Reference Provisions a. 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 Section 170.6. The referee shall (a) be requested to set the matter for hearing within sixty (60) days after the Claim Date and (b) try any and all issues of law or fact and report a statement of decision upon them, if possible, within ninety (90) days of the Claim
Reference Provisions. Where used in this Lease, the designated terms hereinafter set forth shall have the meanings ascribed thereto by the provisions of this Section 1.1:
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.
Reference Provisions. (a) LEASED PREMISES -- The building (the "Building") commonly known as 0000 Xxxxxxxx Xxxxxxxxx, Xxxxx, Xxx Xxxx.
Reference Provisions. (a). 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 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
Reference Provisions. 1 SECTION 1.2. DEFINITIONS................................................... 4 SECTION 1.3.
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. A. Leased Premises: the "cross-hatched" space indicated on the lease plan attached as Exhibit A containing a total Floor Space of approximately 39,000 square feet. Upon the written request of Tenant, or at Landlord's option, Landlord shall remeasure the Leased Premises after construction of the Leased Premises. If the square footage of the Leased Premises pursuant to such remeasurement is more or less than the number of square feet set forth in this Section 1.1(A), then the Minimum Rent and all other charges determined on the basis of square footage pursuant to this Lease, (excluding the Construction Allowance [as defined in Section 9.7 below] which shall not be adjusted), shall be adjusted accordingly and if additional Rent is due, it shall be paid forthwith to Landlord, and if Tenant has overpaid the actual Rent obligation, such excess shall be credited to the next due Rent payments hereunder. The adjustment of Minimum Rent shall be made by multiplying the amount of the increase or decrease in square footage by Six Dollars ($6.00) for the First Period (as defined in Section 1.1[E] below); by Six Dollars and Fifty Cents ($6.50) for the Second Period (as defined in Section 1.1[E] below); by Seven Dollars ($7.00) for the First Option Period (as defined in Section 1.1[E] below); by Seven Dollars and Fifty Cents ($7.50) for the Second Option Period (as defined in Section 1.1[E] below); and by Eight Dollars ($8.00) for the Third Option Period (as defined in Section 1.1[E] below) and increasing by such amount the amount of Minimum Rent payable hereunder in the event of an increase in square footage or decreasing by such amount the amount of the Minimum Rent payable hereunder in the event of a decrease in square footage. If Tenant fails to request such remeasurement of the Leased Premises within one hundred twenty (120) days following the Commencement Date (hereinafter defined) and Landlord does not otherwise elect to remeasure the Leased Premises within such one hundred twenty (120) day period, the number of square feet set forth in this Section 1.1(A) shall be deemed to be accepted by Tenant and no adjustments shall be made to Minimum Rent or any other charges payable pursuant to the terms of this Lease which are determined on the basis of the square footage of the Leased Premises, (excluding the Construction Allowance [as defined in Section 9.7 below] which shall not be adjusted).
Reference Provisions. A. Leased Premises: the "cross-hatched" space indicated on the lease plan attached as Exhibit A containing a total floor space of approximately 53,128 square feet.
