Common use of Relocation Clause in Contracts

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

Sources: Lab Lease (OmniAb, Inc.), Lease Agreement (Avista Public Acquisition Corp. II), Lab Lease (OmniAb, Inc.)

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

Sources: Lease (Cabaletta Bio, Inc.), Lease (Cabaletta Bio, 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 Landlord.relocation.‌

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

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 ▇▇ sale for said leasehold improvements.

Appears in 2 contracts

Sources: Retail Space Lease (Silicon Entertainment Inc /Ca/), Retail Space Lease (Silicon Entertainment Inc /Ca/)

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

Sources: Lease (Paratek Pharmaceuticals, Inc.), Lease (Paratek Pharmaceuticals, Inc.)

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

Sources: Office Lease Agreement, Office Lease Agreement (scPharmaceuticals Inc.)

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

Sources: Consent to Sublease Agreement (Metasolv Inc)

Relocation. Landlord reserves the right at any time prior to the Commencement Date or during the Lease 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 and (2) Landlord pays all reasonable moving costs and relocation costs incurred by Tenant in connection with such move, including, without limitation, costs of reprinting a reasonable amount of stationery, reconnecting computers and telecommunication equipment. 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 ▇▇▇▇▇ 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 said sixty (60) 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 said sixty (60) 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 sixty (60) 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 Lease Term). 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 make its election within seven ten (710) 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 first said sixty (60) day period and shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between give Tenant and New Landlordwritten notice thereof specifying its election.

Appears in 1 contract

Sources: Lease Agreement (Corporate Office Properties Trust)

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

Sources: Site Lease Agreement

Relocation. Tenant Landlord shall make reasonable efforts have the right to relocate the Premises to another part of the Building or to Metro II Office Building located at 555 Metro Park Place, Columbus, Ohio 43017 upon the following condi▇▇▇▇▇: (▇) ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇es shall be substantially the same in size, dimensions, configuration and decor as the Premises before such relocation, or shall be placed in such condition by Landlord at it sole cost and expense; (b) Landlord shall give Tenant not. less than sixty (60) days' written notice of Landlord's intention to so relocate Tenant; (c) the location of the personal property of Tenant in and upon the Premises shall be effected by Landlord at the time of such relocation at its sole cost and expense and during hours other than Business Hours to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Workextent reasonably possible; provided, it being understood and agreed by the parties thathowever, 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 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 possession of the New Premises to Tenant subject to the aforementioned right accomplished during hours other than Business Hours, Base Rent otherwise payable by Tenant to defer occupancy prior the extent allocable to June 30that portion of the Premises which cannot be occupied and used by Tenant during Business Hours shall be abated; (d) Landlord shall reimburse Tenant for the reasonable out-ofpocket costs incurred by Tenant in changing Tenant's address on stationery, 2014business cards, directories, advertising, and other such similar items; and Landlord shall pay for the cost of Tenant's voice and data wiring in the relocated premises. (e) Landlord shall not have the right to relocate Tenant pursuant to this Section 36 more than one (1) time during the initial term of this Lease and more than one (1) time during any renewal or extension thereof. Upon the occurrence of any relocation pursuant to this Section 36, Landlord and Tenant shall be deemed immediately execute an amendment to be in Default if Tenant has not both: a) relocated this Lease reflecting the relocation of the Premises, and, at the request of either party, an amendment to the New Premises and b) delivered possession memorandum of the Existing Premises back to Landlord in broom-cleanlease, 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 Premisesif any, 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 which amendment may thereafter be construed as a lease agreement solely between Tenant and New Landlordrecorded.

Appears in 1 contract

Sources: Standard Office Lease (Ydi Wireless Inc)

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 ▇▇▇▇▇ 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

Sources: Lease Agreement (Dialysis Corp of America)

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.

Appears in 1 contract

Sources: Lease Agreement (3dx Technologies Inc)

Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion For purposes of the New First Floor Additional Premises only, the following terms and provisions regarding relocation shall be applicable: "Landlord Workreserves the right to designate another location in the Building for the First Floor Additional Premises at any time during the Lease Term, it being understood and agreed by if Landlord elects to so designate a new location for the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord WorkFirst Floor Additional Premises, Tenant shall have no obligation to relocate to will vacate the New old First Floor Additional Premises prior to June 30and move into the new First Floor Additional Premises (which will contain substantially the same number of square feet of Rentable Space as the old First Floor Additional Premises) when the finish-out improvements therein are substantially completed; provided, 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 30however, 2014. that Tenant shall be deemed notified in writing at least ninety (90) days prior to be said relocation, and Landlord shall pay all reasonable out-of-pocket moving expenses and all reasonable expenses for redesigning the new First Floor Additional Premises in Default if Tenant has not both: a) relocated a manner reasonably comparable to the New Premises and b) delivered possession design of the Existing old First Floor Additional Premises. In the event the First Floor Additional Premises back to Landlord in broom-cleanare relocated, de-commissioned Base Rental 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 's Additional Rental shall thereafter be construed as a lease agreement solely between Tenant and New Landlordcalculated hereunder on the basis of the total Rentable Space of the new First Floor Additional Premises."

Appears in 1 contract

Sources: Lease Agreement (Acacia Research Corp)

Relocation. Landlord, at its sole expense, on at least ninety (90) days’ prior written notice (“Notice”) to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable quality, size and decor in the Building or in the Project in order to permit Landlord to consolidate the Premises with other adjoining space leased or to be leased to another tenant in the Building, or to allow Landlord to perform work on the Building; provided, however, that Tenant shall make reasonable efforts have the right to terminate this Lease by written notice given to Landlord not more than thirty (30) days after Tenant’s receipt of Notice to relocate and in such event the Lease shall terminate ninety (90) days following the Notice date. 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 as soon as is practical after Substantial Completion Premises, (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling), and (c) incurred and documented by Tenant, up to a maximum amount of $2,500.00, in notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenant’s relocation. Furthermore, in the event of any such relocation, if the rentable square footage of the New Premises Landlord Work, it being understood and agreed by new premises is greater than the parties that, notwithstanding the date of Substantial Completion rentable square footage of the New Premises Landlord Workoriginal Premises, Tenant shall have no obligation not be required to relocate to the New Premises prior to June 30pay any amount of rent, 2014 if such an earlier date is not reasonably convenient for including Fixed Rent and Tenant’s business operations. The New Premises Commencement Date shall be the date upon Share of Recognized Expenses, in excess of that 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 would pay under this Lease shall be Landlord and that following said date had 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 been relocated as a lease agreement solely between Tenant and New Landlordaforesaid,.

Appears in 1 contract

Sources: Lease (Cadista Holdings Inc.)

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

Sources: Lease (Tekelec)

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

Sources: Lease (Imagex Com Inc)

Relocation. Tenant agrees that within five (5) business days of the New Possession Date (as hereinafter defined) it shall relocate from the Current Premises to that certain premises located on the 19th floor of the Building and consisting of approximately 2,362 square feet as shown "cross-hatched" on the site plan attached hereto as Exhibit A (the "New Premises"), and such relocation shall be in accordance with all the terms and conditions of this Second Amendment. Possession of the New Premises shall be deemed to have been tendered and accepted on the date (the "New Possession Date") Landlord delivers a possession notice to Tenant. Notwithstanding the foregoing, Landlord agrees that it shall not deliver a possession notice to Tenant until it has substantially completed all of the Landlord's Work (as defined in Paragraph 3 below) in the New Premises. Tenant acknowledges and agrees that, subject to the provisions of Paragraph 3 below and any punchlist items relating to Landlord's Work, Tenant is accepting the New Premises "as-is" with no representation and warranty by Landlord as to the condition or suitability of the New Premises for Tenant's intended use. On or before the New Possession Date, Tenant shall make reasonable efforts provide Landlord with written evidence in form and substance satisfactory to Landlord that the insurance Tenant is required to carry pursuant to Paragraph 11 of the Lease covers the New Premises. During the period commencing on the New Possession Date and continuing through and including the date Tenant completely vacates and surrenders the Current Premises, as more particularly described herein, the term "Premises" shall be deemed to refer to both the New Premises and the Current Premises, except as specifically stated herein. (i) relocate to the New Premises; (ii) commence conducting business therein; and (iii) surrender the Current Premises to Landlord pursuant to Paragraph 21 of the Lease. Tenant may relocate to the New Premises as soon as is practical after Substantial Completion at any time during the Relocation Period. During the period commencing on the New Possession Date and continuing through 11:59 P.M. (Central Standard Time) of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of immediately preceding the New Premises Landlord WorkCommencement Date (as hereinafter defined), Tenant shall have no obligation continue to relocate to pay Base Rent and Base Rent Adjustments, as such terms are defined in the New Premises prior to June 30Lease, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be in the date upon which New Landlord achieves Substantial Completion of amounts and in 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 manner set forth in the Lease within seven (7) days after New Landlord’s delivery and all such items of possession rent determined on the basis of the square footage of the Leased Premises shall be calculated on the basis of 2,362 square feet. Notwithstanding anything to the contrary contained in the Lease or this Second Amendment, Tenant is required to conduct business in the Current Premises through the end of the normal business hours on the date immediately preceding the date Tenant commences to conduct business in the New Premises, again subject to . In the April 30, 2014 date. event that Tenant hereby agrees and acknowledges that does not vacate the Current Premises on or prior to the New Premises CommencementCommencement Date, all of the Landlord under this provisions of the Lease shall continue to apply to the Current Premises and Tenant shall be Landlord considered to be a holdover Tenant in the Current Premises 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 all of the right and remedies with respect to Tenant, such holding over set forth in Paragraph 19 of the Lease and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordavailable at law or in equity.

Appears in 1 contract

Sources: Lease (Medialink Worldwide Inc)

Relocation. Tenant acknowledges that CyberOptics Corporation ("CyberOptics") or its successor or assignee is a tenant of the Building and has, during the Term, a prior right to expand its leased premises into the floor area on which the Premises are located. If CyberOptics properly exercises its expansion right and gives Lessor written notice thereof on or before October 1, 1998, then Lessor shall, on or before November 2, 1998, notify Tenant in writing of such exercise and shall also specify whether Lessor has commenced construction of or will be constructing a second building as part of its Golden Hills Development (the "Phase II Building"). If Lessor has not and will not be constructing the Phase II Building, then Lessor's notice to Tenant shall make reasonable efforts inform Tenant that it must vacate the Premises as of June 30, 1999. In such event, Tenant shall vacate the Premises on or before June 30, 1999, the Lease shall terminate as of June 30, 1999, and the parties hereto shall have no further rights or obligations hereunder except as the same may have accrued prior to the Lease termination date. If Lessor has commenced or will be constructing the Phase II Building, and if Tenant is occupying the Premises at the time of Lessor's notice, then Lessor will further notify Tenant that Lessor will relocate Tenant for the remainder of the Term, effective as of July 1, 1999, to a new premises in the Phase II Building similar in area and appropriateness for Tenant's purposes ("New Premises"). If Tenant is relocated, all of the terms of this Lease (excepting this Section 35) shall remain in full force and effect, Lessor shall pay the expenses of improving the New Premises with improvements comparable to those located in the Premises, and Tenant shall pay all expenses of moving Tenant, its property, signage and equipment to the New Premises, including stationery and telephone relocation costs. Tenant further acknowledges that CyberOptics has a prior right to expand its leased premises into the floor area in the Phase II Building where the New Premises would otherwise be located. If CyberOptics properly exercises its Phase II Building expansion option on or before October 1, 2001, then Lessor shall, on or before October 31, 2001, notify Tenant in writing of such exercise and shall inform Tenant that it must vacate the New Premises as soon as is practical after Substantial Completion of June 30, 2002. In such event, Tenant shall vacate 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 on or before June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date 2002, this Lease shall be the date upon which New Landlord achieves Substantial Completion terminate as 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 Landlord2002, and that following the New Premises Commencement Date Landlord parties hereto shall have no further right or obligations nor liabilities hereunder except as the same may have accrued prior to Tenant, and that this the Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordtermination date.

Appears in 1 contract

Sources: Lease (Videolabs Inc)

Relocation. Landlord shall have the right, upon at least ninety (90)-days’ Notice to Tenant shall make reasonable efforts (“Relocation Notice”), 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 Base Rent, Breakpoint and other charges based upon the Floor Area in the New Premises, (c) Landlord shall pay to Tenant, within thirty (30) days of 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 either perform and pay, or cause Tenant to perform and Landlord shall pay for all reasonable 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 Relocation Notice, Landlord Work, it being understood and agreed by shall specify which party shall be responsible for construction of the parties that, notwithstanding the date of Substantial Completion of leasehold improvements in the New Premises Landlord Workand set forth a timetable for completion of the leasehold improvements in the New Premises. If the New Premises is unacceptable to Tenant for any reason, Tenant shall have no obligation the right as its sole and exclusive remedy, upon 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 of possession of the New PremisesRelocation Notice, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under terminate 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 on thirty (30)-days’ Notice. Landlord shall have no further obligations nor liabilities pay to Tenant, within sixty (60) days after said Notice and that this Lease 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 21.10. For purposes of calculating the book value of Tenant’s leasehold improvements, the amount of the Tenant Improvement Allowance, if any, shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.excluded

Appears in 1 contract

Sources: Retail Lease (Yoshiharu Global Co.)

Relocation. Tenant shall make reasonable efforts to relocate to At any time after the date of this Lease, Landlord may substitute for the Premises other premises in the Building (the “New Premises”), in which event 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 thereafter shall be deemed to be the Premises for all purposes under this Lease, provided that: (a) the New Premises shall be similar to the Premises in Default square footage, area, directional views, finishes, configuration and on a floor located in the highrise elevator bank; (b) if Tenant has is then occupying the Premises, Landlord shall give Tenant not both: aless than sixty (60) relocated days prior written notice of such substitution; (c) if Tenant is then occupying the Premises, Landlord shall pay the actual and reasonable expenses of physically moving Tenant, its then existing property and its then existing equipment to the New Premises and bLandlord shall pay the actual and reasonable expenses of replacing the then unusable printed materials of Tenant; (d) delivered possession of Landlord, at its expense, shall improve the Existing New Premises back in a manner substantially similar to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified those in the Premises at the time of such substitution, as mutually agreed between Tenant and Landlord; and (e) Tenant shall execute an amendment to this Lease substituting the New Premises for the Premises described in this Lease and all other provisions of this Lease shall remain in full force and effect. If Tenant fails to execute such amendment within fifteen (15) days of Landlord's demand that such amendment be executed and vacate the Premises described above and occupy the New Premises within thirty (30) days of such demand, then Landlord, at its option, and in addition to any rights available to it whether hereunder or otherwise, may terminate this Lease by giving written notice to Tenant. Landlord and Tenant agree that if the New Premises are not ready for occupancy at the conclusion of said thirty (30) days as a result of Landlord's actions, Tenant shall take possession and occupy the New Premises 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 notification by Landlord 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 Landlordare ready for occupancy.

Appears in 1 contract

Sources: Office Building Lease

Relocation. In order to accommodate a tenant of 10,000 rentable square feet or more, Landlord shall have the right at any time during the Term to relocate the entire Premises to another part of the Building or to another building in the Project in accordance with the following: (a) The new premises shall (i) have the same or not more than fifty percent (50%) more than the usable and rentable area as the Premises described in this Lease, (ii) be contiguous space located on the 8th floor or higher and have comparable or better views, (iii) have a comparable layout and décor, and (iv) have tenant improvements of equal or greater quality, appearance, condition and function (for Tenant’s purposes) as the original Premises; (b) The physical relocation of the Premises, including, without limitation, the relocation of cabling, wiring, telephone lines and computer equipment, and moving of Tenant’s furniture, equipment, supplies, and personal property to the relocated premises shall be accomplished by Landlord at its cost; (c) Landlord shall deliver to Tenant at least ninety (90) days prior written notice of Landlord’s intention to relocate the Premises (a “Relocation Notice”), which Relocation Notice shall identify the proposed Relocated Premises and set for the date by which the relocation shall have occurred (the “Relocation Date”). Tenant shall make reasonable efforts have the right, exercisable by delivery of written notice to relocate Landlord (a “Relocation Termination Notice”) within ten (10) business days of delivery to Tenant of a Relocation Notice, to terminate this Lease, in which event Tenant shall vacate and surrender the New Premises as soon as is practical after Substantial Completion to Landlord in accordance with this Lease on or before the Relocation Date and this Lease shall terminate upon the later of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion such surrender or the Relocation Date; provided, further, upon receipt of a Relocation Termination Notice from Tenant, Landlord shall have the right, exercisable upon delivery of written notice to Tenant to rescind its Relocation Notice and Tenant’s right to terminate this Lease; (d) The physical relocation of the New Premises shall take place on a weekend and shall be substantially completed before the Monday following the weekend in which the relocation takes place. If the physical relocation has not been completed in that time, Rent shall ▇▇▇▇▇ from the time the physical relocation commences to the time it is substantially completed; (e) Reasonable, out-of-pocket costs incurred by Tenant as a result of the relocation, including, without limitation, costs incurred in changing addresses on stationery, business cards, directories, advertising, and other such items, shall be paid by Landlord, in a sum not to exceed seven thousand five hundred dollars ($7,500.00); (f) Landlord Work, Tenant shall not have no obligation the right to relocate to the New Premises prior to June 30the end of the eighteenth (18th) month or more than once during the Term of this Lease; (g) If the relocated Premises is a different square footage than the Premises described in this Lease, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date the Base Rent shall be adjusted to a sum computed by multiplying the Base Rent specified in the Basic Lease Information by a fraction, the numerator of which shall be the date upon total number of rentable square feet in the relocated Premises, and the denominator of which New Landlord achieves Substantial Completion shall be the total number of rentable square feet in the Premises before relocation, provided, however, in no event shall the Base Rent or Tenant’s Proportionate Share(s) be increased as a result of such relocation; and (h) The parties shall immediately execute an amendment to this Lease stating the relocation 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 the adjustment of the Existing Premises back to Landlord in broom-cleanBase Rent and Tenant’s Proportionate Share(s), 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 Landlordif any.

Appears in 1 contract

Sources: Office Lease Agreement (Arrowhead Research Corp)

Relocation. Tenant shall make reasonable efforts to relocate to the New Premises Effective on and as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding earliest to occur of (i) the date that the Tenant Improvements are Substantially Completed, (ii) the date that the Tenant Improvements would have been Substantially Completed but for Tenant Delays or (iii) the date that Tenant commences business operations from the Relocation Premises (such earliest date being the “Relocation Date”), the “Premises” (as such term is used in the Lease) shall be relocated from the Existing Premises to that certain space consisting of Substantial Completion approximately 8,160 rentable square feet of space designated as Suite 430 (the “Relocation Premises”) in the building located at ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ (“Building M4”), upon and subject to all of the New Premises Landlord Workexisting terms and provisions of the Lease, 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 operationsexcept as otherwise amended herein. The New Terms “Tenant Improvements,” “Substantially Completed” and “Tenant Delays” are defined in the Work Letter attached hereto as Exhibit B and incorporated herein for all purposes. The Relocation Premises Commencement Date shall be is more particularly described and depicted 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, 2014floor plan attached as Exhibit A hereto. Tenant shall be deemed permitted to be in Default if Tenant has not both: a) relocated to access the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-cleanRelocation Premises, de-commissioned and de-contaminated condition as specified in the Lease within seven at no additional cost, thirty (730) 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 date that Landlord estimates that the Tenant Improvements will be Substantially Completed in order to set up its furniture, fixtures and equipment; provided, however, if Tenant commences business operations from the Relocation Premises Commencementduring this period, then the Landlord under this Lease Relocation Date shall be Landlord and commence on the date 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 Landlordcommences business operations.

Appears in 1 contract

Sources: Lease Agreement (Virtuix Holdings Inc.)

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 Tena▇▇’▇ ▇elocation. 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 Tena▇▇’▇ ▇eceipt 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 Land▇▇▇▇’▇ ▇eceipt 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 Tena▇▇’▇ ▇ermination notice.

Appears in 1 contract

Sources: Lease (Paratek Pharmaceuticals, Inc.)

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

Sources: Purchase and Sale Agreement

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

Sources: Office Lease (Dynavax Technologies Corp)

Relocation. Tenant acknowledges that, upon not less than thirty (30) days’ prior written notice from Landlord, Landlord shall have the right to relocate Tenant to another premises within the ▇▇▇▇▇▇ Technology Park II Project. Tenant acknowledges that such relocation right reserved to Landlord shall be exercisable in Landlord’s sole discretion, for purposes of accomplishing Landlord’s plan for the delicate Tenant mix and harmony within the Project; provided, however, that any such relocation shall be at Landlord’s expense but only to the extent necessary to insure that upon such relocation Tenant shall make reasonable efforts occupy a Premises of substantially the same square footage, have similar views, utility capacity, and basic amenities as were provided to relocate to the New Premises Tenant as soon as is practical after Substantial Completion part of the New Premises Landlord Work, it being understood and agreed by leased hereunder. The parties acknowledge that the parties that, notwithstanding the date nature 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 operationsmay require Tenant to obtain certain licenses, approvals and/or permits from regulatory authorities (which are location-specific) in order to operate its business. Landlord agrees to bear all reasonable costs of obtaining such licenses, approvals and permits for the alternate premises. In addition, Landlord shall bear all reasonable direct expenses of relocating Tenant’s furnishings, trade fixtures and equipment, to the new premises. The New relocation will take place over a weekend to minimize disruption to Tenant’s business. Upon the completion of such relocation, all references in this Lease to the Premises Commencement Date shall be refer to the date new premises. Tenant shall, upon which New Landlord achieves Substantial Completion request by Landlord, execute an amendment to this Lease reflecting the substitution 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 Landlordother premises pursuant hereto.

Appears in 1 contract

Sources: Standard Industrial Lease (ONCOSEC MEDICAL Inc)

Relocation. Tenant (a) Subject to Section 8, the Original Premises shall make reasonable efforts be relocated to relocate the premises shown on Schedule “A” attached hereto and identified as Unit 100 comprising approximately 5,000 square feet (the “Relocated Premises”). If required by the Landlord, the rentable area will be measured by the Landlord’s architect and all rent that is calculated upon it will be adjusted accordingly retroactive to the New Commencement Date (defined below). (b) The Tenant shall not vacate nor close the Existing Premises for business until the New Commencement Date. In no event will the Tenant provide vacant possession of the Existing Premises later than five (5) days following the New Commencement Date. (c) Prior to the Possession Date (as soon defined below) the Landlord shall provide, at its expense, complete all work described in Schedule “B” attached hereto with respect to the Relocated Premises (collectively, the “Landlord’s Work”). (d) The Tenant will be given a fixturing period of ninety (90) days (the “Fixturing Period”) commencing on the date set out in a written notice from the Landlord advising when the Landlord’s Work will be substantially completed in the Relocated Premises and the Relocated Premises is ready for the commencement of the Tenant’s work (the “Possession Date”). The estimated Possession Date is one hundred and eighty (180) days from the date this Agreement is fully executed and unconditional. During the Fixturing Period the Tenant will work diligently to complete all of the Tenant’s work to install its fixtures and inventory and to open for business within the Relocated Premises. During the Fixturing Period the Tenant will not be responsible to pay rent for the Relocated Premises except for that arising by virtue of a default of the Tenant and except for utilities and garbage removal in respect of the Relocated Premises. All other terms of the Lease shall apply during the Fixturing Period. However, the Tenant will not be permitted access to the Relocated Premises until it has delivered to the Landlord: (i) a certificate of general liability insurance from its contractor in accordance with the Landlord’s general requirements and a certificate from the Tenant’s insurers indicating that all insurance required under the Lease is in full force and effect, and until this Agreement is fully executed by the Landlord and Tenant; (ii) the Tenant’s professionally prepared plans and drawings of the Tenant’s work which is subject to the Landlord’s prior written approval (not to be unreasonably withheld); and (iii) confirmation that the Tenant has obtained all necessary permits to undertake the Tenant’s work. (e) The rent commencement date of the Relocated Premises will be the earlier to occur of (i) the day immediately following the last day of the Fixturing Period referred to above, (ii) the date on which the Tenant first opens any part of the Relocated Premises to the public for business and (iii) the first anniversary of this Agreement (the “New Commencement Date”). Effective as is practical after Substantial Completion of the New Premises Landlord WorkCommencement Date, it being understood and agreed by all references in the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation Lease 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 “Premises” shall be deemed to be in Default if amended to be the Relocated Premises. (f) From the Possession Date, the Tenant has not both: a) relocated will have the right at its sole cost to install its signage on the bulkhead entrance to the New Relocated Premises and b) delivered possession signage on the exterior 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 Relocated Premises, again subject to the April 30Landlord’s prior written approval and in accordance with municipal standards. All other signage including any pylon and directional signage will be as agreed to by both parties acting reasonably. (g) Subject to Section 6 below, 2014 date. other than Landlord’s Work and any obligations of the Landlord under the Lease, all further renovations, alterations or improvements in or to the Relocated Premises are the sole responsibility of the Tenant hereby agrees and shall be undertaken and completed at the Tenant’s expense and strictly in accordance with the provisions of the Lease and this Agreement. (h) The Tenant acknowledges that prior the Landlord is going to redevelop the Shopping Centre and there may be noise and other disruptions to the New Premises CommencementShopping Centre. As a result of any construction, the Tenant acknowledges that, it shall not be entitled to any compensation, or reduction or abatement of rent in connection therewith, provided that notwithstanding the foregoing, the Landlord under this Lease shall be Landlord agrees to use reasonable commercial efforts to minimize interruptions to vehicular and that following said date pedestrian traffic and interferences with the Landlord under this Lease shall become New Landlord, ordinary and that following lawful enjoyment of 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 LandlordRelocated Premises.

Appears in 1 contract

Sources: Lease Extension and Amending Relocation Agreement

Relocation. Tenant The provisions of Section 8.18, as set forth in the original Lease, shall make reasonable efforts continue to relocate apply to the New Premises as soon as is practical after Substantial Completion 18th Floor Premises, without regard to the modifications set forth in the next paragraph for the 26th Floor Premises. In addition, the provisions of Section 8.18 of the New original Lease shall also apply separately to the 26th Floor Premises Landlord Workwith the modifications set forth in this paragraph below. Effective as of the Delivery Date, Section 8.18 of the Lease is hereby amended by changing the reference to “Floor 14” to “Floor 22” and the reference to “one month after receipt of such notice” to “three (3) months after receipt of such notice.” Landlord’s notice shall include a floor plan identifying the new premises, which premises shall have a Rentable Floor Area equal to or greater than 19,000 square feet of Rentable Floor Area (it being agreed that if the Rentable Floor Area of the replacement premises is greater, the Annual Fixed Rent with respect to the replacement premises shall not be increased above the Annual Fixed Rent from time to time payable for the original Premises) and shall be similar thereto in configuration and lay-out. Any such relocation under Section 8.18 shall occur on only one occasion after the fifth (5th) Rent Year. In addition to Landlord’s obligations associated with a relocation under Section 8.18, prior to relocation, Landlord, at Landlord’s cost and expense, shall perform the work necessary to construct in the replacement premises the Tenant Work and Finish Work previously made in the Premises, and including, without limitation, all risers, wiring, cabling, wiring for computers and telecommunications equipment and installation of all related equipment (it being understood that such work shall be of similar quality and agreed by quantity to that then existing in the parties that, notwithstanding Premises). Landlord agrees that it shall use contractors reasonably satisfactory to Tenant for the date installation in the replacement premises of Substantial Completion of the New Premises Landlord Tenant Work and Finish Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30fixtures, 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 telecommunications equipment, computers 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.related wiring and

Appears in 1 contract

Sources: Office Lease (Thomas Weisel Partners Group, Inc.)

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 ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ 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 ▇▇▇▇▇▇ 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 Work▇▇▇▇▇▇’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

Sources: 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

Sources: Lease Agreement (Icon Health & Fitness 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, this 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 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, gives the Landlord a notice accepting it or does not give a termination notice 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.clause

Appears in 1 contract

Sources: Lease Agreement

Relocation. Landlord and Tenant agree that Tenant shall make reasonable efforts relocate from the Original Premises to relocate other premises containing approximately 29,324 square feel on the third (3rd) floor of the Building (the “New Premises”), in accordance with the terms and conditions of this Amendment. On or before the New Premises Delivery Date (as defined below), Tenant shall provide Landlord with written evidence in form and substance satisfactory to Landlord that the insurance Tenant is required to carry pursuant to Article 7 of the Lease covers the New Premises (in addition to the Original Premises) and ▇▇▇▇▇▇’s business and other activities conducted therein. During the period commencing on the New Premises Delivery Date and continuing through and including the date Tenant completely vacates and surrenders the Original Premises to Landlord as more particularly described herein, the term “Premises” shall be deemed to refer to both the New Premises and the Original Premises. Such relocation from the Original Premises to the New Premises as soon as is practical after Substantial Completion of shall be performed and completed within the period (the “Relocation Period”) commencing on the New Premises Landlord WorkDelivery Date and expiring thirty (30) days thereafter, it being understood and agreed during times reasonably determined solely by Landlord. During the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord WorkRelocation Period, Tenant shall have no obligation use its best efforts to relocate to not interfere with or disrupt the operations of Landlord or other tenants and occupants of the Building. “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 Delivery Date” shall be mean 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 with 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 Landlord’s New Premises and b) delivered possession Work Substantially Complete (as defined in Section 6 below). The New Premises Delivery Date will be no earlier than receipt 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 City of possession Danbury Certificate of Occupancy for 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 1 contract

Sources: Lease Agreement (908 Devices Inc.)

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

Sources: Lease Agreement (Twinlab Consolidated Holdings, Inc.)

Relocation. Tenant shall make reasonable efforts to relocate to the New Premises Effective as soon as is practical after Substantial Completion of the New Premises Effective Date (defined below), 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 leases to Tenant, and that this Tenant hereby leases from Landlord, the Relocation Premises on the terms and conditions of the Lease as herein modified. Accordingly, on the Effective Date, (a) subject to Section 10 hereof, the Lease shall terminate as to the Current Premises, (b) the Relocation Premises shall be the “Premises”, and (c) the monthly Basic Rent shall be as set forth below. Tenant accepts the Relocation Premises in an “AS-IS” condition, and Landlord shall not be required to perform any demolition or tenant-finish work therein or provide any allowances therefor, except as expressly set forth in Section 6 below. As used herein, the “Effective Date” means the earliest of (1) the date on which Tenant occupies any portion of the Relocation Premises and begins conducting business therein, (2) the date on which the Work (as defined in Exhibit B hereto) in the Relocation Premises is Substantially Completed (as defined in Exhibit B hereto), or (3) the date on which the Work in the Relocation Premises would have been Substantially Completed but for the occurrence of any Tenant Delay Days (as defined in Exhibit B hereto). Landlord and Tenant presently anticipate that possession of the Relocation Premises will be tendered to Tenant in the condition required by this Amendment on or about the 120th day following full execution of this Amendment by Landlord and Tenant the “Estimated Delivery Date”). If Landlord is unable to tender possession of the Relocation Premises in such condition to Tenant by the Estimated Delivery Date, then (A) the validity of this Amendment or the Lease shall not be affected or impaired thereby, (B) Landlord shall not be in default hereunder or be liable for damages therefor, and (C) Tenant shall accept possession of the Relocation Premises when Landlord tenders possession thereof to Tenant. Notwithstanding the foregoing, if the Work in the Relocation Premises is not Substantially Completed by the Abatement Date, daily Basic Rent for the Current Premises shall be abated for each day thereafter and ending on the day Landlord tenders possession of the Relocation Premises (with the Work to be construed as performed by Landlord therein Substantially Completed). The abatement rights afforded to Tenant under this Section 1 shall be Tenant’s sole remedy for Landlord’s failure to timely Substantially Complete the Work in the Relocation Premises. As used herein, “Abatement Date” means the Estimated Delivery Date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days. As used herein, “Force Majeure Delay Days” means any delay in achieving Substantial Completion with respect to the Work for the reasons specified in Section 25.3 of the Original Lease. Within ten business days following Landlord’s written request therefor, Tenant shall execute and deliver to Landlord a lease agreement solely between letter substantially in the form of Exhibit C hereto confirming (i) the Effective Date, (ii) that Tenant has accepted the Relocation Premises, and New Landlord(iii) that Landlord has performed all of its obligations with respect to the Relocation Premises (except for punch-list items specified in such letter); however, the failure of the parties to execute such letter shall not defer the Effective Date or otherwise invalidate the Lease or this Amendment.

Appears in 1 contract

Sources: Lease Agreement (Mimecast LTD)

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

Sources: Lease Agreement (Rentech Inc /Co/)

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.

Appears in 1 contract

Sources: Office Lease (Surgical Care Affiliates, Inc.)

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

Sources: Office Lease (Vsource 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, this 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 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, gives the Landlord a notice accepting it or does not give a termination notice 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.clause

Appears in 1 contract

Sources: Lease Agreement

Relocation. Landlord shall have the right, at any time and from time-to-time prior to the date which is twelve (12) months prior to the Expiration Date, upon not less than one hundred twenty (120) days' prior notice to Tenant shall make (a "Relocation Notice"), to provide and furnish Tenant with replacement premises elsewhere in the Building or in either of ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, with such replacement premises to be substantially the same size, buildout, and visibility, as determined by Landlord in its reasonable efforts discretion (the "Substitute Premises"), and to relocate Tenant from the Premises to the New Premises as soon as is practical after Substantial Completion of Substitute Premises. If Landlord relocates Tenant to the New Premises Landlord WorkSubstitute Premises, it being understood and agreed by the parties thatthen, notwithstanding the date of Substantial Completion size of the New Substitute Premises, the Base Rent payable with respect to the Substitute Premises shall not exceed the Base Rent payable with respect to the Premises. If Landlord Workrelocates Tenant to the Substitute Premises, then Landlord shall, at its sole cost and expense, improve the Substitute Premises in a manner substantially comparable to the Premises immediately preceding such relocation, and on the date specified on the Relocation Notice Landlord shall, at its sole cost and expense, move the equipment, personal property and personnel of Tenant to the Substitute Premises and reinstall and reconstruct such improvements, equipment and personal property in the Substitute Premises in a manner and fashion reasonably comparable to the Premises. Upon the exercise by Landlord of the foregoing relocation right, this Lease and each of the terms, covenants and conditions hereof shall remain in full force and effect and be applicable to the Substitute Premises. In such event, effective as of the date specified in the Relocation Notice, Tenant shall vacate and surrender the original Premises in accordance with the terms and conditions of this Lease, and the Substitute Premises shall thereafter be deemed to be substituted for the original Premises and Tenant shall have no obligation to relocate further rights or interests in or to the New Premises prior to June 30original Premises. After delivery of a Relocation Notice, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date the provisions of this Article 26 shall be self-operative; however, at either party's request, Landlord and Tenant shall enter into an amendment of this Lease confirming the date upon which New Landlord achieves Substantial Completion relocation 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 1 contract

Sources: Lease Agreement (Trillium Therapeutics Inc.)

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

Sources: Lease Agreement

Relocation. Landlord may elect by notice to Tenant to substitute for the Premises other office space in the Building or the Office Park (the Substitute Premises) designated by Landlord and reasonably satisfactory to Tenant, provided that the Substitute Premises shall make reasonable efforts to relocate contain at least the same usable area as the Premises and have a configuration substantially similar to the New Premises as soon as is practical after Substantial Completion Premises. Landlord shall, at Landlord's expense, be responsible for: (a) 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 all 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 Substitute Premises to Tenant's reasonable satisfaction, (b) moving all of Tenant's property, (c) prompt reimbursement of all Tenant's reasonable out-of-pocket expenses incurred by Tenant subject in connection with Tenant's move from the Premises to the aforementioned right Substitute Premises provided such costs are approved by Tenant to defer occupancy prior to June 30Landlord in advance, 2014which approval shall not be unreasonably withheld. Tenant shall vacate and surrender the Premises and shall occupy the Substitute Premises within 15 days after Landlord has substantially completed the work to be performed by Landlord in the Substitute Premises pursuant to this Section. Tenant shall pay the same Rent with respect to the Substitute Premises as was payable with respect to the Premises, notwithstanding that the usable area of the Substitute Premises may be greater than that of the Premises. This Lease shall remain in full force and effect, and the Substitute Premises shall thereafter 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 1 contract

Sources: Sublease Agreement (Demandstar Com 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

Sources: Site Lease Agreement

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 inc▇▇▇▇▇ by Tenant as a consequence of such move shall be absorbed by Tena▇▇. ▇▇thin 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 ▇▇ ▇▇▇er 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

Sources: Lease Agreement (FNB Bancorp/Ca/)

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 ▇▇▇▇▇▇’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

Sources: Fourth Lease Amendment Agreement (World Wrestling Entertainmentinc)

Relocation. (a) Tenant acknowledges that Landlord shall make reasonable efforts have an absolute right from time to time to relocate the Premises within the Project, at Landlord's cost, at any time during the Lease Term, provided that the premises to which Tenant is relocated (i) shall be no less than eighty-five percent (85%) of the size of the original premises, (ii) shall have the prominence of location and visibility that is reasonably equivalent to or better than the original premises, (iii) shall be located in an area having substantially similar levels of pedestrian foot traffic, and (iv) shall be appropriately configured for the restaurant use of the original premises. If Landlord exercises its right to relocate Tenant pursuant to this Section, Landlord shall notify Tenant in writing (the "Relocation Notice") specifying the location of the new premises. If Tenant objects to the New Premises as soon as is practical after Substantial Completion of new premises on the New Premises Landlord Work, basis that it being understood and agreed by fails to meet the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workcriteria set forth above, Tenant shall have no obligation to relocate notify Landlord in writing within ten (10) days following the Relocation Notice, specifying its objections to the New Premises prior new premises. If Tenant fails to June 30object within such 10-day period, 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 have approved the new premises. If Tenant has not both: a) relocated objects to the New Premises new premises, Landlord and b) delivered possession of Tenant shall meet and confer in an attempt to address Tenant's concerns, but if Landlord is unable to resolve the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease same within seven thirty (730) days after New Landlord’s delivery of possession of the New PremisesRelocation Notice, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under may terminate 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 upon written notice to Tenant, which termination shall be effective sixty (60) days after such notice. If Landlord elects to terminate the Lease under this SECTION 2.3, Landlord shall pay to Tenant the unamortized portion of the TI Costs, provided Tenant is not in default at the time of such termination. (b) All costs and expenses of relocating to the new premises, including, without limitation, all reasonable costs incurred by Tenant in relocating the new premises, shall be paid by Landlord. If Landlord exercises its right to relocate Tenant, Landlord shall reconstruct Tenant Improvements in the new premises in a form substantially equivalent to the Tenant Improvements constructed pursuant to EXHIBIT C. Within ten (10) days after Landlord has notified Tenant that this it has substantially completed the Tenant Improvements (in accordance with the standards for "Substantial Completion" as set forth in EXHIBIT C) to be constructed by Landlord on the relocated premises, Tenant shall surrender the Premises and the relocated premises shall be deemed the Premises hereunder. During any portion of such 10-day period that Tenant is not conducting business in either premises, rent and all other costs or charges payable hereunder (other than premiums for insurance maintained by Tenant hereunder) shall be abated and the Lease Term shall thereafter be construed as a lease agreement solely between extended for the entire period during which Tenant and New is not doing business. Upon Landlord.'s request, Tenant shall execute an amendment designating the relocated Premises on EXHIBIT B.

Appears in 1 contract

Sources: Lease Agreement (American Vantage Companies)

Relocation. Tenant (a) Landlord shall make reasonable efforts have a right to relocate the Premises to another location within the Shopping Center (“Substitute Premises”). The Substitute Premises, in its current or future location shall contain approximately the same square footage as the original Premises and shall be exposed to reasonably equivalent pedestrian traffic as the original Premises. Landlord shall notify Tenant of such relocation not less than thirty (30) ninety (90) days prior to the New date thereof. Landlord shall reconstruct on the Substitute Premises improvements substantially similar in quality, style and design to those constructed at the original Premises in accordance with plans and specifications approved by Landlord and Tenant, which approval shall not be unreasonably withheld by either party. Landlord shall pay the cost of moving and reinstalling the fixtures and all Tenant Personal Property (as soon as is practical after Substantial Completion hereinafter defined) into the Substitute Premises. As of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding latter of the date of Substantial Completion of specified in Landlord’s notice to Tenant or ten (10) days after ▇▇▇▇▇▇▇▇ has notified Tenant that it has completed the New Premises improvements to be constructed by Landlord Workon the Substitute Premises, Tenant shall have no obligation to relocate surrender the original Premises, shall move to the New new Premises, and the Substitute Premises prior shall be deemed the Premises hereunder as fully as if said Substitute Premises were originally described herein as the Premises. ▇▇▇▇▇▇ agrees that promptly, on demand, it shall execute an amendment designating the location of the Substitute Premises. Fixed Minimum Rent and all Additional Charges shall be abated during any period that Landlord requires Tenant to June 30cease conducting business in connection with the relocation of the Premises. Tenant shall not be required to vacate the Premises until all improvements are complete in the Substitute Premises and the Substitute Premises has been delivered to Tenant. Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 (NL) (kb) (b) Notwithstanding anything to the contrary in Section 3.5(a), 2014 if such an earlier date the Substitute Premises is not reasonably convenient acceptable to Tenant and Landlord cannot or does not remedy Tenant’s written concerns, then Landlord may terminate this Lease at any time within thirty (30) days after ▇▇▇▇▇▇▇▇’s notice to Tenant of Landlord’s intent to relocate the Premises and neither party shall have any further obligation hereunder (except with respect to matters that arose before such termination). In connection with such termination, Landlord shall pay to Tenant the unamortized (based on straight line amortization) reasonable costs paid by Tenant for Tenant’s business operations. The New Premises Commencement Date shall be non-removable improvements at 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 1 contract

Sources: Lease (Impossible Kicks Holding Company, Inc.)

Relocation. Landlord, at its expense, once during the Term upon not less than sixty (60) days’ prior written notice to Tenant (a “Relocation Notice”), may relocate Tenant from the Premises to space that (i) is the same or larger size, (ii) has equal or superior finishes, and (iii) has a substantially similar configuration and layout with at least the same number of offices and space for the same number of non-office stations (such that Tenant’s furniture may be utilized in such space) (“Relocation Space”) within the Complex. Notwithstanding the foregoing sentence, Landlord may not relocate Tenant during the final twenty-four months of the Term; provided, however, that Landlord may relocate Tenant in accordance with this Section 21 during the final twenty-four months of the Term if Tenant and Landlord have agreed in principle to (1) extend the Term at least thirty-six (36) months after the Termination Date, or (2) execute a separate lease agreement governing Tenant’s occupancy of the Relocation Space for at least thirty-six (36) months after the Termination Date. Tenant shall make not be obligated to pay any additional Base Rent or Additional Rent regardless of whether the Relocation Space is larger. Landlord shall pay all of Tenant’s reasonable efforts to relocate costs of relocation which amount shall include, without limitation all costs for moving and installing Tenant’s furniture, equipment, supplies and other personal property, the installation of computer systems and telecommunication systems, internal costs due to the New Premises as soon as is practical after Substantial Completion relocation, including notifying customers of the New Premises Landlord Workchange of address and data entry, it being understood the cost of printing and agreed by distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the parties thatnew address. Notwithstanding the forgoing, notwithstanding if Tenant in its good faith discretion finds the date of Substantial Completion of Relocated Space unacceptable or 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 move would unduly burden Tenant’s business operations. The New Premises Commencement Date , then Tenant shall be have the date upon which New right, exercisable by delivery of written notice to Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises (a "Relocation Termination Notice") within fifteen (15) days following delivery to Tenant subject of a Relocation Notice, to the aforementioned right by Tenant to defer occupancy prior to June 30terminate this Lease, 2014. in which event Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to vacate and surrender the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-cleanaccordance with this Lease on or before effective date of such relocation, 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 Landlordterminate upon such relocation date; provided, and that following the New Premises Commencement Date further, upon receipt of a Relocation Termination Notice from Tenant, Landlord shall have no further obligations nor liabilities the right, exercisable upon delivery of written notice to Tenant, Tenant to rescind its Relocation Notice and that T▇▇▇▇▇'s right to terminate this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordLease.

Appears in 1 contract

Sources: Office Lease Agreement (Third Harmonic Bio, 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

Sources: Lease

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 T▇▇▇▇▇. 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

Sources: Office Lease (Bf Enterprises 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

Sources: 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

Sources: Lease Agreement (XOOM Corp)