Common use of Right of Relocation Clause in Contracts

Right of Relocation. In the event Landlord elects to cause an expansion or contraction of the Leased Premises or Building, or Landlord deems it advisable to relocate the Tenant, then Landlord, upon ninety (90) days prior notice in writing to Tenant, may terminate this Lease. During the ninety (90) days period, Landlord shall offer to Tenant such alternative location of approximately the same square footage as may be available in the Building from time to time. In the event the parties agree upon a specific location, then this Lease shall be amended by substituting the new location for the present location and rent shall be proportionately adjusted. Landlord shall cause all construction in the new premises to be completed and open for business within thirty (30) days following delivery of the new premises to Tenant. Landlord shall pay all costs in constructing Tenant’s work in new premises plus the reasonable costs of relocating Tenant from the original premises to the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety (90) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord within thirty (30) days of such date). Unless otherwise provided herein, Tenant shall be released from any and all further obligations pursuant to this Lease accruing or arising from and after the date of termination with respect to the vacated premises, except for any indemnification which survives this Lease and provided however, that in the event of relocation, Tenant shall remain liable for such obligations and charges accruing under this Lease after the date of such relocation.

Appears in 2 contracts

Samples: Gross Lease Agreement, Gross Lease Agreement

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Right of Relocation. In 17.1 Sublandlord shall have the event Landlord elects to cause an expansion or contraction of the Leased Premises or Building, or Landlord deems it advisable right to relocate the Tenant, then Landlord, upon ninety (90) days prior notice in writing Subtenant to Tenant, may terminate this Lease. During the ninety (90) days period, Landlord shall offer to Tenant such alternative location of approximately the same square footage as may be available other premises in the Building which are comparable in terms of quality, size and build-out and located on or above the 20th floor of the Building and having a commercially leaseable number of perimeter exterior windows (which may be different from time the number of perimeter exterior windows in the original premises) (“Relocation Premises”) and which may be within the Xxxxxxxxx Premises or elsewhere in the Building, provided, such premises may only be located elsewhere in the Building if such premises is leased by Sublandlord pursuant to timea lease from the Overlandlord that is no less favorable to Subtenant in its application to Subtenant, in any material respect, than the Xxxxxxxxx. In order to exercise this right, Sublandlord shall give Subtenant notice (a “Relocation Notice”) specifying the event Relocation Premises and, if any work will be performed in order to conform the parties agree upon a specific locationRelocation Premises to the requirement of the first sentence of this Section (“Sublandlord’s Relocation Work”), then this Lease an outline plan and specifications therefor; provided, however, that such notice shall not be amended by substituting effective unless Overlandlord has consented to the new location for relocation (whether or not the present location and rent shall Relocation Premises are within the Xxxxxxxxx Premises). The Relocation Notice must be proportionately adjustedgiven, if at all, within the period ending two (2) years from the Commencement Date. Landlord shall cause all construction If Subtenant believes that the Relocation Premises (including any Sublandlord’s Relocation Work described in the new premises Relocation Notice) will not conform to be completed and open for business within thirty (30) days following delivery the requirements of the new premises to Tenant. Landlord first sentence of this Section 17.1, Subtenant shall pay all costs in constructing Tenant’s work in new premises plus the reasonable costs of relocating Tenant from the original premises to the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety (90) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord so notify Sublandlord within thirty (30) days of Subtenant’s receipt of the Relocation Notice (a “Relocation Dispute Notice”) and, if Subtenant shall timely give such date). Unless otherwise provided hereina Relocation Dispute Notice and the dispute is not resolved within five (5) days thereafter, Tenant the dispute shall be released from any and all further obligations resolved pursuant to this Lease accruing or arising from and after the date expedited arbitration rules of termination with respect the American Arbitration Association. If Subtenant shall fail timely to give such a Relocation Dispute Notice, the Relocation Premises shall be deemed to conform to the vacated premises, except for requirements of the first sentence of this Section 17.1 and Subtenant shall be deemed to have waived any indemnification which survives this Lease and provided however, that in right to assert to the event of relocation, Tenant contrary. If either (i) the dispute shall remain liable for such obligations and charges accruing under this Lease after the date of such relocation.be resolved

Appears in 1 contract

Samples: Sublease (Tradestation Group Inc)

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Right of Relocation. In City shall have the event Landlord elects to cause an expansion or contraction of the Leased Premises or Building, or Landlord deems it advisable right to relocate the Tenant, then Landlord, upon ninety (90) days prior notice in writing Premises if necessary to Tenant, may terminate this Leaseaccommodate the overall growth of the Airport. During the ninety (90) days period, Landlord The need for such relocation shall offer to Tenant such alternative location of approximately the same square footage as may be available in the Building from time to timedetermined solely by Director. In the event relocation becomes necessary, Tenant shall be assigned a replacement area, which is generally equivalent in size and amenities to the parties agree upon a specific Premises. Should Tenant disagree with the replacement location, then this Lease Tenant shall be amended by substituting have the new location for the present location and rent shall be proportionately adjusted. Landlord shall cause all construction in the new premises to be completed and open for business right, within thirty (30) calendar days following delivery of receipt of Director’s written notice of impending relocation, to provide written notice to Director that Tenant disagrees with the new premises replacement location. Upon such notice by Tenant, the parties shall, for a period not to Tenant. Landlord shall pay all costs in constructing Tenant’s work in new premises plus the reasonable costs of relocating Tenant from the original premises to the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety (90) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord within exceed thirty (30) days of such date). Unless otherwise provided herein, Tenant shall be released from any and all further obligations pursuant to this Lease accruing or arising from and after the date of termination with respect to the vacated premises, except for any indemnification which survives this Lease and provided however, that in the event of relocation, Tenant shall remain liable for such obligations and charges accruing under this Lease after the date of such notice, negotiate in good faith in an attempt to resolve the matter to the satisfaction of both parties; however, if for any reason the disagreement is not resolved within the thirty (30) days, Director shall have the right to unilaterally decide the matter. In such case, Tenant may terminate this Lease, which shall be deemed an early termination of hereof, or may agree to abide by Director’s decision. Should Director serve notice to Tenant that Tenant is to be relocated or must surrender space because of reallocation, Tenant agrees that it shall take or cause to be taken any and all actions as may be required to vacate the Premises and surrender same to City not later than one (1) year after receipt of Director’s notice of his final decision. Tenant shall be responsible for moving its trade fixtures, personal property, and personnel. City will reimburse Tenant for its documented, actual, and reasonable direct costs incurred to move to the relocated area, but in no event shall City be liable for any consequential or incidental costs or damages arising out of such relocation, including, but not limited to, lost profits, lost revenues, or increased cost of doing business.

Appears in 1 contract

Samples: Ground Lease (Utilicraft Aerospace Industries, Inc.)

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