Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
Appears in 3 contracts
Samples: Lab Lease (OmniAb, Inc.), Lease Agreement (Avista Public Acquisition Corp. II), Lab Lease (OmniAb, Inc.)
Relocation. Tenant shall make reasonable efforts On or after the seventh (7th) anniversary of the Commercial Operation Date, District may, at its option, require that the Solar Facility be permanently relocated, either on the Site or to relocate another site owned and operated by District, at a location with at least equal Insolation to the New Premises as soon as is practical after Substantial Completion existing Site and reasonably acceptable to both Parties (the “Relocation Site”). District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Site, the Parties will amend this Agreement to memorialize the required changes in the definition of “Site” and other changes required to memorialize the relocation. District shall pay Provider’s actual and necessary costs in connection with the relocation of the New Premises Landlord WorkSolar Facility, it including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and any applicable interconnection fees. District shall additionally compensate Provider for any revenue that Provider would have generated during the period in which energy cannot be generated and delivered to District from the Solar Facility being understood and agreed relocated, at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the parties thatrelocation. Within thirty (30) days of agreement on a Relocation Site, notwithstanding the date of Substantial Completion Provider will provide District with a calculation of the New Premises Landlord Workestimated time required for such relocation, Tenant shall and the total anticipated amount of lost revenues and additional costs to be incurred by Provider as a result of such relocation. District will have no obligation twenty (20) days to relocate review the calculation and make, in writing, any objections to the New Premises prior calculation. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to June the applicable Site, upon Provider’s thirty (30) days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, 2014 if such District shall pay Provider an earlier date is not reasonably convenient amount equal to the Termination Value for Tenant’s business operationsthe Site requiring termination. The New Premises Commencement Date shall be In the date upon which New Landlord achieves Substantial Completion event of a termination occurring under this Section 11, following receipt of payment from District of the New Premises Landlord Work Termination Value, Provider shall remove the Solar Facility and delivers possession of restore the New Premises Site in accordance with Section 3, at no additional cost to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordDistrict.
Appears in 3 contracts
Samples: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement
Relocation. Tenant A. Landlord, at any time during the Extension Term, shall make reasonable efforts have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsPremises. The New Premises Commencement Date shall (i) be comprised of rentable area equal to or greater than the date upon which New Landlord achieves Substantial Completion rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord Work in connection with Landlord’s designing and delivers performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant subject to the aforementioned right for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated so relocating to the New Premises and b) delivered possession of from the Existing Premises back to Landlord in broom-cleanOld Premises, de-commissioned and de-contaminated condition as specified in the Lease within seven thirty (730) days after New LandlordTenant’s delivery request therefor and Tenant’s submission to Landlord of possession of reasonable supporting documentation therefor.
D. From and after the New PremisesRelocation Date, again subject all references to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to Premises herein shall mean the New Premises Commencement, rather than the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordOld Premises.
Appears in 3 contracts
Samples: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Cirius Therapeutics, Inc.), Assignment and Assumption of Lease (Cirius Therapeutics, Inc.)
Relocation. Tenant shall make reasonable efforts to relocate Subject to the New Premises as soon as is practical requirements established in this Agreement for notification and coordination, if, in VCTC’s sole determination, the location of the Easements or configuration of any of the Work, interfere or inhibit any of VCTC’s operations, Developer shall within ninety (90) days after Substantial Completion prior written notice from VCTC and the grant of the New Premises Landlord WorkEasement or such additional time as is commercially reasonable for such relocation (the “Relocation Period”) relocate such Rail Crossing and/or Utilities, it being understood as applicable, to a different location approved by VCTC at Developer’s sole cost and agreed expense. Upon VCTC’s determination that such relocation is necessary, VCTC shall grant to Developer a new non-exclusive easement to install and maintain the relocated facilities on the same terms and conditions as the previous Easement(s) provided for by the parties that, notwithstanding the date of Substantial Completion this Agreement (“New Easement”). VCTC and Developer agree that upon completion of the New Premises Landlord Worknew relocated facilities, Tenant and approval of such relocated facilities by VCTC and appropriate regulatory agencies, Developer and VCTC shall have no obligation terminate the previous Easement(s) and such Easement(s) shall be quitclaimed from Developer to VCTC without expense to VCTC, and any and all interest in the VCTC Property conveyed to Developer in the previous Easement(s) shall automatically revert to VCTC or its assigns and successors, without the necessity of any further action to effect such reversion. Notwithstanding the foregoing, VCTC shall only require relocation of the Rail Crossing and Rail Crossing Easement, Utilities and Utilities Easement in connection with work carried out in furtherance of a project necessary to fulfill the mission of the VCTC as that mission is set forth in the Ventura-Santa Clarita Rail Corridor Study adopted in 1993; Santa Xxxxx Xxxxxx Line Master Plan adopted in 1996; Ventura Rail Right-of-Way Restoration Study adopted in 1998; Santa Xxxxx Xxxxxx Line Management and Capital Needs Assessment adopted in 1999; Santa Xxxxx Xxxxxx Line Master Plan Environmental Impact Report adopted in 2000; Santa Xxxxx Xxxxxx Line Recreational Trail Master Plan adopted in 2000; Santa Xxxxx Xxxxxx Line Rail Corridor Study adopted in 2006; and Fillmore and Western Railroad Regional Hydrology and Hydrologic Study adopted in 2012; or any amendments thereto as adopted by VCTC. In the event that Developer fails to relocate to the New Premises prior to June 30Work within a reasonable amount of time after notice from VCTC, 2014 if VCTC may relocate the Work and the cost and expense of such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date relocation shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right payable by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordDeveloper.
Appears in 2 contracts
Samples: Construction and Non Exclusive Easement Agreement, Construction and Non Exclusive Easement Agreement
Relocation. Landlord may, upon not less than 90 days’ notice to Tenant, relocate the Premises to any other premises within the Xxxxxx Center (“Relocated Premises”) on a date of relocation (the “Relocation Date”) specified therein. The Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes due to the relocation (but only the quantity existing immediately prior to the relocation) and all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall make reasonable efforts to relocate to have the New Premises option, effective as soon as is practical after Substantial Completion of the New Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within fifteen (15) Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises Landlord Workto Tenant on any date within a 30 day period prior to or after the Relocation Date, it being understood and agreed by the parties that, notwithstanding in which event the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery tender of possession of the New Premises, again subject to Relocated Premises shall become the April 30, 2014 dateRelocation Date. Tenant hereby agrees and acknowledges that prior to From the New Premises CommencementRelocation Date through the Expiration Date, the Landlord under this Lease aggregate Base Rent for the Relocated Premises shall be Landlord the same as for the original Premises. Tenant’s failure to vacate the Premises and that following said date move into the Landlord under this Lease Relocated Premises on the Relocation Date shall become New Landlordconstitute a Time Sensitive Default. Notwithstanding the foregoing, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this not relocate the Premises during the first twenty-four (24) months of the initial Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordTerm.
Appears in 2 contracts
Samples: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.)
Relocation. Landlord shall have the right at any time to relocate Tenant to any other leasable space in the Property (or Project) provided that said space shall be approximately the same size as the Premises and that Landlord shall pay the cost of moving Tenant’s furniture and equipment to the new space. The new space shall include tenant improvements that are substantially equivalent to the tenant improvements contained in the Premises, and the cost of any required tenant improvements shall be paid by Landlord. Landlord shall deliver substitute space to Tenant not more than one hundred eighty (180) days after Tenant approves plans for the construction of required tenant improvements at the new space, if any. Tenant shall make reasonable efforts to relocate not unreasonably withhold or delay its approval of any plans for the construction of tenant improvements. Landlord shall give Tenant not less than thirty (30) days advance notice of the estimated move in date. Prior to the New Premises as soon as date that Tenant is practical after Substantial Completion of moved to the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Worknew space, Tenant shall have no obligation to relocate to remain in the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession shall continue to perform all of its obligations under this Lease. After Tenant moves into the Existing Premises back to Landlord in broom-cleannew space, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall remain in full force and effect and be deemed applicable to such new space, except as to Base Rent, Tenant’s share of Operating Expenses and Taxes, all of which shall be adjusted based on the relationship between the number of rentable square feet in the original Premises and the number of rentable square feet in the new space; provided, however, in the event the square footage of the new space is greater than the Premises then Base Rent and Tenant’s Pro Rata Share shall not change. Upon Tenant’s election to be relocated, Landlord and that following said date the Landlord under Tenant shall amend this Lease shall become New Landlord, and that following to provide for the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordrelocation of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)
Relocation. Tenant shall make reasonable efforts When it is necessary to relocate Educational Assistants to meet the New Premises as soon as is practical changing needs of students throughout the school year, the following shall apply:
1) Dates for possible relocation will be the scheduled working day following Thanksgiving, the first school day after Substantial Completion Christmas break and the scheduled working day following the March Break.
2) Prior to relocation, the Union shall be notified of the New Premises Landlord Worknames, it being understood seniority, rank, and agreed work locations of all Employees affected by relocation and will be provided with the parties thatdescription and list of all current Educational Assistant vacancies. Following relocation, notwithstanding the date of Substantial Completion Union will be notified of the New Premises Landlord Worknew assignments for relocated Educational Assistants as per Article 13.10.
3) The Special Education Department will assess school needs and determine where needs have increased or decreased. In the event that needs at a location have decreased, Tenant the least senior Educational Assistant at the location will be relocated.
4) Affected Employees will be notified of relocation and will be provided a description of all current vacancies, from which they may indicate preference, based on seniority and for which they are qualified.
5) Not less than three (3) working days subsequent to notification, the Employee will beasked to indicate their preference(s). They may choose a vacancy within 30kms, and/or beyond 30kms, of their home location. No Employee shall have no obligation be required to relocate to the New Premises prior to June 30, 2014 if such choose a vacancy beyond 30kms of their home location. If an earlier date Employee is not reasonably convenient for Tenant’s business operationsplaced into a selected vacancy, the Employee shall be relocated within 30kms of their home location if there exists a vacancy that meets their qualifications and entitlement.
6) Affected Employees will be relocated into permanent positions matching their FTE and qualifications. If at the end of the relocation process, an Educational Assistant is without a permanent position, they will have access to rightsunder Article 14.04.
7) Educational Assistants being relocated will be informed of their new assignment location. An Educational Assistant will begin their new assignment not less than five (5) days subsequent to being informed of their new location.
8) Where an Educational Assistant is relocated to a new location to meet student needs, the Employee may choose their home location from the original location or the new location. The New Premises Commencement Date shall be Employee will have not less than ten (10) working days to choose which location they opt to retain as their home location for the date upon which New Landlord achieves Substantial Completion remainder of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordschool year.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Relocation. Tenant Sublessor shall make reasonable efforts have the right at any time during the Term of this Sublease Agreement to require the Subtenant to relocate to other space in the New Premises Project (hereinafter referred to as soon “Substitution Space”). The Substitution Space shall have approximately the same rentable square footage as the Premises. If Sublessor desires to exercise such right, Sublessor shall give Subtenant not less than sixty (60) days prior written notification that Subtenant is practical after Substantial Completion to relocate to another space. Sublessor shall pay for all reasonable costs directly related to such relocation, including all reasonable costs and expenses related to improving the space with leasehold improvements equal to those then in Subtenant’s Premises. After such relocation, all terms, covenants, conditions, provisions, and agreements of this Sublease Agreement shall continue in full force and effect and shall apply to the Substitution Space except that if the Substitution Space contains more square footage than the presently leased Premises, the monthly rental shall be increased proportionately. If Subtenant shall retain possession of the New Premises Landlord Workor any part thereof following the date set for relocation or termination, it being understood and agreed by Subtenant shall be liable to Sublessor, for each day of such retention, for double the parties that, notwithstanding amount of the daily rental for the last period prior to the date of Substantial Completion of such expiration or termination, plus actual damages incurred by Sublessor resulting from delay by Subtenant in surrendering the New Premises Landlord WorkPremises, Tenant shall have no obligation to relocate including, without limitation, any claims made against Sublessor by any succeeding tenant to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of Sublessor’s costs in taking any action to evict Subtenant from the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
Appears in 2 contracts
Samples: Sublease Agreement (AbSci Corp), Sublease Agreement (AbSci Corp)
Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: aA. Upon at least three (3) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities days’ written notice to Tenant, Landlord may require that Tenant relocate to: (1) another Bedroom or another Unit in the Facility; or (2) another facility owned by Landlord and that used or to be used for the housing of University students; or (3) another University housing facility. The notice will specify the space to which Tenant is required to move. Despite the relocation and substitution of space, this Lease shall thereafter be construed as will continue in full effect, except that Landlord will recalculate Rent for the substituted space based upon the rate ordinarily in effect for the premises to which Tenant is relocated. The Landlord has the right to relocate a lease agreement solely between Tenant without prior notice at any time before the student takes occupancy of an Assigned Unit. Landlord is not obligated to relocate Tenant. Landlord is not responsible or liable for problems among Tenant and New other Tenants of the Unit. Matters involving alleged violations of the University’s Residential Living Policy and Procedure Manual, the Ram’s Eye View, or the University’s Code of Student Conduct will be referred to the University’s Residence Life and Housing Services, Office of Student Conduct, or WCU Public Safety Office, as determined by applicable University policy. Once a matter is referred to a University department for investigation or other action, such University department shall have the authority to make all findings and decisions regarding student discipline and consequences, including discipline or other action that may affect Tenant. Xxxxxxxx and Xxxxxx agree to fully cooperate with University proceedings, and Xxxxxx releases and holds Landlord harmless against any claims associated with such proceedings or Xxxxxx’s underlying conduct. If it is determined that a Tenant must be relocated to a new Unit, whether within a USH Facility or otherwise, then Tenant shall agree to relocate immediately, without further notice or proceedings. The relocation could be permanent or temporary, and such relocation shall in no way release or Tenant from the obligations of this Lease, or relieve Tenant from the obligation of paying rent, unless Landlord consents, which consent shall be given in Landlord’s sole discretion.
B. In connection with (i) a pandemic or an outbreak of a dangerous contagious or communicable disease,
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Relocation. Tenant shall make reasonable efforts If, following the Effective Date, EBS is required to relocate the Cable or any of the facilities used or required in providing Customer with the IRU, EBS shall give Customer sixty (60) days prior notice of any such relocation, if possible, and shall proceed with such relocation. EBS shall have the right to direct such relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to be used for such relocation; provided that any such relocation: (a) shall be constructed and tested in accordance with the specifications and -------- requirements set forth in Exhibits A and C; (b) shall not result in a materially adverse change to the New Premises as soon as is practical after Substantial Completion operations, ---------------- performance, Connecting Points with the network of Customer, or end points of the New Premises Landlord WorkSystem; and (c) shall not unreasonably interrupt service on the System. If the relocation is required due to EBS' failure to maintain an EBS Required Right, it being understood EBS shall pay the Relocation Costs. In all other circumstances, where the Relocation Cost (excluding reimbursements) of EBS' relocation exceeds $"*" per occurrence and agreed by is beyond the parties thatreasonable control of EBS, notwithstanding the date of Substantial Completion Customer shall reimburse EBS for Customer's Proportionate Share of the New Premises Landlord WorkRelocation Costs (including, Tenant shall without limitation, fiber acquisition, splicing and testing). In the event that a third party that does not have no obligation an interest in the fibers in the Cable reimburses EBS for all of or a portion of the cost to relocate the System, or a third person with an interest in the Cable reimburses EBS for more than its Proportionate Share of such Relocation Costs, then reimbursement amount shall reduce on a dollar-for-dollar basis the aggregate amount of Relocation Costs deemed to have been spent by EBS under this Article IX. EBS shall deliver to Customer updated as-built drawings consistent with the New Premises specifications set forth in Exhibit D with respect to any relocated portion of the System no --------- later than ninety (90) days following completion of the work. EBS shall prepare a budget for the costs associated with such relocation and, except in the event of an emergency, at least thirty (30) days prior to June 30, 2014 if beginning such an earlier date is not reasonably convenient relocation work provide Customer a copy. EBS shall provide information and documentation to Customer sufficient to demonstrate the basis for Tenant’s business operations. The New Premises Commencement Date shall be and the date upon which New Landlord achieves Substantial Completion proportionate amount of the New Premises Landlord Work and delivers possession Relocation Costs chargeable to Customer. Customer shall pay Customer's proportionate share of such Relocation Costs within thirty (30) days of receipt of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.foregoing information
Appears in 2 contracts
Samples: Iru Agreement (Pathnet Telecommunications Inc), Iru Agreement (Pathnet Telecommunications Inc)
Relocation. Landlord expressly reserves the right before possession or commencement and during the term of this Lease, at its sole cost and expense, to remove the Tenant from the Leased Premises and relocate the Tenant to some other space of Landlord's choosing of approximately the same size within the Building, which other space shall be decorated by Landlord at Landlord's expense and Landlord may in its discretion use such decorations and materials from the existing Leased Premises or other materials, so that the space in which Tenant is relocated is comparable in its interior design and decoration to the Leased Premises from which Tenant is removed; provided, however, that if Landlord exercises its election to remove and relocate the Tenant to other space within the Building and the new space is at that time leasing for a higher rate of Rent per square foot of Net Rentable Area, then Tenant shall make reasonable efforts not be required to relocate pay the difference between the Rent per square foot of Net Rentable Area of the Leased Premises and the higher Rent per square foot of Net Rentable Area of the space to which Tenant is relocated; provided, further, that if Tenant is removed and relocated to other space within the Building which is then leasing at a rate of Rent per square foot of the Net Rentable area less than the rate of Rent per square foot of the Net Rentable Area of the existing Leased Premises at that time, Tenant's Rent per square foot shall be reduced to the New Premises as soon as is practical after Substantial Completion Rent per square foot of Net Rentable Area then being charged for the New Premises Landlord Workspace in which Tenant has been relocated. Tenant, it being understood and agreed by the parties thatexecution of this Lease, notwithstanding acknowledges the date foregoing right of Substantial Completion of the New Premises Landlord WorkLandlord, Tenant shall have and no obligation rights granted in this Lease to relocate Tenant, including, but not limited to the New Premises prior to June 30right of peaceful and quiet enjoyment, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession have been breached or interfered with by reason of Landlord's exercise of the Existing Premises back right of relocation reserved in this Paragraph. Landlord's sole obligation for costs and expenses of removal and relocation shall be the actual cost of relocating and decorating the space in which tenant is relocated, and Tenant agrees that Landlord's exercise of its election to Landlord in broom-clean, de-commissioned remove and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. relocate Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under shall not terminate this Lease shall be or release the Tenant, in whole or in part, from the Tenant's obligation to pay the rents and perform the covenants and agreement hereunder for the full term of this Lease. Landlord and that following said date the Landlord under this Lease shall become New Landlordwill endeavor to relocate Tenant with a minimum of disturbance to Tenant's business, and that following the New Premises Commencement Date Landlord for such period, if any, as Tenant is unable to conduct its business during and because of such relocation, Rent shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordxxxxx.
Appears in 2 contracts
Samples: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)
Relocation. Landlord, at its sole expense, on at least 120 days’ prior written notice to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Complex. In the event of any such relocation, Landlord shall pay all the expenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises; (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling); and (c) that Tenant actually and reasonably incurs out-of-pocket (and which Tenant can document with written records) in connection with Tenant notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenant’s relocation. Tenant shall make execute any reasonable efforts amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to relocate pay Rent (at the same rate per rentable square foot), shall continue in full force and effect and shall apply to the New Premises as soon as is practical after Substantial Completion of new premises; and (ii) Tenant shall move into the New Premises Landlord Work, it being understood and agreed by new premises. Notwithstanding anything to the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workcontrary, Tenant shall have no obligation the right to relocate to terminate the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right Lease by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back written notice to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven not more than ten (710) days after New Tenant’s receipt of Landlord’s delivery of possession of the New Premisesrelocation notice and, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencementin such event, the Landlord under this Lease shall be terminate on the date that is sixty (60) days after Landlord’s receipt of Tenant’s termination notice unless Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to revokes its relocation notice within ten (10) days from receipt of Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord’s termination notice.
Appears in 2 contracts
Samples: Lease (Paratek Pharmaceuticals, Inc.), Lease (Paratek Pharmaceuticals, Inc.)
Relocation. Tenant Landlord shall make reasonable efforts have the right, at any time and from time to time upon ninety (90) days' prior written notice to Tenant, to relocate Tenant to other premises ("New Premises") within the Shopping Center; subject, however, to the following terms and conditions:
(a) The New Premises shall have approximately the same Floor Area as is contained in the Premises, (b) the New Premises shall be leased to Tenant on the same terms and conditions as soon as is practical after Substantial Completion provided in this Lease, except that there shall be a proportionate adjustment of Minimum Annual Rental and Additional Rental based upon the Floor Area in the New Premises, (c) Landlord shall pay to Tenant, within thirty (30) days following the date Tenant initially opens for business in the New Premises, those expenses reasonably incurred by Tenant in connection with the relocation of Tenant's personal property; provided. however, Tenant has first provided Landlord with an itemized list of these expenses (accompanied with copies of invoices and proofs of payment of same), and (d) Landlord shall pay all costs of the leasehold improvements to be constructed at the New Premises and such leasehold improvements shall be substantially similar to the leasehold improvements in the Premises. In its notice to Tenant, Landlord Work, it being understood and agreed by shall set forth a timetable for completion of the parties that, notwithstanding leasehold improvements in the date of Substantial Completion of New Premises. If the New Premises Landlord Workis unacceptable to Tenant for any reason, Tenant shall have no obligation the right as its sole remedy hereunder, upon written notice to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease given within seven thirty (730) days after New Landlord’s delivery 's notice of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities relocation to Tenant, and that to terminate this Lease on thirty (30) days' written notice to Landlord. Landlord shall thereafter be construed pay to Tenant, within sixty (60) days after said notice is given and upon vacation of the Premises by Tenant, the unamortized book value of Tenant's leasehold improvements, excluding items removable by Tenant at the expiration of the Term pursuant to Section 27.24 (to the extent said leasehold improvements were paid for by Tenant, as evidenced by invoices and proofs of payment of same), depreciated on a lease agreement solely between straight-line basis over the Term, and Tenant and New Landlordshall provide Landlord with a bill xx sale for said leasehold improvements.
Appears in 2 contracts
Samples: Retail Space Lease (Silicon Entertainment Inc /Ca/), Retail Space Lease (Silicon Entertainment Inc /Ca/)
Relocation. Tenant shall make reasonable efforts When it is necessary to relocate Educational Assistants to meet the New Premises as soon as is practical changing needs of students throughout the school year, the following shall apply:
1) Dates for possible relocation will be the scheduled working day following Thanksgiving, the first school day after Substantial Completion Christmas break and the scheduled working day following the March Break.
2) Prior to relocation, the Union shall be notified of the New Premises Landlord Worknames, it being understood seniority, rank, and agreed work locations of all Employees affected by relocation and will be provided with the parties thatdescription and list of all current Educational Assistant vacancies. Following relocation, notwithstanding the date of Substantial Completion Union will be notified of the New Premises Landlord Worknew assignments for relocated Educational Assistants as per Article 13.10.
3) The Student Support Services Department will assess school needs and determine where needs have increased or decreased. In the event that needs at a location have decreased, Tenant the least senior Educational Assistant at the location will be relocated.
4) Affected Employees will be notified of relocation and will be provided a description of all current vacancies, from which they may indicate preference, based on seniority and for which they are qualified.
5) Not less than five (5) days subsequent to notification, the Employee will be asked to indicate his/her preference(s). He/she may choose a vacancy within 30kms, and/or beyond 30kms, of his/her home location. No Employee shall have no obligation be required to relocate to the New Premises prior to June 30, 2014 if such choose a vacancy beyond 30kms of his/her home location. If an earlier date Employee is not reasonably convenient for Tenant’s business operationsplaced into a selected vacancy, the Employee shall be relocated within 30kms of his/her home location if there exists a vacancy that meets his/her qualifications and entitlement.
6) Affected Employees will be relocated into permanent positions matching their FTE and qualifications. If at the end of the relocation process, an Educational Assistant is without a permanent position, he/she will have access to rights under Article 14.04.
7) Educational Assistants being relocated will be informed of their new assignment location. An Educational Assistant will begin his/her new assignment not less than five (5) days subsequent to being informed of their new location.
8) Where an Educational Assistant is relocated to a new location to meet student needs, the Employee may choose his/her home location from the original location or the new location. The New Premises Commencement Date shall be Employee will have not less than ten (10) working days to choose which location he/she opts to retain as his/her home location for the date upon which New Landlord achieves Substantial Completion remainder of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordschool year.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Relocation. Landlord, at its expense, shall have the one-time right exercisable at any time before or during the Term upon one hundred twenty (120) days’ prior written notice to Tenant, to relocate Tenant from the Premises to alternative space within the Park of reasonably comparable size, quality and utility (“Relocation Space”). Landlord shall make use commercially reasonable efforts to relocate accomplish as much of any such relocation as is reasonably practicable during non-business hours, so as to minimize unnecessary interruption to the New Premises as soon as is practical after Substantial Completion business of the New Premises Landlord WorkTenant. Specifically, it is agreed that any such move shall be a so-called “white glove” move, with Tenant’s employees being understood responsible only to pack their personal items on a given date, and agreed by upon completion of the parties thatmove only to unpack such personal items at their new work stations/offices. To the extent reasonably practicable and subject to Tenant’s good faith cooperation to effectuate same, notwithstanding any such relocation shall entail a Friday pack-up and weekend move, with the goal that Tenant shall be ready to occupy and operate in the Relocation Space as of the following Monday morning, subject to full cooperation of Tenant’s IT and other organizational employees necessary to cause the same to occur in coordination with Landlord. From and after the date of Substantial Completion the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the New Premises Relocation Space. Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for pay Tenant’s business operationsreasonable costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the new address. The New Premises Commencement Date Notwithstanding the foregoing, Landlord agrees that it shall be not exercise the date upon which New Landlord achieves Substantial Completion aforementioned relocation right within the last twelve (12) months of the New Premises Landlord Work and delivers possession Term of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordLease.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (scPharmaceuticals Inc.)
Relocation. A. Landlord, at its expense at any time before or during the Lease Term (but not more than twice), shall be entitled to cause Tenant shall make reasonable efforts to relocate from the Premises to space containing not less than 95% of the Rentable Area of the Premises and a comparable layout, leasehold improvements and finishes as the Premises prior to the New Premises as soon as is practical relocation (the "Relocation Space") within the Building or adjacent buildings within the same project at any time upon ninety (90) days' prior written notice to Tenant. Such a relocation shall not affect this Lease except that from and after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion such relocation, "Premises" shall refer to the Relocation Space into which Tenant has been moved, rather than the original Premises as herein defined, and the Base Rental shall be adjusted so that immediately following such relocation the Base Rental for the Relocation Space per annum on a per square foot of Rentable Area basis shall be the New same as the Base Rental per annum immediately prior to such relocation for the original Premises on a per square foot of Rentable Area basis, provided that the total monthly Base Rental for the Relocation Space shall in no event exceed the Base Rental for the Premises. Tenant's Pro Rata Share shall also be adjusted in accordance with the formula set forth in this Lease, provided that the Additional Base Rental for the Relocation Space shall not exceed the Additional Base Rental for the Premises. Landlord Workagrees to reimburse Tenant for all reasonable out-of-pocket costs incurred by Tenant in connection with the Relocation and not paid directly by Landlord, including the cost of moving furniture and equipment, installing cabling and wiring, and reprinting existing stationery and business cards and similar items of expense.
B. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation intending to relocate the Premises to any location other than the top three (3) floors in the Phase I Building or Phase II Building, Tenant shall have no obligation the right to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion terminate this Lease by giving written notice of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back termination to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven twenty (720) days after New the date of Landlord’s delivery 's notice of possession relocation to Tenant. Such termination shall be effective sixty (60) days after the date of Landlord's notice of relocation, provided that Landlord, within ten (10) days after receipt of Tenant's notice of termination, shall have the New Premisesright to withdraw its notice of relocation. In such event, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be continue in full force and effect as if Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between had never provided Tenant and New Landlordwith notice of relocation.
Appears in 2 contracts
Samples: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)
Relocation. Tenant City shall make reasonable efforts have the right to relocate RW, from time to the New Premises as soon as is practical after Substantial Completion time, to another part of the New Building in which the Premises Landlord Workare located in accordance with the following:
(A) The new Premises shall be substantially the same in size, dimensions, configuration, decor and nature as are the Premises described in this Use Agreement and shall be placed in that condition by City at its cost.
(B) The physical relocation of RW shall be accomplished by City at its cost.
(C) City shall give RW at least thirty (30) days written notice of City's intention to relocate RW to a specified location in the Building. After receipt of such notice, RW shall have thirty (30) days to notify City in writing if it being understood objects to such relocation and agreed of RW’s intent to terminate this Use Agreement without penalty and vacate the Premises by the parties that, notwithstanding a date set forth in such notice which is not more than six (6) months after the date of Substantial Completion of the New Premises Landlord Work, Tenant such notice. City shall have no obligation to relocate to the New Premises prior to June thirty (30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery receipt of possession such notice from RW to rescind its notice to relocate RW by written notice to RW.
(D) The relocation of RW shall take place on a weekend and shall be completely accomplished before the Monday following the weekend in which the relocation takes place. If the relocation has not been completed in that time, Base Periodic Use Compensation shall fully xxxxx from the time the relocation commences to the time it is completed.
(E) All reasonable costs incurred by RW as a result of the New Premisesrelocation, again subject to the April 30including, 2014 date. Tenant hereby agrees without limitation, costs incurred in changing addresses on stationery, business cards, directories, advertising and acknowledges that prior to the New Premises Commencementother reasonable items, the Landlord under this Lease shall be Landlord paid by City.
(F) If the relocated Premises are smaller than the Premises as it existed before the relocation, Annual Base Periodic Use Compensation and that following said date RW's proportionate share of Operating Expenses shall be reduced accordingly.
(G) The parties hereto shall immediately execute an Amendment to this Use Agreement evidencing RW's relocation and the Landlord under this Lease shall become New Landlordreduction of Periodic Use Compensation, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordif any.
Appears in 2 contracts
Samples: Use Agreement, Use Agreement
Relocation. Landlord, at its sole expense, on at least six (6) months’ prior written notice to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building. In the event of any such relocation, Landlord shall pay all the reasonable expenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises; (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling); and (c) reasonably incurred and documented by Tenant, up to a maximum amount of $5,000.00, in notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenant’ s relocation. Tenant shall make execute any reasonable efforts amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to relocate pay Rent (at the same rate per rentable square foot except as set forth below), shall continue in full force and effect and shall apply to the New Premises new premises; provided, however, in no event shall the Fixed Rent payable by Tenant under the Lease or Tenant’s Share increase as soon as is practical after Substantial Completion a result of such relocation (if the new premises are smaller than the Premises, all rental charges which are based upon the square footage of the New Premises Landlord Work, it being understood shall be reduced accordingly); and agreed by (ii) Tenant shall move into the parties that, notwithstanding new premises. Notwithstanding the date of Substantial Completion of the New Premises Landlord Workforegoing, Tenant shall have no obligation the right to relocate terminate this Lease by written notice to Landlord within thirty (30) calendar days after receipt of Landlord’s notice of relocation; provided, however, Landlord shall have the right to rescind its relocation notice by notice to Tenant within fifteen (15) calendar days after receipt of Tenant’s notice of termination, in which case the Term and the Premises shall continue as if Landlord never sent a notice of relocation under this Section 24. If Tenant timely terminates this Lease pursuant to the New Premises prior foregoing and Landlord does not elect to June 30rescind its relocation notice, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date the Term shall be automatically end on the date upon set forth in Landlord’s notice as the relocation date as if the Term were originally scheduled to expire on such date, which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant date shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord Expiration Date under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordLease.
Appears in 2 contracts
Samples: Lease (Cabaletta Bio, Inc.), Lease (Cabaletta Bio, Inc.)
Relocation. Landlord shall have the right at any time during the Term of this Lease to require the Tenant shall make reasonable efforts to relocate to other space in the New Premises Project (hereinafter referred to as soon "Substitution Space"). The Substitution Space shall have approximately the same rentable square footage as the Premises. If Landlord desires to exercise such right, Landlord shall give Tenant not less than sixty (60) days prior written notification that Tenant is practical after Substantial Completion to relocate to another space. Landlord shall pay for all reasonable costs directly related to such relocation, including all reasonable costs and expenses related to improving the space with leasehold improvements equal to those then in Tenant's Premises. After such relocation, all terms, covenants, conditions, provisions, and agreements of this Lease shall continue in full force and effect and shall apply to the Substitution Space except that if the Substitution Space contains more square footage than the presently leased Premises, the monthly rental shall be increased proportionately. If Tenant shall retain possession of the New Premises Landlord Workor any part thereof following the date set for relocation or termination, it being understood and agreed by Tenant shall be liable to Landlord, for each day of such retention, for double the parties that, notwithstanding amount of the daily rental for the last period prior to the date of Substantial Completion of such expiration or termination, plus actual damages incurred by Landlord resulting from delay by Tenant in surrendering the New Premises Premises, including, without limitation, any claims made against Landlord Work, Tenant shall have no obligation to relocate by any succeeding tenant to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of Landlord's costs in taking any action to evict Tenant from the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
Appears in 2 contracts
Samples: Office Lease (AbSci Corp), Office Lease (AbSci Corp)
Relocation. 16.9.1 The Landlord may during the Term relocate the Tenant shall make reasonable efforts to relocate alternative premises if:
(a) the Landlord gives the Tenant details of a genuine proposal to the New Premises as soon as is practical after Substantial Completion carry out a refurbishment, redevelopment or extension of the New Premises Landlord Work, it being understood and agreed by Building within a reasonably practicable time after the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is relocation that cannot reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers carried out practicably without vacant possession of the New Premises to Premises; and
(b) the Landlord gives the Tenant subject not less than 3 months’ notice (relocation notice) containing details of an alternative premises, and offering the Tenant a new lease of those premises on the same terms as this Lease except that:
(i) the term of the new lease will begin at the earlier of 1 month after the alternative premises are made available to the aforementioned right Tenant for fitout purposes and the day on which the Tenant begins trading from the alternative premises, and will end on the Terminating Date; and
(ii) the rent will be adjusted (if necessary) to take into account the difference in commercial values between the Premises and the alternative premises.
16.9.2 The Landlord must notify the Tenant of the rent it thinks should be payable for the alternative premises when the relocation notice is given.
16.9.3 After receipt of the relocation notice, the Tenant may within 1 month of receipt of the relocation notice terminate this Lease by giving the Landlord termination notice and, in this case, the Lease will terminate 3 months after the date on which the relocation notice is given and the Tenant to defer occupancy prior to June 30must:
(a) vacate the Premises on the terminating date; and
(b) if required by the Landlord, 2014. sign a surrender of lease instrument.
16.9.4 The Tenant shall be is deemed to be in Default have accepted the relocation notice if the Tenant has gives the Landlord a notice accepting it or does not both: give a termination notice under clause 16.9.3 and by virtue of such acceptance the Tenant must:
(a) relocated to sign a new lease of the New Premises alternative premises and pay any duty;
(b) delivered possession fitout the alternative premises in accordance with the requirements of the Existing Premises back to new lease.
16.9.5 The Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in must pay the Lease within seven (7) days after New LandlordTenant’s delivery reasonable costs of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.relocation.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Relocation. Landlord may, upon 90 days notice to Tenant, relocate the Premises to any other premises within the Property (“Relocated Premises”) on a date of relocation (the “Relocation Date”) specified therein. The Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same Ieasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes due to the relocation (but only the quantity existing immediately prior to the relocation) and all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall make reasonable efforts to relocate to have the New Premises option, effective as soon as is practical after Substantial Completion of the New Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within 15 Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises Landlord Workto Tenant on any date within a 30 day period prior to or after the Relocation Date, it being understood and agreed by the parties that, notwithstanding in which event the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery tender of possession of the New Premises, again subject to Relocated Premises shall become the April 30, 2014 dateRelocation Date. Tenant hereby agrees and acknowledges that prior to From the New Premises CommencementRelocation Date through the Expiration Date, the Landlord under this Lease aggregate Base Rent for the Relocated Premises shall be Landlord the same as for the original Premises. Tenant’s failure to vacate the Premises and that following said date move into the Landlord under this Lease Relocated Premises on the Relocation Date shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as constitute a lease agreement solely between Tenant and New LandlordTime Sensitive Default.
Appears in 1 contract
Samples: Office Lease (CSR PLC)
Relocation. Tenant shall make reasonable efforts Grantor reserves the right to relocate the Easement Premises, including those parts thereof referred to herein as: the Header Pipe Easement Area; the Thirty Inch Pipe Easement Area; the Existing Swale and New Culverts Easement Area; the Over flow and Spillway Easement Area; or the Southeast Properties Easement Area as follows:
A. Grantor shall first notify the Grantee of the proposed relocation by mailing notice to the New Premises as soon as is practical after Substantial Completion Grantee at his last address furnished pursuant hereto showing the proposed relocation, probable commencement and completion dates, all by mailing same, postage prepaid, at least 120 days prior to commencement of any such relocation. The notice shall also set forth in engineering terms the entire drainage purpose and proposal contemplated by the relocation including, at a minimum, computations and reasonably specific plan information sufficient to permit, or allow, an engineering analysis of the New Premises Landlord Workproposed drainage system including a comparison to the existing drainage systems.
B. The easement area shall not be moved to any location at or in any manner as a result of which the drainage benefits to Parcel II contemplated by this Agreement are unreasonably reduced, it being understood limited or obstructed in any manner. The Grantor shall at Grantor’s sole cost and agreed expense improve the new easement premises with all drainage improvements as may be determined by the parties that, notwithstanding the date of Substantial Completion mutual agreement of the New Premises Landlord WorkParties’ engineers to assure that the new easement premises shall in all events provide not less than the same drainage benefits to Parcel II as are contemplated by this Agreement.
C. At the completion of the work and acceptance of the same by Grantee, Tenant with such acceptance not to be unreasonably withheld, the Grantor and the Grantee shall have no obligation to relocate each execute and record an easement grant in substantially the same form as this Agreement granting the new easement to the New Premises Grantee in recordable form with return address shown as being to delivered to the Grantee, and shall furnish the Grantee evidence of title satisfactory to the Grantee and title insurance as described in Section 9 above, showing an unencumbered easement in Grantee, whereupon the change in location of the easement premises shall become effective, and appropriate releases of the prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date location shall be executed in recordable form and exchanged between the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30parties hereto, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordtheir successors or assigns.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Relocation. a) Landlord must provide Tenant shall make reasonable efforts to relocate to at least six (6) months’ prior written notice of any repairs, maintenance or other work (the New Premises as soon as is practical after Substantial Completion “Work”) during the Term of the New Premises Landlord Work, it being understood and agreed by Lease which would require the parties that, notwithstanding the date of Substantial Completion temporary relocation of the New Premises Antenna Facilities. Landlord agrees that the Work will not limit or interfere with Tenant’s Permitted Uses of the Premises. Landlord will reimburse Tenant for all expenses incurred by Tenant required to accommodate the Work. If necessary, in Tenant’s sole determination, Tenant may elect to install a temporary communications facility (e.g. a “cell on wheels,” or “COW”) in another mutually agreeable location on the Property that provides Tenant coverage and service levels similar to those of the Antenna Facilities at the original location, while the Work is being performed. Tenant shall have no obligation the right to relocate reinstall the Antenna Facilities immediately upon the completion of the Work. Tenant or its designee shall have the right to accompany Landlord, its agents or contractors whenever the Work is being performed on the Premises. Notwithstanding anything to the New Premises prior contrary, Landlord shall not have the right to June 30permanently relocate the Antenna Facilities except as set forth herein.
b) If Landlord desires to redevelop, 2014 if such an earlier date is not reasonably convenient for modify, remodel, or in any way alter its Property or any improvements thereon (“Redevelopment”), Landlord shall in good faith use its best efforts to fully accommodate Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion continuing use of the New Premises Landlord Work and delivers possession Premises. If both parties to this Agreement determine that the Redevelopment necessitates permanent relocation of the New Premises to Tenant Antenna Facilities, Landlord shall have the right, subject to the aforementioned right following provisions of this section, to relocate the Antenna Facilities, or any part thereof, to an alternate location on the Property (the “Relocation Premises”), provided, however, that: (i) Landlord may only relocate Tenant once during the Term; (ii) Landlord may only relocate Tenant after the Initial Term; (iii) Landlord must give Tenant not less than twelve (12) months’ written notice prior to such relocation; (iv) all costs and expenses associated with or arising out of such relocation (including, without limitation, approval and permitting costs) shall be paid by Landlord; (v) such relocation shall be performed exclusively by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.or its agents; and
Appears in 1 contract
Samples: Site Lease Agreement
Relocation. Landlord reserves the right at any time prior to the Commencement Date or during the Term upon sixty (60) days' prior written notice to relocate Tenant within the Building provided: (1) that Tenant approves the location and size of the new premises, which shall be comparable space to the Premises, and (2) Landlord pays all reasonable moving costs incurred by Tenant in connection with such move. If Landlord exercises this right, the written notice to Tenant shall make reasonable efforts to relocate to include a drawing showing the New Premises as soon as is practical after Substantial Completion size and location of the New Premises Landlord Worknew premises. If Tenant approves the new location, it being understood and agreed by the parties thatshall execute an amendment to this Lease which will specify the change in premises, notwithstanding but this Lease shall in no other respect be amended and the date rent payable hereunder shall not xxxxx except for the period actually involved in the moving of Substantial Completion Tenant. If Tenant does not send Landlord written notice of its disapproval of the New Premises Landlord Workproposed relocation within the seventy-five (75) day period, Tenant shall be conclusively presumed to have no obligation to relocate approved the same. If Tenant shall send a notice disapproving the proposed relocation during the seventy-five (75) day period, then Landlord, at its option, may (i) rescind the notice of relocation (in which event this Lease shall continue to the New Premises prior to June 30same extent as if no such notice had been sent), 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date or (ii) terminate this Lease upon seventy-five (75) days' written notice (in which event the rights of the parties shall be the date upon which New Landlord achieves Substantial Completion same as if the Lease had terminated by expiration of the New Premises Term). Landlord Work shall make its election within ten (10) days following the first seventy-five (75) day period and delivers possession of shall give Tenant written notice thereof specifying its election. In addition, if Landlord exercises its relocation rights in accordance with this Section, Base Rent due under the New Premises to Tenant subject to amended Lease for the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant new premises shall be deemed to be in Default if Tenant has not both: aabated for a period of fifteen (15) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlorddays.
Appears in 1 contract
Relocation. Landlord shall have the right at any time, except during the last twelve (12) months of the Term (as extended under this First Amendment), and after giving Tenant shall make reasonable efforts a minimum of one hundred twenty (120) days’ prior written notice, to:
a) provide and furnish Tenant with space elsewhere in the Building of approximately the same size as the Premises (as expanded hereunder) with improvements (to relocate be constructed by Landlord at Landlord’s sole cost and expense) comparable to the New improvements in the Premises (the “Substitute Premises”), and
b) relocate Tenant to such Substitute Premises at Landlord’s sole cost and expense. Landlord shall pay all reasonable costs and expenses incurred as soon as is practical after Substantial Completion a result of such relocation (including Tenant’s reasonable out-of-pocket reprinting costs for announcements, replacing Tenant’s existing stock of stationary and business cards and the New Premises costs of relocating Tenant’s furniture and telephone, computer and data cabling equipment). If Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, moves Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Substitute Premises, again subject to the April 30each and every term, 2014 date. Tenant hereby agrees covenant and acknowledges that prior to the New Premises Commencement, the Landlord under condition of this Lease shall remain in full force and effect and be deemed applicable to the Substitute Premises, as though Landlord and that following said date the Landlord under Tenant had entered into an express written amendment of this Lease with respect thereto, except that if the approximate Rentable square footage of the Substitute Premises is less than that of the Premises, the Fixed Monthly Rent and Tenant’s Share and Tenant’s Common Area Share of Operating Expense increases shall become New Landlordbe appropriately reduced. If Tenant refuses to permit Landlord to relocate Tenant as specified above, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities the right to Tenant, and that terminate this Lease shall thereafter be construed as a lease agreement solely between effective one hundred twenty (120) days from the date Landlord provided Tenant and New Landlordwith the original notification of intent to relocate.
Appears in 1 contract
Samples: Office Lease (ReachLocal Inc)
Relocation. (a) Landlord may, upon at least one hundred eighty (180) days' prior written notice to Tenant, require Tenant to relocate a portion of the office part of the Leased Premises (the "Released Premises") to other office premises (the "New Premises") in the Building in accordance with the provisions contained in this Section. The New Premises shall be substantially equivalent space as the Released Premises. Tenant's direct, reasonable moving costs and expenses paid to third parties shall be reimbursed by Landlord within thirty (30) days from Landlord's receipt of paid invoices from Tenant. The amounts payable under this Lease shall not be adjusted as a result of any such relocation. Within thirty (30) days after Landlord provides its relocation notice to Tenant hereunder, Landlord and Tenant shall make reasonable efforts execute an amendment to relocate this Lease providing for the relocation of Tenant to the New Premises as soon as is practical after Substantial Completion provided in this Section.
(b) In the event that Tenant does not vacate and surrender possession of the New Released Premises to Landlord Workin the time period specified by Landlord's relocation notice, it being understood and agreed by or cease its operations of business at the parties thatReleased Premises, notwithstanding as the case may be, on the date of Substantial Completion of and in the New Premises Landlord Workmanner required pursuant to the preceding paragraph, in addition to all other liabilities and damages to which Tenant shall be subject by reason thereof, Tenant shall indemnify Landlord and hold Landlord harmless from and against any and all claims, demands, damages, expenses, fees, costs, fines, penalties, suits, proceedings, actions, causes of action and losses of any and every kind and nature (including, without limitation, sums paid in settlement of claims and for reasonable attorneys' fees and court costs) that may be imposed upon or incurred by or asserted against Landlord arising, directly or indirectly, out of or in connection with Tenant's failure to surrender possession of, or cease its operation of business at, the Released Premises. Landlord shall also have no the right to specific performance with respect to Tenant's obligation to relocate to surrender possession of, and cease operation of its business at, the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsReleased Premises. The New Premises Commencement Date election of Landlord to insist upon specific performance in such event shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease waiver or relinquishment of any provision, covenant, agreement solely between or condition on the part of Tenant and New Landlordto be performed or of any other remedy that Landlord may be entitled to under this Lease, at law, in equity or otherwise.
Appears in 1 contract
Relocation. Tenant If the Lease is terminated, disclaimed or repudiated and if a New Lease for the Sublet Premises is entered into between the Landlord and the Subtenant, all as described in section 3.3 of this consent, the Landlord shall make reasonable efforts have the right to relocate the Sublet Premises on the terms described below:
(a) if such termination, repudiation or disclaimer occurs between January 1, 2004 and June 30, 2007, the Landlord may, at its option, relocate that part of the Sublet Premises which forms part of the Office Areas of the Leased Premises (hereinafter called the "Office Space") to office space elsewhere in the New Complex of similar size, similar base building finishes and similar base building amenities at the Subtenant's sole cost and expense. For greater certainty, it is agreed and understood that the Landlord is not required to provide leasehold improvements of a similar nature as found in the Office Space or to compensate the Subtenant for the improvements comprising the Office Space being relocated. It is further agreed and understood that the Landlord shall not have the right to require the Subtenant to relocate any area in the Sublet Premises comprising part of the Non-Office Areas of the Leased Premises being used by the Subtenant as soon a laboratory (hereinafter called the "Lab Space"); and
(b) if such termination, repudiation or disclaimer occurs on or after July 1, 2007, the Landlord may, at its option, relocate either or both the Office Space and Lab Space to space elsewhere in the Complex of similar size, base building finishes and amenities. The relocation of the Office Space shall be at the Subtenant's sole cost and expense; it being agreed and understood that the Landlord is not required to provide leasehold improvements of a similar nature as is practical after Substantial Completion those found in the Office Space or to compensate the Subtenant for the improvements comprising the Office Space being relocated. If the Landlord elects to relocate the Lab Space, the Landlord shall reimburse the Subtenant for all reasonable costs incurred by the Subtenant as a direct result of such relocation of the Lab Space, including its physical move, the rebuilding of the Leasehold Improvements in the new Lab Space to a standard comparable to those found in the Lab Space at the time of such relocation and the reconnection of existing communication lines. In no event, however, shall the Landlord be liable for or obligated to reimburse the Subtenant for any indirect costs, including without limitation, interruption or loss of business. In each case, the term of the New Premises Landlord WorkLease shall terminate with respect to the relocated Office Space or Lab Space, it being understood as the case may be, and agreed shall commence with respect to the new Office Space or new Lab Space, as the case may be, one hundred and twenty (120) days following the delivery to the Subtenant by the parties that, notwithstanding the date Landlord of Substantial Completion written notice of the New Premises Landlord Work, Tenant shall have no obligation Landlord's election to relocate the Sublet Premises pursuant to the New Premises prior to June 30terms of this section 3.4, 2014 and provided the Landlord has completed its aforesaid required work, if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30any, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of Office Space or Lab Space, as the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordcase may be.
Appears in 1 contract
Relocation. Tenant shall make reasonable (a) Notwithstanding the above, LICENSOR reserves the right, in its sole discretion, to change the Licensed Space, or any part or parts thereof, to other areas located in the Store, upon thirty days' prior written notice to LICENSEE by LICENSOR, which notice will include the date on which LICENSEE will be required to relocate and a description of the space to which LICENSEE will be relocated. Such subsequent space will have the same or substantially the same square footage and configuration within the Store as the previous Licensed Space and LICENSOR agrees to use commercially reasonably efforts to relocate provide LICENSEE with substantially equivalent space as the Licensed Space.
(b) LICENSOR will pay all out-of-pocket costs and expenses of relocating LICENSEE (including the cost of preparing such reasonably comparable Licensed Space for occupancy), provided LICENSEE furnishes to LICENSOR invoices, receipts, or other evidence reasonably satisfactory to LICENSOR relating to such out-of-pocket expenses. In the New Premises as soon as is practical event of such relocation, such alternative space will for all purposes be deemed the "Licensed Space" hereunder and this Agreement will continue in full force and effect without any change in the other terms or conditions of this Agreement and without any increase in the amount of royalties. Upon LICENSEE's receipt of said notice of relocation, LICENSEE will have the option for a period of five business days from and after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion receipt of such notice to elect to either cancel this Agreement or to cause all of its furniture, fixtures, equipment, and inventory to be moved to the New Premises Landlord Worknew Licensed Space as designated in such notice, Tenant shall have no obligation to be effected on or before the effective date of such relocation.
(c) For the purposes of this Section 23, "comparable space" means (i) as to the retail space, a segregated, lockable, and windowed space (i.e., windows into the main showroom area) and having at least the same or substantially the same square footage and configuration as the initial retail Space, including the same number of acoustically segregated sound rooms; and (ii) as to the storage space in the sub-basement, a space having access to the initial or replacement retail space (as the case may be) substantially equivalent to or better than the access from the initial storage space to the initial Licensed Space and having at least the same or substantially the same square footage as the initial storage space.
(d) If LICENSOR needs to relocate LICENSEE to other licensed space, LICENSOR must first notify LICENSEE to determine whether LICENSEE will consent to such a relocation. If LICENSEE refuses to consent to the New Premises relocation, LICENSOR will have the right not to proceed with such relocation and this Agreement will continue in force and effect. On the other hand, if LICENSOR insists on proceeding with the relocation in spite of LICENSEE's refusal to consent, LICENSEE will have an option for a period of thirty days immediately following receipt of written notice from LICENSOR that LICENSOR plans to proceed with the relocation to terminate this Agreement upon one hundred and eighty days' prior to June 30written notice, 2014 if which notice must be sent within such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordthirty day option period.
Appears in 1 contract
Relocation. Prior to the last two years of the Renewal Term (but not during the initial Term) and only once during the Renewal Term, Landlord, at its sole expense, on at least one hundred fifty (150) days’ prior written notice to Tenant (“Relocation Notice”) may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Project (“New Premises”) in order to permit Landlord to consolidate the Premises with other adjoining space leased or to be leased to another tenant in the Building. In the event of any such relocation, Landlord shall make reasonable efforts pay all the expenses of preparing and decorating the New Premises so that they will be substantially similar to relocate the Premises and shall also pay the expenses of moving Tenant’s furniture and equipment to the New Premises as soon well as is practical after Substantial Completion of any other reasonable and necessary costs arising directly from the relocation. In the event the New Premises Landlord Workis larger than the Premises, it being understood and agreed the Fixed Rent payable by the parties thatTenant shall not increase, notwithstanding the date of Substantial Completion of however, if the New Premises Landlord Workis smaller than the Premises, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date Fixed Rent shall be recalculated based on the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014new square footage. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to execute any reasonable amendment evidencing the New Premises and b) delivered possession terms of the Existing Premises back to relocation as Landlord may require in broom-clean, de-commissioned and de-contaminated condition as specified its reasonable discretion. Landlord shall advise Tenant in the Lease within seven (7) days after Relocation Notice of the proposed New Landlord’s delivery of possession Premises. If Tenant, in its sole discretion, does not approve of the New Premises, again subject for any reason, then Tenant shall have the right to terminate this Lease by sending written notice to Landlord within thirty (30) days of receipt of the Relocation Notice. Such termination shall be effective as of the date proposed by Landlord for such relocation in the Relocation Notice. In the event Landlord or an affiliate of Landlord constructs a sister building to the April 30Building, 2014 date. Landlord shall use best efforts to relocate Tenant hereby agrees and acknowledges that prior Tenant’s affiliate Xxxxx & Company to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordsister building.
Appears in 1 contract
Relocation. Landlord may, upon sixty (60) days notice to Tenant, relocate the Premises to any other premises within the Property (“Relocated Premises”) on a date of relocation (the “Relocation Date”) specified therein. The Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall make reasonable efforts be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes due to the New Premises as soon as is practical after Substantial Completion of relocation (but only the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate quantity existing immediately prior to the New relocation) and all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. From the Relocation Date through the Expiration Date, the aggregate Base Rent for the One Buckhead Plaza/Safety Quick Light LLC 19 Relocated Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of same as for the New Premises Landlord Work and delivers possession of original Premises. Tenant’s failure to vacate the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of move into the Existing Relocated Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in on the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease Relocation Date shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as constitute a lease agreement solely between Tenant and New LandlordTime Sensitive Default.
Appears in 1 contract
Relocation. Tenant Throughout the term of this Lease or any renewal or extension thereof, the Lessor shall make have the right and option, upon sixty (60) days notice to Lessee, to require the Lessee to relocate the Leased Premises to any substantially similar premises within the Building. In the event of Lessor's exercise of its option to relocate the Lessee in the manner hereinabove set forth, all reasonable efforts expenses of moving the Lessee and of decorating the new Leased Premises shall be at the expense of the Lessor. In the event that comparable Leased Premises are not available within the Building, and the Lessee shall agree to relocate to less desirable premises or to reduce the New Premises as soon as is practical after Substantial Completion size of the New Premises Landlord WorkLeased Premises, it being understood the Lessor and agreed by the parties that, notwithstanding Lessee shall agree to a reduction in the date of Substantial Completion amount of the New Base Rental and the percentage of the Total Rentable Area contained within the Leased Premises Landlord Workso as to effect an equitable adjustment in rentals commensurate with the relocated Leased Premises. Notwithstanding anything to the contrary in Section 38, Tenant above, Lessor hereby agrees that Lessor shall have no obligation not relocate Lessee more than once and that it shall not relocate Lessee except for the purposes of leasing Lessee's Leased Premises to a prospective tenant which would lease at least 25,000 square feet in the Building. Additionally, in the event that Lessor exercises its option to relocate Lessee, Lessor hereby agrees to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsgrant Lessee a one (1) month rental abatement. The New Premises Commencement Date Said one (1) month rental abatement shall be applied against the date upon which New Landlord achieves Substantial Completion initial month of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) Lessee's Base Rental for Lessee's relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Leased Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
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Relocation. Tenant shall make reasonable efforts (a) If, at any time during the Term or any renewal of the Term, the Landlord requires possession of all or any portion of the Premises located from to relocate time in One Park Centre for any purpose whatsoever, the Landlord may, on no less than three (3) months' prior Notice to the New Premises as soon as is practical after Substantial Completion Tenant (the "Relocation Notice"), require the Tenant to vacate all or any portion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be located in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition One Park Centre as specified in the Lease within seven Relocation Notice (7the "Vacated Space") days after New Landlord’s delivery of possession of on the New date specified in the Relocation Notice (the "Relocation Date") and relocate into other premises in Two Park Centre (the "Relocated Premises"). If a Relocation Notice is given, again subject this lease, insofar as it relates to the April 30Vacated Space, 2014 date. Tenant hereby agrees and acknowledges that prior shall terminate on the Relocation Date, but only if the Landlord has completed the Relocated Premises in accordance with its obligations set out in paragraph 10(b);
(b) The Relocated Premises shall be comparable in all material respects to the New Vacated Premises Commencementand shall be fully fixtured (not including the Tenant's trade fixtures) and in "turn-key" condition and available for the Tenant's occupancy on the Relocation Date, the Landlord under this Lease being fully responsible for performing all work required to make the Relocated Premises so available.
(c) The Landlord shall pay all direct costs of preparing the Relocated Premises for occupation by the Tenant (which costs shall include, without limitation, all costs in wiring the Relocated Premises for the Tenant's use) and of relocating the Tenant and all of the Tenant's property, fixtures and furniture therein. The Landlord shall not be liable for any other or consequential costs, damages or losses to or of the Tenant as a result of such relocation.
(d) To the extent that the Rentable Space of the Relocated Premises is not identical to that of the Vacated Premises, the Fixed Rent shall be Landlord and adjusted upwards or downwards, as the case may be, at the same rate per square foot per annum as was payable with respect to the Vacated Premises, but Fixed Rent may be increased only to the extent that following said date the Landlord under this Lease Rentable Space of the Relocated Premises is no more than 2% greater than the Rentable Space of the Vacated Premises (the "Allowable Increase"). If the Rentable Space of the Relocated Premises exceeds the Rentable Space of the Vacated Premises by more than the Allowable Increase, no Fixed Rent shall become New Landlord, and be payable by the Tenant for the increased area of the Relocated Premises in excess of the Allowable Increase. The parties agree that following in no circumstances shall the New Relocated Premises Commencement Date Landlord have a Rentable Space more than 10% greater or less than the Rentable Space of the Vacated Premises.
(e) The parties shall have no further obligations nor liabilities enter into such lease amending agreements as necessary to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordeffect the foregoing.
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Relocation. Tenant LESSOR may relocate TENANT’s facilities or any part thereof, to an alternate ground location on LESSOR’s property that is reasonably acceptable to TENANT, provided, however, that any relocation will: (i) be at TENANT’s sole cost and expense if such relocation request occurs only one (1) time during the term of the Agreement or any renewals thereof and is required by change of laws or regulations or re- development of the site by LESSOR; (ii) be performed exclusively by TENANT or TENANT’s contractors; (iii) not result in any interruption of the communications service provided from the TENANT’s facilities; (iv) not impair or in any manner alter the quality of communications service provided from the TENANT’s facilities; and (v) be done in strict accordance with the terms and conditions set forth herein. Upon relocation of the TENANT’s facilities, any access and utility easements provided to TENANT will be relocated as required upon mutual written agreement of the parties and at TENANT's sole expense. If relocation is required more than one (1) time and or not required due to one of the reasons provided in item (i) above, then LESSOR shall make reasonable pay fifty percent (50%) of the cost of relocation (such cost to include, without limitation, TENANT’s attorneys’ fees, title fees, survey fees, escrow fees, environmental fees, instrument recording fees). LESSOR may exercise its relocation right under this Section by delivering written notice to TENANT not less than eighteen (18) months prior to the proposed redevelopment/relocation date (the “Relocation Notice”). In the Relocation Notice, XXXXXX will propose an alternate site on LESSOR’s property, provided such alternate site is reasonably available, to which TENANT may relocate the TENANT’s facilities. TENANT will have sixty (60) days from the date it receives the Notice to evaluate XXXXXX’s proposed relocation site, during which period TENANT will have the right to conduct all tests as TENANT deems necessary or desirable to determine the feasibility of the proposed relocation site. If TENANT fails to approve of the proposed relocation site in writing within the sixty (60) day period, then TENANT will be deemed to have disapproved the proposed relocation site. If TENANT disapproves of the relocation site, then LESSOR may thereafter propose another relocation site by Notice to TENANT in the manner set forth above. Any relocation site that XXXXXX and TENANT agree upon in writing is referred to as the “Relocation Site.” TENANT and XXXXXX will execute a written agreement concerning the location and dimensions of the Relocation Site (the “Relocation Agreement”) and schedule for relocation (“Relocation Period”). Notwithstanding anything to the contrary contained herein, if TENANT advises LESSOR that TENANT reasonably believes that it will be unable to complete such relocation by the expiration of Relocation Period and TENANT prior thereto has used good faith efforts to relocate effectuate such relocation, the parties agree to extend such Relocation Period for an additional reasonably mutually agreeable time period, but in no event shall such time period exceed one hundred twenty (120) days. However, if the parties are unable to agree upon a Relocation Site within the Relocation Period, including any extension thereof, either party may terminate the Agreement in accordance with the provisions set forth in the Agreement, and any unused Rent shall be promptly refunded to TENANT. Upon relocation of the TENANT’s facilities or any part thereof, to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord WorkRelocation Site, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate all references to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be Site in the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall Agreement will be deemed to be in Default if Tenant has not both: a) relocated references to the New Premises Relocation Site. XXXXXX and bTENANT agree that the Relocation Site (including any access and utility easements) delivered possession will be surveyed by a licensed surveyor at TENANT’s sole expense. The survey will then become a part of the Existing Premises back Agreement and will control as to Landlord in broom-cleanthe description of the Site. An accurate copy of all documents describing the Relocation Site will, de-commissioned and de-contaminated condition as specified at TENANT’s sole expense, be recorded in the Lease within seven (7) days after New Landlord’s delivery of possession official records of the New Premisescounty where the Relocation Site is located. Except as expressly provided in this provision, again subject to XXXXXX and TENANT agree that in no event will the April 30relocation of the TENANT’s facilities or any part thereof, 2014 date. Tenant hereby agrees affect, alter, modify or otherwise change any of the terms and acknowledges that prior to conditions of the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordAgreement.
Appears in 1 contract
Samples: Option and Lease Agreement
Relocation. (a) M-NCPPC may require relocation of the Communications Equipment of Tenant shall make to another location on the Property, but not including the Lightpole, for a public safety reason. M-NCPPC will exercise its relocation right under this subsection, by (and only by) delivering written notice (the “Notice”) to Tenant. In the Notice, M- NCPPC will propose an alternate site on the Property to which Tenant may relocate its Communications Equipment. Tenant will have sixty (60) days from the date it receives the notice to evaluate M-NCPPC’s proposed relocation site, including, but not limited to, conducting tests to determine the technological feasibility of the proposed relocation site. If Xxxxxx fails to approve the proposed relocation site in writing within said sixty (60)-day period, Tenant will be deemed to have not approved such proposed relocation site. If Tenant does not approve such relocation site, M-NCPPC may then propose another relocation site by Notice to Tenant in the manner set forth above. Any relocation site which M-NCPPC and Tenant agree upon in writing is referred to hereinafter as the “Relocation Site”. If M-NCPPC and Tenant agree to the proposed alternate site set forth in the Notice, both parties will enter into a written agreement between the parties concerning the location and dimensions of the Relocation Site, as well as the ownership of the antenna support structure for the Communications Equipment. If Xxxxxx agrees to said relocation, M-NCPPC acknowledges that Tenant will be required to obtain all required approvals of affected governmental agencies, including, but not limited to, the FAA and local zoning authorities. If all governmental requirements, both local, State and Federal are met, Tenant will use its commercially reasonable efforts to relocate complete the relocation of the new Communications Equipment and the removal of the existing Communications Equipment within a commercially acceptable timeframe not to exceed twenty-four (24) months from execution of the written agreement (“Relocation Phase”). Notwithstanding the foregoing, if the Notice states that the relocation is necessitated by an emergency, Tenant will complete removal of the existing Communications Equipment and relocation of its new Communications Equipment to a temporary installation on the Property in a timeframe not to exceed forty-five (45) days from the receipt of approvals required to comply with local zoning and permitting ordinances, pending the final relocation of Tenant’s Communications Equipment to the New Premises as soon as is practical after Substantial Completion Relocation Site during the Relocation Phase. Tenant will have an option to extend the Relocation Phase for two (2) ninety (90)-day extensions if there are delays which are out of the New control of the Tenant.
(b) For the first relocation required by M-NCPPC, Tenant will relocate the Communications Equipment of Tenant, not including the equipment of any other sublessee or licensee using the Lightpole, at Tenant’s sole cost and expense. For any subsequent relocation required by M-NCPPC, Tenant will relocate the Communications Equipment of Tenant at M-NCPPC’s sole cost and expense. Any such relocation shall be performed exclusively by Tenant or its agents; provided, however, if M-NCPPC notifies Tenant that the relocation is required due to imminent risk of damage to life or property by calling the landowner help desk at 1-866-482-8890, and Xxxxxx fails to initiate relocation of Tenant’s Communications Equipment within twenty-four (24) hours of said notice, M-NCPPC may relocate Tenant’s Communications Equipment at the sole cost and responsibility of Tenant.
(c) Upon relocation of the Communications Equipment of Tenant, or any part thereof, to the Relocation Site, all references to the Premises Landlord Workin this Agreement will be deemed to be references to the Relocation Site. M-NCPPC and Tenant hereby agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of M-NCPPC, it being understood and such survey will then replace the previous survey and become a part hereof and will control or describe the Premises. M-NCPPC and Tenant hereby agree that in no event will the relocation of the Communications Equipment of Tenant, or any part thereof, affect, alter, modify or otherwise change any of the terms and conditions and of the current Agreement, as may be amended, unless changes are agreed to in writing by both parties. If a new lease must be entered into for the Relocation Site, M-NCPPC agrees that any and all of the terms and conditions of this Agreement, as may be amended, will be incorporated into the new lease. Upon relocation of the Communications Equipment of Tenant, the access and utility easement(s) of Tenant will be relocated as required to operate and maintain the Communications Equipment of Tenant.
(d) Any relocation pursuant to this Section shall not result in any interruption of the communications service provided by Tenant on the Property, including but not limited to Tenant’s right to maintain the rights to the existing Communications Equipment until such time as Tenant is successfully moved to the Relocation Site. Any relocation will not impair or alter the quality of operations of the Tenant’s Communications Equipment.
(e) Tenant may be allowed to place a temporary installation on the Property during a relocation of Tenant’s Communications Equipment. Tenant shall bear the full cost of the temporary installation for the first relocation required by M-NCPPC. For any subsequent relocation required by M-NCPPC, M-NCPPC shall bear the full cost of the temporary installation. Tenant’s facilities at the temporary site shall be safe, secure and shall meet all the requirements set out in this Agreement.
(f) M-NCPPC shall cooperate with Tenant in good faith, to find an acceptable new location. Should the parties thatbe unable to agree on a new location, notwithstanding the date of Substantial Completion of the New Premises Landlord WorkXxxxxx’s only remedy is to terminate this Agreement; provided, however, that Tenant shall have a commercially reasonable time, not to exceed twenty-four (24) months, to remove its Communications Equipment from the Property (the “Removal Period”), and termination of this Agreement pursuant to this Section will not become effective until the date that Tenant notifies M- NCPPC in writing that it has completed the removal of it Communications Equipment from the Property. During the Removal Period, M-NCPPC may require Tenant to relocate its Communications Equipment to a temporary installation on the Property, provided Tenant’s facilities at the temporary site shall be safe, secure and shall meet all the requirements set out in this Agreement.
(g) Notwithstanding anything to the contrary in this Section, except in emergency situations where there is imminent risk of damage to life or property, Tenant’s agreement to any requested relocation by M- NCPPC shall be expressly contingent upon the written consent to said relocation of all other users of the Lightpole. Tenant shall be under no obligation to relocate its Communications Equipment pursuant to this Section if any other user of the Lightpole does not agree to the New Premises prior requested relocation.
11. A new Section 28 is added to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion end of the New Premises Landlord Work and delivers possession of Agreement stating the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.following:
Appears in 1 contract
Samples: Lease Agreement
Relocation. Landlord, at its expense, at any one time during the Term, may one-time relocate Tenant shall make from the Premises to second (2nd) floor or higher space of reasonably comparable size, view, layout and utility ("Relocation Space") within the Building or other buildings within the Project upon at least 90 calendar days' prior written notice to Tenant. Expenses to be paid by Landlord, within thirty (30) days following delivery of an invoice by Tenant to Landlord, are Tenant's reasonable efforts to relocate and actual expenses resulting from the physical relocation of Tenant's furniture, fixtures, cabling and equipment to the New Premises as soon as is practical after Substantial Completion Relocation Space. Landlord, at its sole expense, shall provide Tenant with tenant improvements in the Relocation Space at least equal in quality to those in the Premises, which tenant improvements shall be substantially completed prior to the date Tenant has to vacate and surrender possession of the New original Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, to Landlord. Tenant shall have no obligation to relocate remove any tenant improvements, Alterations or cabling from the original Premises if Landlord relocates Tenant from the original Premises to the New Premises prior Relocation Space pursuant to June 30this Section 21. From and after the date of the relocation, 2014 "Premises" shall refer to the Relocation Space into which Tenant has been moved and the Base Rent and Tenant's Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space; provided, however, if such an earlier date is not reasonably convenient for (a) the Relocation Space contains fewer rentable square feet than the original Premises, then Tenant’s business operations. The New Premises Commencement Date Base Rent obligation and Tenant’s Pro Rata Share shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and proportionately reduced or (b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in Relocation Space contains more rentable square feet than the Lease within seven (7) days after New Landlord’s delivery of possession of the New original Premises, again subject to the April 30, 2014 date. Tenant hereby agrees then Tenant’s Base Rent obligation and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease Tenant’s Pro Rata Share shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed not increase as a lease agreement solely between Tenant and New Landlordresult of such relocation.
Appears in 1 contract
Relocation. Tenant (a) Landlord shall make reasonable efforts have the right to relocate the Premises to substantially identical space (as to tenant improvements), of at least the New Premises same size insofar as soon square footage, and at the same monthly rental as is practical after Substantial Completion set out in the Lease, within the Building upon giving Tenant one hundred twenty (120) days prior written notice of such intention to relocate Tenant, which notice shall set forth the relevant details with respect to such new space in the Building ("Substituted Premises"). Effective on the date of such relocation, this lease shall be amended via an amendment to same, to be executed by both Landlord and Tenant, by deleting the description of the New original Premises Landlord Workand substituting therefor the description of the Substituted Premises, it being understood and agreed by that all other terms and conditions of this Lease shall remain the parties that, notwithstanding same. In no event shall the term for the Substituted Premises commence prior to the date when the leasehold improvements in the Substituted Premises are substantially completed by Landlord and/or its contractors, at Landlord's sole cost and expense, on Tenant's behalf. Anything in the foregoing provisions of Substantial Completion of this Section 15.19 (a) to the New contrary notwithstanding, Landlord shall not have the right to relocate the Premises Landlord Work, if less than twelve (12) months remain in the Term (except if Tenant shall have no obligation exercised its Renewal Option pursuant to relocate Rider 1) or in the Renewal Term, as the case may be.
(b) Landlord shall pay for or otherwise reimburse Tenant for all reasonable out-of-pocket expense incurred by Tenant pursuant to the New relocation to the Substituted Premises, including, but not limited to, the following: (i) all reasonable costs and expenses, including filing fees and building permits, of reconstructing leasehold improvements in the Substituted Premises to substantially the same condition and level of improvements as existed in the Premises prior to June 30such relocation (i.e. to replicate the Premises); (ii) reasonable moving costs insofar as furniture, 2014 fixtures and equipment, filing cabinets and the contents thereof, supplies, telephone and equipment (including disconnect and connect charges), computer equipment, and all other property (including personal property) of Tenant and its employees located in the Premises (using a commercial mover reasonably approved by Tenant or if such an earlier date is not reasonably convenient Tenant elects to do the moving itself, Landlord will reimburse Tenant for Tenant’s the reasonable costs it would have incurred had a commercial mover acceptable to Landlord been hired on a competitive basis; (iii) fiber network, and other communications- and computer-related cabling and connections setup charges; (iv) space planning/interior architecture and engineering fees; (v) reasonable reprinting of stationary, brochures and all other printed materials used by Tenant in its business operations. The New Premises Commencement Date shall be (on which the date upon which New Landlord achieves Substantial Completion address of the New Premises Landlord Work and delivers possession appears) of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises same quality and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition quantity as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.on hand immediately
Appears in 1 contract
Samples: Lease Agreement (Interliant Inc)
Relocation. 16.9.1 The Landlord may during the Term relocate the Tenant shall make reasonable efforts to relocate alternative premises if:
(a) the Landlord gives the Tenant details of a genuine proposal to the New Premises as soon as is practical after Substantial Completion carry out a refurbishment, redevelopment or extension of the New Premises Landlord Work, it being understood and agreed by Building within a reasonably practicable time after the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is relocation that cannot reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers carried out practicably without vacant possession of the New Premises to Premises; and
(b) the Landlord gives the Tenant subject not less than 3 months’ notice (relocation notice) containing details of an alternative premises, and offering the Tenant a new lease of those premises on the same terms as this Lease except that:
(i) the term of the new lease will begin at the earlier of 1 month after the alternative premises are made available to the aforementioned right Tenant for fitout purposes and the day on which the Tenant begins trading from the alternative premises, and will end on the Terminating Date; and
(ii) the rent will be adjusted (if necessary) to take into account the difference in commercial values between the Premises and the alternative premises.
16.9.2 The Landlord must notify the Tenant of the rent it thinks should be payable for the alternative premises when the relocation notice is given.
16.9.3 After receipt of the relocation notice, the Tenant may within 1 month of receipt of the relocation notice terminate this Lease by giving the Landlord termination notice and, in this case, the Lease will terminate 3 months after the date on which the relocation notice is given and the Tenant to defer occupancy prior to June 30must:
(a) vacate the Premises on the terminating date; and
(b) if required by the Landlord, 2014. sign a surrender of lease instrument.
16.9.4 The Tenant shall be is deemed to be in Default have accepted the relocation notice if the Tenant has gives the Landlord a notice accepting it or does not both: give a termination notice under clause 16.9.3 and by virtue of such acceptance the Tenant must:
(a) relocated to sign a new lease of the New Premises alternative premises and pay any duty;
(b) delivered possession fitout the alternative premises in accordance with the requirements of the Existing Premises back to new lease.
16.9.5 The Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in must pay the Lease within seven (7) days after New LandlordTenant’s delivery reasonable costs of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordrelocation.
Appears in 1 contract
Samples: Lease
Relocation. Tenant Landlord shall make reasonable efforts have the right, at its option upon not less than sixty (60) days prior written notice to Tenant, to relocate Tenant and to substitute for the New Premises described above other space in the Building containing at least as soon much contiguous rentable area as the Premises described in Section 1A above. The relocation premises will be located on the same or higher floor in the Building and shall contain improvements that are at least substantially the same in quantity and quality as the Premises. If Tenant is practical after Substantial Completion already in occupancy of the New Premises Premises, then Landlord Work, it being understood and agreed by shall approve in advance the parties that, notwithstanding the date relocation expenses for purposes of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient reimbursement for Tenant’s reasonable’ moving, build out, electrical services and telephone relocation expenses (including building a server room and associated cabling), so as to create in the new space in a substantially similar space build out and operation as exists in the Premises and for reasonable quantities of new stationery and business operationscards upon submission to Landlord of receipts for such expenditures incurred by Tenant. The New relocation premises will then become the Premises Commencement Date shall hereunder and the Rent and other sums payable hereunder will be adjusted, if necessary, to reflect any increase or decrease in the square footage of the Premises, provided, however, that if the relocation occurs during the initial Term then Rent will not be increased and further provided that if the relocation occurs during the first renewal term, then Rent will not be increased unless the increase in square footage results in additional built-out offices (as opposed to common areas such as reception areas or corridors) and is utilized by Tenant. Notwithstanding the foregoing, if Tenant is unwilling to accept any relocation premises proposed by Landlord, Tenant may terminate this Lease upon written notice to Landlord delivered within ten days following the date upon which New Landlord achieves Substantial Completion Tenant receives Landlord’s notice as set forth above. In the event of such termination, Tenant will vacate the New Premises Landlord Work and delivers possession within sixty (60) days following the date written notice of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) termination is delivered possession of the Existing Premises back to Landlord and, in broom-cleansuch event, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall will be Landlord and that following said terminated on the date the Landlord under this Lease shall become New Landlord, Premises are vacated and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities possession thereof is returned to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
Appears in 1 contract
Samples: Lease Agreement (XOOM Corp)
Relocation. Prior to Tenant taking occupancy, Landlord, at its option, reserves the right to relocate the Tenant into another space of similar square footage in the Shopping Center. Tenant shall make reasonable efforts be advised of said relocation on or before sixty (60) days prior to relocate substantial completion of the Landlord’s Work. In the event that Tenant shall not agree to the New Premises relocation as soon as is practical provided herein, Tenant may cancel this Lease upon written notice to Landlord within fifteen (15) days after Substantial Completion Tenant receives notice of the New Premises such relocation. Upon cancellation, Landlord Work, it being understood and agreed by the parties that, notwithstanding the date shall not be liable to Tenant for any damages of Substantial Completion of the New Premises Landlord Work, any kind whatsoever. Tenant shall have no obligation recourse against Landlord for the utilization of this Section. Subsequent to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers Tenant taking possession of the New Premises Premises, Landlord shall, at its option, have the right to relocate the Tenant subject to another space of similar square footage in the Shopping Center. Landlord must provide Tenant with no less than thirty (30) days written notice. Landlord shall pay the reasonable costs of moving Tenant to the aforementioned new premises and for improving the new premises so that they are substantially similar to the Premises. Such move shall be made in the evening or on the weekend to minimize the inconvenience to Tenant. If Landlord exercises its right by to relocate Tenant to defer occupancy prior to June 30under this Section, 2014. Tenant the new premises shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease after Tenant takes occupancy of the new premises. In the event that Tenant shall be not agree to the relocation as called for in the preceding Section, Landlord and that following said date the Landlord under may cancel this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities upon fifteen (15) days written notice to Tenant. Tenant, and that this Lease upon receipt of notice, shall thereafter be construed as a lease agreement solely between vacate the Premises no later than the last day of the month in which Tenant and New Landlordreceives said notice.
Appears in 1 contract
Samples: Lease Agreement
Relocation. Tenant The Executive shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion Company’s corporate headquarters in the Atlanta, Georgia metropolitan area within thirty-six (36) months of the New Premises Landlord Workbeginning of the Initial Term. The Company shall provide a relocation package to the Executive, it being understood which shall include the following components:
(i) The Company shall pay or reimburse the Executive for the reasonable moving and agreed relocation expenses and costs associated with such relocation, in accordance with Company policy, not to exceed $100,000 in total.
(ii) In addition to the foregoing, the Company shall pay or reimburse the Executive on a monthly basis for the Executive’s temporary monthly housing expenses incurred in the greater Atlanta, Georgia metropolitan area during the period from the Effective Date through the earlier of (a) twenty-four (24) months following the Effective Date or (b) the date that the Executive moves into a new permanent residence following Executive’s relocation to the Atlanta metropolitan area, in an amount not to exceed $10,000 per month.
(iii) The Company shall also reimburse the Executive for the reasonable closing costs (including brokerage commissions) incurred in the sale of the Executive’s current home.
(iv) The Company shall reimburse the Executive for the Executive’s loss in home value incurred upon either the sale of the Executive’s current home, or the Company’s purchase of the Executive’s home. The following procedures shall be followed in determining the Executive’s loss in home value:
(1) The Executive’s home shall initially be appraised as follows. The Executive shall choose three (3) appraisers from a standard list of approved appraisers as provided by IP’s third-party relocation company. The Company shall order appraisals of the Executive’s home from two (2) of these appraisers as chosen by the parties thatCompany, notwithstanding and the date results of Substantial Completion such appraisals shall be averaged; provided, however, that if the difference between the two appraisals is greater than five percent (5%), a third appraisal shall be ordered by the Company, and the results of the New Premises Landlord Workclosest two appraisals shall be averaged; provided, Tenant however that if the two closest such appraisals are not within five percent (5%), all three of such appraisals shall have be averaged. This final average constitutes the “buyout offer”.
(2) Following the determination of the buyout offer, the Executive shall in good-faith attempt to sell the Executive’s home for a period of at least sixty (60) days for an amount no obligation to relocate to less than the New Premises prior to June 30“buyout offer.” If the home does not sell within such time period, 2014 the Company will purchase the home for the “buyout offer.”
(3) In the event that the Executive’s home is sold for a loss, the Company shall reimburse the Executive for the loss in home value, as follows:
i. The loss in home value reimbursement amount, if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date any, shall be the date upon difference between the amount at which New Landlord achieves Substantial Completion the home was sold (and if sold to the Company, the “buyout offer”) and the Executive’s original purchase price plus certain capital improvements, as determined pursuant to the Internal Revenue Service guidelines defining what are considered capital improvements. The original HUD-1 Settlement Statement and original receipts for any capital improvement work shall be required to substantiate the Executive’s cost basis of the New Premises Landlord Work home in order to determine the loss on sale reimbursement amount.
ii. The total loss in home value reimbursement amount that will be paid pursuant to this Section 6(e)(iv) will not exceed the lesser of (i) $500,000 and delivers possession (ii) the actual loss on the sale of the New Premises to Tenant Executive’s residence. In addition, such payment shall be “grossed-up” for tax purposes.
(v) All amounts payable under this Section 6(e) shall be reimbursed subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated Executive’s presentment to the New Premises and b) delivered possession Company of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordappropriate documentation related thereto.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts to SRP may relocate to the New Premises as soon as is practical after Substantial Completion all or any portion of the New Premises Landlord WorkFiber: (i) if a third party with legal authority to do so orders such relocation or exercises its power of eminent domain (e.g., it being understood and agreed through filing or threatening to file a condemnation suit), or (ii) in order to comply with applicable laws, or (iii) if SRP determines that relocation is necessary or desirable for the operation of its business. Any relocation or portion thereof made pursuant to clause (ii), which is necessary to comply with laws that were in effect at the time of Fiber Acceptance, or any relocation or portion thereof made pursuant to clause (iii), shall be considered a “Voluntary Relocation”. In the case of a Voluntary Relocation, SRP will reimburse Licensee for any reasonable direct costs incurred by Licensee as a result of the parties relocation, provided that, notwithstanding upon request by SRP, Licensee shall provide supporting documentation of such costs. SRP shall have the date right to direct such relocation or Voluntary Relocation, including, but not limited to, the right to determine the extent of, the timing of, and methods to be used for such relocation provided that any such relocation: (a) shall be constructed in accordance with the specifications and requirements set forth in this Agreement; and (b) shall not unreasonably interrupt service or use of Substantial Completion Licensee’s Fiber. SRP shall deliver to Licensee updated route and access point maps and ring diagrams with respect to a relocated portion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to Fiber not later than one hundred eighty (180) days following the New Premises prior to June 30, 2014 if completion of such an earlier date is not reasonably convenient for Tenant’s business operationsrelocation. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion Voluntary Relocation of the New Premises Landlord Work Licensed Fiber will be at SRP’s sole expense and delivers possession SRP will give Licensee at least one hundred eighty (180) days prior written notice of any such Voluntary Relocation. For relocations other than Voluntary Relocations, SRP will give Licensee at least one hundred eighty (180) days (or such lesser period of notice that SRP may have received) prior written notice of any such relocation and such notice shall include an estimate of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed costs which are likely to be incurred in Default if Tenant has not both: a) relocated to connection with such relocation. Licensee will have the New Premises and b) delivered possession of the Existing Premises back to Landlord option, exercisable in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease writing within seven fifteen (715) days after New Landlordreceipt of written notice of such relocation from SRP, to participate in the relocation with respect to the affected Segment. In the event that Licensee chooses not to participate in the relocation, then Licensee will be permitted (at Licensee’s delivery of possession cost) to connect into the remaining Segments at mutually agreeable Splice Points. If Licensee chooses to participate in the relocation, Licensee shall reimburse SRP (to the extent SRP has not been reimbursed by third Parties requiring said relocation) for a Pro Rata Share of the New Premisescosts incurred by SRP for relocating the Fiber and any amounts that SRP is contractually required to pay any third party Facility Owner (provided such third party costs were identified in SRP’s cost estimate), again subject to the April 30provided that, 2014 date. Tenant hereby agrees upon request by Licensee, SRP shall provide supporting documentation of all such costs and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordamounts.
Appears in 1 contract
Samples: Master Fiber License Agreement (Eschelon Telecom Inc)
Relocation. a) Landlord must provide Tenant shall make reasonable efforts to relocate to at least three (3) months written notice of any repairs, maintenance or other work (the New Premises as soon as is practical after Substantial Completion “Work”) during the Term of the New Premises Landlord Work, it being understood and agreed by Lease which would require the parties that, notwithstanding the date of Substantial Completion temporary relocation of the New Premises Antenna Facilities. Landlord agrees that the Work will not limit or interfere with Tenant’s Permitted Uses of the Premises. Landlord will reimburse Tenant for all expenses incurred by Tenant required to accommodate the Work. If necessary, in Tenant’s sole determination, Tenant may elect to install a temporary communications facility (e.g. a “cell on wheels,” or “COW”) in another mutually agreeable location on the Property that provides Tenant coverage and service levels similar to those of the Antenna Facilities at the original location, while the Work is being performed. Tenant shall have no obligation the right to relocate reinstall its Antenna Facilities immediately upon the completion of the Work. Tenant or its designee shall have the right to accompany Landlord, its agents or contractors whenever the Work is being performed on the Premises. Notwithstanding anything to the New Premises prior contrary, Landlord shall not have the right to June 30permanently relocate the Antenna Facilities except as set forth herein.
b) If Landlord desires to redevelop, 2014 if such an earlier date is not reasonably convenient for modify, remodel, or in any way alter its Property or any improvements thereon (“Redevelopment”), Landlord shall in good faith use its best efforts to fully accommodate Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion continuing use of the New Premises Landlord Work and delivers possession Premises. If both parties to this Lease determine that the Redevelopment necessitates permanent relocation of the New Premises to Tenant Antenna Facilities, Landlord shall have the right, subject to the aforementioned right by Tenant following provisions of this section, to defer occupancy prior relocate the Antenna Facilities, or any part thereof, to June 30an alternate location on the Property (the “Relocation Premises”), 2014. Tenant shall be deemed to be in Default if Tenant has not bothprovided, however, that: a(i) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.may only
Appears in 1 contract
Samples: Site Lease Agreement
Relocation. The Landlord will have the right to require the Tenant to vacate the Premises and to surrender the leasehold interest hereby created so far as it relates to the Premises with effect as at any date during the Term on the following terms and conditions:
(a) the Landlord may exercise its right under this Article by giving the Tenant no less than ninety (90) days' written notice (the "Relocation Notice") of the date (referred to in this Article as the "Effective Date") on which the Tenant will be required to vacate the Premises and providing particulars of the other matters required to be dealt with in accordance with the following provisions of this Article;
(b) the Landlord will provide the Tenant with alternate premises in the Building (which alternate premises are herein called the "New Premises");
(c) the utility of the New Premises, including the improvements therein, shall make reasonable efforts be either substantially the same in area and layout (but need not have the same orientation) as the Premises or for a larger usable area than the Premises at no additional cost to relocate the Tenant; and if the New Premises are not in that condition when the Relocation Notice is given, then the New Premises will be brought into that condition by the Landlord on or before the Effective Date at the sole cost and expense of the Landlord; Notwithstanding the generality of the foregoing, unless the Landlord obtains the prior written consent of the Tenant, the floor of the Building that the New Premises is located on shall be on at least the same floor of the Building as the Premises. In no case shall the New Premises be lower than floor 7;
(d) unless the Landlord obtains the prior written consent of the Tenant, the New Premises shall not be materially smaller than the Premises hereby demised, and if such consent of the Tenant is obtained, then the Annual Base Rent hereof shall be reduced in proportion to the reduction in the Rentable Area of the New Premises;
(e) the Tenant will execute an indenture supplemental to this Lease by which
(i) the Tenant will surrender its leasehold interest in the Premises with effect as at the Effective Date;
(ii) the Landlord will accept that surrender;
(iii) such surrender shall be without prejudice to the rights and remedies of the Landlord and the Tenant accruing on or before the Effective Date and without waiver of any default then existing under the Lease or of the rights and remedies of the Landlord with respect to any default existing on the Effective Date; and by which all such rights, remedies and defaults shall continue after the Effective Date as if the New Premises had been the premises demised by this Lease when any default occurred under this Lease and throughout the Term hereby granted; and
(iv) the provisions of this Lease, save as otherwise herein expressly provided, shall apply with respect to the New Premises as soon fully and effectively from and after the Effective Date as is practical after Substantial Completion of if the New Premises had been the premises hereby demised;
(f) the supplemental indenture shall be in such form as the Landlord Work, it being understood may reasonably require and agreed shall be executed by the Tenant and delivered to the Landlord prior to the Effective Date and shall thereupon promptly be executed and delivered to the Landlord;
(g) if the parties that, notwithstanding the date of Substantial Completion hereto shall agree that any of the New particulars provided for in the Relocation Notice shall be amended or supplemented in any way during the period between the giving of the Relocation Notice and the Effective Date, the Relocation Notice shall remain effective and there shall be no change in the Effective Date unless the parties shall specifically agree in writing to a change in the Effective Date;
(h) the Landlord will pay to the Tenant by way of reimbursement to the Tenant all reasonable costs actually incurred by the Tenant as a result of the relocation arising under this Article 25 including without limitation costs incurred in changing the Tenant's stationery and business cards and other like expenses but excluding any lost revenue or other intangible costs; and other like expenses, and the Landlord will change the Building Directory; and
(i) the moving of the Tenant from the Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30shall take place on a weekend, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date practicable, and shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition accomplished as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed quickly as a lease agreement solely between Tenant and New Landlordis reasonably practicable.
Appears in 1 contract
Relocation. Tenant The Landlord shall make reasonable efforts have the right upon one hundred twenty (120) sixty (60) days’ prior written notice (the “Notice of Relocation”) to relocate the Tenant to other premises in the Building or the Development as hereinafter defined (the “Relocated Premises”) and the Tenant hereby agrees to cooperate and participate in regard to such relocation pursuant to the New Premises as soon as is practical following provisions:
(a) the Relocated Premises, which means after Substantial Completion relocation, the Premises, shall contain a rentable area of not more than 105% and not less than 95% of the New Rentable Area of the Premises;
(b) the Landlord shall provide at its expense, leasehold improvements in the Relocated Premises equal to a similar standard of the leasehold improvements existing in the Premises at the time of the Notice of Relocation;
(c) the Landlord Workshall pay for the reasonable moving cost, it being understood for the Tenant’s trade fixtures and agreed by furnishings from the parties thatPremises to the Relocated Premises;
(d) as compensation for all other costs, expenses and damages which the Tenant may suffer or incur in connection with the relocation, Base Rent and Occupancy Costs for the Relocated Premises shall xxxxx for the first one (1) month of occupancy;
(e) if the Rentable Area of the Relocated Premises is less than the Rentable Area of the Premises, Base Rent and Occupancy Costs for the Relocated Premises shall be decreased proportionately;
(f) Base Rent and Occupancy Costs for the Relocated Premises shall be no greater than the Base Rent and the Occupancy Costs for the Premises, notwithstanding the date of Substantial Completion Relocated Premises may contain a greater rentable area than the Rentable Area of the New Premises Landlord Work, Tenant Premises; and
(g) all terms and conditions of the Lease shall have no obligation to relocate apply to the New Relocated Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsexcept as set out in this clause. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion Landlord’s exercise of its rights under this Section does not constitute a re-entry or breach of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery covenant for quiet enjoyment. For the purpose of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencementthis Section 9.8, the Landlord under this Lease “Development” shall be Landlord include the Lands and that following said date the Landlord under this Lease shall become New Landlord, Building and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, any adjacent lands and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordbuildings which collectively form part of an integrated development comprising more than one legal lot and/or more than one building.
Appears in 1 contract
Samples: Lease Agreement (Dirtt Environmental Solutions LTD)
Relocation. Landlord may, upon 60 days notice to Tenant, relocate the Premises to any other premises within the Property (“Relocated Premises”) on a date of relocation (the “Relocation Date”) specified therein. The Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes due to the relocation (but only the quantity existing immediately prior to the relocation) and all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall make reasonable efforts to relocate to have the New Premises option, effective as soon as is practical after Substantial Completion of the New Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within 10 Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises Landlord Workto Tenant on any date within a 30 day period prior to or after the Relocation Date, it being understood and agreed by the parties that, notwithstanding in which event the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery tender of possession of the New Premises, again subject to Relocated Premises shall become the April 30, 2014 dateRelocation Date. Tenant hereby agrees and acknowledges that prior to From the New Premises CommencementRelocation Date through the Expiration Date, the Landlord under this Lease aggregate Base Rent for the Relocated Premises shall be Landlord the same as for the original Premises. Tenant’s failure to vacate the Premises and that following said date move into the Landlord under this Lease Relocated Premises on the Relocation Date shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as constitute a lease agreement solely between Tenant and New LandlordTime Sensitive Default.
Appears in 1 contract
Samples: Office Lease (Power Efficiency Corp)
Relocation. Tenant shall make reasonable efforts If Landlord so requests, upon not less than ninety (90) days written notice to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord WorkTenant, Tenant shall have no obligation vacate the Premises and relinquish its rights with respect to the same provided that Landlord shall provide to Tenant substitute space in the Building, such space to be reasonably comparable in size (i.e., not less than ninety-five percent (95%) of the square footage of the Premises), layout, finish and utility to the Premises, and further provided that Landlord shall, at its sole cost and expense, move and set-up Tenant and its telephone and data cabling, wiring, equipment, furniture and other removable personal property from the Premises to such new space in such manner as will minimize, to the greatest extent practicable, undue interference with the business or operations of Tenant including, without limitation, performing such move over a weekend. If Landlord elects to relocate the Premises (or such portion) pursuant to this paragraph, Landlord shall also reimburse Tenant for the New Premises prior to June 30documented, 2014 if reasonable third-party costs necessarily incurred by Tenant by reason of such an earlier date is not reasonably convenient for relocation, such as, by way of illustration only, replacing existing stocks of Tenant’s business operationsstationery to reflect the new location of the Premises and disconnecting, re-connecting and testing Tenant’s security and other systems. The New Any such substitute space shall, from and after the date such space is so provided, be treated as the Premises Commencement Date demised under this Lease, and shall be occupied by Tenant under the same terms, provisions and conditions as are set forth in this Lease provided, however, that the Annual Fixed Rent and Tenant’s Percentage shall not be increased due to any such relocation, notwithstanding any increase in the rentable square footage of the Premises and further provided that if the rentable area of the substitute space is less than 97% of the rentable square footage of the Premises, then the Annual Fixed Rent and Tenant’s Percentage will be reduced on a per rentable square foot basis commencing on the date upon which New Landlord achieves Substantial Completion Tenant takes occupancy of the New Premises substitute space. Landlord Work and delivers possession of agrees that it shall not exercise its right to relocate Tenant pursuant to this paragraph during Year 1 or more than once during the New Premises Original Term. Any request by Landlord pursuant to this paragraph shall be made by notice to Tenant subject to (the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. “Relocation Notice”) which shall identify the proposed substitute space and the approximate date on which Tenant shall be deemed required to be in Default relocate. Tenant may elect to terminate the Term of this Lease if Tenant has not both: aLandlord proposes to relocate the Premises during the last two (2) relocated to the New Premises and b) delivered possession years of the Existing Premises back to Term by giving Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven written notice of such election not later than twenty (720) days after New the giving of Landlord’s delivery of possession Relocation Notice, time being of the New Premisesessence. Any such termination by Tenant shall be effective on the relocation date stated in the Relocation Notice unless Landlord elects to withdraw and cancel the Relocation Notice, again subject to which Landlord may do at any time within thirty (30) days after the April 30giving of Tenant’s notice, 2014 date. Tenant hereby agrees in which case the Relocation Notice shall be null and acknowledges that prior to the New Premises Commencement, the Landlord under void and this Lease shall be Landlord continue in full force and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordeffect.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts to relocate Subject to the New Premises as soon as is practical requirements established in this Agreement for notification and coordination, if, in VCTC’s sole determination, the location of the Storm Drain Easement or configuration of any of the Drainage Structures interfere or inhibit any of VCTC’s operations, Developer shall within ninety (90) days after Substantial Completion prior written notice from VCTC and the grant of the New Premises Landlord WorkEasement or such additional time as is commercially reasonable for such relocation (the “Relocation Period”) relocate such Drainage Structures to a different location approved by VCTC at Developer’s sole cost and expense. Upon VCTC’s determination that such relocation is necessary, it being understood VCTC shall grant to Developer a new non-exclusive easement to install and agreed maintain the relocated Drainage Structures on the same terms and conditions as the Storm Drain Easement provided for by the parties that, notwithstanding the date of Substantial Completion this Agreement (“New Easement”). VCTC and Developer agree that upon completion of the New Premises Landlord Worknew storm drain facilities, Tenant and approval of such relocated facilities by VCTC and appropriate regulatory agencies, Developer and VCTC shall have no obligation terminate the previous Storm Drain Easement and such Storm Drain Easement shall be quitclaimed from Developer to VCTC without expense to VCTC, and any and all interest in VCTC’s property conveyed to Developer in the previous Storm Drain Easement shall automatically revert to VCTC or its assigns and successors, without the necessity of any further action to effect such reversion. Notwithstanding the foregoing, VCTC shall only require relocation of the Storm Drain Easement or reconfiguration of any of the Drainage Structures in connection with work carried out in furtherance of a project necessary to fulfill the mission of the VCTC as that mission is set forth in the Ventura-Santa Clarita Rail Corridor Study adopted in 1993; Santa Xxxxx Xxxxxx Line Master Plan adopted in 1996; Ventura Rail Right-of-Way Restoration Study adopted in 1998; Santa Xxxxx Xxxxxx Line Management and Capital Needs Assessment adopted in 1999; Santa Xxxxx Xxxxxx Line Master Plan Environmental Impact Report adopted in 2000; Santa Xxxxx Xxxxxx Line Recreational Trail Master Plan adopted in 2000; Santa Xxxxx Xxxxxx Line Rail Corridor Study adopted in 2006; and Fillmore and Western Railroad Regional Hydrology and Hydrologic Study adopted in 2012; or any amendments thereto as adopted by VCTC. In the event that Developer fails to relocate to the New Premises prior to June 30Drainage Structures within a reasonable amount of time after notice from VCTC, 2014 if VCTC may relocate the Drainage Structures and the cost and expense of such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date relocation shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right payable by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordDeveloper.
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Relocation. Landlord, at its expense, at any time before or during the Term, may relocate Tenant shall make reasonable efforts from the Premises to relocate space of reasonably comparable size and utility (“Relocation Space”) within the Building or adjacent buildings within the same project upon 60 days’ prior written notice to Tenant. So long as Tenant is leasing Suites 220 and 240 consisting of approximately 1,546 and 4,407 rentable square feet respectively in the Building from Landlord, Landlord and Tenant understand and agree that to be a “reasonably comparable space” for purposes of this Section XXIV, the Relocation Space must be reasonably comparable (when viewed in combination with other space leased by Tenant from Landlord) to the New Premises as soon as is practical after Substantial Completion combined space consisting of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding Sxxxx 000 xxx Xxxxx 000. From and after the date of Substantial Completion the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the New Premises Relocation Space. Landlord Workshall pay Tenant’s reasonable costs of relocation, Tenant including all costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery (and other reasonable, “address-change sensitive” written materials) showing the new address. Unless otherwise agreed to in writing by Tenant, Landlord shall have no obligation to relocate to effect the New Premises prior to June 30relocation move into the Relocation Space after 5:00 p.m. on a Friday, 2014 if such an earlier date is not reasonably convenient for during a weekend or on any Building Holiday (the “Approved Relocation Times”) so that Tenant’s business operationsis not interrupted during the relocation. The New Premises Commencement Date Notwithstanding the foregoing, if Landlord fails to substantially complete the relocation during the Approved Relocation Times and, as a result thereof, Tenant cannot open in the Relocation Space on the Business Day immediately following the relocation during the Approved Relocation Times, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent for each Business Day the date upon which New Landlord achieves Substantial Completion relocation prohibits the Tenant from operating its business. Tenant, however, shall not be entitled to an abatement to the extent Tenant is prohibited from operating its business during such Business Day as a result of the New Premises Landlord Work and delivers possession acts or omissions of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordits agents, employees or contractors.
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Relocation. The Landlord shall have the right, in its sole discretion, from time to time, on not less than 60 days’ written notice to the Tenant, to relocate the Premises to other premises within the Project having approximately the same area as the Premises. The Landlord shall be entitled to designate the location of the new premises and the date by which the Tenant must relocate to the new premises, and such location and date shall be specified in the written notice. As of the date so specified, the Tenant’s right to use and occupy the Premises will terminate, whether or not the Tenant has moved, unless the Landlord has in its sole discretion by another notice in writing extended such date. The Tenant shall make on the date set out in the notice from the Landlord relocate to the other premises and vacate the Premises, and the provisions of Section 9.3 shall apply in respect of the Premises on such date. If the Landlord relocates the Premises prior to occupancy of the Premises by the Tenant, it shall reimburse the Tenant for all expenses already incurred by the Tenant in preparing to move into the Premises to the extent that such expenditure is for items or materials not usable in the alternate premises. If the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Landlord shall provide the relocated premises improved to a standard and using materials of approximately the same quality as the Leasehold Improvements which exist in the existing Premises at the time of relocation and will reimburse the Tenant (upon receipt of copies of receipted third party invoices) for direct costs associated with the relocation, including, without limitation, moving costs, reprinting of a limited supply of stationery and supplies and disconnection and reconnection of telephone and computer equipment and systems. In no case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of profits and the Tenant will minimize costs by re-using all fixtures and trade fixtures from the Premises where it is feasible to do so. The Landlord agrees to use reasonable efforts to relocate effect the relocation with a minimum of disruption to the New Premises as soon as is practical after Substantial Completion Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the Landlord's standard form to confirm the terms of the New Premises Landlord Workrelocation including, it being understood and agreed by without limitation, any adjustment to the parties that, notwithstanding Basic Rent if the date of Substantial Completion Rentable Area of the New Premises Landlord Work, Tenant shall have no obligation to relocate to relocated premises is different than the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion Rentable Area of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New existing Premises and b) delivered possession to confirm that all other terms and conditions of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date apply with respect to the relocated premises for the remainder of the Term. In the event the Landlord under this Lease shall become New Landlordexercises its rights hereunder, then the Tenant will not be obligated to pay any amounts on account of Basic Rent, Operating Costs and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordProperty Taxes for three (3) calendar months.
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Relocation. The Landlord shall have the right, in its sole discretion, from time to time, on not less than 60 days’ written notice to the Tenant, to relocate the Premises to other premises within the Project having approximately the same area as the Premises. The Landlord shall be entitled to designate the location of the new premises and the date by which the Tenant must relocate to the new premises, and such location and date shall be specified in the written notice. As of the date so specified, the Tenant’s right to use and occupy the Premises will terminate, whether or not the Tenant has moved, unless the Landlord has in its sole discretion by another notice in writing extended such date. The Tenant shall make on the date set out in the notice from the Landlord relocate to the other premises and vacate the Premises, and the provisions of Section 9.3 shall apply in respect of the Premises on such date. If the Landlord relocates the Premises prior to occupancy of the Premises by the Tenant, it shall reimburse the Tenant for all expenses already incurred by the Tenant in preparing to move into the Premises to the extent that such expenditure is for items or materials not usable in the alternate premises. If the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Landlord shall provide the relocated premises improved to a standard and using materials of approximately the same quality as the Leasehold Improvements which exist in the existing Premises at the time of relocation and will reimburse the Tenant (upon receipt of copies of receipted third party invoices) for direct costs associated with the relocation, including, without limitation, moving costs, reprinting of a limited supply of stationery and supplies and disconnection and reconnection of telephone and computer equipment and systems. In no case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of profits and the Tenant will minimize costs by re-using all fixtures and trade fixtures from the Premises where it is feasible to do so. The Landlord agrees to use reasonable efforts to relocate effect the relocation with a minimum of disruption to the New Premises as soon as is practical after Substantial Completion Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the Landlord's standard form to confirm the terms of the New Premises Landlord Workrelocation including, it being understood and agreed by without limitation, any adjustment to the parties that, notwithstanding Basic Rent if the date of Substantial Completion Rentable Area of the New Premises Landlord Work, Tenant shall have no obligation to relocate to relocated premises is different than the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion Rentable Area of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New existing Premises and b) delivered possession to confirm that all other terms and conditions of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date apply with respect to the Landlord under this Lease shall become New Landlord, and that following relocated premises for the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordremainder of the Term.
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Relocation. Tenant In addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the term (and any number of times during the term), by written notice to Tenant, elect, subject to Tenant's approval (which approval shall make reasonable efforts not be unreasonably withheld or delayed), to relocate any portions of the Premises to new premises on the Property. The foregoing relocation right shall not apply to certain portions of the Premises described as follows: Building GG and Expansion Area. Tenant may not refuse to consent in writing to any such relocation proposed by Landlord if the proposed relocated premises (i) shall be reasonably comparable in size; (ii) shall be comparable in physical characteristics relating to use (i.e., laboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the specific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (v) shall not separate concentrations of space within the Premises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. Tenant agrees that at the time Landlord makes an election to relocate the Premises and seeks Tenant's approval, Landlord may contemplate performing certain finish work or alterations to the New Premises as soon as is practical after Substantial Completion of proposed relocation space and in determining whether the New Premises Landlord Work, it being understood and agreed by proposed relocation space satisfies the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workforegoing criteria, Tenant shall have no obligation review plans for such finish work and alterations and may not refuse approval if the proposed relocation space, as it is to relocate be altered or finished, would satisfy the criteria; provided that such alterations shall be made to the New proposed relocation space before Tenant is required to move. Landlord shall pay the costs of any alterations or finish to the relocation space and all other reasonable, third party costs incurred by Tenant in moving to the relocation space. Landlord and Tenant shall cooperate to cause the relocation to be accomplished in a way which minimizes cost and disruption to the parties' operations on the Property. Tenant shall complete the relocation and vacate and surrender the relocated portion of the Premises prior to June 30, 2014 if such an earlier date in accordance herewith within a reasonable period of time (as determined hereinbelow) after notice from Landlord that the relocation space is not reasonably convenient ready for Tenant’s business operations's use and occupancy. The New Premises Commencement Date Within thirty (30) days after Landlord delivers written notice to Tenant of a required relocation, Tenant shall be the date upon which New notify Landlord achieves Substantial Completion in writing of the New Premises Landlord Work amount of time Tenant believes is reasonable to accomplish the relocation after the relocated space is ready for Tenant's use and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014occupancy. Tenant Such time period shall be deemed to be in Default if the reasonable period of time referred to hereinabove to accomplish the relocation unless Landlord disputes the time period selected by Tenant. After the relocation has been accomplished, the Premises shall no longer include the relocated space but shall include the new relocation space. Either Landlord and/or Tenant has not both: a) relocated may elect under section 1.1, to measure the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New ----------- reconfigured Premises, again subject at Landlord's expense, at such time to recalculate Base Rent and Tenant's Percentage Share. Landlord and Tenant shall execute a written amendment to this Lease adjusting the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to Exhibits hereto which describe the New Premises CommencementPremises, the Landlord under this Lease shall be Landlord calculation of rent, Tenant's Percentage Share and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed providing for such other adjustment as a lease agreement solely between Tenant and New Landlordreasonably necessary.
Appears in 1 contract
Samples: Campus Lease (Monsanto Co /New/)
Relocation. Landlord shall notify Tenant shall make reasonable efforts in writing at least fifteen (15) days prior to the completion of the Landlord’s Work as to the approximate date Landlord anticipates completion of the Landlord’s Work. The “Relocation Date” means that date which is three (3) days after the date Landlord gives Tenant written notice (“Relocation Notice”) that the Sixth Floor Premises is ready for occupancy and Tenant should relocate to the New Premises as Sixth Floor Premises. As soon as is practical after Substantial Completion of possible after, but not later than fifteen (15) days after, the New Premises Landlord WorkRelocation Date, it being understood at Tenant’s sole cost and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workexpense, Tenant shall have no obligation fully vacated the Existing Premises and removed all its personal property and effects therefrom and relocated into the Sixth Floor Premises, and Tenant should have left the Existing Premises in the condition required under the Lease at termination of the Lease (and the date Tenant does so is hereinunder referred to relocate as the “Vacation Date”). Commencing from and after the Commencement Date for the Sixth Floor Premises and until the Vacation Date, the “Premises” under the Lease shall mean and refer to both the “Sixth Floor Premises” and the “Existing Premises.” Until the Commencement Date for the Sixth Floor Premises, however, Tenant shall continue paying all Rent required to be paid under the Lease with respect to the New Existing Premises prior and shall not be required to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject pay Rent with respect to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014Sixth Floor Premises. Tenant shall be deemed to be in Default if If Tenant has not both: a) relocated to the New Premises and b) delivered possession of vacated the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in by the Lease within seven date fifteen (715) days after New the Relocation Date, then until the Vacation Date, Tenant shall continue paying Rent with respect to the Existing Premises and shall pay Rent with respect to the Sixth Floor Premises until Tenant has fully vacated the Existing Premises and removed all its personal property and effects therefrom; provided that Tenant’s failure to vacate within fifteen (15) days after the Relocation Date shall not constitute a material default under the Lease. Nothing in this Second Amendment is intended to release Tenant from any claims, liabilities or damages Tenant or its agents, employees or contractors may have caused to the Existing Premises. Following the Commencement Date for the Sixth Floor Premises, Tenant shall, within five (5) business days of Landlord’s delivery of possession of the New Premisesrequest to do so, again subject execute and deliver to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises a Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Certificate in such form requested by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Rentech Inc /Co/)
Relocation. Tenant shall make reasonable efforts Despite any other provision contained in this Licence, the Licensor and the Licensee agree that:
15.1 If at any time during the continuance of this Licence the Licensor wishes to relocate add to, vary, modify, alter, redesign, reconstruct, redevelop or extend the Xyz Campus or any part of it in which the Licensed Area is situated then the Licensor may give the Licensee not less than three (3) months notice in writing (“the Licensor’s Notice”) advising:
(a) That the Licensor requires the Licensee to vacate the Licensed Area by not later than the expiry date of the Licensor’s Notice;
(b) That the Licensor offers to grant to the Licensee, a Licence (“the New Premises Licence”) of other Licensed Area within the Xyz Campus identified by plans and specifications given to the Licensee with the Licensor’s Notice and subject to conditions imposed by the Local Council and any other governmental authority (“the New Licensed Area”); and
(c) The Licence Fee payable by the Licensee under the New Licence.
15.2 The New Licence will commence on the day immediately following the expiry date of the Licensor’s Notice and will be on the same terms and conditions as soon as is practical after Substantial Completion contained in this Licence provided that:
(a) The term of the New Premises Landlord Work, it being understood Licence will be the remainder of the term of this Licence or such other term as the Licensor and agreed the Licensee may agree upon in writing;
(b) The minimum licence fee will be the same as the Licence Fee payable by the parties that, notwithstanding Licensee pursuant to this Licence at the expiry date of Substantial Completion the Licensor’s Notice (adjusted to take into account the difference in commercial values of the Licensed Area and the New Licensed Area) or such other amount as the Licensor and the Licensee may agree upon in writing;
(c) The floor area of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall Licensed Area will be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease Licensor’s Notice;
(d) The New Licence is not inconsistent with any development approval or consent or any condition imposed by the Local Council or any other government authority.
15.3 If the Licensee does not want to relocate its business to the New Licensed Area, the Licensee may terminate this Licence by giving written notice of termination (“the Licensee’s Notice”) to the Licensor within seven one (71) days month after the Licensor’s Notice is given in which case this Licence will terminate on the expiry date of the Licensor’s Notice and the Licensee must by that date:
(a) Vacate the Licensed Area; and
(b) Execute the form of surrender of this Licence reasonably requested by the Licensor and deliver same to the Licensor.
15.4 If the Licensee does not give the Licensee’s Notice pursuant to Clause 15.3 above then:
(a) The Licensee must vacate the Licensed Area by the expiry date of the Licensor’s Notice;
(b) The Licensee must execute the form of release and cancellation of this Licence reasonably requested by the Licensor and deliver same to the Licensor before the New Landlord’s delivery of possession Licence commences;
(c) The Licensor will grant and the Licensee will accept the New Licence and the New Licensed Area. The Licensee must execute the New Licence and deliver same to the Licensor before the New Licence commences; and
(d) The Licensee must pay all stamp duty payable in respect of the New Premises, again subject Licence.
15.5 The termination of this Licence pursuant to this Clause 15 will be without prejudice to the April 30rights of either party in respect of any antecedent breach, 2014 date. Tenant hereby agrees and acknowledges that prior to matter or thing.
15.6 The Licensor is not responsible for any loss, injury or damages (including loss of profits and/or economic loss) sustained or which may be sustained by the New Premises Commencement, Licensee arising out of or in connection with the Landlord under operation of this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordClause.
Appears in 1 contract
Samples: Occupier's Licence Agreement
Relocation. Tenant Landlord shall make reasonable efforts have a one-time right to relocate Tenant from the Premises to space of reasonably comparable size and utility within the New Premises as soon as is practical after Substantial Completion Complex and with substantially equivalent (but not lesser) quality of finishes to that of the New Premises Landlord Work, it being understood (“Relocation Space”) upon ninety (90) days’ prior written notice to Tenant. From and agreed by the parties that, notwithstanding after the date of Substantial Completion the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted downward, if applicable, but in no event upward, based on the rentable square footage of the New Premises Relocation Space. Landlord Workshall, Tenant at Landlord’s sole cost and expense, cause Tenant’s relocation to the Relocation Space (including the moving to, setting up, connecting and testing as to operation in the Relocation Space, at Tenant’s reasonable direction, of all of Tenant’s furniture, fixtures and equipment, including but not limited to, Tenant’s personal property and cabling, which cabling shall have be substantially similar to that of the original Premises) to commence and be completed over a one-weekend period (or such longer period as is reasonably required to complete the same subject to Tenant’s reasonable cooperation, at no obligation cost to Tenant, with Landlord to effect such relocation; i.e. Tenant’s cooperation will be required to relocate to the New Premises prior to June 30, 2014 if items such an earlier date is not reasonably convenient as Tenant’s server room). Landlord shall reimburse Tenant for Tenant’s actual, out-of-pocket costs of Tenant’s replacing of its stationery, business operationscards and similar items as is reasonably necessary to reflect Tenant’s relocation in the Relocation Space. The New Premises Commencement Date Landlord shall be coordinate with Tenant the date upon which New dates and times for Tenant’s relocation to the Relocation Space so as to minimize any downtime of Tenant caused by such relocation provided that the relocation occurs within the aforesaid 90-day period. Notwithstanding anything contained herein to the contrary, Landlord achieves Substantial Completion shall not have the right to relocate Tenant during the last six (6) months of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordTerm.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts Parent and Licensor reserve the right to relocate the Licensed Premises to comparable space within the Parent Site or in another geographic location in the following situations: (a) at any time that the Prime Landlord of any Leased Site exercises any right to relocate the Parent Site; and (b) at any other time, if in Parent’s reasonable judgment, such relocation is appropriate for Parent’s space optimization efforts. If Parent chooses to exercise this relocation right, it will give the Licensee at least 90 days advance notice and offer Licensee the right to terminate this License with respect to any such relocated space. If Licensee chooses to accept the relocation, the Parties will modify Schedule A as appropriate to reflect the relocation of the Licensed Premises. If the relocated space is part of an Owned Site, or if the relocated space is part of a Leased Site and Licensee vacates the relocated premises at the end of the Term, then in either of these situations, Licensor will: (i) pay all costs of making the relocated space substantially similar to the New original Licensed Premises as soon as (i.e. the same number of workstations and technology infrastructure); and (ii) reimburse the moving expenses Licensee incurs to move its personal property to the relocated space. However, since Licensor is practical not obligated to underwrite expenses associated with Licensee’s long-term space solutions, if the relocated premises is part of a Leased Site and Licensee enters into a lease or sublease and remains in the relocated space after Substantial Completion the end of the New Premises Landlord WorkTerm, it being understood then Licensor will not be obligated to reimburse any costs or expenses associated with Licensee’s move to the relocated space. If Licensor has reimbursed moving expenses, and agreed by Licensee subsequently elects to remain in the parties thatrelocated space under any such lease or sublease arrangement, notwithstanding then Licensee will refund the date of Substantial Completion reimbursement to Licensor on or before the end of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordTerm.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities the right, at its option upon not less than sixty (60) days prior written notice to Tenant, to relocate Tenant and that to substitute for the Premises described above other space in the Building containing at least as much similar rentable area (not exceeding plus or minus 10%) as the Premises described in Section 1A above. If Tenant is already in occupancy of the Premises, then Landlord shall approve in advance the relocation expenses for purposes of reimbursement for Tenant's reasonable moving and telephone relocation expenses and for reasonable quantities of new stationery upon submission to Landlord of receipts for such expenditures incurred by Txxxxx. The relocation premises will then become the Premises hereunder and the Rent and other sums payable hereunder will be adjusted, if necessary, to reflect any increase or decrease in the square footage of the Premises. The relocation premises shall be in the upper tower portion of the building. Notwithstanding the foregoing, if Tenant is unwilling to accept any relocation premises proposed by Landlord, Tenant may terminate this Lease shall thereafter upon written notice to Landlord delivered within ten days following the date Tenant receives Landlord's notice as set forth above. In the event of such termination, Tenant will vacate the Premises within sixty (60) days following the date written notice of termination is delivered to Landlord and, in such event, this Lease will be construed as a lease agreement solely between Tenant terminated on the date the Premises are vacated and New possession thereof is returned to Landlord.
Appears in 1 contract
Samples: Office Lease (Bf Enterprises Inc)
Relocation. Tenant Employee shall make reasonable efforts to relocate his permanent residence to the Greater Boston area from Princeton, New Premises Jersey, by no later than October 1, 2012 (the “Moving Date”). Subject to Employee’s relocation to the Greater Boston area by the Moving Date, the Company will promptly reimburse Employee for reasonable, out of pocket, relocation expenses including, but not limited to: (i) reasonable costs associated with packing and moving Employee’s personal and household goods to the Greater Boston area, including without limitation shipment of furniture, household items and artwork, vehicles, personal effects, and the like; (ii) New Jersey area home closing costs (customary real estate closing costs for sale of existing home, including realtor’s commission up to 6%), but excluding seller-paid points, pro-rated taxes, pro-rated interest and sellers’ allowances; and (iii) Boston area normal closing costs for purchase of a new home with a maximum of 1% for loan origination fee and excluding discount points, pre-paids and homeowner association fees, up to a combined maximum of $20,000 for all expenses (the “Relocation Reimbursement”). All payments under this subsection shall be made upon timely receipt by the Company of appropriate vouchers or other proof of Employee’s expenditures and otherwise in accordance with the Company’s expense reimbursement policy as soon as is practical after Substantial Completion may from time to time be adopted by the Company. In addition, in order to qualify for the Relocation Reimbursement, Employee must remain an employee in good standing of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding Company as of the date of Substantial Completion that the applicable cost or expense is incurred. Employee will be solely responsible for any relocation expenses exceeding the Relocation Reimbursement and the Company will not be obligated to provide any additional or other relocation benefits or relocation assistance to Employee except as set forth in this Agreement. If Employee terminates his employment with the Company within one year of the New Premises Landlord WorkAmendment Effective Date for any reason other than his death or Disability (as defined in the Agreement), Tenant shall have no obligation Employee will be required to relocate repay to the New Premises prior Company any Relocation Reimbursement received. To the extent taxable to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises CommencementEmployee, the Landlord under this Lease shall be Landlord and that following said date Company will “gross-up” the Landlord under this Lease shall become New Landlord, and that following Relocation Reimbursement to offset the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordimpact on Employee of United States federal income taxes on such payments.”
Appears in 1 contract
Relocation. Landlord, at its expense, at any time before or during the Term, may relocate Tenant from all or any portion of the Premises (provided, however, that Landlord may not relocate Tenant from any portion of any floor of the Building unless Landlord relocates Tenant from the entirety of the portion of the Premises that is located on such floor) to space of reasonably comparable size and utility ("RELOCATION SPACE") within the Building upon 60 days' prior written notice to Tenant, provided that if Landlord shall make reasonable efforts relocate Tenant from the portion of the Premises located on the 6th floor of the Building, the Relocation Space for such portion of the Premises shall be located on or above the 7th floor of the Building. Notwithstanding the foregoing, Landlord shall not be entitled to relocate to Tenant during the New Premises as soon as is practical after Substantial Completion period beginning October 15th of any calendar year and ending January 15th of the New immediately following calendar year. The Relocation Space for the Premises Landlord Work(or any portion thereof) must contain similar finishes as the Premises (or such portion thereof), it being understood and agreed by approximately the parties thatsame Rentable Square Footage as the Premises (or such portion thereof) and the same number of work stations, notwithstanding offices, breakrooms and reception areas as are contained in the Premises (or such portion thereof) as of the date Tenant receives Landlord's notice of Substantial Completion relocation. In addition, any Relocation Space for any portion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to located on any single floor of the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date Building shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall not be deemed to be of reasonably comparable size and utility unless such Relocation Space is located on a single floor of the Building. From and after the date of the relocation, the Base Rent and Tenant's Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space. Landlord shall pay Tenant's reasonable costs of relocation, including all costs for moving Tenant's furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant's customers and one month's supply of stationery showing the new address. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in Default if Tenant has not both: a) relocated the Relocation Space in the manner and to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified extent such cabling existed in the Lease within seven Premises (7or the applicable portion thereof) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencementrelocation. Notwithstanding anything to the contrary contained in this Section 21, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities right, pursuant to Tenantthis Section 21, to relocate Tenant from any portion of the Premises, other than from the portion of the Premises located on the 3rd floor, unless: (i) such relocation is necessary to enable a Qualified Tenant (defined below) to lease such portion of the Premises, and that this Lease shall thereafter be construed as (ii) such portion of the Premises is located either (a) adjacent to all or any portion of the Qualified Space (defined below) on the same floor of the Building, or (b) on a lease agreement solely between Tenant and New Landlord.floor of the Building located immediately above or below a floor containing all or any portion of the Qualified Space. As used herein, "
Appears in 1 contract
Relocation. Tenant During the term, Landlord shall make reasonable efforts have the right, at any time, upon at least thirty (30) days prior written notice to Tenant, to relocate the Tenant to other space in the New Premises as soon as is practical after Substantial Completion Shopping Center, which new space shall have at least ninety-five percent (95%) of the New Premises Landlord Worksquare footage set forth in Section 1(g) hereof. Notwithstanding the foregoing, it being understood and agreed by should the parties that, notwithstanding term have less than one (1) year remaining as of the effective date of Substantial Completion relocation set forth in said notice, and should Landlord and Tenant be unable after a good faith effort to reach agreement on the terms of the New Premises Landlord Worka renewal or extension of this Lease, Tenant shall have no obligation the option to terminate this Lease as of the effective date of relocation, provided such notice is given in writing to Landlord within thirty (30) days after the date of Landlord's notice. Absent such termination, Tenant shall, not later than the date specified in Landlord's notice, vacate and surrender the Premises, relocate to the New Premises prior new premises, and prepare the new premises for occupancy in substantially the same manner and condition of the Premises. Upon the request of Landlord, Tenant shall execute a supplemental agreement specifying the location of the new premises and the new Base Rent to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsbe payable pursuant to this Lease. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work "Base Rent, "property tax costs and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord "operating costs" payable under this Lease shall be the same on a "per square foot" basis, except that they shall be adjusted based upon the differential, if any, in the size of the old Premises and the new premises. Landlord shall reimburse Tenant for the actual expenses of moving Tenant's trade fixtures and that following merchandise from the Premises to the new space, upon written receipt of written verification of payment by Tenant. Except as hereinafter provided, all other expenses incxxxxx by Tenant as a consequence of such move shall be absorbed by Tenaxx. Xxthin thirty (30) days after the date Tenant shall have completed renovation of the new premises and opened for business. Landlord shall reimburse Tenant for the unamortized cost of the leasehold improvements made by Tenant to the old Premises, based upon cost or costs as set forth in an affidavit to be submitted to Landlord, assuming a useful life of 10 years, and accelerated amortization at the rate of 150%, and subject to Landlord's inspection of Tenant's books as set forth below. In the event Tenant shall have amortized the cost of said date improvements (or any parts or components thereof) for tax purposes based on either a shorter useful life or at a more accelerated rate, then such life or rate shall prevail. Landlord shall not be required to reimburse Tenant for any fixtures, inventory or items of personal property which pursuant to the Landlord under terms of this Lease shall become New Landlord, and that following may be removed by Tenant al the New Premises Commencement Date end of the term. Landlord shall have no further obligations nor liabilities the right to inspect such of Tenant, 's books and that records as Landlord may reasonably request xx xxxer to verify the amount which Landlord is required to pay pursuant to this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordSection.
Appears in 1 contract
Samples: Lease Agreement (FNB Bancorp/Ca/)
Relocation. Not more than once during the initial Lease Term of this Lease from and after the commencement of the second (2nd) Lease Year, and only if Landlord provides Tenant with reasonable evidence that Landlord shall require occupancy of the Premises in order to Lease the entire rentable area of the floor on which the Premises are located to another tenant leasing the entire floor, Landlord shall have the option (the “Relocation Option”), on not less than ninety (90) days’ prior notice to Tenant, to relocate Tenant to other premises in the Complex which is reasonably acceptable to Tenant (the “New Premises”) on the date set forth in Landlord’s relocation notice (the “Relocation Date”). The New Premises shall be substantially similar to the Premises in rentable and usable square footage and configuration, and shall have substantially similar exterior views as the Premises. Landlord shall, at its sole cost and expense prior to the Relocation Date, perform all work and improvements to the New Premises pursuant to plans and specifications reasonably approved by Tenant to provide the New Premises substantially similar in all material respects to the Premises immediately prior to the Relocation Date, with finishes and materials substantially equal or better to the Premises as of the Relocation Date, based upon plans and specifications reasonably approved by Landlord and Tenant. Landlord shall, at its sole cost and expense, pay one hundred percent (100%) of the costs and expenses for the (i) construction of the New Premises with improvements which are comparable to the Tenant Improvements in the Premises, (ii) the reasonable costs and expenses to purchase, install and test Tenant’s voice and data cabling and wiring, internal security system in the New Premises, (iv) the reasonable costs and expenses to relocate, reinstall and test Tenant’s furniture, trade fixtures and equipment to the New Premises, and (v) the reasonable costs to replace the then on-hand inventory of business cards and stationary (with comparable stock). Provided Landlord has Substantially Completed the foregoing work, Tenant shall make reasonable efforts to relocate to the New Premises on the Relocation Date. Landlord shall use commercially reasonable efforts to relocate Tenant over a weekend so that Tenant can conduct its business in the New Premises on the Monday immediately following such weekend. On the date that Tenant relocates to the New Premises, (A) Tenant shall deliver the Premises to Landlord "As Is" but in broom clean condition; (B) the New Premises shall be deemed the Premises for all purposes under this Lease; and (C) Tenant shall be released from all obligations with respect to the Premises from and after such date other than those obligations that survive the expiration or sooner termination of this Lease, such as soon as is practical after Substantial Completion the reconciliation of Operating Charges in accordance with Article 5 hereof. In the event that the rentable square footage of the New Premises Landlord Work, it being understood and agreed by is less than the parties that, notwithstanding rentable square footage of the Premises as of the date of Substantial Completion such relocation, Base Rent, Additional Rent and Tenant’s Proportionate Share shall be adjusted based upon such lesser square footage. In the event that the rentable square footage of the New Premises is greater than the rentable square footage of the Premises as of the date of such relocation, Base Rent, Additional Rent and Tenant’s Proportionate Share shall not be increased. Landlord Workand Tenant agree to execute an amendment to this Lease reflecting the appropriate revisions; however, Tenant shall have no obligation the failure to relocate to the New Premises prior to June 30, 2014 if enter into such an earlier date is amendment shall not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be affect the date upon which New Landlord achieves Substantial Completion operation of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordSection.
Appears in 1 contract
Samples: Lease Agreement (Twinlab Consolidated Holdings, Inc.)
Relocation. Tenant Landlord shall make reasonable efforts have the right, at any time and from time to time upon ninety (90) days' prior written notice to Tenant, to relocate Tenant to other premises ("New Premises") within the Shopping Center; subject, however, to the following terms and conditions:
(a) The New Premises shall have approximately the same Floor Area as is contained in the Premises, (b) the New Premises shall be leased to Tenant on the same terms and conditions as soon as is practical after Substantial Completion provided in this Lease, except that there shall be a proportionate adjustment of Minimum Annual Rental and Additional Rental based upon the Floor Area in the New Premises, (c) Landlord shall pay to Tenant, within thirty (30) days following the date Tenant initially opens for business in the New Premises, those expenses reasonably incurred by Tenant in connection with the relocation of Tenant's personal property; provided, however, Tenant has first provided Landlord with an itemized list of these expenses (accompanied with copies of invoices and proofs of payment of same), and (d) Landlord shall pay all costs of the leasehold improvements to be constructed at the New Premises and such leasehold improvements shall be substantially similar to the leasehold improvements in the Premises. In its notice to Tenant, Landlord Work, it being understood and agreed by shall set forth a timetable for completion of the parties that, notwithstanding leasehold improvements in the date of Substantial Completion of New Premises. If the New Premises Landlord Workis unacceptable to Tenant for any reason, Tenant shall have no obligation the right as its sole remedy hereunder, upon written notice to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease given within seven thirty (730) days after New Landlord’s delivery 's notice of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities relocation to Tenant, and that to terminate this Lease on thirty (30) days' written notice to Landlord. Landlord shall thereafter be construed pay to Tenant, within sixty (60) days after said notice is given and upon vacation of the Premises by Tenant, the unamortized book value of Tenant's leasehold improvements, excluding items removable by Tenant at the expiration of the Term pursuant to Section 27.24 (to the extent said leasehold improvements were paid for by Tenant, as evidenced by invoices and proofs of payment of same), depreciated on a lease agreement solely between straight-line basis over the Term, and Tenant and New Landlordshall provide Landlord with a xxxx of sale for said leasehold improvements.
Appears in 1 contract
Relocation. The Landlord shall have the right, at any time during the Term, to relocate the Tenant anywhere within the Building, upon giving the Tenant 30 days written notice. The relocated premises shall be of a similar type, size and quality to the existing Premises. The Tenant shall make provide the Landlord with a written estimate of the Tenant's reasonable efforts moving expenses, 30 days prior to the date of relocation. The Landlord shall have the option of:
(a) reimbursing the Tenant for reasonable moving expenses within 30 days following the presentation of invoices by the Tenant; or
(b) making suitable arrangements for moving the Tenant at the Landlord's expense. The Landlord shall, by written notice to the Tenant, elect one of the two options 15 days prior to the date of relocation. The Landlord shall not be liable for:
(a) any damage to the Tenant's property occurring as a result of the relocation if the Tenant affects the move; and
(b) any loss suffered by the Tenant as a result of business interruption of the Tenant occurring as a result of the relocation. The relocation shall be effective on the date stated in the Landlord's notice and the Tenant shall complete its move in one (1) weekend. In the event the Landlord relocates the Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and be deemed applicable to such new space save and except:
(a) the right of first refusal or right of first offer, if any, and
(b) the location and size of the Premises which shall be in accordance with the appropriate floor plan. Upon the relocation taking place, the Annual Rent per square foot for the new space shall be the same Annual Rent per square foot as for the Premises and this Lease will be amended accordingly. If the Tenant refuses, fails or neglects to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding such new space on or before the date of Substantial Completion of stated in the New Premises Landlord Work, Tenant shall have no obligation to relocate to Landlord's notice then the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be responsible and liable for all costs, expenses and damages suffered by the Landlord as a result of the Tenant's refusal, failure, or neglect of such relocation and in Default if Tenant has not both: a) relocated addition to the New Premises Landlord's right of recovery against the Tenant for such costs, expenses and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencementdamages, the Landlord shall have the right, at its sole option and discretion, to terminate this Lease upon 10 days written notice to the Tenant, such termination right to be exercised by the Landlord any time after the date set by the Landlord for such relocation as aforesaid The Landlord's exercise of its rights under this Lease shall be Landlord and that following said date Article 6.8 does not constitute a re-entry or breach of the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord's covenant for quiet enjoyment.
Appears in 1 contract
Samples: Lease of Office Space (Securac Corp)
Relocation. Landlord may, upon 90 days notice to Tenant, relocate the Premises to any other premises within the Property (“Relocated Premises”) on a date of relocation (the “Relocation Date”) specified therein. The Relocated Premises shall in all respects be substantially die same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set Forth below. All moving costs (including the cost to relocate phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the Premises if such address changes due to the relocation (but only the quantity existing immediately prior to the relocation) and all other out-of-pocket costs directly incurred by Tenant in connection with relocation to the Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall make reasonable efforts to relocate to have the New Premises option, effective as soon as is practical after Substantial Completion of the New Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within 10 Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord shall have the option to tender the Relocated Premises Landlord Workto Tenant on any date within a 30 day period prior to or after the Relocation Date, it being understood and agreed by the parties that, notwithstanding in which event the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery tender of possession of the New Premises, again subject to Relocated Premises shall become the April 30, 2014 dateRelocation Date. Tenant hereby agrees and acknowledges that prior to From the New Premises CommencementRelocation Date through the Expiration Date, the Landlord under this Lease aggregate Base Rent for the Relocated Premises shall be Landlord the same as for the original Premises. Tenant’s failure to vacate the Premises and that following said date move into the Landlord under this Lease Relocated Premises on the Relocation Date shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as constitute a lease agreement solely between Tenant and New LandlordTime Sensitive Default.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts to vacate the Surrendered Premises on or before February 15, 2002. Tenant shall relocate all of its equipment, furnishings and other personal property to the New reconfigured Premises, all at Tenant's expense, except that Tenant shall leave in the Surrendered Premises and quit claims to Landlord those items described in attached Schedule 1. Tenant shall leave the Surrendered Premises in the same condition as soon as it is practical after Substantial Completion required to leave the Premises upon expiration or sooner termination of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014Lease term. Tenant shall be deemed responsible to Landlord for any damage caused to the Surrendered Premises or to other property of Landlord in connection with Tenant's removal of property from and vacation of the Surrendered Premises. Tenant shall not remove any improvements made in the Surrendered Premises. Landlord shall approve in writing in advance the location of the work station cubicles that Tenant may remove, and that any work station cubicles removed shall be removed from the Surrendered Premises only and in Default if accordance with the Building property manager's instructions. Without limiting the foregoing, Tenant shall leave in place all existing Cap Five wiring/cabling from cubicles that Tenant removes from the third floor as further described on attached Schedule 1, neatly bundled, so that it may be reused in the future. If Tenant has not both: a) relocated to fully performed all its obligations under this Section 4 by the New Premises close of business on February 15, 2002, then Tenant shall pay on demand from Landlord the sum of $1,760.44 per day for each day beginning on the Effective Date and b) delivered possession continuing until the date on which all Tenant's Section 4 obligations are fully performed. Notwithstanding the foregoing, if during the remaining term of this Lease Landlord notifies Tenant that it requires some or all of the Existing Premises back remaining cubicles on the third floor to Landlord be removed, then Tenant shall remove at its expense the cubicles identified by Landlord, using the same procedures as are described in broom-cleanthis Amendment, de-commissioned and de-contaminated condition as specified in the Lease within seven fifteen (715) days after New receipt of Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord's notice.
Appears in 1 contract
Samples: Lease (Imagex Com Inc)
Relocation. Landlord reserves the right upon sixty (60) days written notice to Tenant, to substitute other space within the Building (the "Substitute Premises") for the Premises, provided that the Substitute Premises at least (a) contain approximately the same or a greater number of square feet an the Premises; (b) contain comparable tenant improvements and have a comparable view, and (c) are made Available to Tenant shall make reasonable efforts to relocate at a rental rate equal to the New lesser of (i) the fair market rent for the Substitute Premises as soon as is practical after Substantial Completion for the time period in question (namely, from the delivery date of the New Substitute Premises Landlord Workthrough the Expiration Date), it being understood and agreed by (ii) Base Rent rate called for under this Lease as of the parties thattime of, notwithstanding the substitution, either on a per square foot basis or in total. If the substitution occurs prior to the date of Substantial Completion of Tenant initially occupies the New Premises, then Landlord shall reimburse Tenant for the necessary and reasonable costs incurred by Tenant in planning for the space in the initial Premises which expenses have been previously approved by Landlord Workand which have no benefit to Tenant in the Substitute Premises; If the Substitute Premises are not acceptable to Tenant, Tenant shall have no obligation to relocate to the New Premises prior to June may terminate this Lease by written notice given within thirty (30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New its receipt of Landlord’s delivery 's relocation notice, such termination to be effective on the relocation date stated in Landlord's notice to Tenant. If Tenant is occupying the Premises at the time; Landlord gives notice of possession any such relocation, Landlord shall pay the reasonable cost of the New Premisesmoving Tenant, again subject its property and equipment to the April 30Substitute Premises and shall, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities without cost or expense to Tenant, improve the Substitute Premises with improvements substantially similar to those located in the Premises. All of the other terms, covenants and that this conditions of the Lease shall thereafter remain unchanged and in full force and effect, except that Section 1 and Exhibit B shall be construed as a lease agreement solely between revised to identify the Substitute Premises, to state the square foot area of the Substitute Premises and to make the change, if any, in Base Rent. If Tenant and New elects to move to new space in the Building other than at the request of Landlord, the terms of this section shall be inapplicable.
Appears in 1 contract
Relocation. the Lease is hereby deleted in its entirety and the following paragraph is inserted in lieu thereof: Landlord shall have the right and option, upon sixty (60) days notice to Tenant, to require Tenant shall make reasonable efforts to relocate the Premises to any other premises within the New Premises as soon as is practical after Substantial Completion of Building or to other buildings in the New Premises Landlord Work, it being understood and agreed by Loop Central project (the parties that, notwithstanding the "RELOCATED PREMISES") on a date of Substantial Completion relocation (the "RELOCATION DATE") specified therein. In such event, all reasonable expenses of moving Tenant and decorating the New Relocated Premises Landlord Workwith substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, computer network relocation and installation, telephone installation, stationery costs and other related items. Within thirty (30) days following receipt of Landlord's relocation notice, Tenant shall have no obligation the option to relocate either (i) enter into a new lease (the "NEW LEASE") with Landlord for a new five (5) year term commencing on the Relocation Date; or (ii) terminate this Lease on the Relocation Date. Failure of Tenant to choose either option shall cause this Lease to terminate, effective on the Relocation Date. Notwithstanding the foregoing, if Tenant elects to enter into a New Lease, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a thirty (30) day period prior to June 30or after the Relocation Date, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be in which event the date upon which New Landlord achieves Substantial Completion term of the New Premises Landlord Work and delivers possession Lease shall commence on the date of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery tender of possession of the Relocated Premises. For the portion of the term of the New Lease between the Relocation Date and the expiration of the Term of this Lease (as extended herein), Monthly Base Rent for the Relocated Premises shall be calculated as follows: (i) for up to the then-current Rentable Area of Premises, again subject to at the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord rate in effect under this Lease as of the Relocation Date; and (ii) for any portion of the Relocated Premises in excess of the Rentable Area of Premises, at the prevailing Building rental rate then in effect. For the remainder of the term of the New Lease, Monthly Base Rent for the entire Relocated Premises shall be Landlord and that following said date calculated at the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordprevailing Building rental rate then in effect.
Appears in 1 contract
Samples: Lease Agreement (2 Infinity Inc)
Relocation. Tenant shall make In the event Employee is transferred and assigned to a new principal place of work located more than fifty (50) miles from Employee's present residence, Employer will pay for all reasonable efforts relocation expenses including:
A. Transportation fares, meals, and lodging for Employee, his spouse, and family from Employee's present residence to relocate any new residence located near the new principal place of work.
B. Moving of Employee's household goods and the personal effects of Employee and Employee's family from Employee's present residence to the New Premises as soon as is practical after Substantial Completion new residence.
C. Lodging and meals for Employee and Employee's family for a period of not more than sixty (60) consecutive days while occupying temporary living quarters located near the new principal place of work.
D. Round trip travel, meals and lodging expenses for Employee's family for no more than two (2) house hunting trips to locate a new residence, each trip not to exceed fourteen (14) days; and E. Expenses in connection with the sale of the New Premises Landlord Workresidence of Employee including Realtor fees, it being understood property appraisals, mortgage prepayment penalties, termite inspector fees, title insurance policy and agreed revenue stamps, escrow fees, fees for drawing documents, state or local sales taxes, mortgage discount points (if in lieu of a prepayment penalty), and seller's attorney's fees (not to exceed one percent (1%) of the sales price). At the option of Employee and in lieu of reimbursement for these expenses, Employee may sell the residence of Employee to the Employer at the fair market value of the residence determined by an appraiser chosen by the parties that, notwithstanding Employer. The appraisal will be performed within ten (10) days after notice of transfer and notice of appraised value will be submitted by report to Employee. Employee will have the right to sell the residence to the Employer at the appraised price by giving notice of intent to sell within thirty (30) days from the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsappraisal report. The New Premises Commencement Date term "residence" shall be mean the date upon which New Landlord achieves Substantial Completion property occupied by Employee as the principal residence at the time of the New Premises Landlord Work transfer and delivers possession of the New Premises to Tenant subject to the aforementioned right does not include summer homes, multiple-family dwellings, houseboats, boats, or airplanes but does include condominium or cooperative apartment units and duplexes (two family) occupied by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordEmployee.
Appears in 1 contract
Samples: Employment Agreement (Epicus Communications Group Inc)
Relocation. Tenant The Landlord shall make reasonable efforts have the right from time to time during the Term, at the Landlord's expense, to relocate the Tenant from any premises it occupies, other than the Premises (the "Relocated Premises") from its present location within the Building to another location within the Building having at least the same floor area, provided that the Landlord gives the Tenant written notice of the Landlord's intention to do so at least 60 days before undertaking such relocation. In such event, the Landlord shall, at the Landlord's expense, install within the new premises as so relocated improvements of the same quality and quantity as those made by the Tenant or the Landlord to the New Relocated Premises, and on the completion of such installation shall cause the Tenant's machinery, furniture, fixtures and equipment within the Relocated Premises to be moved to the new premises as soon so relocated. Upon the completion of such relocation, this Lease shall automatically cease to cover the space constituting the Relocated Premises immediately before such relocation, and shall automatically thereafter cover the space to which the new premises have been relocated, as is practical after Substantial Completion aforesaid, all on the same terms and subject to the same conditions as those set forth in the provisions of this Lease as in effect immediately before such relocation, and all without the necessity of further action by either party hereto. Also, the Base Rent shall be adjusted on the basis of the New Premises Landlord Workper square foot rates otherwise in effect, it being understood and agreed by the parties thatTenant's Proportionate Share of Real Estate Taxes and Operating Expenses shall be proportionately adjusted, notwithstanding to reflect any difference between the date of Substantial Completion size of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Relocated Premises prior to June 30relocation and that after relocation. Each party hereto shall, 2014 if promptly upon its receipt of a written request therefor from the other, enter into such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion amendment of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date as the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities requesting party considers reasonably necessary to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordconfirm such relocation.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts At any time or from time to relocate to time during the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord WorkTerm or any renewal thereof, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities the unrestricted right to Tenantrelocate Tenant from the Premises to any other office space of reasonably comparable size in the Building with views that are reasonably comparable to the views from the initial Premises (“Relocation Space”). The Relocation Space must contain similar finishes as the Premises, and that approximately the same rentable area as the Premises and approximately the same number of work stations, offices, breakrooms , windows and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. Landlord shall provide Tenant at least ninety(90) days’ prior written notice of any such relocation and Landlord shall reimburse Tenant for all reasonable expenses incurred by Tenant in connection with such relocation, including moving expenses, telecommunications and data cabling and hookup and the cost of a reasonable supply of replacement stationery. In the event of any such relocation, Landlord shall move Tenant’s effects to the Relocation Space over a weekend, at Landlord’s sole cost and expense. If Tenant is relocated in accordance with the provisions of this Section 40, and the rentable area of the Relocation Space is not equal to the rentable area of the Premises, all amounts, percentages and figures appearing or referred to in this Lease based upon such rentable area shall thereafter be construed modified accordingly; provided, however, that notwithstanding the foregoing, Tenant’s Base Rent shall not increase as a lease agreement solely between result of any such relocation. Prior to any such relocation, Landlord shall, at its sole expense, renovate or construct improvements in the Relocation Space that are substantially similar to those in the Premises. Following any such relocation, Landlord and Tenant shall enter into an amendment to this Lease to reflect that the Premises consists of such Relocation Space. All other terms and New Landlordconditions of the Lease shall remain unchanged following such relocation.
Appears in 1 contract
Samples: Office Lease Agreement (Velti PLC)
Relocation. Tenant shall make reasonable efforts to relocate (i) If, at any time during the Term or any renewal of the Term, the Landlord requires possession of all or any portion of the Conference Premises for any purpose whatsoever, the Landlord may, on no less than three (3) months' prior Notice to the New Premises as soon as is practical after Substantial Completion Tenant (the "Relocation Notice"), require the Tenant to vacate all or any portion of the New Conference Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven Relocation Notice (7the "Vacated Space") days after New Landlord’s delivery of possession of on the New date specified in the Relocation Notice (the "Relocation Date") and relocate into other premises in Two Park Centre (the "Relocated Premises"). If a Relocation Notice is given, again subject this Lease, insofar as it relates to the April 30Vacated Space, 2014 date. Tenant hereby agrees and acknowledges that prior shall terminate on the Relocation Date, but only if the Landlord has completed the Relocated Premises in accordance with its obligations set out in paragraph 13 (a) (ii);
(ii) The Relocated Premises shall be comparable in all reasonably material respects to the New Conference Premises Commencementexcept for the ceiling height and shall be fully fixtured (not including the Tenant's trade fixtures) and in "turn-key" condition built with the same number of usable rooms with similar dimensions, and available for the Tenant's occupancy on the Relocation Date, the Landlord under this Lease being fully responsible for performing all work required to make the Relocated Premises so available. If in the event that the current Cafeteria Premises located on the ground floor of One Park Centre are leased to another party other than the Tenant at the time of the Relocation Notice then the Relocated Premises will be fixtured and built by the Landlord with a kitchen of a size not exceeding 250 square feet and containing therein a sink, cabinetry, counters and electrical outlets as would normally be found within an office premise of similar size as the Relocated Premises.
(iii) The Landlord shall pay all direct costs of preparing the Relocated Premises for occupation by the Tenant (which costs shall include, without limitation, all costs in wiring the Relocated Premises for the Tenant's use) and of relocating the Tenant and all of the Tenant's property, fixtures and furniture therein. The Landlord shall not be liable for any other or consequential costs, damages or losses to or of the Tenant as a result of such relocation.
(iv) To the extent that the Rentable Space of the Relocated Premises is not identical in square footage to that of the Vacated Space, the Fixed Rent shall be Landlord adjusted upwards or downwards, as the case may be, at the same rate per annum as was payable with respect to the Vacated Space, but Fixed Rent may be increased only to the extent that the Rentable Space of the Relocated Premises is no greater than 5,208 square feet.
(v) The parties enter into such lease amending agreements as necessary to effect the foregoing.
(b) The Landlord's herein right of relocation with respect to the Conference Premises shall terminate and be of no force or effect in the event that following said date the Tenant exercises its right of Offer with respect to the Cafeteria Premises in accordance with Section 6 of Schedule "C" of the Lease. In no event shall the LandLord have the right to relocate the Tenant from the Conference Premises prior to April 1, 1996. For further clarification and certainty it is further understood and agreed that the Landlord under may not provide a Relocation Notice to the Tenant with respect to the Conference Premises prior to April 1, 1996.
6. The parties confirm that in all other respects, the terms, covenants and conditions of the Lease remain unchanged and in full force and effect, except as modified by this Lease Agreement.
7. This Agreement shall become New Landlordbe binding upon and enure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and that following assigns where permitted by the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordLease.
Appears in 1 contract
Relocation. Tenant In accordance with Article 13 of the EDC MOA, after the Initial Conveyance and when the Premises occupied by the Navy in Building One is required by TIDA for implementation of the development project, TIDA shall make reasonable efforts have the right to relocate the Premises to another location within Building One or to one of the buildings known as the Great Whites, or to any other adequate location on Treasure Island or Yerba Buena Island. If TIDA determines that the Premises must be relocated, TIDA shall give Navy six (6) months prior notice and a written description of the relocation space. The relocation premises shall be in contiguous space and substantially equivalent to the New Premises then-existing Premises, including access to utilities and security, provided that the relocated storage space may be located in one or more non-contiguous spaces. TIDA shall bear any reasonable costs incurred by TIDA to physically relocate Navy to any relocation space, and shall be responsible for the cost of standard tenant improvements for the relocation consistent in quality with the current Premises. Reasonable costs and standard tenant improvements, as soon those terms are used herein, shall include but not be limited to the cost of providing access to all utilities at the relocation space including to a dedicated T1 transmission line and the cost of establishing Navy Marine Corps Intranet (NMCI) connectivity to the TI transmission line consistent in scope and quality with the current Premises. The Navy requires controlled access to the NMCI server and associated equipment. Specifically TIDA is also responsible for safely packing, moving and unpacking all furniture, computers, computer equipment, files, Navy property, and Navy personnel property, except as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed designated by the parties thatNavy. TIDA is responsible to ensure access to all utilities, notwithstanding the date of Substantial Completion of the New Premises Landlord Workinternet, Tenant shall have no obligation to relocate phone, and communication services to the New Premises prior relocation space as required for Navy use consistent in scope and quality with the current Premises. The new location will have adequate natural lighting and reasonable security to June 30ensure the protection and safety of Navy personnel and property. TIDA shall perform all coordination with SHPO, 2014 if such an earlier date necessary, for any alterations required at the Great Whites to facilitate Navy relocation. The Navy is not reasonably convenient in default of these Office Provisions if the relocation space is not suitable for Tenant’s business operations. The New Premises Commencement Date shall be functional Navy use after the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises 6 months’ notice, including connectivity to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordNMCI.
Appears in 1 contract
Samples: Navy Office Provisions
Relocation. 44.01 Landlord may, at its option, before or after the Commencement Date, elect by notice to Tenant to substitute for the Demised Premises other office space in the Building or The Expressway Plaza at Roslyn, dxxxxxxted by Landlord (hereinafter called "Substitute Premises"), provided that the rentable square foot area of the Substitute Premises is not less than one hundred percent (100%), nor larger than one hundred fifteen percent (115%) of the rentable square foot area of the Demised Premises. Landlord's notice shall set forth the date which Tenant shall make reasonable efforts to relocate to vacate and surrender the New Demised Premises as soon as is practical and occupy the Substitute Premises (herein called the "Relocation Date"). The Relocation Date designated by Landlord shall be no earlier than thirty (30) days after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion Landlord's notice. Landlord shall, at Landlord's expense, (i) furnish and install in the Substitute Premises fixtures and improvements substantially similar to those contained in the Demised Premises; (ii) provide to Tenant at Landlord's sole expense, moving personnel to perform the moving of Tenant's property and equipment from the Demised Premises to the Substitute Premises; and (iii) reimburse Tenant for Tenant's actual reasonable out-of-pocket costs incurred by Tenant in connection with the relocation of any telephone or other communications equipment from the Demised Premises to the Substitute Premises. If Landlord elects to substitute other premises prior to the Commencement Date, Landlord, at Landlord's expense, shall improve the Substitute Premises substantially in accordance with the Work Letter attached hereto as Exhibit C. Tenant agrees to execute such documents, as in Landlord's sole opinion, are necessary, appropriate or desirable in order to reflect the substitution of the New Substitution Premises Landlord Workfor the Demised Premises, which documents shall set forth any adjustment in the Fixed Rent and Tenant's Proportionate Share as may be required by reason of such substitution as well as any other changes or modifications to this Lease made necessary by, and attributable to such substitution. From and after the earlier of: (a) the date on which Tenant shall have actually vacate and surrender the Demised Premises to Landlord or (b) the Relocation Date, this Lease: (i) shall no obligation to relocate longer apply to the New Premises Demised Premises, except with respect to all obligations to pay Fixed Rent and Additional Rent and all other obligations which accrued on or prior to June 30such date, 2014 including without limitation the liabilities and obligations imposed upon Tenant as a holdover Tenant if such an earlier date is not reasonably convenient the Tenant fails to vacate and surrender the Demised Premises on or before the Relocation Date; and (ii) shall apply to the Substitute Premises as if the Substitute Premises had been the space originally demised under this Lease. In the event Tenant without Landlord's prior written consent, fails to vacate and surrender the Demised Premises on or before the Surrender Date, then Tenant agrees to reimburse Landlord for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion all of the New Premises damages, costs and expenses incurred by Landlord Work by reason of such failure including lost rent, and delivers possession of the New Premises to Tenant subject to the aforementioned right all legal fees incurred by Tenant to defer occupancy prior to June 30Landlord, 2014. and Tenant shall be deemed liable to Landlord and reimburse Landlord, as Additional Rent, all of such costs, expenses and damages including without limitation, fair value, use and occupancy for the Demised Premises in the amount equal to two hundred percent (200%) of the Fixed Rent and Additional Rent which would have been due for the Demised Premises (which shall be in Default if Tenant has not both: a) relocated addition to the New Premises Fixed Rent and bAdditional Rent for the Substitute Premises) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a any lost rent from any lease agreement solely between Tenant and New Landlordor prospective lease agreement for the Demised Premises which Landlord had executed or was then negotiating, which leasing (and/or tenant or prospective tenant) Landlord lost, by reason in whole or part of Tenant's holding over beyond the Relocation Date.
Appears in 1 contract
Relocation. At Landlord’s sole cost and expense, at any time before or during the Term, if Landlord reasonably determines it is necessary for the health and safety of Tenant shall make reasonable efforts or of other tenants in the Building, Landlord may relocate Tenant from the Premises to relocate space of reasonably comparable size and utility (“Relocation Space”) within the Building or adjacent buildings within the same project upon 60 days’ prior written notice to Tenant. The Relocation Space must contain similar finishes as the New Premises, and approximately the same Rentable Square Footage as the Premises and the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood date Tenant receives Landlord’s notice of relocation. From and agreed by the parties that, notwithstanding after the date of Substantial Completion the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the New Relocation Space. Landlord shall pay Tenant’s actual costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the new address, and prior to such relocation, Landlord, at Landlord’s cost, shall improve the Relocation Space to incorporate improvements and finishes similar to those incorporated within the Premises (the commercial availability of like or similar materials shall be taken into account in such case, so that Landlord Workwill not be required to duplicate materials or finishes which are no longer readily available on the market, but may instead, with Tenant’s consent [not to be unreasonably withheld, conditioned or delayed], substitute reasonable replacement materials or finishes). Notwithstanding anything to the contrary contained herein, Landlord’s obligation to pay actual relocation related costs shall be limited to services directly related to the relocation and to products of a quality or grade in use by Tenant prior to such relocation. If Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the Relocation Space is not comparable to the Premises, Tenant shall have no obligation the right to relocate terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the Relocation Space is not comparable to the New Premises prior to June 30Premises. Such termination shall be effective 60 days after the date of Landlord’s notice of relocation, 2014 if such an earlier date is not reasonably convenient for provided that Landlord, within 10 days after receipt of Tenant’s business operationsnotice of termination, shall have the right to withdraw its notice of relocation. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30In such event, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be continue in full force and effect as if Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as had never provided Tenant with a lease agreement solely between Tenant and New Landlordnotice of relocation.
Appears in 1 contract
Relocation. Tenant shall make (a) Licensor reserves the right, upon advance reasonable efforts written notice, given no later than July 1 of the year prior to the year in which the relocation must occur, to require Licensee to relocate boats to other locations on Navy Pier.
(b) The relocation/construction related to the New Premises as soon as relocation is practical after Substantial Completion to be completed by May 1 of the following year.
(c) The Licensor will be responsible for the construction of the New Premises Landlord WorkAmenities built by a general contractor acceptable to Licensor in accordance with the design and criteria set by Licensor.
(d) New Amenities to include detailed design (by Licensor architect) ticket kiosk, it being understood boarding ramp, utility connections and agreed by signage.
(e) Licensee is responsible for the parties that, notwithstanding the date of Substantial Completion Allowable Cost (as defined below) of the New Premises Landlord WorkAmenities up to a maximum of $50,000.00 collectively for the boats licensed in the Agreement “Allowable Costs” means detailed design (by Licensor architect) ticket kiosk, Tenant boarding ramp, utility connection, bollards, fenders and signage. All other associated costs (such as removing the old amenities, moving equipment or furnishings) are to be borne by Licensee and shall not be counted against the $50,000.00 maximum.
(f) Licensor reserves the right, upon advance reasonable written notice, during the Term of this License, to permanently relocate the Dock Space for another area of equivalent size on Navy Pier and in Oxxxx Slip (“Substituted Dock Space”) when, in the opinion of the President of Licensor, it is necessary for the proper functioning of Navy Pier or the health and safety of Navy Pier patrons. Licensor will work with Licensee to coordinate the movement in the off season. The permanent relocation includes the vessel and all site amenities included in the operation of the vessel (ticket booth, boarding ramp, electrical and plumbing feeds).
(g) By written notice to the Licensor, Licensee has the right to accept or reject any Substituted Dock Space proposed by the Licensor. The notice must be delivered within 45 days after receipt of the Licensor’s notice of change of location.
(h) If Licensee rejects the Substituted Dock Space, this License shall terminate as of the date the relocation is to take effect or at the end of four months from the written notice of relocation, whichever is later, and the Licensor shall have no obligation the right to relocate contract the space to another entity or individual. Failure by Licensee to accept or reject in writing within the New Premises prior to June 30required time period is the same as acceptance, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date and this License shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed continue to be in Default if Tenant has not both: a) relocated force and effect as to any Substituted Dock Space. If the Licensor requires Licensee to permanently relocate, Lxxxxxxx agrees to reimburse all of Licensee’s reasonable costs for moving its ramp, permitted dockside amenities and needed Utility Hookups to the New Premises Substituted Dock Space.
(i) Licensor reserves the right, at its cost and bexpense, to temporarily relocate the Licensed Boats, to an adequate and sufficient location at Navy Pier. Temporary relocation would apply to any movement necessary for a special event (e.g., Tall Ships) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified at Navy Pier or in the Lease within seven event of an emergency. Licensor will provide reasonable notice of thirty days in advance of temporary relocation required for a special event. In the event of an emergency, Licensor may require Licensee to move immediately. While docked at Navy Pier, Licensee shall observe the Licensor’s rules and regulations for marine operations located at Navy Pier.
(7j) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and The Licensor covenants that this Lease provision 2.3 shall thereafter not be construed as exercised by the Licensor to negotiate a lease agreement solely between Tenant and New Landlordhigher license fee from Licensee than the fee set forth herein, or to obtain a higher license fee from a third party, to accommodate the addition of a new boat operation or expansion of an existing boat operation, or to provide preferred docking location for another boat operation.
Appears in 1 contract
Relocation. Subject to the terms hereof, Landlord may, at its option (the "Relocation Option"), at any time, by giving notice to Tenant, exercise a one-time right to require Tenant to vacate and surrender the Additional Storage Space and relocate to reasonably comparable substitute storage space reasonably acceptable to Landlord and Tenant (the "Substitution Space"). Such Substitution Space shall contain useable square feet in an amount not less than the useable area of the Additional Storage Space and of comparable configuration for Tenant’s uses thereof. Landlord shall exercise the Relocation Option by giving Tenant not less than one hundred eighty (180) days' prior written notice (the "Relocation Notice") specifying the effective date (the "Relocation Effective Date") of Tenant's relocation to the Substitution Space, whereupon, as of such Relocation Effective Date:
(i) The description of the Additional Storage Space, as set forth herein, shall be amended, without further action on the part of either Landlord or Tenant, so that the Substitution Space shall be deemed to be the Additional Storage Space under the Lease, and all other terms, covenants, conditions, provisions and agreements contained in the Lease shall continue in full force and effect and shall apply to the Substitution Space as if such Substitution Space were the Additional Storage Space originally demised hereunder. In the event that the Substitution Space contains a greater number of useable square feet than the Additional Storage Space, then the annual Fixed Rent shall be the same as the annual Fixed Rent for the initial Additional Storage Space set forth in this Amendment;
(ii) Tenant shall make reasonable efforts vacate and surrender the Additional Storage Space and accept occupancy of the Substitution Space on or before the Relocation Effective Date, such Additional Storage Space to relocate be surrendered to Landlord in accordance with the terms of the Lease as if such Relocation Effective Date were the Expiration Date of the Lease. If, however, Tenant shall continue to occupy the Additional Storage Space after the Relocation Effective Date, same shall not result in a renewal of this Amendment or an extension of the Term, but a holdover subject to the New Premises as soon as is practical after Substantial Completion terms of Article 18 of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding Lease;
(iii) At all times between the date of Substantial Completion the Relocation Notice and the Relocation Effective Date, Landlord shall provide Tenant with access to the Substitution Premises for the purpose of completing alterations and improvements thereto and preparing the same for Xxxxxx’s use; and
(iv) Tenant shall be deemed to have accepted possession of the New Premises Substitution Space in an "as is" condition as of the Relocation Effective Date and otherwise in accordance with the terms and conditions of Section 2(g) of this Amendment. Tenant hereby acknowledges that Landlord Work, Tenant shall have no obligation to relocate perform any fit-up or other work to prepare the Substitution Space for Tenant's use thereof. If Landlord exercises this Relocation Option, then Landlord shall reimburse Tenant for Tenant's actual and reasonable out-of-pocket expenses incurred: (a) to make alterations and improvements to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject Substitution Space substantially similar to the aforementioned right alterations and improvements made by Tenant to defer occupancy prior the Additional Storage Space; and (b) in connection with moving Tenant's stored items from the Additional Storage Space to June 30the Substitution Space; provided, 2014. however, that Tenant shall not be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlordcompensated for, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities liability to Tenant on account of, any inconvenience to Tenant or any interruption to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord's business or affairs.
Appears in 1 contract
Samples: Fourth Lease Amendment Agreement (World Wrestling Entertainmentinc)
Relocation. Landlord, at its sole expense, on at least 3 months’ prior written notice to Tenant shall make reasonable efforts to relocate to but only on one occasion during the New Premises as soon as is practical after Substantial Completion Term and not during the first or last 12 months of the New Lease Term, may require Tenant to move from the Premises to another suite of substantially comparable size, layout, quality and decor in the Building. Landlord Workmay not move Tenant into a space that is more than 10% larger or smaller the Premises without Tenant approval, it being understood and agreed by in the parties that, notwithstanding event the date of Substantial Completion of Relocation Space is larger than the New Premises Landlord Workoriginal Premises, Tenant shall have no obligation continue to relocate pay the Fixed Rent and Additional Rent based on the original size of the Premises. In the event of any such relocation, Landlord shall pay all the reasonable expenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Premises; (b) of moving Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work furniture and delivers possession of the New Premises to Tenant subject equipment to the aforementioned right new premises (including Tenant’s data and communication wiring and cabling, AV, security and access controls); and (c) reasonably incurred and documented by Tenant Tenant, up to defer occupancy prior a maximum amount of $2,500.00, for notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to June 30, 2014Tenant’s relocation. Tenant shall execute any reasonable amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to be pay Rent (at the same rate per rentable square foot subject to size restrictions above), shall continue in Default if Tenant has not both: a) relocated full force and effect and shall apply to the New Premises new premises; and b(ii) delivered possession of Tenant shall move into the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordnew premises.
Appears in 1 contract
Samples: Lease Agreement (Asure Software Inc)
Relocation. Tenant City shall make reasonable efforts have the right to relocate COTC, from time to the New Premises as soon as is practical after Substantial Completion time, to another part of the New Building in which the Premises Landlord Workare located in accordance with the following:
(A) The new Premises shall be substantially the same in size, dimensions, configuration, decor and nature as are the Premises described in this Use Agreement and shall be placed in that condition by City at its cost.
(B) The physical relocation of COTC shall be accomplished by City at its cost.
(C) City shall give COTC at least thirty (30) days written notice of City's intention to relocate COTC to a specified location in the Building. After receipt of such notice, COTC shall have thirty (30) days to notify City in writing if it being understood objects to such relocation and agreed of COTC’s intent to terminate this Use Agreement without penalty and vacate the Premises by the parties that, notwithstanding a date set forth in such notice which is not more than six (6) months after the date of Substantial Completion of the New Premises Landlord Work, Tenant such notice. City shall have no obligation to relocate to the New Premises prior to June thirty (30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery receipt of possession such notice from COTC to rescind its notice to relocate COTC by written notice to COTC.
(D) The relocation of COTC shall take place on a weekend and shall be completely accomplished before the Monday following the weekend in which the relocation takes place. If the relocation has not been completed in that time, Base Periodic Use Compensation shall fully xxxxx from the time the relocation commences to the time it is completed.
(E) All reasonable costs incurred by COTC as a result of the New Premisesrelocation, again subject to the April 30including, 2014 date. Tenant hereby agrees without limitation, costs incurred in changing addresses on stationery, business cards, directories, advertising and acknowledges that prior to the New Premises Commencementother reasonable items, the Landlord under this Lease shall be Landlord paid by City.
(F) If the relocated Premises are smaller than the Premises as it existed before the relocation, Annual Base Periodic Use Compensation and that following said date COTC's proportionate share of Operating Expenses shall be reduced accordingly.
(G) The parties hereto shall immediately execute an Amendment to this Use Agreement evidencing COTC's relocation and the Landlord under this Lease shall become New Landlordreduction of Periodic Use Compensation, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordif any.
Appears in 1 contract
Samples: Use Agreement
Relocation. Landlord shall have the one-time right at any time, except during the last six (6) months of the Term, and after giving Tenant a minimum of ninety (90) days prior written notice, to:
a) provide and furnish Tenant with space elsewhere in the Building (but not on a lower floor) of approximately the same size, views, configuration and quality of tenant improvements as the Premises (the “Substitute Premises”) and
b) relocate Tenant to such Substitute Premises. Landlord shall make pay all costs and expenses incurred as a result of such relocation (including (i) Tenant’s reasonable efforts to relocate reprinting costs for announcements, stationery and business cards, and (ii) costs incurred in connection with the relocation of Tenant’s telephone and data cabling equipment. If Landlord moves Tenant to the New Premises Substitute Premises, each and every term, covenant and condition of this Lease shall remain in full force and effect and be deemed applicable to the Substitute Premises, as soon as is practical after Substantial Completion though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto, except that if the approximate Rentable square footage of the New Substitute Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion is less than that of the New Premises, the Fixed Monthly Rent and Tenant’s Share shall be appropriately reduced, and if the approximate Rentable square footage of the Substitute Premises Landlord Workis more than that of the Premises, Tenant the Fixed Monthly Rent and Tenant’s Share shall have no obligation to relocate to be based on the New square footage of the Premises prior to June 30the relocation, 2014 if such an earlier date is and shall not reasonably convenient for Tenant’s business operationsincrease. The New Premises Commencement Date shall be the date upon which New If Tenant refuses to permit Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to relocate Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premisesabove, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities the right to Tenant, and that terminate this Lease shall thereafter be construed as a lease agreement solely between effective ninety (90) days from the date Landlord provided Tenant and New Landlordwith the original notification of intent to relocate.
Appears in 1 contract
Relocation. Landlord, at its sole expense, on at least 120 days’ prior written notice to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Complex. In the event of any such relocation, Landlord shall pay all the expenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises; (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling); and (c) that Tenant actually and reasonably incurs out-of-pocket (and which Tenant can document with written records) in connection with Tenant notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenaxx’x xelocation. Tenant shall make execute any reasonable efforts amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to relocate pay Rent (at the same rate per rentable square foot), shall continue in full force and effect and shall apply to the New Premises as soon as is practical after Substantial Completion of new premises; and (ii) Tenant shall move into the New Premises Landlord Work, it being understood and agreed by new premises. Notwithstanding anything to the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workcontrary, Tenant shall have no obligation the right to relocate to terminate the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right Lease by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back written notice to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven not more than ten (710) days after New Tenaxx’x xeceipt of Landlord’s delivery of possession of the New Premisesrelocation notice and, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencementin such event, the Landlord under this Lease shall be terminate on the date that is sixty (60) days after Landxxxx’x xeceipt of Tenant’s termination notice unless Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordrevokes its relocation notice within ten (10) days from receipt of Tenaxx’x xermination notice.
Appears in 1 contract
Relocation. Landlord may, at any time, but on only one (1) occasion, relocate Tenant to another area of the Building (herein referred to as “new premises”) providing the new premises shall make be substantially similar in size, location (must be on the same floor or higher), utility, window line, quality, appearance, and use for Tenant's purposes. If Tenant is already occupying the Premises at the time Landlord exercises the rights granted by this Article, Landlord, at its expense, shall remove, relocate, and reinstall Tenant’s equipment, furniture, and fixtures, including all wiring and cabling in the new premises and redecorate the new premises so that they will be substantially the same as the former Premises, all at Landlord’s sole cost and expense. In addition, Landlord shall pay all reasonable efforts out-of-pocket costs directly related to relocate such relocation, including, without limitation, any other costs necessary to improve the new premises to the New Premises same level of finish as soon as is practical after Substantial Completion existed in the original Premises, wiring/cabling costs, moving costs, and the cost of the New Premises stationery and similar items rendered useless by such relocation. Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, shall give Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if at least ninety (90) days’ notice before making such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014change. Tenant shall cooperate with Landlord in all reasonable ways to facilitate the move. Tenant may elect to have the physical move occur during weekend or evening hours in order to minimize any effect on Tenant’s business. Tenant shall not be deemed required to physically move until such time as the new premises is ready for business to be in Default if Tenant has not both: a) relocated to conducted therefrom. If the New Premises and b) delivered possession of new premises is larger than the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New original Premises, again subject to the April 30then (i) Tenant’s Share shall be adjusted proportionately, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement(ii) Base Rent shall be reduced so that, when combined with Tenant’s Share of Operating Expenses and Taxes, the Landlord under total amount due from Tenant in accordance with this Lease for Base Rent, Operating Expenses, and Taxes does not exceed the amounts that would have been payable for the original Premises. If the new premises are smaller than the original Premises, then Base Rent and Tenant’s Share shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordreduced proportionately.
Appears in 1 contract
Relocation. Tenant In addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the term (and any number of times during the term), by written notice to Tenant, elect, subject to Tenant's approval (which approval shall make reasonable efforts not be unreasonably withheld or delayed), to relocate any portions of the Premises to new premises on the Property. The foregoing relocation right shall not apply to certain portions of the Premises described as follows: Buildings T and Z and Expansion Area. Tenant may not refuse to consent in writing to any such relocation proposed by Landlord if the proposed relocated premises (i) shall be reasonably comparable in size; (ii) shall be comparable in physical characteristics relating to use (i.e., laboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the specific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (v) shall not separate concentrations of space within the Premises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. Tenant agrees that at the time Landlord makes an election to relocate the Premises and seeks Tenant's approval, Landlord may contemplate performing certain finish work or alterations to the New Premises as soon as is practical after Substantial Completion of proposed relocation space and in determining whether the New Premises Landlord Work, it being understood and agreed by proposed relocation space satisfies the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workforegoing criteria, Tenant shall have no obligation review plans for such finish work and alterations and may not refuse approval if the proposed relocation space, as it is to relocate be altered or finished, would satisfy the criteria; provided that such alterations shall be made to the New proposed relocation space before Tenant is required to move. Landlord shall pay the costs of any alterations or finish to the relocation space and all other reasonable, third party costs incurred by Tenant in moving to the relocation space. Landlord and Tenant shall cooperate to cause the relocation to be accomplished in a way which minimizes cost and disruption to the parties' operations on the Property. Tenant shall complete the relocation and vacate and surrender the relocated portion of the Premises prior to June 30, 2014 if such an earlier date in accordance herewith within a reasonable period of time (as determined hereinbelow) after notice from Landlord that the relocation space is not reasonably convenient ready for Tenant’s business operations's use and occupancy. The New Premises Commencement Date Within thirty (30) days after Landlord delivers written notice to Tenant of a required relocation, Tenant shall be the date upon which New notify Landlord achieves Substantial Completion in writing of the New Premises Landlord Work amount of time Tenant believes is reasonable to accomplish the relocation after the relocated space is ready for Tenant's use and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014occupancy. Tenant Such time period shall be deemed to be in Default if the reasonable period of time referred to hereinabove to accomplish the relocation unless Landlord disputes the time period selected by Tenant. After the relocation has been accomplished, the Premises shall no longer include the relocated space but shall include the new relocation space. Either Landlord and/or Tenant has not both: a) relocated may elect under section 1.1, to measure the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New ----------- reconfigured Premises, again subject at Landlord's expense, at such time to recalculate Base Rent and Tenant's Percentage Share. Landlord and Tenant shall execute a written amendment to this Lease adjusting the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to Exhibits hereto which describe the New Premises CommencementPremises, the Landlord under this Lease shall be Landlord calculation of rent, Tenant's Percentage Share and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed providing for such other adjustment as a lease agreement solely between Tenant and New Landlordreasonably necessary.
Appears in 1 contract
Samples: Campus Lease (Monsanto Co /New/)
Relocation. Tenant (a) Commensurate with her position as an Executive Vice President, the Employee shall make reasonable efforts devote a significant amount of time to performing services at the Employer’s headquarters.
(b) In the event the Employee is subsequently required by Employer to relocate to any other location outside of Portland, Oregon, such relocation (unless agreed to in writing by Employee) shall constitute a termination without case for purposes of Section 4.1(f) below. Should Employee agree to such relocation outside of Portland, Oregon, relocation assistance will be provided to the New Premises as soon as Employee that will cover all reasonable expenses associated with such relocation. Employer shall pay to Employee, on a pretax basis (so there is practical after Substantial Completion no net tax cost to Employee), in advance where possible (and otherwise via prompt reimbursement), the sum of the New Premises Landlord Workfollowing amounts: temporary employee living expenses, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that including apartment and/or other comparable costs prior to the New Premises CommencementEmployee obtaining a new residence; closing costs on any new home Employee purchases in the area to which the Employee is required to relocate as a personal residence for himself; and costs of packing, shipping, insuring, delivering, and unpacking Employee’s household goods as well as storage costs for household goods until a residence is obtained. In addition, if Employee has not sold his residence within 6 months after the Landlord under this Lease Employee is required to relocate, Employer shall purchase such residence for cash upon Employee’s written election given to Employer no later than 30 days following the lapse of such 6 month period. The purchase price shall be Landlord and that following said date equal to the Landlord under average of two independent appraisals (with one appraiser selected by each party) of the Employee’s residence. All costs associated with the selling of the Employee’s residence (including both appraisals, if necessary) shall be borne by Employer. Employer shall arrange for the appraisals to be completed within 30 days after receipt of the Employee’s written election for the purchase of the Employee’s residence pursuant to this Lease Article 3.09. Closing shall become New Landlord, and that following the New Premises Commencement Date Landlord shall occur within 30 days after such appraisals have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordbeen received.
Appears in 1 contract
Relocation. (a) Solely in the event of a Triggering Relocation Event, Landlord shall have the right at any time during the Term to relocate the Premises to substitute space (for purposes of this Article, the “Relocation Space”) in another part of the Building provided that: (a) the size of the Relocation Space shall not be less than 90% of the size of the Premises from which Tenant is being relocated (for purposes of this Article, the “Previous Space”); (b) the physical relocation of the Premises shall be accomplished by Landlord at its cost; (c) Landlord shall give Tenant at least thirty (30) days prior Notice of Landlord’s intention to relocate the Premises; (d) all reasonable and actual out of pocket costs incurred by Tenant as a result of the physical relocation shall be paid by Landlord, including, without limitation, in an amount not to exceed One Thousand Dollars ($1,000.00) for costs incurred in changing addresses on stationery, business cards, directories, advertising, and other such items; and (e) if the square footage of the Relocation Space is not the same as the square footage of the Previous Space, the Base Rent shall be adjusted to a sum computed by multiplying the Base Rent specified in the Summary by a fraction, the numerator of which shall be the total number of square feet in the Relocation Space, and the denominator of which shall be the total number of square feet in the Previous Space, and Tenant’s Share shall be adjusted to reflect the percentage of Rentable Area in the Building allocable to the Relocation Space, Within ten (10) days following the request of Landlord, Tenant shall make reasonable efforts execute and return to relocate Landlord an amendment to this Lease confirming the New Premises as soon as is practical after Substantial Completion new location of the New Premises and any resulting adjustment of Base Rent and Tenant’s Share. Landlord Workshall reimburse Tenant’s relocation costs within thirty (30) days following Landlord’s receipt of such amendment executed by Tenant and reasonably acceptable evidence of Tenant’s payment for all such relocation costs, including unconditional lien releases and invoices evidencing the actual costs. Tenant agrees that it being understood shall make request for reimbursement of all such costs at the same time, and agreed by the parties that, notwithstanding in no event later than ninety (90) days following the date of Substantial Completion of the New Premises Relocation Space is made available for occupancy by Tenant. Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient reimburse any item for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and requested reimbursement by such date.
(b) delivered possession As used herein, the term “Triggering Relocation Event” shall mean a reduction in size of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordfor any reason.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding On one (1) occasion following the date of Substantial Completion execution of this Lease by Landlord and Tenant, on at least ninety (90) days’ prior notice to Tenant, Landlord shall have the right to move Tenant out of the New Premises and into premises having at least equal floor space and linear fenestration of windows located on the top two (2) floors of the Building for the duration of the Term. In the event Landlord Workexercises this right of relocation, Landlord shall decorate and construct improvements in the new premises equivalent to those in the Premises and remove, relocate and reinstall Tenant’s Property including furniture, trade fixtures, furnishings, cabling, wiring, equipment and other personal property, and, if installed in the Premises, submeters equivalent to those in the Premises to measure Tenant’s use of electricity, all at the sole cost and expense of Landlord. When the substitute new premises are ready for delivery by Landlord, Tenant shall have no obligation to relocate to surrender the New Premises prior to June 30Premises. In connection with such relocation, 2014 Landlord shall, at Landlord’s sole cost and expense, (i) if such an earlier date is not reasonably convenient for relocation causes a change in Tenant’s address at the Premises shown on Tenant’s letterhead and business operationscards, provide Tenant with a reasonable supply of new letterhead and business cards reflecting such changed address and (ii) reimburse Tenant for the actual reasonable out-of-pocket cost incurred by Tenant in printing and mailing to Tenant’s vendors and customers having contact with Tenant at the Premises a notice of such relocation. The New Premises Commencement Date Following any such relocation, this Lease shall be continue in full force and effect except for the date upon which New Landlord achieves Substantial Completion description of the New Premises Landlord Work and delivers possession Tenant’s Share which, upon completion of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30such relocation, 2014. Tenant shall be deemed amended to describe the substitute new premises and pro rata share, respectively, to which Tenant shall have been relocated in accordance with this Section 14.17. The Fixed Rent and Tenant’s Share shall be in Default if Tenant has not both: a) relocated adjusted to reflect the New Premises and b) delivered possession size of the Existing Premises back to Landlord in broom-cleannew premises, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlordbut such adjustment shall not increase said Fixed Rent or Tenant’s delivery of possession Share, regardless of the New Premises, again subject to size of the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordnew premises.
Appears in 1 contract
Samples: Lease Agreement (Teltronics Inc)
Relocation. Landlord shall have the right, either before or during the Term, upon not less than thirty (30) days written notice to Tenant, to change the location of the Premises to another mutually agreeable location within the Building or the Business Community, if any, provided that the new location is reasonably similar in size, utility and appearance. If Tenant is occupying the Premises when Landlord exercises its rights hereunder, Landlord, at its expense, shall remove, relocate and reinstall Tenant's equipment (including telephones), furniture and fixtures in the new premises and redecorate the new premises so that they will substantially resemble the former Premises. Landlord shall also pay Tenant's cost of reprinting stationery and business cards. On completion of the change in location of the Premises, the parties shall execute an amendment to this Lease which sets forth the new description of the Premises and amendments to any other terms of this Lease, if any, required by the relocation of the Premises. In the event Landlord is unable to relocate the Premises to a location which is reasonably similar in size, utility and appearance, then Tenant shall make reasonable efforts have the right to relocate terminate this Lease upon not less than sixty (60) days' written notice to Landlord; provided, however, Landlord shall, within thirty (30) days after receipt of Tenant's notice to terminate the New Lease, have the right to withdraw its demand requiring Tenant to relocate, in which event Tenant shall remain in the Premises as soon as and this Lease shall continue in full force and effect. If any notice of termination is practical after Substantial Completion given pursuant to this Section, this Lease and the rights and obligations of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding hereunder shall cease as of the date of Substantial Completion such notice and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusted as of the New Premises Landlord Workdate of such termination. Notwithstanding the foregoing, Tenant shall have no Tenant's obligation to relocate indemnify and hold harmless Landlord as provided in Section 22 hereof shall survive any such termination as to the New Premises any act, omission or occurrence which took place prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationstermination. The New Premises Commencement Date No further documentation shall be required to effect the date upon which New Landlord achieves Substantial Completion termination of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordunless otherwise requested in writing by either party.
Appears in 1 contract
Samples: Office Lease (Quepasa Com Inc)
Relocation. Tenant shall make reasonable efforts During all but the last six (6) months of the Term, Landlord reserves the right to relocate the Premises to comparable space within the Building or another Office Park Building by giving Tenant prior written notice of such intention to relocate provided that the new Premises shall be substantially similar to the New Premises as soon as is practical after Substantial Completion in area and use for Tenant's purpose and such relocation shall be made in order to lease the Premises to a tenant who will occupy a majority of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion floor of the New Building on which the Premises are located. If within thirty (30) days after receipt of such notice, Landlord Workand Tenant have not agreed on the space to which the Premises are to be relocated and the timing of such relocation, this Lease shall terminate on that date which is sixty (60) days after the Tenant's receipt of such notice. If Landlord and Tenant shall have no obligation to relocate to do so agree, then the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant Lease shall be deemed amended by deleting the description of the original Premises and substituting thereof a description of such comparable space and, if such relocation is to be in Default if another Office Park Building owned by a party other than Landlord, by reexecuting the Lease with the owner of such other Office Park Building being substituted for the Landlord hereunder. Landlord agrees to pay the reasonable costs of moving Tenant has not both: a) relocated to such other space within the Building or another Office Park Building, including, without limitation, moving costs and the costs of improving the new premises so that they are substantially similar to the New Premises and b) delivered possession all reasonable costs incurred by Tenant as a result of relocating the Existing Premises back to Landlord in broom-clean, de-commissioned Premises. Any such relocation sxxxx xe made during evenings or weekends and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities done in a manner designed to minimize inconvenience to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
Appears in 1 contract
Relocation. Notwithstanding any contrary provision of this Lease, if Landlord requires the Premises for use in connection with another suite or for other reasons related to Landlord's occupancy plans for the Building, then at any time during the Lease Term Landlord shall have the right, upon providing Tenant shall make reasonable efforts prior written notice (the "Relocation Notice"), to relocate provide and furnish Tenant with space elsewhere in the Building comparable to the New Premises and to move and place Tenant in such new space, at Landlord's sole cost and expense. Such space shall be approximately the same size as soon as is practical after Substantial Completion of the New existing Premises and shall be improved by Landlord Workprior to Tenant's relocation with leasehold improvements comparable to those in the existing Premises. However, it being understood if the new space does not meet the Tenant's reasonable and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workgood-faith approval, Tenant shall have no obligation may cancel this Lease upon written notice to relocate to the New Premises prior to June 30Landlord, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall which notice must be the date upon which New received by Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven ten (710) days after New Landlord’s delivery of possession to Tenant of the New PremisesRelocation Notice, again subject and unless Landlord withdraws its request that Tenant relocate, this Lease shall terminate sixty (60) days thereafter (as if such date were the natural expiration of the Term hereof) and neither party shall have any further rights or obligations hereunder. Tenant's failure to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior timely deliver notice to the New Premises Commencement, the Landlord under of Tenant's election to cancel this Lease shall be deemed an acceptance by Tenant of the new space set forth in the Relocation Notice, and Tenant shall vacate the Premises in accordance with said notice and/or the terms of any subsequent notice from Landlord to Tenant. If Landlord moves Tenant to such new space, then this Lease and each and all of the terms, covenants and conditions hereof shall remain in full force and effect and be deemed applicable to such new space except that a revised Exhibit "A" showing the location of the new space shall become a part of ----------- this Lease and Landlord and that following said date the Landlord under Tenant shall promptly thereafter execute an amendment to this Lease shall become New Landlordcontaining such revised "Exhibit "A" and with the Basic ----------- Terms of this Lease, as contained in Article 2, amended, if necessary, to --------- include and that following state all correct data as to the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordnew space.
Appears in 1 contract
Samples: Office Lease (Vsource Inc)
Relocation. Tenant In the event LESSOR intends to redevelop the Property and the location of the Premises would otherwise hinder LESSOR’s plans to redevelopment, LESSOR has the one-time right to relocate the Premises, upon at least twelve (12) months prior written notice to XXXXXX, to an alternate location (the “Relocation Premises”) on the Property, provided that:
x. XXXXXX shall make reasonable use best efforts to relocate locate and propose a Relocation Premises on the Property that is in the general size and configuration of the Premises and that LESSEE reasonably consents to the New Premises as soon as is practical after Substantial Completion proposed Relocation Premises;
b. LESSEE will be able, with reasonable effort, to maintain or obtain all necessary licenses, permits or approvals to operate the Communication Facility on the Relocation Premises;
c. No material interference or material degradation to XXXXXX’s use of the New Premises Landlord WorkCommunications Facility will result;
d. LESSEE shall be able to locate and use a temporary communications facility, it being understood such as a cell on wheels (“COW”), on the Property in a location mutually agreeable to LESSOR and agreed by LESSEE, including receiving all necessary licenses, permits or approvals until such time as LESSEE has fully relocated the parties that, notwithstanding Communication Facility to the date Relocation Premise;
e. All reasonable costs and expenses associated with or arising out of Substantial Completion such relocation (including costs associated with any required Governmental Approvals and/or costs for Tests of the New Relocation Premises Landlord Work, Tenant shall have no obligation be paid by:
1. LESSOR in the event LESSOR exercises the one-time right to relocate the communication facility during the Initial Term or the first Renewal Term; or
2. LESSEE in the event that LESSOR exercises the one-time right to relocate the Communication Facility following the expiration of the first Renewal Term; and
f. Such relocation will be performed exclusively by LESSEE or its agents.
x. XXXXXX will exercise its relocation right by delivering written notice, pursuant to the New terms of this Agreement to LESSEE. In the notice, XXXXXX will identify the proposed Relocation Premises prior on the Property to June 30which LESSEE may relocate the Communication Facility. XXXXXX and XXXXXX hereby agree that a survey (prepared at the sole cost and expense of the LESSOR) of the Relocation Premises (including the access and utility easements) will supplement Exhibit hereto and become a part hereof, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New and the Relocation Premises Commencement Date shall be considered the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordfor all purposes hereunder.
Appears in 1 contract
Samples: Option and Land Lease Agreement
Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical For a period of one year after Substantial Completion expiration of the New primary term of this Lease and only so long as the initial Lessor (or another "institutional" purchaser which is not in the business of developing or operating warehouses, but for this purpose ownership of warehouses operated by others shall not be deemed "operating" warehouses) owns the Premises, Lessee shall not transfer any of Lessee's business being conducted on the Premises Landlord Work, it being understood and agreed by at the parties that, notwithstanding the date of Substantial Completion termination of the New primary term of this Lease to any warehouse developed by Lessee or its affiliates that is within a ten (10) mile radius of the Premises Landlord Work(a "Lessee Warehouse") unless the Premises are no longer suitable for the business being conducted thereon. If Lessee determines that the Premises are no longer suitable for the business being conducted thereon, Tenant Lessee shall deliver to Lessor an affidavit executed by an officer of GATX Corporation on behalf of such corporation certifying that the Premises are no longer suitable for the business being conducted thereon and setting forth the reasons why. Upon receipt of such affidavit Lessor shall have the right to make the Premises suitable to Lessee, if possible, at Lessor's sole cost and expense, within the time reasonably required by Lessee. If Lessor is able to make the Premises suitable for Lessee within the time reasonably required by Lessee, Lessee shall not be permitted to transfer the business to a Lessee Warehouse unless Lessee agrees to extend the Lease term for one (1) additional year after the expiration of the primary term of this Lease. Such extension shall be at the rate for Basic Rent in effect for the period immediately prior to such extension adjusted in the manner provided in Section 3.2 for adjustments during the primary term of this Lease. Lessee shall be under no obligation to relocate to use or occupy the New Premises prior to June 30during such extension period provided it pays all Basic Rent and additional rent due hereunder, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date terminate at the Landlord under end of such one (1) year period without any further restrictions pursuant to this Lease Section 15.15. In no event shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities provisions of this Section 15.15 apply if Lessee has exercised any option to Tenant, and that renew the term of this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordLease.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts agrees that, despite any other provision of this Lease, Landlord has the right at any time and from time to time before or during the Term to rearrange the Premises or to change the location of the Premises to comparable space in the Building having approximately the same Rentable Area as the Premises and having comparable Leasehold Improvements in similar condition as those contained in the Premises. Tenant agrees to surrender and vacate the Premises and move to such other premises not later than 60 days following Landlord’s Notice to Tenant requiring Tenant to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon failing which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be overholding in Default if Tenant has not both: a) relocated the Premises. If Landlord exercises its right to rearrange the Premises or change its location, the appropriate modifications will be made to the New Basic Information and, if appropriate, the Basic Rent will be adjusted. Landlord’s exercise of its rights under this section does not constitute a re-entry or a breach of Landlord’s covenant for quiet enjoyment contained in this Lease or implied by law. If Landlord exercises its right to rearrange the Premises and b) delivered possession or to change the location of the Existing Premises back after the date on which Landlord delivers Notice to Tenant that the Premises are ready for installation of Leasehold Improvements, Landlord in broom-cleanwill reimburse Tenant for the direct costs it reasonably incurs because of the rearrangement or relocation of the Premises upon Tenant providing Landlord with receipted invoices. In addition, de-commissioned and de-contaminated condition as specified Landlord, at Landlord’s cost, will complete the installation of the Leasehold Improvements in the Lease within seven (7) days after New Landlordrelocated premises to a comparable, quality, layout and standard as the Premises at the time of Landlord exercising its right to relocate herein, and Landlord shall coordinate Tenant’s delivery of possession of move from the New Premises, again subject Premises to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities relocated premises with minimal interruption to Tenant’s business operations. In no case will Tenant be reimbursed or compensated for any indirect costs whatsoever including, without limitation, overhead, overtime charges or loss of profits and that this Lease shall thereafter be construed as a lease agreement solely between Tenant will minimize costs by re-using all fixtures, equipment and New LandlordTrade Fixtures from the Premises where it is feasible to do so. Landlord also reserves the right to rearrange any demising walls for purposes of providing required fire or emergency corridors or of otherwise complying with law and the requirements of Authorities from time to time.
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Relocation. During the Relocation Term, Landlord shall have the one time right to substitute for the Relocation Premises other premises within the Project (the "New Premises"), provided:
(a) h The New Premises shall be of comparable size and configuration to the Relocation Premises with the same level of finishes, including fresh paint, carpet and millwork, if applicable, and located on the fourth (41 ) floor or higher in the Building or other building in the Project as the case may be (the "Comparable Space");
(b) the Basic Rent and the Additional Rent with respect to Direct Costs payable under the Lease shall not be increased notwithstanding that such New Premises may contain more rentable square feet than the Relocation Premises and the Relocation Term shall not be required to be extended as a result of such relocation;
(c) Landlord shall pay the reasonable actual out-of-pocket expenses of Tenant for moving from the Relocation Premises to the New Premises, including but not limited to, the cost of relocating Tenant's personal property, fixtures, furniture and equipment, the installation of computer and telephone cabling and replacement of business cards, stationery and brochures to the extent that the suite number of the Relocation Premises is reflected therein;
(d) Landlord at its sole cost and expense shall make reasonable efforts improve the New Premises with tenant improvements and alterations (including but not limited to restrooms and the common areas in the Building) with finishes to the quality which are substantially similar to the Relocation Premises as of the Relocation Commencement Date; and
(e) Landlord shall give Tenant written notice of Landlord's exercise of the right to relocate Tenant to the New Premises as soon as is practical after Substantial Completion of (the New Premises Landlord Work, it being understood and agreed by "Relocation Notice") not less than two hundred seventy (270) days before the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsrelocation date. The New Premises Commencement Date Relocation Notice shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession include a reasonably detailed description of the New Premises. If Landlord exercises its right hereunder, again subject the New Premises shall thereafter be deemed for the purposes of the Lease as the Premises as of the relocation date. In the event that the New Premises proposed by Landlord do not qualify as Comparable Space as defined in Section 15(a), then Tenant shall have the right to terminate the Lease. Such right shall be exercised by Tenant giving written notice of the exercise thereof to Landlord within ten (10) days of Tenant's receipt of the Relocation Notice, which notice from Tenant shall state a termination date for the Lease that is not more than two hundred seventy (270) days from the date of such notice (the "Termination Date"). In the event that Tenant exercises its right to terminate in accordance with the provisions of this Section, Landlord shall reimburse Tenant for the unamortized portion of that amount of the Construction Costs (as defined in Exhibit B, the Workletter) expended by Tenant in excess of the Improvement Allowance, plus any similar construction costs expended by Tenant in excess of any improvement allowance with respect to any expansions to the April Relocation Premises, such amortization to be made evenly over the last one hundred twenty (120) months of the Relocation Term (and to be at an annual rate of interest of eight percent (8%). The amount payable to Tenant by Landlord described herein shall be payable no later than thirty (30, 2014 date. Tenant hereby agrees and acknowledges that ) days prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordTermination Date.
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Relocation. Tenant Each company performing any of the tasks set forth in this Section F (Relocation), whether it is the CONSULTANT or any of its sub-consultants, shall be currently prequalified by INDOT’s Prequalification Division in Work Type 12.8 (Relocation) referenced in INDOT’s Consultant Prequalification Manual. The CONSULTANT shall make every reasonable effort to expeditiously complete relocation activities for assigned parcel(s). The CONSULTANT shall make prompt contact with the relocate to explain all relocation entitlements for which the relocate is eligible. In accomplishing the above, the CONSULTANT shall do the following:
1. Make all reasonable efforts to relocate personally contact each owner or their designated representative and explain all relocation entitlements. When all efforts to make personal contact have failed, or in the event the property owner resides out of state, the owner may be contacted by certified mail or other means appropriate to the New Premises situation and approved by INDOT.
2. The CONSULTANT shall give the owner the brochure published by the U.S. Department of Transportation, Federal Highway Administration, which is entitled “Relocation: Your Rights and Benefits as soon as is practical after Substantial Completion a Displaced Person Under the Federal Relocation Assistance Program” (the “Relocation Brochure”). The Relocation Brochure will be first provided to the parcel owner not later than the first contact when the relocation entitlements are discussed. The CONSULTANT shall maintain adequate records for each parcel containing, but not limited to:
1. The date, time and place of each contact,
2. The parties of interest contacted,
3. A detailed list of the New Premises Landlord Workrelocation entitlements explained, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion and
4. The signature of the New Premises Landlord WorkCONSULTANT and the person contacted on all applicable relocation forms. If the person contacted refuses to sign, Tenant this must be noted on all applicable forms. The CONSULTANT further agrees that the parcel(s) shall have no obligation be sufficiently documented to relocate meet the minimum standards set out in the Title 49 Regulations. The CONSULTANT further agrees to follow accepted principles and techniques of the Relocation process in accordance with State Law, the RED Manual, this “Appendix “A”, and any interpretation of the foregoing furnished by INDOT. Any parcel that does not meet such requirements shall be further documented without additional compensation to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsCONSULTANT. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30CONSULTANT will undertake all correspondence, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlordcomplete all forms, and retain copies of all documentation that following is needed to demonstrate that the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenantrelocation process was completed in accordance with the RED Manual, state law, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordfederal law.
Appears in 1 contract
Samples: Consulting Contract
Relocation. Landlord shall have the right, at any time after September 30, 2005, upon giving Tenant shall make reasonable efforts not less than thirty (30) days prior notice (the “Relocation Notice”), to relocate provide and furnish Tenant with space (“Relocation Space”) elsewhere in the Calabasas Tech Center of approximately the same size as the Extension Space, with Landlord to pay all verified and previously approved costs and expenses incurred by Tenant as a result of such move to such new Relocation Space including, without limitation, the New Premises as soon as is practical cost of moving furniture and equipment and recabling and repainting the Relocation Space for Tenant’s use. Notwithstanding the foregoing, if Tenant notifies Landlord within ten (10) days after Substantial Completion Tenant’s receipt of the New Premises Relocation Notice that Tenant desires space of a lesser size, Landlord Workmay instead substitute space elsewhere in the Calabasas Tech Center of approximately the size so designated by Tenant if such space is then available. Furthermore, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises if Landlord Workdelivers a Relocation Notice to Tenant, Tenant shall (i) have no obligation three (3) separate and consecutive one-month options to relocate renew the term of the Lease (as amended) for the Relocation Space, which options must be exercised, if at all, by written notice to Landlord at least thirty (30) days prior to the New Premises prior to June 30, 2014 first day of such renewal term and which options may only be exercised if such an earlier date Tenant is not reasonably convenient for then in default under the Lease (as amended), and (ii) have the option to terminate the Lease (as amended) by written notice to Landlord within ten (10) days after Tenant’s business operationsreceipt of the Relocation Notice. The New Premises Commencement Date Any such termination shall be effective as of a date so specified by Tenant in such termination notice to Landlord, but no later than the effective date upon of such relocation specified in Landlord’s Relocation Notice. If the Relocation Space is a lesser size than 14,879 rentable square feet, the Fixed Minimum Monthly Rent shall be adjusted by multiplying $25,000.00 by a fraction, the numerator of which New Landlord achieves Substantial Completion is the number of rentable square feet of the New Premises Relocation Space and the denominator of which is 14,879. If Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by moves Tenant to defer occupancy prior such Relocation Space, the Lease (as amended) and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to June 30, 2014. Tenant such Relocation Space and such Relocation Space shall thereafter be deemed to be in Default if the “Extension Space” as though Landlord and Tenant has not both: a) relocated had entered into an express written amendment to the New Premises and b) delivered possession of the Existing Premises back Lease with respect thereto and, upon request from Landlord, Tenant shall execute a new amendment to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlorddocumenting such relocation upon such terms.
Appears in 1 contract
Samples: Lease (Tekelec)
Relocation. At Landlord's sole cost and expense, at any time before or during the Term, if Landlord reasonably determines it is necessary for the health and safety of Tenant shall make reasonable efforts or of other tenants in the Building, Landlord may relocate Tenant from the Premises to relocate space of reasonably comparable size and utility ("RELOCATION SPACE") within the Building or adjacent buildings within the same project upon 60 days' prior written notice to Tenant. The Relocation Space must contain similar finishes as the New Premises, and approximately the same Rentable Square Footage as the Premises and the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood date Tenant receives Landlord's notice of relocation. From and agreed by the parties that, notwithstanding after the date of Substantial Completion the relocation, the Base Rent and Tenant's Pro Rata Share shall be adjusted based on the rentable square footage of the New Relocation Space. Landlord shall pay Tenant's reasonable costs of relocation, including all costs for moving Tenant's furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant's customers and one month's supply of stationery showing the new address, and prior to such relocation, Landlord, at Landlord's cost, shall improve the Relocation Space to incorporate improvements and finishes similar to those incorporated within the Premises (the commercial availability of like or similar materials shall be taken into account in such case, so that Landlord Workwill not be required to duplicate materials or finishes which are no longer readily available on the market, but may instead, with Tenant's consent [not to be unreasonably withheld, conditioned or delayed], substitute reasonable replacement materials or finishes). Landlord shall also reimburse Tenant shall have no obligation for the reasonable cost to relocate install and connect telecommunication and data cabling in the Relocation Space in the manner and to the New extent such cabling existed in the Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordrelocation.
Appears in 1 contract
Relocation. In the event that Tenant shall make reasonable efforts to relocate to and Landlord enter into the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood Lease and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation in order to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of construct the New Premises, again subject it is necessary for Landlord to demolish the April 30Building, 2014 datethen Landlord shall have the right to relocate the Tenant to another temporary ground level location either (i) on the Real Estate, or (ii) within a one mile radius of the Real Estate. In the event the Landlord exercises its right to relocate the Tenant, as provided for herein, it shall give the Tenant hereby agrees at least sixty (60) days prior written notice and acknowledges that prior shall provide the Tenant with a temporary ground level facility within which Tenant can conduct its business, which temporary ground level facility (a) may be a ground level trailer or other temporary ground level building, in-line or out parcel retail space in a shopping center or other business area and (b) shall include sufficient parking spaces, all of which will comply with local law. In the event Landlord elects to relocate the New Premises CommencementTenant to a temporary ground level facility, the Landlord will pay the actual and direct, out-of-pocket, reasonable expenses of Tenant in moving from the Premises to the temporary ground level facility and shall improve the temporary ground level facility so that Tenant can conduct its businesses therein, on a temporary basis. Minimum Rent for the temporary ground level facility shall be the lesser of (i) the rental cost Landlord is obligated to pay to a third party in order to provide the temporary ground level facility to Tenant or (ii) the Minimum Rent payable under this Lease shall be and Landlord and that following said date the Landlord under Tenant shall execute an amendment to this Lease confirming the relocation within thirty (30) days after either party shall become New Landlordrequest same. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be obligated to vacate the Premises, and relocate to the temporary ground level facility until said temporary ground level facility is improved, in Tenant’s reasonable judgment, so that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to TenantTenant can conduct its businesses therein, and that this Lease shall thereafter be construed as on a lease agreement solely between Tenant and New Landlordtemporary basis.
Appears in 1 contract
Relocation. At any time after Xxxxxx's execution of this Lease, Landlord shall have the right, upon thirty (30) days' prior written notice to Tenant, to provide Tenant shall make reasonable efforts with reasonably similar space elsewhere in the Project of approximately the same size as the Premises and to relocate Tenant to said space. In the event that Landlord shall exercise such right subsequent to Tenant's occupancy of the Premises, Landlord shall pay all reasonable costs of moving Tenant to such new space. If Landlord moves Tenant to such new space, then this Lease and each and all of the terms and covenants and conditions hereof shall remain in full force and effect and thereupon be deemed applicable to such new space, except that the new space shall be substituted for the current space, a revised floor plan shall become part of this Lease and shall reflect the location of the new space and Base Rent shall be proportionately adjusted to reflect any change in the rentable square footage of the new space as compared to the New Premises as soon as is practical original Premises. Should Tenant refuse to permit Landlord to move Tenant to such new space, Landlord shall have the right to terminate this Lease by written notice to Tenant, which termination shall be effective sixty (60)days after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion Landlord's original notice of relocation. Nothing contained in this Section 22.18 shall require Landlord to offer to Tenant to substitute any similar space that becomes available in the New Premises Project for Tenant's existing space or any other similar space that is or becomes available in the Project if Tenant refuses to permit Landlord Work, Tenant shall have no obligation to relocate Tenant to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New relocation space initially proposed by Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordsubstitute for Xxxxxx's existing space.
Appears in 1 contract
Samples: Full Service Lease (Q Matrix Inc)
Relocation. Landlord shall have the one-time right, except during the first twelve (12) months of the Term and the last twelve (12) months of the Term, and after giving Tenant a minimum of one hundred twenty (120) days’ prior written notice, to:
a) provide and furnish Tenant with space elsewhere in the Building of approximately the same size as, with at least the same number of window offices having similar or better views and with improvements and finishes comparable to the improvements and finishes in the Premises (the “Substitute Premises”), and
b) relocate Tenant to such Substitute Premises. Landlord shall pay all reasonable costs and expenses incurred as a result of such relocation (including, without limitation, (i) the costs of printing Tenant’s relocation announcements (and related postage), new stationery and new business cards, (ii) the costs of installing Tenant’s telephone and data cabling and related equipment in the Substitute Premises, (iii) the costs of moving Tenant and its furniture, fixtures, equipment and records from the Premises to the Substitute Premises, and (iv) the costs of re-keying the entry doors and interior doors of the Substitute Premises). If Landlord moves Tenant to the Substitute Premises, each and every term, covenant and condition of this Lease shall remain in full force and effect and be deemed applicable to the Substitute Premises, as though Landlord and Tenant had entered into an express written amendment of this Lease with respect thereto, except that (i) if the approximate rentable square footage of the Substitute Premises is less than that of the Premises, the Fixed Monthly Rent and Tenant’s Share of Operating Expense increases shall be appropriately reduced, (ii) if the approximate rentable square footage of the Substitute Premises is greater than that of the Premises, the Fixed Monthly Rent and Tenant’s Share of Operating Expense increases shall be and remain as set forth in this Lease, (iii) Tenant shall make surrender the Premises to Landlord without the obligation to remove any of the improvements previously made to the Premises by Landlord or Tenant (provided that any such improvements made by Tenant were in accordance with the provisions of this Lease), and (iv) Tenant shall surrender the Premises to Landlord with reasonable wear and tear excepted, and Landlord agrees to clean the Premises after Tenant surrenders the Premises, provided that Tenant uses reasonable efforts to relocate discard its trash. Landlord shall cause such relocation to occur over a weekend period or such other reasonable time period approved by Landlord and Tenant. Notwithstanding any contrary provision of this Section 1.7, Landlord may exercise this relocation right only if (aa) Landlord intends to enter into a lease covering more than five thousand (5,000) square feet of Rentable Area on the first floor of the Building (the “New Lease”), and (bb) the Premises comprise a portion of the space covered by the New Premises as soon as is practical after Substantial Completion of the New Premises Lease. Encino Terrace / Research Solutions, Inc. / MK / December 29, 2016 ____ ____ ____ ____ Initial Initial Initial Initial If Tenant refuses to permit Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premisesabove, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities the right to Tenant, and that terminate this Lease shall thereafter be construed as a lease agreement solely between effective one hundred twenty (120) days from the date Landlord provided Tenant and New Landlordwith the original notification of intent to relocate.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts Any Employee wishing to relocate to another reporting depot shall do so through the New Premises Job Posting Procedure under Article Should a Job Posting occur in an Employee's own permanent classification at another reporting depot, the Employee may submit application for such Job Posting. Notwithstanding the aforesaid, the Parties agree that when an Operator A vacancy exists, Employees holding a permanent Operator A classification, even those in another limited posting at the time of the vacancy, will be polled in order of seniority to move to the vacant and the last Operator A vacancy created by said polling will subsequently be posted. Should an Employee in the Labourer classification wish to relocate to another reporting depot and/or Section, shall make such request, in writing, to the Operations Manager for consideration of transfer before new Employees are considered for the new Labourer vacancy. The Parties agree to commit themselves to maintaining communications. To this end, the Employer hereby agrees that Representatives of its administration will meet with Representatives of the Union from time-to-time, and preferably at least three (3) times per year, to discuss problems, Employee concerns, methods to improve relations, and delivery of services to the public. The Committee shall consist of three (3) members from each of the Parties. An Employer and a Union Representative shall be designated as joint Chairpersons, and shall alternately preside over the meetings. Minutes shall be taken at each meeting and will be circulated by the Employer to Committee Members as soon as is practical after Substantial Completion possible following the meeting for review. The Committee shall not have jurisdiction over any matters which pertain to collective bargaining or are the responsibility of another joint committee. The Committee's Chairpersons shall be responsible for making recommendations to their respective principals regarding the issues discussed by the committee. Decisions of the New Premises Landlord Work, it being understood and agreed Committee shall not be binding upon the Employer or the Union. The union Representatives on the Committee shall not suffer a loss of pay for attending at the Committee Meetings jointly attended by the parties thatParties. Effective April the Safety Footwear Subsidy for Permanent and Probationary Employees, notwithstanding as determined by The Occupational Health and Safety Act, and Regulations for Construction Projects, will be in the date amount of Substantial Completion EIGHTY-FIVE DOLLARS per annum, and will be paid out as a "non-taxable allowance" on the first full pay period in May of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationseach year. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion wearing of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to safety boots or safety shoes must also be in Default if Tenant has not both: a) relocated conformance with the Regional Safety Rules. Effective April 1st. the Safety Footwear Subsidy will increase to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broomNINETY-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven FIVE (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.$95.00)
Appears in 1 contract
Samples: Collective Agreement
Relocation. Tenant Each Party recognizes that from time to time Lessor may be required to relocate the Fiber Backbone within the Corridors or a portion thereof as a result of a project in the public State Highway ROW. Lessor shall make be solely responsible for all costs incurred to relocate the Fiber Backbone, including the Lessee Fiber Strands within the Corridors; however, Lessor shall not be responsible, in any manner whatsoever, to relocate or to incur any costs attributed to such relocation of the Lessee Fiber Infrastructure and the Lessee-owned lateral fiber optic telecommunications cable installed in the Corridors. Lessor shall use commercially reasonable efforts to give Lessee at least thirty (30) days prior notice of construction activity to relocate the Fiber Backbone, including the Lessee Fiber Strands within the Corridors, and due to the New Premises vested interest that Lessee has in the Corridors, Lessor shall use commercially reasonable efforts to give Lessee notice of relocation as soon as is practical after Substantial Completion Lessor becomes aware of such relocation and Lessor shall keep Lessee well informed throughout the entire relocation process, including but not limited to, development of relocation project plans and schedules. Lessor agrees to make all reasonable attempts to minimize Lessee downtime resulting from such relocation; however, Lessee understands that many factors and circumstances can affect such relocation and thus have an effect on minimizing Lessee downtime resulting from such relocation. Lessee shall be solely responsible to relocate, including all costs incurred to relocate, the Lessee Fiber Infrastructure and the Lessee-owned lateral fiber optic telecommunications cable installed in the Corridors and Lessee shall coordinate such relocation with Lessor and shall perform or cause to be performed such relocation in conjunction with and based on Lessor’s relocation schedule so that such Lessee relocation does not impede, delay, conflict or cause obstruction to Lessor relocation of the New Premises Landlord WorkFiber Backbone, it being understood including Lessor-owned infrastructure and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broomLessor-clean, de-commissioned and de-contaminated condition as specified owned lateral fiber optic telecommunications cable in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordCorridors.
Appears in 1 contract
Samples: Fiber Lease Agreement
Relocation. Landlord may elect by notice to Tenant to substitute for the Premises other office space in the Building designated by Landlord and reasonably satisfactory to Tenant (“Substitute Premises”), provided that the Substitute Premises shall make reasonable efforts to relocate contain at least the same usable area as the Premises. Landlord shall, at Landlord’s expense, be responsible for: (a) completion of all improvements to the New Substitute Premises, (b) moving all of Tenant’s property, (c) prompt reimbursement of all Tenant’s reasonable out-of-pocket expenses incurred by Tenant in conjunction with Xxxxxx’s move from the Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Substitute Premises prior to June 30provided such costs are approved by Landlord in advance, 2014 if such an earlier date is which approval shall not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014unreasonably withheld. Tenant shall be deemed vacate and surrender the Premises and shall occupy the Substitute Premises within 5 days after Landlord has substantially completed the work to be performed by Landlord in Default if the Substitute Premises pursuant to this Paragraph. Tenant has not both: a) relocated shall pay the same Rent with respect to the New Substitute Premises and b) delivered possession as was payable with respect to the Premises, notwithstanding that the usable area of the Existing Substitute Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession may be greater than that of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this This Lease shall be Landlord remain in full force and that following said date the Landlord under this Lease shall become New Landlordeffect, and that following the New Substitute Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant deemed the Premises. Definition of “Affiliate.” For purposes of this Lease, the term “Affiliate” shall mean (i) any person directly or indirectly controlling, controlled by or under common control with the Tenant; or (ii) any person that, directly or indirectly, owns or controls 50% or more of the outstanding voting securities or beneficial interests of such other person or entity. American with Disabilities Act. Landlord does not guarantee or represent that the Building is in compliance with the Americans with Disabilities Act (ADA). However, Xxxxxxxx agrees that any additional improvements made to the Building will comply with the ADA, to the extent required. Time is of the Essence. The time of the performance of all of the covenants, conditions and New Landlordagreements of this Lease is of the essence of this Lease.
Appears in 1 contract
Samples: Lease Agreement