Common use of Relocation or Termination Clause in Contracts

Relocation or Termination. If in connection with Landlord's expansion, reduction, alteration, renovation, or other improvements to the H&H Project, Landlord determines that it is necessary that Tenant vacate the Premises or that the Premises be altered, Landlord may require that Tenant surrender possession of the Premises, provided Landlord, in its sole and absolute discretion but subject to the terms of the Mortgage or any other agreement affecting the H&H Project, either (a) amends this Lease to lease Tenant other premises within the H&H Project on the same terms and conditions as those contained in this Lease for the balance of the remaining Lease Term, or (b) terminates this Lease and pays Tenant an amount equal to the yet unamortized original net cost paid by Tenant (or by its predecessor, if Tenant is not the original Tenant) of the Improvements in connection with the original build out of the Premises for occupancy under this Lease, calculated using a straight-line amortization schedule and an amortization period equal to the initial Lease Term (i.e., exclusive of any extension of the initial Lease Term). The relocation of the Premises in accordance with (a) herein or the payment of the consideration in accordance with (b) herein shall be Tenant's sole remedy in the event Tenant is required to surrender possession of the Premises as provided in this SECTION 2.4. In the event Landlord exercises its right under item (a) of the preceding paragraph, Landlord, at its sole cost and expense, shall (i) build out the new premises to the extent and condition of the leasehold improvements existing in the Premises as of the date of such relocation, and (ii) either, at Landlord's option, reimburse Tenant for the reasonable, third party costs actually incurred by Tenant to move its Personal Property from the Premises to the new premises or perform the work to move such Personal Property to the new premises.

Relocation or Termination. If in connection with Landlord's expansion, reduction, alterationremoval, renovation, renovation or construction of new or existing improvements after the initial opening of the Shopping Center (but excluding reconfiguration required solely to accommodate other improvements to the H&H Project, Shopping Center tenants) Landlord reasonably determines that it is necessary that Tenant vacate the Premises or that the Premises be altered, Landlord may require that Tenant surrender possession of the Premises, provided Landlord, in its sole and absolute discretion but subject to the terms of the Mortgage or any other agreement affecting the H&H Projectdiscretion, either (a) amends this Lease to lease Tenant other comparable premises within the H&H Project Shopping Center on the same terms and conditions as those contained in this Lease for the balance of the remaining Lease Term, or (b) terminates this Lease and pays Tenant an amount equal to the yet then unamortized original net cost paid by to Tenant (or by of its predecessor, if Tenant is not the original Tenant) of the Improvements in connection with the original build out of the Premises for occupancy under this LeaseImprovements, calculated using a straight-line amortization schedule and an amortization period equal to the initial Lease Term (i.e., exclusive of any extension of the initial Lease Term). The relocation of the Premises in accordance with (a) herein or the payment of the consideration in accordance with (b) herein shall be Tenant's sole remedy in the event Tenant is required to surrender possession of the Premises as provided in this SECTION 2.4Section. In It is expressly agreed and understood that Landlord shall first offer to lease Tenant other comparable premises within the event Landlord exercises its right under item Shopping Center if available, in Landlord's sole, yet reasonable discretion. The foregoing provisions of this Section 2.4 shall be subject to the following: (a) Comparable premises shall be deemed to mean premises which are substantially the same in size (not less than 4,500 square feet or more than 7,500 square feet in size and having a mall frontage of 32 feet or more) and similar in location with respect to vertical transportation within the preceding paragraphShopping Center; provided, however, in no event shall Landlord be obligated to offer to Tenant any location which Landlord is prevented from leasing to Tenant pursuant to covenants of Landlord respecting radius, location, use, or exclusivity contained in any other lease, financing agreement (including the Mortgage), or other agreement affecting the Shopping Center. If more than one (1) comparable premises is available in the Shopping Center as determined by Landlord's sole, at its sole yet reasonable judgement, Landlord shall offer Tenant the comparable premises that is closest to the Premises. Landlord shall pay the cost and expense, shall (i) build out expense of finishing the new premises to the extent of the quality and condition of the leasehold improvements existing decor (including all Improvements but excluding Personal Property) which existed in the Premises as immediately prior to relocation; (b) Landlord shall give Tenant at least ninety (90) days notice of the date of such relocation, and (ii) either, at Landlord's option, reimburse intention to relocate the Tenant; (c) Landlord shall not have the right to relocate the Tenant for more than one (1) time during the reasonable, third party costs actually incurred by Tenant to move its Lease Term and in no event shall relocation occur from August 1st through October 31st; (d) The physical relocation of Tenant's Personal Property from the Premises to the new premises or perform shall be accomplished by Landlord at Landlord's cost and expense; (e) Landlord shall exercise due diligence in the work relocation of the Tenant and Minimum Annual Rental and Additional Rent shall xxxxx during any period that the business conducted upon the Premises must be closed as a result of such relocation, which closure shall not exceed seven (7) days; (f) If the new premises differ in size from the Premises as it existed before the relocation, Minimum Annual Rental shall be adjusted to move such Personal Property to a sum computed by multiplying the Minimum Annual Rental by a fraction, the numerator of which shall be the total number of square feet in the new premises and the denominator of which shall be the total number of square feet in the Premises before relocation. In addition, all Additional Rent which is calculated based on Floor Area shall be calculated on the basis of the Floor Area of the new premises; (g) The parties shall immediately execute an amendment to this Lease documenting the relocation of the Tenant and the reduction or increase in Minimum Annual Rental; (h) All incidental costs incurred by Xxxxxx as a result of the relocation including without limitation, costs incurred in change of address on stationery, business cards, directories, advertising, and other such items, shall be paid by Xxxxxxxx, in a sum not to exceed Seven Hundred Fifty Dollars ($750); (i) If Tenant (in its sole and absolute discretion) and Landlord are unable to agree upon comparable premises for the purposes of relocation pursuant to this Section 2.4 within thirty (30) days of Landlord's notice to Tenant of its intent to relocate Tenant, then this Lease shall terminate and Landlord shall compensate Tenant for its reasonable damages. For purposes of this Section 2.4, reasonable damages shall be defined as the unamortized net cost to Tenant of its Improvements with a straight-line amortization period equal to the Lease Term.

Relocation or Termination. If in connection with Landlord's expansion, reduction, alterationremoval, renovation, renovation or construction of new or existing improvements (but excluding reconfiguration required solely to accommodate other improvements to the H&H Project, Shopping Center tenants) Landlord reasonably determines that it is necessary that Tenant vacate the Premises or that the Premises be altered, Landlord may require that Tenant surrender possession of the Premises, provided Landlord, in its sole and absolute discretion but subject to the terms of the Mortgage or any other agreement affecting the H&H Project, either (a) amends this Lease to lease Tenant other comparable premises within the H&H Project Shopping Center on the same terms and conditions as those contained in this Lease for the balance of the remaining Lease Term, or (b) terminates this Lease and pays Tenant an amount equal to the yet then unamortized original net cost paid by to Tenant (or by of its predecessor, if Tenant is not the original Tenant) of the Improvements in connection with the original build out of the Premises for occupancy under this LeaseImprovements, calculated using a straight-line amortization schedule and an amortization period equal to the initial Lease Term (i.e., exclusive of any extension of the initial Lease Term). The relocation of the Premises in accordance with (a) herein or the payment of the consideration in accordance with (b) herein shall be Tenant's sole remedy in the event Tenant is required to surrender possession of the Premises as provided in this SECTION 2.4Section. In It is expressly agreed and understood that Landlord shall first offer to lease Tenant other comparable premises within the event Landlord exercises its right under item Shopping Center if available, in Landlord's sole, yet reasonable discretion. The foregoing provisions of this Section 2.4 shall be subject to the following: (a) Comparable premises shall be deemed to mean premises which are substantially the same in size (not less than 5,070 square feet or more than 5,600 square feet in size and having a mall frontage of 45 feet or more) and similar in location with respect to vertical transportation within the preceding paragraphShopping Center; provided, however, in no event shall Landlord be obligated to offer to Tenant any location which Landlord is prevented from leasing to Tenant pursuant to covenants of Landlord respecting radius, location, use, or exclusivity contained in any other lease, financing agreement (including the Mortgage), or other agreement affecting the Shopping Center. If more than one (1) comparable premises is available in the Shopping Center as determined by Landlord's sole, at its sole yet reasonable judgement, Landlord shall offer Tenant the comparable premises that is closest to the Premises. Landlord shall pay the cost and expense, shall (i) build out expense of finishing the new premises to the extent of the quality and condition of the leasehold improvements existing decor (including all Improvements but excluding Personal Property) which existed in the Premises as immediately prior to relocation; (b) Landlord shall give Tenant at least ninety (90) days notice of the date of such relocation, and (ii) either, at Landlord's option, reimburse intention to relocate the Tenant; (c) Landlord shall not have the right to relocate the Tenant for more than one (1) time during the reasonable, third party costs actually incurred by Tenant to move its Lease Term and in no event shall relocation occur from November 1st through January 31st; (d) The physical relocation of Tenant's Personal Property from the Premises to the new premises or perform shall be accomplished by Landlord at Landlord's cost and expense; (e) Landlord shall exercise due diligence in the work relocation of the Tenant and Minimum Annual Rental and Additional Rent shall abate during any period that the xxxxxess conducted upon the Premises must be closed as a result of such relocation, which closure shall not exceed seven (7) days; (f) If the new premises differ in size from the Premises as it existed before the relocation, Minimum Annual Rental shall be adjusted to move such Personal Property to a sum computed by multiplying the Minimum Annual Rental by a fraction, the numerator of which shall be the total number of square feet in the new premises and the denominator of which shall be the total number of square feet in the Premises before relocation. In addition, all Additional Rent which is calculated based on Floor Area shall be calculated on the basis of the Floor Area of the new premises; (g) The parties shall immediately execute an amendment to this Lease documenting the relocation of the Tenant and the reduction or increase in Minimum Annual Rental; (h) All incidental costs incurred by Tenant as a result of the relocation including without limitation, costs incurred in change of address on stationery, business cards, directories, advertising, and other such items, shall be paid by Landlord, in a sum not to exceed Seven Hundred Fifty Dollars ($750); and (i) If Tenant (in its sole and absolute discretion) and Landlord are unable to agree upon comparable premises for the purposes of relocation pursuant to this Section 2.4 within thirty (30) days of Landlord's notice to Tenant of its intent to relocate Tenant, then this Lease shall terminate and Landlord shall compensate Tenant for its reasonable damages. For purposes of this Section 2.4, reasonable damages shall be defined as the unamortized net cost to Tenant of its Improvements with a straight-line amortization period equal to the Lease Term as of the date of termination.

Relocation or Termination. If in connection with Landlord's expansionexpansion or renovation of existing improvements or construction of new improvements (in each instance, reduction, alteration, renovation, or other improvements to the H&H Project"Landlord's Construction"), Landlord determines that it is necessary that Tenant vacate the Premises or that the Premises be altered, Landlord may require that Tenant surrender possession of all or a portion of the PremisesPremises temporarily or permanently. In such event, provided Landlord, in its sole and absolute discretion but subject to the terms of the Mortgage or any other agreement affecting the H&H Projectdiscretion, may either (a) amends offer to amend this Lease to (i) make the changes associated with the change in Tenant's Floor Area caused by an alteration and/or (ii) lease Tenant other comparable premises within the H&H Project Shopping Center on the same terms and conditions as those contained in this Lease either on a temporary basis or for the balance of the remaining Lease Term, or (b) terminates terminate this Lease and pays pay Tenant an amount equal to the yet unamortized original net cost paid by to Tenant (or by of its predecessor, if Tenant is not leasehold improvements in the original Tenant) of the Improvements in connection with the original build out of the Premises for occupancy under this LeasePremises, calculated using a straight-line amortization schedule and an amortization period equal to the initial Lease Term Term. If Landlord offers to amend this Lease in accordance with (i.e.a), exclusive Landlord shall present a proposed amendment to Tenant reflecting the change in the Tenant's Floor Area and/or the relocated Premises. If the proposed amendment is not executed by Tenant and delivered to Landlord within fifteen (15) days following its presentation to Tenant, Landlord shall have the right at any time thereafter to terminate this Lease in accordance with (b). If Landlord elects to terminate this Lease pursuant to (b), Landlord shall do so by notifying Tenant in writing of any extension its election to terminate, which notice shall specify the date as of which this Lease shall terminate, which date will be no earlier than ninety (90) days from the date of the initial Lease Term)notice. The relocation amendment of the Premises this Lease in accordance with (a) herein or the payment of the consideration in accordance with (b) herein shall be Tenant's sole remedy in the event Tenant is required to surrender possession of the Premises as provided in this SECTION 2.4Section 20.20. In the event Landlord exercises its right under item (a) of the preceding paragraph, Landlord, at its sole cost and expense, shall (i) build out the new premises to the extent and condition of the leasehold improvements existing in the Premises as of the date of such relocation, and (ii) either, at Landlord's option, reimburse Tenant for the reasonable, third party costs actually reasonable moving expenses incurred by Tenant to move its Personal Property in moving from the original Premises to the new premises or perform the work to move such Personal Property relocated Premises (and returning to the new premisesoriginal Premises, if applicable) within forty-five (45) days following Tenant's submission of Tenant's documented moving expenses. Rental shall be abated on a proportionate basis for any period of time that Tenant is required to surrender possession of a portion of the Premises but is able to operate in the remainder of the Premises.

Relocation or Termination. If in connection with Landlord's expansion, reduction, alterationremoval, renovation, renovation or construction of new or existing improvements after the initial opening of the Shopping Center (but excluding reconfiguration required solely to accommodate other improvements Shopping Center tenants or to the H&H Project, reconfigure existing leasable spaces) Landlord reasonably determines that it is necessary that Tenant vacate the Premises or that the Premises be altered, Landlord may require that Tenant surrender possession of the Premises, provided Landlord, in its sole and absolute discretion but subject to the terms of the Mortgage or any other agreement affecting the H&H Project, either (a) amends this Lease to lease Tenant other comparable premises within the H&H Project Shopping Center on the same terms and conditions as those contained in this Lease for the balance of the remaining Lease Term, or (b) terminates this Lease and pays Tenant an amount equal to the yet then unamortized original net cost paid by to Tenant (or by of its predecessor, if Tenant is not the original Tenant) of the Improvements in connection with the original build out of the Premises for occupancy under this LeaseImprovements, calculated using a straight-line amortization schedule and an amortization period equal to the initial Lease Term (i.e., exclusive of any extension of the initial Lease Term). The relocation of the Premises in accordance with (a) herein or the payment of the consideration in accordance with (b) herein shall be Tenant's sole remedy in the event Tenant is required to surrender possession of the Premises as provided in this SECTION 2.4Section. In It is expressly agreed and understood that Landlord shall first offer to lease Tenant other comparable premises within the event Landlord exercises its right under item Shopping Center if available, in Landlord's sole, yet reasonable discretion. The foregoing provisions of this Section 2.4 shall be subject to the following: (a) Comparable premises shall be deemed to mean premises which are substantially the same in size (not less than 3,898 square feet or more than 7,898 square feet in size and having a mall frontage of 28.5 feet or more) and similar in location with respect to vertical transportation within the preceding paragraphShopping Center; provided, however, in no event shall Landlord be obligated to offer to Tenant any location which Landlord is prevented from leasing to Tenant pursuant to covenants of Landlord respecting radius, location, use, or exclusivity contained in any other lease, financing agreement (including the Mortgage), or other agreement affecting the Shopping Center. If more than one (1) comparable premises is available in the Shopping Center as determined by Landlord's sole, at its sole yet reasonable judgement, Landlord shall offer Tenant the comparable premises that is closest in proximity to the Premises. Landlord shall pay the cost and expense, shall (i) build out expense of finishing the new premises to the extent of the quality and condition of the leasehold improvements existing decor (including all Improvements but excluding Personal Property) which existed in the Premises as immediately prior to relocation; (b) Landlord shall give Tenant at least ninety (90) days notice of the date of such relocation, and (ii) either, at Landlord's option, reimburse intention to relocate the Tenant; (c) Landlord shall not have the right to relocate the Tenant for more than one (1) time during the reasonable, third party costs actually incurred by Tenant to move its Lease Term and in no event shall relocation occur from August 1st through October 31st; (d) The physical relocation of Tenant's Personal Property from the Premises to the new premises or perform shall be accomplished by Landlord at Landlord's cost and expense; (e) Landlord shall exercise due diligence in the work to move relocation of the Tenant and Minimum Annual Rental and Additional Rent shall abate during any period that the xxxxxess conducted upon the Premises must be closed as a result of such Personal Property to relocation, which closure shall not exceed seven (7) days; (f) If the new premises differ in size from the Premises as it existed before the relocation, Minimum Annual Rent and all Additional Rent that is calculated based on Floor Area shall be calculated on the basis of the Floor Area of the new premises; (g) The parties shall immediately execute an amendment to this Lease documenting the relocation of the Tenant and the reduction or increase in the Floor Area of the Premises; (h) All incidental costs incurred by Tenant as a result of the relocation including without limitation, costs incurred in change of address on stationery, business cards, directories, advertising, and other such items, shall be paid by Landlord, in a sum not to exceed Seven Hundred Fifty Dollars ($750) in the aggregate; (i) If Tenant (in its sole and absolute discretion) and Landlord are unable to agree upon comparable premises for the purposes of relocation pursuant to this Section 2.4 within thirty (30) days of Landlord's notice to Tenant of its intent to relocate Tenant, then this Lease shall terminate and Landlord shall compensate Tenant for its reasonable damages. For purposes of this Section 2.4, reasonable damages shall be defined as the unamortized net cost to Tenant of its Improvements with a straight-line amortization period equal to the Lease Term.