Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
Appears in 3 contracts
Samples: Lease (OmniAb, Inc.), Lab Lease (OmniAb, Inc.), Eighth Amendment (Avista Public Acquisition Corp. II)
Relocation. Landlord, at its sole expense, on at least 120 days’ prior written notice to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Complex. In the event of any such relocation, Landlord shall pay all the expenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises; (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling); and (c) that Tenant actually and reasonably incurs out-of-pocket (and which Tenant can document with written records) in connection with Tenant notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenant’s relocation. Tenant shall make execute any reasonable efforts amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to relocate pay Rent (at the same rate per rentable square foot), shall continue in full force and effect and shall apply to the New Premises as soon as is practical after Substantial Completion of new premises; and (ii) Tenant shall move into the New Premises Landlord Work, it being understood and agreed by new premises. Notwithstanding anything to the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workcontrary, Tenant shall have no obligation the right to relocate to terminate the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right Lease by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back written notice to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven not more than ten (710) days after New Tenant’s receipt of Landlord’s delivery of possession of the New Premisesrelocation notice and, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencementin such event, the Landlord under this Lease shall be terminate on the date that is sixty (60) days after Landlord’s receipt of Tenant’s termination notice unless Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to revokes its relocation notice within ten (10) days from receipt of Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord’s termination notice.
Appears in 2 contracts
Samples: Lease (Paratek Pharmaceuticals, Inc.), Lease (Paratek Pharmaceuticals, Inc.)
Relocation. Tenant Landlord shall make reasonable efforts have the right, at any time and from time to time upon ninety (90) days' prior written notice to Tenant, to relocate Tenant to other premises ("New Premises") within the Shopping Center; subject, however, to the following terms and conditions: (a) The New Premises shall have approximately the same Floor Area as is contained in the Premises, (b) the New Premises shall be leased to Tenant on the same terms and conditions as soon as is practical after Substantial Completion provided in this Lease, except that there shall be a proportionate adjustment of Minimum Annual Rental and Additional Rental based upon the Floor Area in the New Premises, (c) Landlord shall pay to Tenant, within thirty (30) days following the date Tenant initially opens for business in the New Premises, those expenses reasonably incurred by Tenant in connection with the relocation of Tenant's personal property; provided. however, Tenant has first provided Landlord with an itemized list of these expenses (accompanied with copies of invoices and proofs of payment of same), and (d) Landlord shall pay all costs of the leasehold improvements to be constructed at the New Premises and such leasehold improvements shall be substantially similar to the leasehold improvements in the Premises. In its notice to Tenant, Landlord Work, it being understood and agreed by shall set forth a timetable for completion of the parties that, notwithstanding leasehold improvements in the date of Substantial Completion of New Premises. If the New Premises Landlord Workis unacceptable to Tenant for any reason, Tenant shall have no obligation the right as its sole remedy hereunder, upon written notice to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease given within seven thirty (730) days after New Landlord’s delivery 's notice of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities relocation to Tenant, and that to terminate this Lease on thirty (30) days' written notice to Landlord. Landlord shall thereafter be construed pay to Tenant, within sixty (60) days after said notice is given and upon vacation of the Premises by Tenant, the unamortized book value of Tenant's leasehold improvements, excluding items removable by Tenant at the expiration of the Term pursuant to Section 27.24 (to the extent said leasehold improvements were paid for by Tenant, as evidenced by invoices and proofs of payment of same), depreciated on a lease agreement solely between straight-line basis over the Term, and Tenant and New Landlordshall provide Landlord with a bill xx sale for said leasehold improvements.
Appears in 2 contracts
Samples: Silicon Entertainment Inc /Ca/, Silicon Entertainment Inc /Ca/
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 000 XxxxxxxxxXxxx Xxxxx or 000 XxxxxxxxxXxxx Xxxxx, 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
Relocation. Tenant shall make reasonable efforts to vacate the Surrendered Premises on or before February 15, 2002. Tenant shall relocate all of its equipment, furnishings and other personal property to the New reconfigured Premises, all at Tenant's expense, except that Tenant shall leave in the Surrendered Premises and quit claims to Landlord those items described in attached Schedule 1. Tenant shall leave the Surrendered Premises in the same condition as soon as it is practical after Substantial Completion required to leave the Premises upon expiration or sooner termination of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014Lease term. Tenant shall be deemed responsible to Landlord for any damage caused to the Surrendered Premises or to other property of Landlord in connection with Tenant's removal of property from and vacation of the Surrendered Premises. Tenant shall not remove any improvements made in the Surrendered Premises. Landlord shall approve in writing in advance the location of the work station cubicles that Tenant may remove, and that any work station cubicles removed shall be removed from the Surrendered Premises only and in Default if accordance with the Building property manager's instructions. Without limiting the foregoing, Tenant shall leave in place all existing Cap Five wiring/cabling from cubicles that Tenant removes from the third floor as further described on attached Schedule 1, neatly bundled, so that it may be reused in the future. If Tenant has not both: a) relocated to fully performed all its obligations under this Section 4 by the New Premises close of business on February 15, 2002, then Tenant shall pay on demand from Landlord the sum of $1,760.44 per day for each day beginning on the Effective Date and b) delivered possession continuing until the date on which all Tenant's Section 4 obligations are fully performed. Notwithstanding the foregoing, if during the remaining term of this Lease Landlord notifies Tenant that it requires some or all of the Existing Premises back remaining cubicles on the third floor to Landlord be removed, then Tenant shall remove at its expense the cubicles identified by Landlord, using the same procedures as are described in broom-cleanthis Amendment, de-commissioned and de-contaminated condition as specified in the Lease within seven fifteen (715) days after New receipt of Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord's notice.
Appears in 1 contract
Samples: Lease (Imagex Com Inc)
Relocation. Tenant During the term, Landlord shall make reasonable efforts have the right, at any time, upon at least thirty (30) days prior written notice to Tenant, to relocate the Tenant to other space in the New Premises as soon as is practical after Substantial Completion Shopping Center, which new space shall have at least ninety-five percent (95%) of the New Premises Landlord Worksquare footage set forth in Section 1(g) hereof. Notwithstanding the foregoing, it being understood and agreed by should the parties that, notwithstanding term have less than one (1) year remaining as of the effective date of Substantial Completion relocation set forth in said notice, and should Landlord and Tenant be unable after a good faith effort to reach agreement on the terms of the New Premises Landlord Worka renewal or extension of this Lease, Tenant shall have no obligation the option to terminate this Lease as of the effective date of relocation, provided such notice is given in writing to Landlord within thirty (30) days after the date of Landlord's notice. Absent such termination, Tenant shall, not later than the date specified in Landlord's notice, vacate and surrender the Premises, relocate to the New Premises prior new premises, and prepare the new premises for occupancy in substantially the same manner and condition of the Premises. Upon the request of Landlord, Tenant shall execute a supplemental agreement specifying the location of the new premises and the new Base Rent to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsbe payable pursuant to this Lease. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work "Base Rent, "property tax costs and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord "operating costs" payable under this Lease shall be the same on a "per square foot" basis, except that they shall be adjusted based upon the differential, if any, in the size of the old Premises and the new premises. Landlord shall reimburse Tenant for the actual expenses of moving Tenant's trade fixtures and that following merchandise from the Premises to the new space, upon written receipt of written verification of payment by Tenant. Except as hereinafter provided, all other expenses incxxxxx by Tenant as a consequence of such move shall be absorbed by Tenaxx. Xxthin thirty (30) days after the date Tenant shall have completed renovation of the new premises and opened for business. Landlord shall reimburse Tenant for the unamortized cost of the leasehold improvements made by Tenant to the old Premises, based upon cost or costs as set forth in an affidavit to be submitted to Landlord, assuming a useful life of 10 years, and accelerated amortization at the rate of 150%, and subject to Landlord's inspection of Tenant's books as set forth below. In the event Tenant shall have amortized the cost of said date improvements (or any parts or components thereof) for tax purposes based on either a shorter useful life or at a more accelerated rate, then such life or rate shall prevail. Landlord shall not be required to reimburse Tenant for any fixtures, inventory or items of personal property which pursuant to the Landlord under terms of this Lease shall become New Landlord, and that following may be removed by Tenant al the New Premises Commencement Date end of the term. Landlord shall have no further obligations nor liabilities the right to inspect such of Tenant, 's books and that records as Landlord may reasonably request xx xxxer to verify the amount which Landlord is required to pay pursuant to this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordSection.
Appears in 1 contract
Samples: FNB Bancorp/Ca/
Relocation. Landlord, at its expense, at any one time during the Term, may one-time relocate Tenant shall make from the Premises to second (2nd) floor or higher space of reasonably comparable size, view, layout and utility ("Relocation Space") within the Building or other buildings within the Project upon at least 90 calendar days' prior written notice to Tenant. Expenses to be paid by Landlord, within thirty (30) days following delivery of an invoice by Tenant to Landlord, are Tenant's reasonable efforts to relocate and actual expenses resulting from the physical relocation of Tenant's furniture, fixtures, cabling and equipment to the New Premises as soon as is practical after Substantial Completion Relocation Space. Landlord, at its sole expense, shall provide Tenant with tenant improvements in the Relocation Space at least equal in quality to those in the Premises, which tenant improvements shall be substantially completed prior to the date Tenant has to vacate and surrender possession of the New original Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, to Landlord. Tenant shall have no obligation to relocate remove any tenant improvements, Alterations or cabling from the original Premises if Landlord relocates Tenant from the original Premises to the New Premises prior Relocation Space pursuant to June 30this Section 21. From and after the date of the relocation, 2014 "Premises" shall refer to the Relocation Space into which Tenant has been moved and the Base Rent and Tenant's Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space; provided, however, if such an earlier date is not reasonably convenient for (a) the Relocation Space contains fewer rentable square feet than the original Premises, then Tenant’s business operations. The New Premises Commencement Date Base Rent obligation and Tenant’s Pro Rata Share shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and proportionately reduced or (b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in Relocation Space contains more rentable square feet than the Lease within seven (7) days after New Landlord’s delivery of possession of the New original Premises, again subject to the April 30, 2014 date. Tenant hereby agrees then Tenant’s Base Rent obligation and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease Tenant’s Pro Rata Share shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed not increase as a lease agreement solely between Tenant and New Landlordresult of such relocation.
Appears in 1 contract
Relocation. 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 xxxxx except for the period actually involved in the moving of Substantial Completion Tenant. If Tenant does not send Landlord written notice of its disapproval of the New Premises Landlord Workproposed relocation within 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
Samples: Agreement of Lease (Corporate Office Properties Trust)
Relocation. Landlord, at its sole expense, on at least 120 days’ prior written notice to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Complex. In the event of any such relocation, Landlord shall pay all the expenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises; (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling); and (c) that Tenant actually and reasonably incurs out-of-pocket (and which Tenant can document with written records) in connection with Tenant notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenaxx’x xelocation. Tenant shall make execute any reasonable efforts amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to relocate pay Rent (at the same rate per rentable square foot), shall continue in full force and effect and shall apply to the New Premises as soon as is practical after Substantial Completion of new premises; and (ii) Tenant shall move into the New Premises Landlord Work, it being understood and agreed by new premises. Notwithstanding anything to the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workcontrary, Tenant shall have no obligation the right to relocate to terminate the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right Lease by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back written notice to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven not more than ten (710) days after New Tenaxx’x xeceipt of Landlord’s delivery of possession of the New Premisesrelocation notice and, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencementin such event, the Landlord under this Lease shall be terminate on the date that is sixty (60) days after Landxxxx’x xeceipt of Tenant’s termination notice unless Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordrevokes its relocation notice within ten (10) days from receipt of Tenaxx’x xermination notice.
Appears in 1 contract
Samples: Confirmation of Lease (Paratek Pharmaceuticals, 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) the new location is similar in size and floor plan, with similar outside views; (2) that Tenant approves the location and size of the new premises and (3) 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 include a drawing showing the size and location of the new premises. If Tenant approves the new location, the parties shall execute an amendment to relocate this Lease which will specify the change in premises and, if applicable, the rent, but this Lease shall in no other respect be amended and the rent payable hereunder shall not abate except for the period acxxxxxy involved in the moving of Tenant and except as may be modified as relating to the New Premises as soon as is practical after Substantial Completion new premises. If Tenant does not send Landlord written notice of its disapproval of the New Premises Landlord Work, it being understood and agreed by proposed relocation within the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Worksixty (60) day period, Tenant shall be conclusively presumed to have no obligation to relocate to approved the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationssame. 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. If Tenant shall be deemed to be send a notice disapproving the proposed relocation during the sixty (60) day period, then Landlord, at its option, may rescind the notice of relocation (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 which event this Lease shall be continue to the same extent as if no such notice had been sent). Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that make its election within ten (10) days following the New Premises Commencement Date Landlord first 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
Relocation. Landlord reserves the right upon sixty (60) days written notice to Tenant, to substitute other space within the Building (the "Substitute Premises") for the Premises, provided that the Substitute Premises at least (a) contain approximately the same or a greater number of square feet an the Premises; (b) contain comparable tenant improvements and have a comparable view, and (c) are made Available to Tenant shall make reasonable efforts to relocate at a rental rate equal to the New lesser of (i) the fair market rent for the Substitute Premises as soon as is practical after Substantial Completion for the time period in question (namely, from the delivery date of the New Substitute Premises Landlord Workthrough the Expiration Date), it being understood and agreed by (ii) Base Rent rate called for under this Lease as of the parties thattime of, notwithstanding the substitution, either on a per square foot basis or in total. If the substitution occurs prior to the date of Substantial Completion of Tenant initially occupies the New Premises, then Landlord shall reimburse Tenant for the necessary and reasonable costs incurred by Tenant in planning for the space in the initial Premises which expenses have been previously approved by Landlord Workand which have no benefit to Tenant in the Substitute Premises; If the Substitute Premises are not acceptable to Tenant, Tenant shall have no obligation to relocate to the New Premises prior to June may terminate this Lease by written notice given within thirty (30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New its receipt of Landlord’s delivery 's relocation notice, such termination to be effective on the relocation date stated in Landlord's notice to Tenant. If Tenant is occupying the Premises at the time; Landlord gives notice of possession any such relocation, Landlord shall pay the reasonable cost of the New Premisesmoving Tenant, again subject its property and equipment to the April 30Substitute Premises and shall, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities without cost or expense to Tenant, improve the Substitute Premises with improvements substantially similar to those located in the Premises. All of the other terms, covenants and that this conditions of the Lease shall thereafter remain unchanged and in full force and effect, except that Section 1 and Exhibit B shall be construed as a lease agreement solely between revised to identify the Substitute Premises, to state the square foot area of the Substitute Premises and to make the change, if any, in Base Rent. If Tenant and New elects to move to new space in the Building other than at the request of Landlord, the terms of this section shall be inapplicable.
Appears in 1 contract
Relocation. Prior to Tenant taking occupancy, Landlord, at its option, reserves the right to relocate the Tenant into another space of similar square footage in the Shopping Center. Tenant shall make reasonable efforts be advised of said relocation on or before sixty (60) days prior to relocate substantial completion of the Landlord’s Work. In the event that Tenant shall not agree to the New Premises relocation as soon as is practical provided herein, Tenant may cancel this Lease upon written notice to Landlord within fifteen (15) days after Substantial Completion Tenant receives notice of the New Premises such relocation. Upon cancellation, Landlord Work, it being understood and agreed by the parties that, notwithstanding the date shall not be liable to Tenant for any damages of Substantial Completion of the New Premises Landlord Work, any kind whatsoever. Tenant shall have no obligation recourse against Landlord for the utilization of this Section. Subsequent to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers Tenant taking possession of the New Premises Premises, Landlord shall, at its option, have the right to relocate the Tenant subject to another space of similar square footage in the Shopping Center. Landlord must provide Tenant with no less than thirty (30) days written notice. Landlord shall pay the reasonable costs of moving Tenant to the aforementioned new premises and for improving the new premises so that they are substantially similar to the Premises. Such move shall be made in the evening or on the weekend to minimize the inconvenience to Tenant. If Landlord exercises its right by to relocate Tenant to defer occupancy prior to June 30under this Section, 2014. Tenant the new premises shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease after Tenant takes occupancy of the new premises. In the event that Tenant shall be not agree to the relocation as called for in the preceding Section, Landlord and that following said date the Landlord under may cancel this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities upon fifteen (15) days written notice to Tenant. Tenant, and that this Lease upon receipt of notice, shall thereafter be construed as a lease agreement solely between vacate the Premises no later than the last day of the month in which Tenant and New Landlordreceives said notice.
Appears in 1 contract
Samples: Lease Agreement
Relocation. Tenant 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
Samples: Lease (Videolabs Inc)
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 Xxxxxxxx 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 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 deemed the date upon which New Landlord achieves Substantial Completion Premises hereunder as fully as if said Substitute Premises were originally described herein as the Premises. Xxxxxx agrees that promptly, on demand, it shall execute an amendment designating the location of the New Premises Substitute Premises. Fixed Minimum Rent and all Additional Charges shall be abated during any period that Landlord Work and delivers possession requires Tenant to cease conducting business in connection with the relocation of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014Premises. Tenant shall not be deemed required to be vacate the Premises until all improvements are complete in Default if Tenant has not both: a) relocated to the New Substitute Premises and b) the Substitute Premises has been 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 . Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.2/6/2023 (NL) (kb)
Appears in 1 contract
Relocation. Landlord may at any time during the Term, but on no more than one (1) occasion during the Term and upon sixty (60) days’ prior written notice to Tenant, at Landlord’s expense, relocate Tenant to another space in the Building (the “New Premises”), which is approximately the same dimensions and size and is improved in such a manner so that the New Premises shall make reasonable efforts be comparable to the Premises: however, if Landlord exercises Landlord’s election to relocate Tenant to the New Premises, then Tenant shall not be required to pay a higher Base Rent for the New Premises. Landlord shall pay all reasonable costs associated with such relocation, including the costs of moving, wiring/cabling improving the New Premises as soon as to at least the same condition to the original Premises, and business cards and stationery rendered useless. Nothing herein contained shall relieve Tenant, or imply that Tenant is practical after Substantial Completion relieved, of the liability for or obligation to pay any Additional Rent due by reason of any of the other provisions of this Lease, which provisions shall be applied to the New Premises. Landlord’s election to relocate Tenant shall not terminate this Lease or release Tenant, in whole or in part, from Tenant’s obligation to perform its obligations hereunder for the full Term. If any such relocation occurs, this Lease shall continue in full force with no change in the terms or conditions hereof other than (1) the substitution of the New Premises Landlord Workfor the Premises specified in Section 1, it being understood and agreed by (2) if the parties that, notwithstanding the date of Substantial Completion size of the New Premises Landlord Workdiffers from the Premises, the Proportionate Share shall be adjusted. Upon request from Landlord, Tenant shall have no obligation execute an amendment 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 Landlordreflecting such changes.
Appears in 1 contract
Samples: Lease Agreement (Sielox 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 xxxxx except for the period actually involved in the moving of Substantial Completion Tenant. If Tenant does not send Landlord written notice of its disapproval of the New Premises Landlord Workproposed relocation within the seventy-five (75) day period, Tenant shall be conclusively presumed to have no obligation to relocate approved the same. If Tenant shall send a notice disapproving the proposed relocation during the seventy-five (75) day period, then Landlord, at its option, may (i) rescind the notice of relocation (in which event this Lease shall continue to the New Premises prior to June 30same extent as if no such notice had been sent), 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date or (ii) terminate this Lease upon seventy-five (75) days' written notice (in which event the rights of the parties shall be the date upon which New Landlord achieves Substantial Completion same as if the Lease had terminated by expiration of the New Premises Term). Landlord Work shall make its election within ten (10) days following the first seventy-five (75) day period and delivers possession of shall give Tenant written notice thereof specifying its election. In addition, if Landlord exercises its relocation rights in accordance with this Section, Base Rent due under the New Premises to Tenant subject to amended Lease for the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant new premises shall be deemed to be in Default if Tenant has not both: aabated for a period of fifteen (15) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlorddays.
Appears in 1 contract
Samples: Commencement Date Agreement (Dialysis Corp of America)
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
Samples: Retail Lease (Yoshiharu Global Co.)
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
Relocation. Tenant shall make reasonable efforts to relocate to 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 soon shown "cross-hatched" on the site plan attached hereto as is practical after Substantial Completion 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, it being understood Tenant is accepting the New Premises "as-is" with no representation and agreed warranty by Landlord as to the parties that, notwithstanding the date of Substantial Completion condition or suitability of the New Premises Landlord Workfor Tenant's intended use. On or before the New Possession Date, Tenant shall have no obligation provide Landlord with written evidence in form and substance satisfactory to relocate Landlord that the insurance Tenant is required to carry pursuant to Paragraph 11 of the Lease covers the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operationsPremises. The During the period commencing on the New Premises Commencement Possession Date shall be and continuing through and including the date upon which New Landlord achieves Substantial Completion of Tenant completely vacates and surrenders the New Premises Landlord Work and delivers possession of Current Premises, as more particularly described herein, the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant term "Premises" shall be deemed to be in Default if Tenant has not both: a) relocated refer to both 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 Current 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 except as a lease agreement solely between Tenant and New Landlordspecifically stated herein.
Appears in 1 contract
Samples: Lease (Medialink Worldwide Inc)
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, and that which termination shall be effective sixty (60) days after such notice. If Landlord elects to terminate the Lease under this Lease SECTION 2.3, Landlord shall thereafter be construed as a lease agreement solely between pay to Tenant and New Landlordthe unamortized portion of the TI Costs, provided Tenant is not in default at the time of such termination.
Appears in 1 contract
Samples: American Vantage Companies
Relocation. Notwithstanding any contrary provision of this Lease, if Landlord requires the Premises for use in connection with another suite or for other reasons related to Landlord's occupancy plans for the Building, then at any time during the Lease Term Landlord shall have the right, upon providing Tenant shall make reasonable efforts prior written notice (the "Relocation Notice"), to relocate provide and furnish Tenant with space elsewhere in the Building comparable to the New Premises and to move and place Tenant in such new space, at Landlord's sole cost and expense. Such space shall be approximately the same size as soon as is practical after Substantial Completion of the New existing Premises and shall be improved by Landlord Workprior to Tenant's relocation with leasehold improvements comparable to those in the existing Premises. However, it being understood if the new space does not meet the Tenant's reasonable and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workgood-faith approval, Tenant shall have no obligation may cancel this Lease upon written notice to relocate to the New Premises prior to June 30Landlord, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall which notice must be the date upon which New received by Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven ten (710) days after New Landlord’s delivery of possession to Tenant of the New PremisesRelocation Notice, again subject and unless Landlord withdraws its request that Tenant relocate, this Lease shall terminate sixty (60) days thereafter (as if such date were the natural expiration of the Term hereof) and neither party shall have any further rights or obligations hereunder. Tenant's failure to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior timely deliver notice to the New Premises Commencement, the Landlord under of Tenant's election to cancel this Lease shall be deemed an acceptance by Tenant of the new space set forth in the Relocation Notice, and Tenant shall vacate the Premises in accordance with said notice and/or the terms of any subsequent notice from Landlord to Tenant. If Landlord moves Tenant to such new space, then this Lease and each and all of the terms, covenants and conditions hereof shall remain in full force and effect and be deemed applicable to such new space except that a revised Exhibit "A" showing the location of the new space shall become a part of ----------- this Lease and Landlord and that following said date the Landlord under Tenant shall promptly thereafter execute an amendment to this Lease shall become New Landlordcontaining such revised "Exhibit "A" and with the Basic ----------- Terms of this Lease, as contained in Article 2, amended, if necessary, to --------- include and that following state all correct data as to the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlordnew space.
Appears in 1 contract
Samples: Office Lease (Vsource Inc)
Relocation. Tenant 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
Relocation. Tenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have no obligation to relocate to the New Premises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities the right, at its option upon not less than sixty (60) days prior written notice to Tenant, to relocate Tenant and that to substitute for the Premises described above other space in the Building containing at least as much similar rentable area (not exceeding plus or minus 10%) as the Premises described in Section 1A above. If Tenant is already in occupancy of the Premises, then Landlord shall approve in advance the relocation expenses for purposes of reimbursement for Tenant's reasonable moving and telephone relocation expenses and for reasonable quantities of new stationery upon submission to Landlord of receipts for such expenditures incurred by Txxxxx. The relocation premises will then become the Premises hereunder and the Rent and other sums payable hereunder will be adjusted, if necessary, to reflect any increase or decrease in the square footage of the Premises. The relocation premises shall be in the upper tower portion of the building. Notwithstanding the foregoing, if Tenant is unwilling to accept any relocation premises proposed by Landlord, Tenant may terminate this Lease shall thereafter upon written notice to Landlord delivered within ten days following the date Tenant receives Landlord's notice as set forth above. In the event of such termination, Tenant will vacate the Premises within sixty (60) days following the date written notice of termination is delivered to Landlord and, in such event, this Lease will be construed as a lease agreement solely between Tenant terminated on the date the Premises are vacated and New possession thereof is returned to Landlord.
Appears in 1 contract
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 Txxxxx's right to terminate this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordLease.
Appears in 1 contract
Relocation. Tenant shall make reasonable efforts 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
Samples: Office Building Lease
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
Relocation. Not more than once during the initial Lease Term of this Lease from and after the commencement of the second (2nd) Lease Year, and only if Landlord provides Tenant with reasonable evidence that Landlord shall require occupancy of the Premises in order to Lease the entire rentable area of the floor on which the Premises are located to another tenant leasing the entire floor, Landlord shall have the option (the “Relocation Option”), on not less than ninety (90) days’ prior notice to Tenant, to relocate Tenant to other premises in the Complex which is reasonably acceptable to Tenant (the “New Premises”) on the date set forth in Landlord’s relocation notice (the “Relocation Date”). The New Premises shall be substantially similar to the Premises in rentable and usable square footage and configuration, and shall have substantially similar exterior views as the Premises. Landlord shall, at its sole cost and expense prior to the Relocation Date, perform all work and improvements to the New Premises pursuant to plans and specifications reasonably approved by Tenant to provide the New Premises substantially similar in all material respects to the Premises immediately prior to the Relocation Date, with finishes and materials substantially equal or better to the Premises as of the Relocation Date, based upon plans and specifications reasonably approved by Landlord and Tenant. Landlord shall, at its sole cost and expense, pay one hundred percent (100%) of the costs and expenses for the (i) construction of the New Premises with improvements which are comparable to the Tenant Improvements in the Premises, (ii) the reasonable costs and expenses to purchase, install and test Tenant’s voice and data cabling and wiring, internal security system in the New Premises, (iv) the reasonable costs and expenses to relocate, reinstall and test Tenant’s furniture, trade fixtures and equipment to the New Premises, and (v) the reasonable costs to replace the then on-hand inventory of business cards and stationary (with comparable stock). Provided Landlord has Substantially Completed the foregoing work, Tenant shall make reasonable efforts to relocate to the New Premises on the Relocation Date. Landlord shall use commercially reasonable efforts to relocate Tenant over a weekend so that Tenant can conduct its business in the New Premises on the Monday immediately following such weekend. On the date that Tenant relocates to the New Premises, (A) Tenant shall deliver the Premises to Landlord "As Is" but in broom clean condition; (B) the New Premises shall be deemed the Premises for all purposes under this Lease; and (C) Tenant shall be released from all obligations with respect to the Premises from and after such date other than those obligations that survive the expiration or sooner termination of this Lease, such as soon as is practical after Substantial Completion the reconciliation of Operating Charges in accordance with Article 5 hereof. In the event that the rentable square footage of the New Premises Landlord Work, it being understood and agreed by is less than the parties that, notwithstanding rentable square footage of the Premises as of the date of Substantial Completion such relocation, Base Rent, Additional Rent and Tenant’s Proportionate Share shall be adjusted based upon such lesser square footage. In the event that the rentable square footage of the New Premises is greater than the rentable square footage of the Premises as of the date of such relocation, Base Rent, Additional Rent and Tenant’s Proportionate Share shall not be increased. Landlord Workand Tenant agree to execute an amendment to this Lease reflecting the appropriate revisions; however, Tenant shall have no obligation the failure to relocate to the New Premises prior to June 30, 2014 if enter into such an earlier date is amendment shall not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be affect the date upon which New Landlord achieves Substantial Completion operation of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in Default if Tenant has not both: a) relocated to the New Premises and b) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New LandlordSection.
Appears in 1 contract
Samples: Lease Agreement Standard Provisions (Twinlab Consolidated Holdings, Inc.)
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
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 Landlord.shall provide Landlord with a xxxx of sale for said leasehold improvements. ARTICLE 4 TERM 4.1
Appears in 1 contract
Relocation. Landlord shall notify Tenant shall make reasonable efforts in writing at least fifteen (15) days prior to the completion of the Landlord’s Work as to the approximate date Landlord anticipates completion of the Landlord’s Work. The “Relocation Date” means that date which is three (3) days after the date Landlord gives Tenant written notice (“Relocation Notice”) that the Sixth Floor Premises is ready for occupancy and Tenant should relocate to the New Premises as Sixth Floor Premises. As soon as is practical after Substantial Completion of possible after, but not later than fifteen (15) days after, the New Premises Landlord WorkRelocation Date, it being understood at Tenant’s sole cost and agreed by the parties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Workexpense, Tenant shall have no obligation fully vacated the Existing Premises and removed all its personal property and effects therefrom and relocated into the Sixth Floor Premises, and Tenant should have left the Existing Premises in the condition required under the Lease at termination of the Lease (and the date Tenant does so is hereinunder referred to relocate as the “Vacation Date”). Commencing from and after the Commencement Date for the Sixth Floor Premises and until the Vacation Date, the “Premises” under the Lease shall mean and refer to both the “Sixth Floor Premises” and the “Existing Premises.” Until the Commencement Date for the Sixth Floor Premises, however, Tenant shall continue paying all Rent required to be paid under the Lease with respect to the New Existing Premises prior and shall not be required to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion of the New Premises Landlord Work and delivers possession of the New Premises to Tenant subject pay Rent with respect to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014Sixth Floor Premises. Tenant shall be deemed to be in Default if If Tenant has not both: a) relocated to the New Premises and b) delivered possession of vacated the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in by the Lease within seven date fifteen (715) days after New the Relocation Date, then until the Vacation Date, Tenant shall continue paying Rent with respect to the Existing Premises and shall pay Rent with respect to the Sixth Floor Premises until Tenant has fully vacated the Existing Premises and removed all its personal property and effects therefrom; provided that Tenant’s failure to vacate within fifteen (15) days after the Relocation Date shall not constitute a material default under the Lease. Nothing in this Second Amendment is intended to release Tenant from any claims, liabilities or damages Tenant or its agents, employees or contractors may have caused to the Existing Premises. Following the Commencement Date for the Sixth Floor Premises, Tenant shall, within five (5) business days of Landlord’s delivery of possession of the New Premisesrequest to do so, again subject execute and deliver to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises a Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Certificate in such form requested by Landlord.
Appears in 1 contract
Samples: Lease (Rentech Inc /Co/)
Relocation. 44.01 Landlord may, at its option, before or after the Commencement Date, elect by notice to Tenant to substitute for the Demised Premises other office space in the Building or The Expressway Plaza at Roslyn, dxxxxxxted by Landlord (hereinafter called "Substitute Premises"), provided that the rentable square foot area of the Substitute Premises is not less than one hundred percent (100%), nor larger than one hundred fifteen percent (115%) of the rentable square foot area of the Demised Premises. Landlord's notice shall set forth the date which Tenant shall make reasonable efforts to relocate to vacate and surrender the New Demised Premises as soon as is practical and occupy the Substitute Premises (herein called the "Relocation Date"). The Relocation Date designated by Landlord shall be no earlier than thirty (30) days after Substantial Completion of the New Premises Landlord Work, it being understood and agreed by the parties that, notwithstanding the date of Substantial Completion Landlord's notice. Landlord shall, at Landlord's expense, (i) furnish and install in the Substitute Premises fixtures and improvements substantially similar to those contained in the Demised Premises; (ii) provide to Tenant at Landlord's sole expense, moving personnel to perform the moving of Tenant's property and equipment from the Demised Premises to the Substitute Premises; and (iii) reimburse Tenant for Tenant's actual reasonable out-of-pocket costs incurred by Tenant in connection with the relocation of any telephone or other communications equipment from the Demised Premises to the Substitute Premises. If Landlord elects to substitute other premises prior to the Commencement Date, Landlord, at Landlord's expense, shall improve the Substitute Premises substantially in accordance with the Work Letter attached hereto as Exhibit C. Tenant agrees to execute such documents, as in Landlord's sole opinion, are necessary, appropriate or desirable in order to reflect the substitution of the New Substitution Premises Landlord Workfor the Demised Premises, which documents shall set forth any adjustment in the Fixed Rent and Tenant's Proportionate Share as may be required by reason of such substitution as well as any other changes or modifications to this Lease made necessary by, and attributable to such substitution. From and after the earlier of: (a) the date on which Tenant shall have actually vacate and surrender the Demised Premises to Landlord or (b) the Relocation Date, this Lease: (i) shall no obligation to relocate longer apply to the New Premises Demised Premises, except with respect to all obligations to pay Fixed Rent and Additional Rent and all other obligations which accrued on or prior to June 30such date, 2014 including without limitation the liabilities and obligations imposed upon Tenant as a holdover Tenant if such an earlier date is not reasonably convenient the Tenant fails to vacate and surrender the Demised Premises on or before the Relocation Date; and (ii) shall apply to the Substitute Premises as if the Substitute Premises had been the space originally demised under this Lease. In the event Tenant without Landlord's prior written consent, fails to vacate and surrender the Demised Premises on or before the Surrender Date, then Tenant agrees to reimburse Landlord for Tenant’s business operations. The New Premises Commencement Date shall be the date upon which New Landlord achieves Substantial Completion all of the New Premises damages, costs and expenses incurred by Landlord Work by reason of such failure including lost rent, and delivers possession of the New Premises to Tenant subject to the aforementioned right all legal fees incurred by Tenant to defer occupancy prior to June 30Landlord, 2014. and Tenant shall be deemed liable to Landlord and reimburse Landlord, as Additional Rent, all of such costs, expenses and damages including without limitation, fair value, use and occupancy for the Demised Premises in the amount equal to two hundred percent (200%) of the Fixed Rent and Additional Rent which would have been due for the Demised Premises (which shall be in Default if Tenant has not both: a) relocated addition to the New Premises Fixed Rent and bAdditional Rent for the Substitute Premises) delivered possession of the Existing Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within seven (7) days after New Landlord’s delivery of possession of the New Premises, again subject to the April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises Commencement, the Landlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a any lost rent from any lease agreement solely between Tenant and New Landlordor prospective lease agreement for the Demised Premises which Landlord had executed or was then negotiating, which leasing (and/or tenant or prospective tenant) Landlord lost, by reason in whole or part of Tenant's holding over beyond the Relocation Date.
Appears in 1 contract