, a "Claim") between the parties arising out of or relating to this Agreement or any other document, instrument or agreement between the Bank and the undersigned (collectively in this Section, the "Loan Documents"), will be resolved by a reference proceeding in California in accordance with the provisions of Section 638 et seq. of the California Code of Civil Procedure ("CCP"), or their successor sections, which shall constitute the exclusive remedy for the resolution of any Claim, including whether the Claim is subject to the reference proceeding. Except as otherwise provided in the Loan Documents, venue for the reference proceeding will be in the Superior Court or Federal District Court in the County or District where the real property, if any, is located or in a County or District where venue is otherwise appropriate under applicable law (the "Court").
c. The referee shall be a retired Judge or Justice selected by mutual written agreement of the parties. If the parties do not agree, the referee shall be selected by the Presiding Judge of the Court (or his or her representative). A request for appointment of a referee may be heard on an ex parte or expedited basis, and the parties agree that irreparable harm would result if ex parte relief is not granted. The referee shall be appointed to sit with all the powers provided by law...
Reference Provisions. A. Leased Premises: That portion of the Building described in Section 1.01.K, containing approximately 23,684 square feet of Floor Area and consisting of that portion of the first (1st ) floor depicted on Exhibit A-2 attached hereto.
B. Term: Commencing on the Term Commencement Date and continuing for ninety-one (91) months, subject to extension pursuant to Exhibit F hereto.
C. Delivery Date: Subject to the terms, conditions and adjustments set forth in Section 9.01 below, the date of delivery of the Leased Premises (the “Delivery Date”) shall be the date Landlord delivers to Tenant (x) possession of the Leased Premises with the Landlord Work Substantially Complete (as defined in Exhibit B hereto), and (y) a non-disturbance agreement (the “Ground Lessor Non-Disturbance Agreement”) in the form of Exhibit J hereto executed by Landlord and Ground Lessor (as defined below) (collectively, the “Delivery Condition”). It is estimated that the Delivery Date will occur no later than September 1, 2024 (the “Anticipated Delivery Date”).
D. Term Commencement Date: The date (the “Term Commencement Date”) which is the earlier of (i) Tenant’s occupancy of any portion of the Premises for purposes of regular, ongoing business operations, or (ii) February 1, 2025 (the “Outside Term Commencement Date”). If the Delivery Date has not occurred on or before the Anticipated Delivery Date, then the Outside Term Commencement Date set forth in subsection (ii) above shall be extended by one day for each day after the Anticipated Delivery Date that Landlord fails to satisfy the Delivery Condition and cause the Delivery Date to occur. If the Landlord Door Installation (as defined in Exhibit B-1 hereto) has not been Substantially Completed on or before the Door Completion Date (as defined in Exhibit B hereto), then the Outside Term Commencement Date set forth in subsection (ii) above shall be extended by one day for each day after the Door Completion Date that Landlord fails to Substantially Complete the Door Installation.
E. Rent Commencement Date: The Term Commencement Date.
F. Termination Date: The date that is (i) the last day of the Term, or (ii) any earlier date on which this Lease is terminated in accordance with the provisions hereof.
G. Minimum Rent: Lease Months: Monthly Minimum Rent Per Square Foot of Floor Area: Monthly Minimum Rent: Annual Minimum Rent: 1-12* $3.95* $71,100* $ 853,200* 13-24 $4.07 $96,393.88 $ 1,156,726.56 25-36 $4.19 $99,235.96 $ 1,190,831.52 2 37-48 $4.32 ...
