Right to Relocate. Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Sublease.
Appears in 6 contracts
Samples: Master Sublease Agreement, Master Sublease Agreement, Master Sublease Agreement (Lands' End, Inc.)
Right to Relocate. Sublandlord Landlord may, at any time, relocate any of SubtenantTenant’s Subleased Leased Premises to another area of the Building in which such Subleased Leased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant Tenant New Premises with lesser square footage than the original Subleased Leased Premises (but in no event lesser than 70% of the original Subleased Leased Premises) if SublandlordLandlord’s store size has been or is in the process of being reduced. Provided that Subtenant Tenant is open and operating at the applicable Subleased Leased Premises at the time Sublandlord Landlord exercises the rights granted by this Section, Sublandlord Landlord agrees to pay all reasonable moving expenses incurred by Subtenant Tenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Leased Premises. Sublandlord Landlord shall provide Subtenant Tenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant Tenant shall cooperate with Sublandlord Landlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant Tenant fails to so cooperate, Sublandlord Landlord shall be relieved of all responsibility for damage or injury to Subtenant Tenant or its property during such move, except as may be caused by SublandlordLandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord Landlord is not acceptable to SubtenantTenant, then Subtenant Tenant may elect to terminate this Sublease Lease solely with respect to such Subleased Leased Premises by written notice to Sublandlord Landlord within thirty (30) calendar days after receipt of SublandlordLandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after SubtenantTenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Leased Premises for all purposes under this SubleaseLease.
Appears in 3 contracts
Samples: Master Lease Agreement (Lands End Inc), Master Lease Agreement (Lands End Inc), Master Lease Agreement (Lands End Inc)
Right to Relocate. Sublandlord may, at any time, Landlord shall have the unrestricted and unconditional right to relocate any of Subtenant’s Subleased Tenant from the Premises to another any other office space in the Project. Landlord shall deliver notice to Tenant of Landlord’s desire to relocate Tenant, together with a proposal for the area of the Building in to which such Subleased Premises are located (“New Premises”), provided the New Premises shall havebe relocated. Should Landlord exercise its right to relocate Tenant under this Section, if possible(i) expenses of said relocation, approximately including, but not limited to, the same rentable square footage employment of space; notwithstanding a professional moving company, relocation of telephone systems, and reprinting of stationary and other pre-printed material in the foregoingquantity and quality of existing stock, Sublandlord or of any necessary renovation or alteration, as calculated by Landlord prior to any relocation shall be paid by Landlord, and (ii) following such relocation, the substituted space shall for all purposes thereinafter constitute the Premises and all terms and conditions of this Lease shall apply with full force and effect to the Premises so relocated. If Tenant has not relocated its premises within thirty (30) days after Landlord notifies Tenant of Landlord’s desire to relocate Tenant, Landlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises Lease by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written giving notice of such relocation, with such termination to Tenant (the “Termination Notice”). Such termination shall be effective sixty upon any date selected by Landlord in the Termination Notice that is at least ten (6010) days after Subtenant’s electionthe Termination Notice. Upon the completion of a relocation, the Rent shall be adjusted Tenant hereby further covenants and agrees to promptly execute and deliver to Landlord any lease amendment or other such document appropriate to reflect the actual square footage of changes in the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseLease described or contemplated above.
Appears in 3 contracts
Samples: Office Building Lease Agreement (Local Matters Inc.), Office Building Lease Agreement (Local Matters Inc.), Office Building Lease Agreement (Local Matters Inc.)
Right to Relocate. Sublandlord mayLandlord reserves the right to relocate the Premises to space elsewhere in the Building comparable to the Premises with respect to size (which to be comparable must be the same rentable area as the Premises plus or minus 10%), condition, finish, design and functional layout (the “Relocation Space”) by giving Tenant prior written notice (the “Relocation Notice”) of Landlord’s intention to relocate the Premises; provided, however, that, prior to the originally scheduled Term Expiration Date, Landlord shall not exercise such right to relocate more than one (1) time. If within 30 days after the date of the Relocation Notice, Landlord and Tenant have not agreed upon the specific space to which the Premises are to be relocated to and the timing of such relocation, then, at any time, relocate any of Subtenant’s Subleased Premises time until Landlord and Tenant (i) agree upon the specific space to another area of which the Building in which such Subleased Premises are located (“New Premises”), provided to be relocated and the New Premises shall have, if possible, approximately the same rentable square footage timing of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar (ii) execute an amendment to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely Lease with respect to such Subleased Premises agreement, Landlord may terminate this Lease by written notice to Sublandlord within thirty (30) calendar Tenant. If Landlord elects to terminate this Lease, then this Lease shall terminate on that date which is 30 days after receipt the date of Sublandlord’s written the notice to terminate this Lease given pursuant to the immediately preceding sentence. If Landlord and Tenant do agree upon the space to which the Premises are to be relocated to and the timing of such relocation, with then Tenant agrees to execute an amendment to the Lease setting forth such termination agreement. Landlord agrees to be effective sixty pay the reasonable costs of moving Tenant to such other space (60) days after Subtenant’s election. Upon the completion of a relocationincluding, without limitation, the Rent reasonable cost to relocate Tenant’s phone and computer systems and the reasonable cost for a moving contractor to pack and unpack Tenant’s personal property to the extent a moving contractor would typically perform such function) and the reasonable cost to replace any letterhead and business cards existing as of the effective date of any relocation if and to the extent such letterhead and business cards are rendered obsolete solely as a result of such relocation. Except as may be mutually agreed to in writing in the form of an amendment to this Lease, the exercise of Landlord’s rights pursuant to this Article shall not in and of itself give rise to any increase or decrease in Rent. If construction in the Relocation Space is required in order to make the Relocation Space comparable to the Premises (as required above in this Article 22.0, “RIGHT TO RELOCATE”), such construction shall be adjusted to reflect the actual square footage of the New Premises performed by Landlord at Landlord’s expense and the New Premises shall be deemed Substantially Complete prior to have replaced the applicable Subleased Premises for all purposes under this Subleaseany relocation.
Appears in 3 contracts
Samples: Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.)
Right to Relocate. Sublandlord mayNotwithstanding anything contained herein to the contrary, Landlord reserves the right from time to time, at any timeLandlord’s sole cost and expense, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with after first giving Tenant at least sixty (60) days prior advance written notice before making such (“Landlord’s Relocation Notice”), to remove Tenant from the Premises and relocate Tenant to some other “like kind” space in the Building (the “New Premises”) of approximately the same dimensions and size as the Premises, with substantially similar views, and not immediately facing the train. Landlord shall incur all costs for Tenant’s relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate from the move and shall be responsible for moving all of its inventory and other goods Premises to the New Premises, including, but not limited to, all design and engineering fees, “hard” construction costs (which shall mean and be limited to the costs of labor and materials), costs for moving any audio visual and security systems, cost for moving any telephone/data cabling, costs for moving any furniture, fixtures and equipment, and moving costs. If Subtenant fails to so cooperate, Sublandlord The New Premises shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused finished out and decorated by SublandlordLandlord at Landlord’s actual negligence. Notwithstanding the foregoing, if sole cost and expense so that the New Premises identified by Sublandlord is not acceptable shall be comparable in its interior design and decoration to Subtenantthe Premises. If Landlord exercises such relocation option, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice the Effective Date of such relocation, with such termination to relocation (the “Relocation Effective Date”) shall be effective the later of (i) sixty (60) days after Subtenantfollowing the delivery of Landlord’s electionRelocation Notice, and (ii) the date on which Landlord substantially completes the tenant finish work required of Landlord under this Section 30. Upon the completion Relocation Effective Date, Tenant shall surrender possession of a the Premises and move into the New Premises. In the event of any such relocation, this Lease shall continue in full force and effect with no change in the Rent shall be adjusted to reflect terms, covenants or conditions hereof other than the actual square footage substitution of the New Premises and for the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleasePremises.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Right to Relocate. Sublandlord mayAt any time or from time to time during the Lease Term or any renewal thereof, at any time, Landlord shall have the unrestricted and unconditional right to relocate any of Subtenant’s Subleased Tenant from the Premises to another any other office space that is substantially similar in size to the Premises in the Project or within the Northridge office complex. Landlord shall deliver notice to Tenant of Landlord's desire to relocate Tenant, together with a proposal for the area of the Building in to which such Subleased Premises are located (“New Premises”), provided the New Premises shall havebe relocated and an estimated date on which Tenant will be relocated. Should Landlord exercise its right to relocate Tenant under this Section 45.0, if possiblethen: (a) expenses of said relocation or of any necessary renovation or alteration, approximately as calculated by Landlord prior to any relocation, shall be paid by Landlord prior to any relocation, shall be paid by Landlord; and (b) following such relocation, the same rentable square footage substituted space shall for all purposes (including the calculation of space; notwithstanding Rent) thereinafter constitute the foregoingPremises and all terms and conditions of this Lease shall apply with full force and effect to the Premises as so relocated. If Tenant refuses to move its premises on the date specified in Landlord's notice, Sublandlord Landlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises Lease by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written giving notice of such relocation, with such termination to Tenant (the "Termination Notice"). Such termination shall be effective sixty upon my date selected by Landlord in the Termination Notice which is at least ten (6010) days after Subtenant’s electionthe Termination Notice is given by Landlord to Tenant. Upon the completion effective due of a relocationsuch termination, Tenant shall have not further Rent or other obligations hereunder for any periods after the effective date of such termination, provided, however, that nothing contained in sentence shall affect Tenant's obligations to pay to Landlord any Rent or other money due hereunder, or to fulfill or remain liable for any other obligations, that accrued prior to said termination date. Within twenty (20) days after such termination, Landlord shall be adjusted return the balance of the Security Deposit and the Letter of Credit to Tenant. Tenant hereby further covenants and agrees to promptly execute and deliver to Landlord any lease amendment or other such document appropriate to reflect the actual square footage of changes in the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseLeast described or contemplated above.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement (Accord Networks LTD), Lease Agreement (Accord Networks LTD)
Right to Relocate. Sublandlord may(a) The Landlord shall have the right, at any timetime during the term of this lease, to relocate any the Tenant to other premises of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage area within the Building. Such right shall be exercised by the giving of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage not less than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written days' notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways writing to facilitate the move and Tenant.
(b) The Landlord shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice expenses of such relocation, including the cost of partitioning the new premises, but such costs shall include the costs of the physical movement of the Tenant's chattels and the relocation of Leasehold Improvements only and the Landlord shall not be liable for any other costs including without limitation the cost of printing stationery nor shall the Landlord be liable for any loss occasioned by the interruption of the Tenant's business.
(c) If the Landlord relocates the Tenant as aforesaid, this lease shall continue in full force with the following amendments:
(i) The description of the Premises in Schedule "A" and in page one of this lease shall be amended to contain a description of the premises to which the Tenant has been relocated;
(ii) The area of the Premises as described on page one of this lease shall be amended to indicate the area of the premises as a result of amendment (i) above mentioned; and
(iii) The annual rent set forth in subclause 3(a) hereof shall be amended by increasing it or decreasing it by a percentage equal to the percentage increase or decrease in the area of the Premises as a result of amendment (ii) above mentioned.
(d) If the Tenant refuses to allow the Landlord to relocate the Tenant as aforesaid or if the Tenant attempts to obstruct such relocation in any manner, the Landlord may, at its option, terminate this lease with notice to the Tenant, without prejudice to any other rights or remedies it may have, and rent and any other payments for which the Tenant is liable shall be apportioned and paid to the date of such termination to be effective sixty (60) days after Subtenant’s election. Upon together the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage reasonable expenses of the New Premises Landlord attributable to the termination of the lease and the New Tenant shall immediately deliver possession of the Premises to the Landlord.
(e) at any time during the last year of the lease term, Landlord shall be deemed have the option to have replaced the applicable Subleased Premises for all purposes under this Subleaseterminate in lieu of relocating.
Appears in 2 contracts
Samples: Sublease Agreement (Hycomp Inc), Sublease Agreement (Hycomp Inc)
Right to Relocate. Sublandlord may, Landlord may at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located its option and upon giving twenty (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (6020) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord to Tenant, substitute for the Premises other premises in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to Building (the “New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30”) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and in which event the New Premises shall be deemed to have replaced be the applicable Subleased Premises for all purposes hereunder, provided:
(a) The New Premises shall be comparable in size and type and quality of tenant finishes; and
(b) The Base Rent and other rentals payable under this SubleaseLease shall remain the same. Tenant shall accept possession of the New Premises in its “as-is” condition; provided, however, Landlord, at Landlord’s expense, shall make reasonable improvements so that the New Premises will provide the Tenant with the same standard of quality and usefulness as the original Premises (excluding, however, non-standard improvements made or paid for by Tenant). In the event of any such relocation of Tenant, Landlord shall pay for Tenant’s reasonable moving costs as well as the reasonable costs of replacing Tenant’s stationery, business cards and the like, and the reasonable costs of relocating Tenant’s wiring, cabling and telecommunications equipment; provided, however, Tenant shall not be entitled to any compensation for damages for any interference with or interruption of its business during or resulting from such relocation. If such option is validly so exercised by Landlord, Tenant shall continue to occupy the present Premises (upon all of the terms, covenants, conditions, provisions and agreements of this Lease, including the covenant for the payment of Rent) until the date on which Landlord shall have substantially completed said alteration work in the New Premises. Tenant shall move from the present Premises into the New Premises immediately upon the date of such substantial completion by Landlord and shall vacate and surrender possession to Landlord of the present Premises on such date and if Tenant continues to occupy the present Premises after such date, then thereafter, during the period of such occupancy, Tenant shall pay Rent for the present Premises, in addition to the Rent for the New Premises. With respect to said alteration work in the New Premises, if Tenant requests materials or installations other than those originally installed by Landlord, or if Tenant shall make changes in the work (such non-original materials or installations for changes being subject to Landlord’s written approval), and if such non-original materials or installments or changes shall delay the work to be performed by Landlord, or if Tenant shall otherwise delay the substantial completion of Landlord’s work, the happening of such delays shall in no event postpone the date for the commencement of the payment of Rent for the New Premises, beyond the date on which such work would have been substantially completed but for such delay, and, in addition, Tenant shall continue to pay Rent for the original Premises until it vacates and surrenders same as aforesaid. Landlord at its discretion may substitute materials of like quality for the materials originally utilized.
Appears in 2 contracts
Samples: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)
Right to Relocate. Sublandlord mayIf the Premises comprise less than fifty percent (50%) of the floor where located, Landlord, at any timeits option, relocate any of Subtenant’s Subleased may substitute for the Premises to another area of other space (hereafter called "Substitute Premises") within the Building in which such Subleased Premises are located (“New Premises”)before the Commencement Date or at any time during the Term or any extension of this Lease. Insofar as reasonably possible, provided the New Substitute Premises shall have, if possible, approximately the same rentable square footage be of space; notwithstanding the foregoing, Sublandlord comparable quality and shall have the right to offer Subtenant New Premises with lesser a comparable square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open foot area and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are a configuration substantially similar to the then existing Subleased Premises. Sublandlord Landlord shall provide Subtenant with give Tenant at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of its intention to relocate Tenant to the Substitute Premises. This notice will be accompanied by a floor plan of the Substitute Premises. After such relocationnotice, Tenant shall have ten (10) days within which to agree with Landlord on the proposed Substitute Premises and unless such termination to be effective agreement is reached within such period of time, Landlord may terminate this Lease at the end of the sixty (60) days day period of time following the aforesaid notice. Landlord agrees to construct or alter, at its own expense, the Substitute Premises as expeditiously as possible so that they are in substantially the same condition that the Premises were in immediately prior to the relocation. Landlord shall have the right to reuse the fixtures, improvements and alterations used in the Premises. Tenant agrees to occupy the Substitute Premises as soon as Landlord's work is substantially completed. If such relocation occurs after Subtenant’s electionthe Commencement Date, then Landlord shall pay Tenant's reasonable cost of moving Tenant's furnishings, telephone and computer wiring, and other property to the Substitute Premises, and reasonable printing costs associated with the change of address. Except as provided herein, Tenant agrees that all of the obligations of this Lease, including the payment of Rent, will continue despite Tenant's relocation to the Substitute Premises. Upon the substantial completion of a relocationthe Substitute Premises, this Lease will apply to the Substitute Premises as if the Substitute Premises had been the space originally described in this Lease. Except as provided above, Landlord shall not be liable or responsible in any way for damages or injuries suffered by Tenant pursuant to the relocation in accordance with this provision including, but not limited to, the Rent shall be adjusted to reflect the actual square footage loss of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Subleasegoodwill, business, or profits.
Appears in 2 contracts
Samples: Office Lease (Global Axcess Corp), Office Lease (Global Axcess Corp)
Right to Relocate. Sublandlord mayAnytime after the Twenty-fourth (24) month following the Commencement Date, at any time, relocate any of Subtenant’s Subleased Premises to another area of or anytime after the Building in which such Subleased Premises are located after sixieth (“New Premises”60th) month following the Commencement Date provided Tenant has exercised its Renewal Option under Section 32 (Renewal Option), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right option to offer Subtenant New Premises with lesser square footage than relocate the original Subleased Premises Tenant to alternative space (but “Relocated Space”) in no event lesser than 70% the Building or Park at any time during the Term of the original Subleased Lease, which alternative space shall be substantially the same size as the Premises. In the event, Landlord is interested in relocating Tenant to a purposed Relocated Space, Landlord shall send written notice to Tenant with the location of the Relocated Space and Tenant shall have five (5) business days to decide in writing, to Landlord, if Sublandlord’s store size has been the Relocation Space is acceptable or is not to Tenant. If Tenant does not send written notice to Landlord of its decision to accept or reject the purposed Relocated Space, Tenant shall have deemed to have accepted the Relocated Space. If Tenant responds in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Sectionwriting, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar Relocated Space is not acceptable, Landlord, at it’s option, shall have five (5) business days to decide whether or not to terminate the then existing Subleased PremisesLease with written notice to Tenant. Sublandlord If Landlord elects to terminate the Lease, Landlord shall provide Subtenant with Tenant an $8,000 reimbursement allowance for reasonable and actual out of pocket relocation expenses of for its actual move to another facility. If Tenant elects to accept that the Relocated Space, Landlord shall, at least its option, give not less than sixty (60) days days’ prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways notice, to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperateTenant, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with which notice shall include the date on which the Tenant shall be required to relocate or move and a description of the space to which Tenant will be relocated. Landlord shall pay all reasonable and actual out-of-pocket costs and expenses of relocating Tenant. If the Premises have already been improved for Tenant’s occupancy, Landlord shall improve the new premises at its expense such termination to be effective sixty (60) days after Subtenant’s electionthat they are in substantially the same condition as the Premises. Upon In the completion event of a such relocation, such alternative space shall, for all purposes, be deemed the Premises hereunder and this Lease shall continue in full force and effect without any change in the other terms or conditions hereof; provided however, the Base Rent and other expenses paid hereunder shall be adjusted to reflect such that the actual square footage of Base Rent and other expenses paid by Tenant for the New Premises and the New Premises new premises shall be deemed to have replaced the applicable Subleased Premises same on a per square foot basis as they are for all purposes under this Subleasethe Premises.
Appears in 2 contracts
Samples: Lease Agreement (Clearside Biomedical, Inc.), Lease Agreement (Clearside Biomedical, Inc.)
Right to Relocate. Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area Following expiration of the Building in which such Subleased Premises are located (“New Premises”)second Lease Year of the Initial Term, provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New Premises with lesser square footage relocate Tenant to different space, which is equal to or better than the original Subleased Premises in terms of layout, foot traffic and visibility, in the Project at Landlord's sole cost. Subject to the foregoing sentence, the new space will be in a location designated by Landlord in its sole discretion and will be approximately the same size as the Premises, Base Rent and all other square footage-based dollar obligations will be calculated on the basis of the Floor Area of the new space (but in no event lesser more than 70% the amount then being paid by Tenant for the existing space, subject to adjustment as provided in this Lease). Otherwise, the terms and conditions of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the this Lease will be fully applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premisesnew space. Sublandlord shall Landlord will provide Subtenant Tenant with at least sixty not less than ninety (6090) days prior written notice before making such relocation demandof the relocation. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate Tenant will have the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperateright, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord Landlord delivered within thirty twenty (3020) calendar days after receipt Landlord's relocation notice, to terminate this Lease provided that Tenant shall promptly vacate the Premises on the date set forth in the relocation notice and shall pay Rent until the Premises are vacated. If Tenant elects to terminate this Lease due to such relocation, then this Lease shall terminate effective as of Sublandlord’s written the date Landlord specified in its notice that Tenant was to relocate to the new space and, provided Tenant vacates the Premises as required in this Lease on or before such date, Landlord shall pay Tenant the sum as provided in Section 4.8 below or withdraw its request to relocate Tenant. If Landlord withdraws its request to relocate Tenant, then such notice to relocate shall become null and void. In no event shall Landlord be entitled to relocate Tenant before the date this is twenty-four (24) months after the date that Tenant opens for business to the public in the Premises. Landlord's right to relocate the Premises shall also be subject to the following: (a) Landlord will, at Landlord's sole cost and expense (except for the costs for Tenant's trade fixtures, personalty and inventory) fully construct the new space and deliver the same to Tenant in the same condition as is the Premises at the time of such relocation; provided, however, Tenant shall have the right to request that Landlord build the new space with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage design different than that of the New Premises (e.g., a new prototype for Tenant's stores) and Landlord shall comply with Tenant's request so long as such design complies with Landlord's design requirements; provided, further, Tenant shall reimburse Landlord for such incremental portion of the New Premises construction and design costs of the new space that result from Tenant's change of the design for the new space. Subject to the foregoing sentence, Landlord's cost shall be deemed to have replaced include any costs associated with the applicable Subleased Premises for all purposes under this Sublease.store layout,
Appears in 2 contracts
Samples: Lease Agreement (Silicon Entertainment Inc /Ca/), Lease Agreement (Silicon Entertainment Inc /Ca/)
Right to Relocate. Sublandlord may, at any time, relocate In the event Landlord shall add additional buildings to the Shopping Center or expand any of Subtenant’s Subleased Premises to another area the buildings currently contained therein or renovate or reconfigure any part of the Building Shopping Center in which such Subleased Premises are located the vicinity of the Leased Premises, Landlord shall have the right, subject to Tenant’s right of termination as set forth below to relocate Tenant’s operation to other premises (the “New Premises”)) in another part of the Shopping Center or building in accordance with the following: Landlord shall notify Tenant, provided at least one hundred fifty (150) days prior to the proposed relocation date, of Landlord’s intention to relocate Tenant’s operation to the New Premises; the proposed relocation date and the size, configuration and location of the New Premises shall have, if possible, approximately the same rentable square footage of spacebe set forth in Landlord’s notice; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be substantially the same in size and configuration as the Leased Premises described in the Lease. In the event Landlord relocates Tenant and has completed the Tenant Improvements at Landlord’s expense, Tenant shall enter into a new lease agreement with Landlord for a period of five (5) years under the same terms and conditions of this Lease. In the event the New Premises described in Landlord’s relocation notice are unacceptable to Tenant, Tenant shall have the right, exercisable by written notice to Landlord, given thirty (30) days following receipt of Landlord’s relocation notice, to reject the relocation request. Upon Landlord’s receipt of Tenant’s rejection Landlord shall, in its sole discretion, have the right to terminate this Lease, such termination to be effective as of the proposed relocation date as set forth in Landlord’s notice or to retract the relocation request and this Lease shall continue in full force and effect. Failure by Tenant to timely exercise such right shall be deemed a waiver with respect thereto and confirmation that the New Premises are acceptable to Tenant. Tenant shall have replaced the applicable Subleased right to accept the New Premises only for all purposes under the unexpired term of this SubleaseLease. Landlord has made no representation as to any additional improvements or stores or any existing stores in the Shopping Center and this provision does not create any rights of option, first refusal or otherwise with respect to any present or future space in the Shopping Center.
Appears in 2 contracts
Samples: Master Condominium Shopping Center Lease Agreement, Master Condominium Shopping Center Lease Agreement
Right to Relocate. Sublandlord mayA. If the Premises becomes uninhabitable for any reason (i) not caused by Tenant, Occupants, guests, invitees, licensees, or animals housed by Tenant and (ii) not resulting from acts of God, terrorist attacks, base closure, epidemics, pandemics, or any cause beyond the reasonable control of Owner, then Owner will relocate Tenant either temporarily or permanently at any time, relocate any of Subtenant’s Subleased Premises no cost to another area of Tenant in accordance with the Building in which such Subleased Premises are located Minimum Standard Tenant Displacement Guidelines (“New PremisesDisplacement Guidelines”)) attached hereto as Schedule 4.
B. Owner reserves the right, provided on forty-five (45) calendar days advance written notice, to relocate Tenant at Owner’s expense due to construction or renovations to any Military Privatized Housing Initiative unit located within a reasonable distance from the New Premises shall haveoriginal housing location in accordance with the [Displacement Guidelines (Schedule 4)][Construction Relocation Rider attached hereto as Schedule [13]]. In addition, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have Owner reserves the right to offer Subtenant New relocate Tenant upon no less than 24 hours advance written notice (unless safety or habitability conditions otherwise do not permit), either temporarily or permanently, at Owner’s expense, when Owner determines habitability conditions, such as immediate life, health and safety issues with the Premises require relocation in accordance with lesser square footage than the original Subleased Premises attached Displacement Guidelines (but in no event lesser than 70% Schedule 4).
C. If relocation is due to damage or habitability deficiencies caused by Tenant, Occupants, guests, invitees, licensees, or animals housed by Tenant, Tenant’s relocation shall be at Tenant’s sole cost and expense and Tenant will pay for the cost to repair such habitability deficiencies.
D. Tenant consents to comply with the following terms of relocation, if applicable:
(1) If Tenant accepts and occupies a home with special accessibility or readily adaptable features, and Tenant and Occupants do not require such features, then Tenant agrees to relocate to another home within a reasonable amount of time if Community Manager notifies Tenant that the original Subleased Premises) if Sublandlord’s store size has been or home is in the process of being reducedneeded to accommodate another Tenant with a special accessibility requirement. Provided that Subtenant is open Owner will pay for all reasonable costs directly associated with such relocation. Tenant and operating at the applicable Subleased Premises Community Manager shall sign an Accessible/Adaptable Unit Relocation Addendum acknowledging this consent at the time Sublandlord exercises this Lease is executed.
(2) Tenant may request a move to a home in another housing category in accordance with any guidance that may be specified in the rights granted by this SectionCommunity Specific Addendum if: (i) the Tenant’s military pay grade changes in the event of promotion or demotion, Sublandlord agrees or (ii) the Tenant’s bedroom qualification changes. In either case, the move would be voluntary, dependent on housing category availability, and at the Tenant’s sole cost and expense.
(3) If any change of status or condition causes Tenant to pay all reasonable moving expenses incurred by Subtenant incident lose housing eligibility and Tenant desires to such relocation and remain in the Premises, then Tenant must submit a request for improving retention of the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty MHO and the Owner within fifteen (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (3015) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and change in status.
(4) Any other terms of relocation are set forth on the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseCommunity Specific Addendum.
Appears in 2 contracts
Samples: Military Member Tenant Lease Agreement, Mhpi Military Member Tenant Lease Agreement
Right to Relocate. Sublandlord mayLandlord shall have the right, upon providing Tenant forty-five (45) days' written notice describing the premises to which Tenant is to be relocated, to move Tenant to other space in the Building (the "Relocation Premises") if necessary to accommodate a tenant who requires at any time, relocate any of Subtenant’s Subleased Premises to another area least 5,000 rentable square feet on the 12th floor of the Building in which such Subleased Premises are located Building. (“New Premises”), provided Landlord shall also provide Tenant with a preliminary notice of possible relocation promptly after Landlord and the New Premises shall have, if possible, approximately prospective tenant execute a letter of intent for the same rentable square footage of applicable space; notwithstanding the foregoing, Sublandlord .) Tenant shall have the right to offer Subtenant New cancel this Lease by giving Landlord, within ten (10) days of Tenant's receipt of Landlord's 45 day notice exercising such relocation right, written notice of Lease cancellation with such cancellation to take effect thirty-five (35) days thereafter (the "Cancellation Date"), and during such ten (10) day period, Landlord shall give Tenant reasonable access to Relocation Premises to inspect the Relocation Premises, subject to the occupancy and rights of tenants in possession of the Relocation Premises, if any. In the event Tenant fails to provide Landlord with lesser square footage than written notice of Lease cancellation within the original Subleased aforesaid 10-day period, Tenant's right to cancel this Lease shall lapse. In the event Tenant cancels this Lease pursuant to this paragraph, Tenant shall vacate the Premises and the Building within thirty-five (but 35) days of Tenant's delivery to Landlord of its notice of cancellation, and Tenant shall not be liable for any further obligations of this Lease accruing after the Cancellation Date; however, if Tenant requests temporary space in its cancellation notice, Landlord shall use good faith efforts to provide Tenant with temporary space in the Building for a term of 120 days from the cancellation of this Lease, and any such temporary space shall be provided upon the terms of this Lease (including, without limitation, the same Base Rent rate then applicable to the Premises), except that in no event lesser shall Landlord be obligated to improve the temporary space or pay for any of Tenant's moving costs. Tenant's new space shall be no smaller than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods provided with comparable improvements (upgrading only to the New Premiseslevel of Tenant's prior space). If Subtenant fails to so cooperateLandlord shall pay the expenses reasonably incurred by Tenant in connection with such substitution of Premises including but not limited to, Sublandlord shall be relieved costs of all responsibility for damage or injury to Subtenant or its property during such movemoving, except as may be caused by Sublandlord’s actual negligencedoor lettering, telephone relocation and reasonable quantities of new stationery. Notwithstanding In the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice event of such relocation, with such termination this Lease shall remain in full force and effect and be deemed applicable to the new space except that EXHIBIT "A" and Section 1 of the Basic Lease Provisions shall be effective sixty (60) days after Subtenant’s election. Upon amended to include and state all correct data as to the completion of a relocationnew space; however, the Base Rent shall be adjusted to reflect the actual square footage and Tenant's Share of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes Increased Costs payable under this SubleaseLease shall not be increased.
Appears in 2 contracts
Samples: Office Space Lease (Adexa Inc), Office Space Lease (Adexa Inc)
Right to Relocate. Sublandlord mayIf the demised Premises comprise less than fifty percent (50%) of the floor where located, Landlord, at any timeits option, relocate any of Subtenant’s Subleased may substitute for the Demised Premises to another area of the Building in which such Subleased Premises are located other space (hereafter called “New Substitute Premises”)) within the project before the commencement date or at any time during the term or any extension of their lease. Insofar as reasonably possible, provided the New Substitute Premises shall have, if possible, approximately the same rentable have a comparable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open foot area and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are a configuration substantially similar to the then existing Subleased Demised Premises. Sublandlord Landlord shall provide Subtenant with give Tenant at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods intention to relocate Tenant to the New Substitute Premises. If Subtenant fails This notice will be accompanied by a floor plan of the Substitute Premises. After such notice, Tenant Shall have ten (10) days within which to so cooperateagree with Landlord on the proposed new space and unless such agreement is reached within such period of time, Sublandlord this lease shall be relieved terminate at the end of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligencethe sixty (60) day period of time following the aforesaid notice. Notwithstanding In the foregoing, if the New Premises identified by Sublandlord event suitable substitute space is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days available after receipt of SublandlordLandlord’s written notice of such relocation, then either party may terminate this lease with such termination to be effective sixty (60) days after Subtenant’s electionadvance written notice. Upon the completion of a relocationLandlord agrees to construct or alter, at its own expense, the Rent Substitute Premises as expeditiously as possible so that they are in substantially the same condition that the Demised Premises were in immediately prior to the relocation. Landlord shall be adjusted have the right to reflect reuse the actual square footage fixtures, improvements, and alterations used in the Demised Premises, Tenant agrees to occupy the Substitute Premises as soon as Landlord’s work is substantially completed. Landlord shall pay Tenant’s reasonable cost of moving Tenant’s furnishings, trade fixtures, and inventory to the Substitute Premises. Except as provided herein, Tenant agrees that all of the New obligations of this lease, including the payment of rent, will continue despite Tenant’s location. Tenant’s rent shall xxxxx from the date the Demised Promises are closed until the date the Substitute Premises and are open for business. Tenant agrees to use all reasonable efforts to open for business in the New Substitute Premises as quickly as is reasonably possible under the circumstance. Except as provided above, Landlord shall not be deemed liable or responsible in any way for damages or injuries suffered by Tenant pursuant to have replaced the applicable Subleased Premises for all purposes under relocation in accordance with this Subleaseprovision including, but not limited to, loss of goodwill, business, or profits.
Appears in 1 contract
Samples: Lease (North State Bancorp)
Right to Relocate. Sublandlord mayIf the demised Premises comprise less than fifty percent (50%) of the floor where located, Landlord, at its option, may substitute for the Demised Premises other space (hereafter called "Substitute Premises") within the project before the commencement date or at any time during the term or any extension of their lease. Insofar as reasonably possible, the Substitute Premises shall have a comparable square foot area, configuration, and amenities substantially similar to the Demised Premises. Landlord shall give Tenant at least ninety (90) days written notice of its intention to relocate Tenant to the Substitute Premises. This notice will be accompanied by a floor plan of the Substitute Premises. After such notice, Tenant Shall have ten (10) days within which to agree with Landlord on the proposed new space and reasonable rent adjustments as may 18 19 be appropriate and unless such agreement is reached within such period of time, relocate any of Subtenant’s Subleased Premises to another area this lease shall terminate at the end of the Building ninety (90) day period of time following the aforesaid notice. In the event suitable substitute space is not available after Landlord's written notice then either party may terminate this lease with sixty (60) days advance written notice. Landlord agrees to construct or alter, at its own expense, the Substitute Premises as expeditiously as possible so that they are in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately substantially the same rentable square footage of space; notwithstanding condition that the foregoing, Sublandlord Demised Premises were in immediately prior to the relocation. Landlord shall have the right to offer Subtenant New reuse the fixtures, improvements, and alterations used in the Demised Premises. Tenant agrees to occupy the Substitute Premises with lesser square footage than as soon as Landlord's work is substantially completed. Landlord shall pay Tenant's reasonable cost of moving Tenant's furnishings, trade fixtures, and inventory to the original Subleased Premises (but in no event lesser than 70% Substitute Premises. Except as provided herein, Tenant agrees that all of the original Subleased Premises) if Sublandlord’s store size has been or is obligations of this lease, including the payment of rent, will continue despite Tenant's location. Tenant's rent shall abatx xxxm the date the Demised Premises are closed until the date the Substitute Premises are open for business. Tenant agrees to use all reasonable efforts to open for business in the process of being reducedSubstitute Premises as quickly as is reasonably possible under the circumstance. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted Except as provided above, Landlord shall not be liable or responsible in any way for damages or injuries suffered by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar Tenant pursuant to the then existing Subleased Premises. Sublandlord shall provide Subtenant relocation in accordance with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all this provision including, but not limited to, loss of its inventory and other goods to the New Premises. If Subtenant fails to so cooperategoodwill, Sublandlord shall be relieved of all responsibility for damage business, or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Subleaseprofits.
Appears in 1 contract
Right to Relocate. Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have Landlord reserves the right to offer Subtenant New relocate the Premises. If Landlord exercises this right, it agrees to substitute for the Premises with lesser square footage than comparable office space subject to the original Subleased Premises following conditions: (but in no event lesser than 70% a) Landlord shall have given Tenant written notice (the "Relocation Notice") of the original Subleased relocation identifying the location and dimensions of the new space to be made subject to this Lease (the "Substitute Premises") if Sublandlord’s store size has been or is together with a plan of such Substitute Premises; (b) the Substitute Premises shall be substantially similar in area to the process Premises initially leased to Tenant hereunder and shall be delivered with improvements of being reduced. Provided that Subtenant is open a similar standard and operating quantity as exists at the applicable Subleased Premises at the time Sublandlord exercises Commencement Date (together with any approved Alterations constructed by Tenant); and (c) Landlord shall pay all of Tenant's reasonable costs and expenses directly incurred as a result of the rights granted by this Sectionrelocation, Sublandlord including moving expenses in connection with the relocation and the cost of re-wiring and re-installing telephone machinery and equipment, which expenses shall be subject to Landlord's reasonable review prior to Tenant incurring any liability therefor. Tenant agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways Landlord so as to facilitate the move prompt completion by Landlord of its obligations under this Section and the prompt surrender by Tenant of the Premises. Tenant shall vacate and surrender the Premises and shall be responsible for moving all of its inventory and other goods to occupy the New Premises. If Subtenant fails to so cooperateSubstitute Premises promptly (and, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such movein any event, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within later than thirty (30) calendar days days) after receipt of Sublandlord’s written notice of such relocation, with such termination the work has been substantially completed in the Substitute Premises. Landlord and Tenant agree to be effective sixty execute a lease amendment within ten (6010) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage following delivery of the New Premises Relocation Notice to confirm the leasing of the Substitute Premises, and any corresponding changes relative to the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseSubstitute Premises.
Appears in 1 contract
Samples: Lease Agreement (Pc Connection Inc)
Right to Relocate. Sublandlord may(a) During the License Period, Licensor may elect to relocate Licensee from a particular License Area to other space (the "Substitute License Area") within the Premises in which the particular License Area is located, or the site of which such Premises forms a part, by giving Licensee at least 90 days' prior written notice. In accomplishing such relocation, Licensor and Licensee shall reasonably cooperate with one another (and consult with one another in good faith as to the timing of the relocation) so as to reduce or limit, insofar as reasonably possible, the effects of the necessary disturbance/disruption of Licensee's operations conducted at the License Area. In furtherance of the foregoing, Licensor, at any timeLicensor's sole cost and expense, relocate any shall duplicate in the Substitute License Area the layout, improvements, and equipment contained in the License Area (including, without limitation, Licensee's local area networking cabling), and, with Licensee's cooperation, shall cause same to be operational and functional (to at least substantially the same standard as exists in the License Area prior to the actual relocation). Such relocation notice shall specify the effective date of Subtenant’s Subleased Premises the relocation and the space to another which Licensee is being relocated, and Licensee shall surrender the License Area in accordance with the provisions of paragraph 18 hereof on or before the stated effective date.
(b) Failure of Licensee to surrender the License Area shall constitute a default hereunder. The Substitute License Area shall be substantially similar to the License Area and contain square footage that is not less than the existing square footage of rentable area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reducedLicense Area. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and Licensor shall be responsible for moving all of its inventory and other goods any work in the Substitute License Area necessary to make it comparable to the New Premises. If Subtenant fails to so cooperateLicense Area, Sublandlord which work shall be relieved completed prior to the stated effective date. Licensor shall be liable for any moving expenses or any other direct costs incurred by Licensee by reason of such relocation (including, without limitation, the physical duplication of the layout and equipment as referenced in subparagraph (a) above and all responsibility design and engineering costs and fees therefor), but shall not be liable for damage indirect, special, consequential or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligenceother similar costs and losses. Notwithstanding On the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt stated effective date of Sublandlord’s written notice of any such relocation, with such termination all references to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises License Area herein shall be deemed to have replaced mean the applicable Subleased Premises for Substitute License Area, and all purposes under this Subleaseof the terms, covenants and conditions hereof (including the License Fee) shall apply to the Substitute License Area.
Appears in 1 contract
Samples: Master License Agreement (PWCC LTD)
Right to Relocate. Sublandlord may45.01 Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New substitute in lieu of the Premises alternative space in the Building designated by Landlord (the "Relocation Space") effective as of the date (the "Relocation Effective Date") set forth in a notice given to Tenant (the "Relocation Notice"). The Relocation Space shall be reasonably comparable to the Premises with lesser respect to internal configuration, quality of finish and rentable square footage foot area (ix., plus or minus ten (10%) percent). The Relocation Effective Date shall not be less than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice following the date upon which the Relocation Notice is given to Tenant. In the event that Landlord exercises its rights hereunder, (i) Tenant shall deliver to Landlord possession of the Premises on or before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move Relocation Effective Date vacant and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperatebroom clean, Sublandlord shall be relieved free of all responsibility for damage or injury to Subtenant or its property during such moveoccupancies and encumbrances and otherwise in accordance with the terms, except covenants and conditions of the Lease as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to SubtenantRelocation Effective Date were the expiration date of the Term of this Lease, then Subtenant may elect to terminate this Sublease solely (ii) effective as of the Relocation Effective Date, the term and estate hereby granted with respect to such Subleased the Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocationoriginally demised hereunder shall terminate, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Fixed Annual Rent and Additional Rent payable under this SubleaseLease shall be adjusted, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space.
45.02 Provided that Tenant is not in default under this Lease, Landlord shall (i) at Landlord's cost and expense, remove and reinstall Tenants' personal property, trade fixtures and equipment in the Relocation Space (“Landlord's Relocation Work") and (ii) compensate Tenant for Tenant's actual, reasonable, out-of-pocket moving and related expenses upon Tenant's submission of paid invoices therefor. Landlord shall complete Landlord's Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof.
45.03 Following any relocation undertaken pursuant to this Article, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Fixed Annual Rent and Additional Rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
45.04 Notwithstanding anything contained herein to the contrary, Landlord and Tenant agree that in no event shall the fixed annual rent payable hereunder be increased in the event the Relocation Space is larger than the Premises.
Appears in 1 contract
Right to Relocate. Sublandlord mayIf the demised Premises comprise less than fifty percent (50%) of the floor where located, Landlord, at its option, may substitute for the Demised Premises other space (hereafter called "Substitute Premises") within the project before the commencement date or at any timetime during the term or any extension of their lease. Insofar as reasonably possible, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Substitute Premises shall have, if possible, approximately the same rentable have a comparable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open foot area and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are a configuration substantially similar to the then existing Subleased Demised Premises. Sublandlord Landlord shall provide Subtenant with give Tenant at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of its intention to relocate Tenant to the Substitute Premises. This notice will be accompanied by a floor plan of the Substitute Premises. After such relocationnotice, Tenant Shall have ten (10) days within which to agree with Landlord on the proposed new space and unless such termination to be effective agreement is reached within such period of time, this lease shall terminate at the end of the sixty (60) day period of time following the aforesaid notice. In the event suitable substitute space is not available after Landlord's written notice then either party may terminate this lease with sixty (60) days after Subtenant’s electionadvance written notice. Upon the completion of a relocationLandlord agrees to construct or alter, at its own expense, the Rent Substitute Premises as expeditiously as possible so that they are in substantially the same condition that the Demised Premises were in immediately prior to the relocation. Landlord shall be adjusted have the right to reflect reuse the actual square footage fixtures, improvements, and alterations used in the Demised Premises. Tenant agrees to occupy the Substitute Premises as soon as Landlord's work is substantially completed. Landlord shall pay Tenant's reasonable cost of moving Tenant's furnishings, trade fixtures, and inventory to the Substitute Premises. Except as provided herein, Tenant agrees that all of the New obligations of this lease, including the payment of rent, will continue despite Tenant's location. Tenant's rent shall xxxxx from the date the Demised Premises and are closed until the New date the Substitute Premises are open for business. Tenant agrees to use all reasonable efforts to open for business in the Substitute Premises as quickly as is reasonably possible under the circumstance. Except as provided above, Landlord shall not be deemed liable or responsible in any way for damages or injuries suffered by Tenant pursuant to have replaced the applicable Subleased Premises for all purposes under relocation in accordance with this Subleaseprovision including, but not limited to, loss of goodwill, business, or profits.
Appears in 1 contract
Right to Relocate. Sublandlord mayIf the entire Premises (including without limitation, all space added thereto pursuant to Exhibit F hereof) comprise 10,000 rentable square feet or less in the Building where located, Landlord, at its option, may substitute for the Premises other space (hereafter "Substitute Premises") within the Park before the commencement date or any timetime during the Term or any extension of this Lease. Insofar as reasonably possible, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Substitute Premises shall have, if possible, approximately the same rentable have a comparable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open foot area and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are a configuration substantially similar to the then existing Subleased Premises. Sublandlord Landlord shall provide Subtenant with give Tenant at least sixty (60) days prior advance written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods intention to relocate Tenant, accompanied by a floor plan of the New Substitute Premises. If Subtenant fails to so cooperate, Sublandlord Tenant shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty have ten (3010) calendar days after receipt of Sublandlord’s written the notice within which to agree to being relocated to the Substitute Premises, and if Tenant does not so agree Landlord may terminate this Lease at the end of such relocation, with such termination to be effective the sixty (60) days day period following the giving of the notice. If Tenant agrees to being relocated, Landlord shall at its expense construct and/or alter the Substitute Premises to where they are in substantially the same condition as the Premises are immediately before the relocation. Landlord shall have the right to use in the Substitute Premises fixtures, improvements and alterations from the Premises, and Tenant shall occupy the Substitute Premises as soon as Landlord's work is substantially completed. If the relocation occurs after Subtenant’s electionthe Term commences, Landlord shall pay Tenant's reasonable cost of moving its furnishings and other property to the Substitute Premises. Upon the substantial completion of a relocation, the Rent Substitute Premises all the terms and obligations of this Lease shall be adjusted apply to reflect the actual square footage of Substitute Premises as if they had been the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under space originally described in this SubleaseLease.
Appears in 1 contract
Samples: Net Lease (Closure Medical Corp)
Right to Relocate. Sublandlord mayWith respect to any building which Sublessee occupies pursuant to this Sublease, at any timeafter Sublessee’s execution of this Sublease, relocate any Sublessor, to the extent required by SCLAA, shall have the right, upon giving Sublessee ninety (90) days notice in writing, to provide and furnish Sublessee with space elsewhere in such other building within the boundaries of Subtenant’s Subleased Premises to another area SCLA of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage size and with similar characteristics and amenities (such as access to streets and runways) as the Subleased Premises, and to place Sublessee in such new building space at the Sublessor’s expense. Such right shall only be exercised in good faith to the extent the Sublessor requires the current space for the development of space; notwithstanding SCLA. In the foregoing, Sublandlord shall have the right event Sublessor moves Sublessee to offer Subtenant New Premises said new space within any building then this Sublease with lesser square footage than respect to the original Subleased Premises (but in no event lesser than 70% and each and all of the original terms and covenants and conditions thereof shall thereupon remain in full force and effect and be deemed applicable to such new space. If the space in the building is smaller in size than the existing Subleased Premises, then Sublessor shall receive a reduction in rent equal to the difference between the size (using interior square footage) if Sublandlord’s store size has been or is in of the process of being reduced. Provided that Subtenant is open and operating at the applicable existing Subleased Premises at and the time Sublandlord exercises size of the rights granted by this Sectionnew building. However, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving Sublessee shall not be assessed additional rent if the New Premises so that new space is larger in size the New Premises are similar to the Sublessee’s then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate , unless the move and shall be responsible for moving all new building exceeds the size of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such existing Subleased Premises by written notice more than fifteen percent (15%). Sublessee reserves the right to Sublandlord within thirty (30) calendar days after receipt reject relocation to a specific location which does not comply with the terms of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Subleaseprovision.
Appears in 1 contract
Samples: Sublease Agreement
Right to Relocate. Sublandlord mayIf the Premises comprise less than fifty percent (50%) of the floor where located, Landlord, at any timeits option, relocate any of Subtenant’s Subleased may substitute for the Premises to another area of the Building in which such Subleased Premises are located other space (hereafter called “New Substitute Premises”)) within the “Parkway Plaza at any time during the Term or any extension of this Lease. Insofar as reasonably possible, provided the New Substitute Premises shall have, if possible, approximately the same rentable square footage be of space; notwithstanding the foregoing, Sublandlord comparable quality and shall have the right to offer Subtenant New Premises with lesser a comparable square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open foot area and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are a configuration substantially similar to the then existing Subleased Premises. Sublandlord Landlord shall provide Subtenant with give Tenant at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods intention to relocate Tenant to the New Substitute Premises. If Subtenant fails to so cooperateThis notice will be accompanied by a floor plan of the Substitute Premises. After such notice, Sublandlord Tenant shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within have thirty (30) calendar days after receipt within which to agree with Landlord on the proposed Substitute Premises and unless such agreement is reached within such period of Sublandlord’s written notice time, Landlord may terminate this Lease at the end of such relocation, with such termination to be effective sixty the one hundred and eighty (60180) days from the date of the aforesaid notice. In the event Landlord exercises its rights hereunder to terminate this Lease, Landlord shall provide Tenant with up to two dollars ($2.00) per rentable square foot of the Premises as reimbursement to Tenant for Tenant’s actual moving costs. Landlord agrees to construct or alter, at its own expense, the Substitute Premises as expeditiously as possible so that they are in substantially the same condition that the Premises were in immediately prior to the relocation. Landlord shall have the right to reuse the fixtures, improvements and alterations used in the Premises. Tenant agrees to occupy the Substitute Premises as soon as Landlord’s work is substantially completed. If such relocation occurs after Subtenantthe Commencement Date, then Landlord shall pay Tenant’s electionreasonable cost of moving Tenant’s furnishings, telephone and computer wiring, and other property to the Substitute Premises, and reasonable printing costs associated with the change of address. Except as provided herein, Tenant agrees that all of the obligations of this Lease, including the payment of Rent, will continue despite Tenant’s relocation to the Substitute Premises. Upon the substantial completion of a relocationthe Substitute Premises, the Rent same terms and conditions of this Lease will apply to the Substitute Premises as if the Substitute Premises had been the space originally described in this Lease, including, without limitation, Tenant’s Rent, which shall not increase as a result of Tenant’s relocation to the Substitute Premiese. Except as provided above, Landlord shall not be adjusted liable or responsible in any way for damages or injuries suffered by Tenant pursuant to reflect the actual square footage relocation in accordance with this provision including, but not limited to, the loss of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Subleasegoodwill, business, or profits.
Appears in 1 contract
Samples: Office Lease (SOI Holdings, Inc.)
Right to Relocate. Sublandlord mayIf at any time during the Lease Term, the Premises contains less than 10,000 rentable square feet or if following any sublease or assignment, Tenant occupies less than 10,000 rentable square feet in the Premises, then, at any timetime or from time to time during the Lease Term, Landlord shall have the unrestricted and unconditional right to relocate Tenant and/or any sublessee occupying less than 10,000 rentable square feet for the entire remaining term of Subtenant’s Subleased Premises to another area this Lease in effect as of the date of such sublease or any assignee occupying less than 10,000 rentable square feet from the portion of the Premises so occupied, to any other comparable office space in either the Building or in that certain building adjacent to the Building and known as "Concourse Corporate Center II". Landlord shall deliver notice to Tenant of Landlord's desire to relocate Tenant, together with a proposal for the area to which such Subleased Premises are located shall be relocated. Should Landlord exercise its right to relocate Tenant under this Paragraph 30 then (“New Premises”)i) all expenses of said relocation or of any necessary renovation or alteration, provided necessary to provide Tenant improvements comparable to those that existed in the New original space at the time of such relocation shall be paid by Landlord, and (ii) following such relocation, the substituted space shall for all purposes thereinafter constitute the Premises and all terms and conditions of this Lease shall apply with full force and effect to the Premises as so relocated. If Tenant has not relocated its premises within ninety (90) days after Landlord first notifies Tenant of Landlord's desire to relocate Tenant, then it shall be an event of default on the part of Tenant, and Landlord shall have, if possibleas a part of its remedies, approximately the same rentable right to terminate this Lease. Such termination shall be effective upon any date selected by Landlord in the Termination Notice which is at least ten (10) days after the Termination Notice is given by Landlord to Tenant. In no event shall Tenant incur any costs with respect to the relocation nor following such relocation pay any Rent in excess of the amounts payable under this Lease unless the square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises was increased in accordance with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligenceTenant's request. Notwithstanding the foregoing, if the New relocation premises has less rentable square footage than the Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice at the time of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent Tenant shall be adjusted entitled to reflect a proportionate reduction in Monthly Rental and Tenant's Share, taking into consideration the actual reduced rentable square footage of the New Premises relocation premises. Tenant hereby further covenants and agrees to promptly execute and deliver to Landlord any lease amendment or other such document appropriate to reflect the New Premises shall be deemed to have replaced changes in the applicable Subleased Premises for all purposes under this SubleaseLease described or contemplated above.
Appears in 1 contract
Samples: Lease Agreement (Simmons Co /Ga/)
Right to Relocate. Sublandlord may15.1. Not later than February 1, 2002, TIME BEING OF THE ESSENCE, Sublandlord, at any timeits option, relocate any shall have the one time right to substitute for the entire 9th Floor of Subtenant’s the Subleased Premises to another area (the "Replaced Subleased Premises"), contiguous space on the entire 12th Floor of the Building in which such (hereafter called "Substitute Subleased Premises are located (“New Premises”Space"), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, . Sublandlord shall have the right to offer exercise such option by giving Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% written notice of the original relocation to the Substitute Subleased Premises) if Sublandlord’s store size has been or is in , accompanied by a floor plan of the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Substitute Subleased Premises. The parties hereto acknowledge that the relocation right granted herein is an accommodation made by Subtenant to Sublandlord shall provide and it is the intention that Subtenant with at least sixty shall, subject to the provisions of this Section 15 herein provided, pay the same Sublease Rent and have the same Subtenant Work Period benefits (60including rent abatements) days prior written notice before making under this Sublease notwithstanding such relocation demandrelocation. It is expressly understood and agreed that Subtenant shall cooperate with Sublandlord not incur any additional architectural, engineering or construction costs for Subtenant's Work in all reasonable ways to facilitate the move Substituted Subleased Premises as a result of the relocation and such additional reasonable, out-of-pocket architectural, engineering or construction costs shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused reimbursed in full by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of a detailed invoice therefor.
15.2. Subtenant agrees that all of the obligations of this Sublease, including the payment of Sublease Rent, will continue despite the relocation to the Substitute Subleased Premises, and this Sublease will apply to the Substitute Subleased Premises as if the Substitute Subleased Premises had been the space originally described in this Sublease, except as follows:
(a) the floor plan of the Substitute Subleased Premises enclosed with Sublandlord’s written 's notice shall be substituted for the Replaced Subleased Premises in Exhibit B hereto;
(b) the RSF of such relocationthe Substitute Subleased Premises shall be as provided in Sublandlord's notice, which shall be determined by Sublandlord in accordance with such termination Schedule E to the Overlease and Exhibit M attached hereto, as applicable, and Exhibit X-0 xx xxis Sublease shall be effective sixty modified accordingly, and Subtenant's Proportionate Share shall be modified accordingly;
(60c) days after Subtenant’s election. Upon the completion of a relocation, the Sublease Fixed Rent shall be adjusted to reflect modified in accordance with the actual square footage RSF of the New Substitute Subleased Premises;
(d) Exhibit C shall be modified to (i) change the Fixed Rent Schedule entitled "9th Floor Subleased Premises Fixed Rent Rates" to read "Phase II Subleased Premises Fixed Rent Rates," delete all references to 9th Subleased Premises therein and add a footnote thereto reading as follows: "Subject to the rent abatement provisions of Sections 1.1(c) and 1.1(g) of this Sublease as to the Phase II Subleased Premises" and (ii) change the Fixed Rent Schedule entitled "Phase II Subleased Premises, Phase III Subleased Premises, 15th Floor Subleased Premises, and Subleased Ground Floor Space Fixed Rent Rates" to read "Phase III Subleased Premises, 12th Floor Subleased Premises, 15th Floor Subleased Premises and Subleased Ground Floor Space Fixed Rent Rates" and change the New Premises footnote thereto so that "Phase II Subleased Premises" shall not be deemed to have replaced the applicable Subleased Premises for all purposes under this Subleasereferred to.
Appears in 1 contract
Right to Relocate. Sublandlord Landlord may, at any timeits option, relocate any of Subtenant’s Subleased before or after the Commencement Date, elect by notice to Tenant to substitute for the Demised Premises other office space in the Buildings (herein called the “Substitute Premises”) designated by Landlord, provided that the Substitute Premises contains at least the same Rentable Area as the Demised Premises and has a configuration substantially similar to another area that of the Building Demised Premises. Landlord’s notice shall be accompanied by a plan of the Substitute Premises, and such notice or the plan shall set forth the Rentable Area of the Substitute Premises. Tenant shall vacate and surrender the Demised Premises and shall occupy the Substitute Premises promptly (and, in which such Subleased any event, not later than 120 days) after Landlord has substantially completed the work to be performed by Landlord in the Substitute Premises are located (“New Premises”), provided the New Premises pursuant to this Section. Tenant shall have, if possible, approximately pay the same rentable square footage of space; notwithstanding fixed rent and additional rent under Articles 3 and 4 with respect to the foregoingSubstitute Premises as were payable with respect to the Demised Premises, Sublandlord shall have without regard to the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% Rentable Area of the original Subleased Substitute Premises. Tenant shall not be entitled to any compensation for any inconvenience or interference with Tenant’s business, nor to any abatement or reduction of fixed rent or additional rent, but Landlord shall, at Landlord’s expense, do the following: (i) if Sublandlord’s store size has been or is furnish and install in the process of being reduced. Provided that Subtenant is open Substitute Premises improvements and operating appurtenances at least equal in kind and quality to those contained in the applicable Subleased Demised Premises at the time Sublandlord exercises such notice of substitution is given by Landlord, (ii) provide to Tenant personnel to perform under Tenant’s direction the rights granted moving of Tenant’s Property from the Demised Premises to the Substitute Premises, (iii) promptly reimburse Tenant for Tenant’s actual and reasonable out-of-pocket costs incurred by this SectionTenant in connection with the relocation of any telephone or other communications equipment from the Demised Premises to the Substitute Premises, Sublandlord and (iv) promptly reimburse Tenant for any other actual and reasonable out-of-pocket costs incurred by Tenant in connection with Tenant’s move from the Demised Premises to the Substitute Premises provided such costs are approved by Landlord in advance. Tenant agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways Landlord so as to facilitate the move prompt completion by Landlord of its obligations under this Section and the prompt surrender by Tenant of the Demised Premises. Without limiting the generality of the preceding sentence, Tenant agrees (i) to provide to Landlord promptly any approvals or instructions, and any plans and specifications or any other information reasonably requested by Landlord and (ii) to promptly perform in the Substitute Premises any work to be performed by Tenant to prepare the same for Tenant’s occupancy. Landlord shall use commercially reasonable efforts to minimize any inconvenience or interference with Tenant’s business, it being the intention of the parties that any such relocation shall be responsible for moving all at not expense to Tenant and that Tenant shall suffer no interruption of its inventory the conduct of business. From and other goods after the date that Tenant shall actually vacate and surrender the Demised Premises to Landlord, this Lease (i) shall no longer apply to the New Demised Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to obligations which accrued on or prior to such Subleased surrender date; and (ii) shall apply to the Substitute Premises by written notice to Sublandlord within thirty (30) calendar days as if the Substitute Premises had been the space originally demised under this Lease. Promptly after receipt of SublandlordTenant receives Landlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent parties shall be adjusted enter into an amendment to this lease to reflect such relocation or, if required by Landlord, the actual square footage of parties shall enter into a new lease covering the New Substitute Premises provided that such new lease contains the same material terms and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under conditions as this Subleaselease.
Appears in 1 contract
Samples: Lease (Vision Sciences Inc /De/)
Right to Relocate. Sublandlord mayLandlord reserves the right to relocate the Premises to space elsewhere in the Building comparable to the Premises with respect to size, condition, finish, design and functional layout (the “Relocation Space”) by giving Tenant reasonable prior written notice (the “Relocation Notice”) of Landlord's intention to relocate the Premises. If within 30 days after the date of the Relocation Notice, Landlord and Tenant have not agreed upon the specific space to which the Premises are to be relocated to and the timing of such relocation, then, at any time, relocate any of Subtenant’s Subleased Premises time until Landlord and Tenant (i) agree upon the specific space to another area of which the Building in which such Subleased Premises are located (“New Premises”), provided to be relocated and the New Premises shall have, if possible, approximately the same rentable square footage timing of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar (ii) execute an amendment to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely Lease with respect to such Subleased Premises agreement, Landlord may terminate this Lease by written notice to Sublandlord within thirty (30) calendar Tenant. If Landlord elects to terminate this Lease, then this Lease shall terminate on that date which is 30 days after receipt the date of Sublandlord’s written the notice to terminate this Lease given pursuant to the immediately preceding sentence. If Landlord and Tenant do agree upon the space to which the Premises are to be relocated to and the timing of such relocation, with then Tenant agrees to execute an amendment to the Lease setting forth such termination agreement. Landlord agrees to be effective sixty pay the reasonable costs of moving Tenant to such other space (60) days after Subtenant’s election. Upon the completion of a relocationincluding, without limitation, the Rent reasonable cost to relocate Tenant’s phone and computer systems and the reasonable cost for a moving contractor to pack and unpack Tenant’s personal property to the extent a moving contractor would typically perform such function) and the reasonable cost to replace any letterhead and business cards existing as of the effective date of any relocation if and to the extent such letterhead and business cards are rendered obsolete solely as a result of such relocation. Except as may be mutually agreed to in writing in the form of an amendment to this Lease, the exercise of Landlord’s rights pursuant to this Article shall not in and of itself give rise to any increase or decrease in Rent. If construction in the Relocation Space is required in order to make the Relocation Space comparable to the Premises (as required above in this Article 22.0, “RIGHT TO RELOCATE”), such construction shall be adjusted to reflect the actual square footage of the New Premises performed by Landlord at Landlord’s expense and the New Premises shall be deemed Substantially Complete prior to have replaced the applicable Subleased Premises for all purposes under this Subleaseany relocation.
Appears in 1 contract
Right to Relocate. Sublandlord mayLandlord, at any timeits option, relocate any of Subtenant’s Subleased may substitute for the Premises to another area of other space (hereafter called “Substitute Premises”) within the Building in of which such Subleased the Premises are located (“New Premises”)or another building in the office park where the Building is located before the Term Commencement Date or at any time during the term or any extension of this Lease. Insofar as reasonably possible, provided the New Substitute Premises shall have, if possible, approximately the same rentable have a comparable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open foot area and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are a configuration substantially similar to the then existing Subleased Premises. Sublandlord Landlord shall provide Subtenant with give Tenant at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of its intention to relocate Tenant to the Substitute Premises. This notice will be accompanied by a floor plan of the Substitute Premises. After such relocationnotice, Tenant shall have ten (10) days within which to agree with Landlord on the proposed new space and unless such termination to Table of Contents agreement is reached within such period of time, this Lease may be effective terminated by Landlord at the end of the sixty (60) days after Subtenantday period of time following the aforesaid notice. Landlord agrees to construct or alter, at its own expense, the Substitute Premises as expeditiously as possible so that they are in substantially the same condition that the Premises were in immediately prior to the relocation. Landlord shall have the right to reuse the fixtures, improvements, and alterations used in the Premises. Tenant agrees to occupy the Substitute Premises as soon as the Landlord’s electionwork is substantially completed and a certificate of occupancy is issued for the Substitute Premises. Landlord shall pay Tenant’s reasonable cost of moving Tenant’s furnishings, trade fixtures, and inventory to the Substitute Premises. Except as provided herein, Tenant agrees that all of the obligations of this Lease, including the payment of rent, will continue despite Tenant’s relocation to the Substitute Premises. Upon the substantial completion of a relocationthe Substitute Premises, this Lease will apply to the Rent Substitute Premises as if the Substitute Premises had been the space originally described in the Lease. Landlord shall be adjusted use all reasonable efforts to reflect minimize any period when the actual square footage of the New Premises and the New Premises shall be deemed closed to have replaced the applicable Subleased Premises for all purposes under this Subleasepublic as a result of the relocation.
Appears in 1 contract
Samples: Lease (Borland Software Corp)
Right to Relocate. Sublandlord mayIn the event the Leased Premises contain less than 3,000 square feet of Rentable Area, Landlord reserves the right, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located its option and upon giving thirty (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (6030) days prior written notice before making to Tenant, to relocate Tenant from the Leased Premises to any other available office space (the "Substitution Space") within 10% of the size of the demised premises and equivalent rent in the Building. Tenant shall accept possession of the Substitution Space in its "as is" condition; provided, however, Tenant shall have the option to require Landlord to alter the Substitution Space in the same manner as the presently Leased Premises were altered or were to be altered. Such option shall be exercised, if at all, by notice from Tenant to Landlord within five (5) days after the aforesaid notice from Landlord to Tenant of such relocation demandproposed relocation; otherwise such option in favor of Tenant shall be null and void. Subtenant Tenant shall cooperate with Sublandlord not have the right to exercise such option at any time when Tenant is in default under any of the terms, covenants, conditions, provisions or agreements of this Lease. If such option is validly so exercised by Tenant, Tenant shall continue to occupy the presently Leased Premises (upon all reasonable ways to facilitate of the terms, covenants, conditions, provisions and agreements of this Lease, including the covenant for the payment of Rent) until the date on which landlord shall have substantially completed said alteration work in the Substitution Space. Tenant shall move from the presently Leased Premises into the Substitution Space immediately upon the date of such substantial completion by Landlord and shall vacate and surrender possession to Landlord of the presently Leased Premises on such date and if Tenant continues to occupy the presently Leased Premises after such date, then thereafter, during the period of such occupancy, Tenant shall pay Rent for the presently Leased Premises, in addition to the Rent for the Substitution Space. With respect to said alteration work in the Substitution Space, if Tenant requests materials or installations other than those originally installed by Landlord, or if Tenant shall make changes in the work (such non-original materials or installations or changes being subject to Landlord's written approval), and if such non-original materials or installments or changes shall delay the work to be responsible performed by Landlord, or if Tenant shall otherwise delay the substantial completion of Landlord's work, the happening of such delays shall in no event postpone the date for the commencement of the payment of Rent for said Substitution Space, beyond the date on which such work would have been substantially completed but for such delay, and, in addition, Tenant shall continue to pay Rent for the presently Leased Premises until it vacates and surrenders same as aforesaid. Landlord at its discretion may substitute materials of like quality for the materials originally utilized. If Landlord exercises this relocation right, Landlord shall reimburse Tenant for Tenant's reasonable out-of-pocket expenses for moving all of its inventory Tenant's furniture, equipment, supplies and other goods telephones and telephone equipment from the presently Leased Premises to the New PremisesSubstitution Space. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of Upon any such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage description of the New Leased Premises and set forth in this Lease shall, without further act on the New Premises shall part of Landlord or Tenant, be deemed to have replaced amended so that the applicable Subleased Premises Substitution Space shall, for all purposes under intents and purposes, be deemed the Leased Premises hereunder and all of the terms, covenants, conditions, provisions and agreements of this SubleaseLease shal1 continue in full force and effect and shall apply to the Substitution Space.
Appears in 1 contract
Samples: Lease Agreement (Snapshot Inc)
Right to Relocate. Sublandlord mayLandlord, at any timeits option, relocate any of Subtenant’s Subleased Premises to another area may substitute for Suite 200 of the Building in which such Subleased Premises are located other space (“New hereafter called "Substitute Premises”), provided ") within the New Premises 0000 Xxxxxxxx xx Xxxxxxxx Xxxxxxx Xxxxxx Xxxx before the Commencement Date or at any time during the Term or any extension of this Lease. Landlord shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall not have the right to offer Subtenant New relocate Suite 102. Insofar as reasonably possible, the Substitute Premises with lesser shall have a comparable square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open foot area and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are a configuration substantially similar to the then existing Subleased Premises. Sublandlord Landlord shall provide Subtenant with give Tenant at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of its intention to relocate Tenant to the Substitute Premises. This notice will be accompanied by a floor plan of the Substitute Premises. After such relocationnotice, Tenant shall have ten (10) days within which to agree with Landlord on the proposed new space and unless such termination to be effective agreement is reached within such period of time, Landlord may terminate this Lease at the end of the sixty (60) days day period of time following the aforesaid notice. Landlord agrees to construct or alter, at its own expense, the Substitute Premises as expeditiously as possible so that they are in substantially the same condition that the Premises were in immediately prior to the relocation. Landlord shall have the right to reuse the fixtures, improvements and alterations used in the Premises. Tenant agrees to occupy the Substitute Premises as soon as Landlord's work is substantially completed. If such relocation occurs after Subtenant’s electionthe Lease Term commences, Landlord shall pay Tenant's reasonable cost of moving Tenant's furnishings, and other property to the Substitute Premises. If such relocation occurs after the Commencement Date, then Landlord shall pay Tenant's reasonable cost of moving Tenant's furnishings, telephone and computer wiring, and other property to the Substitute Premises, and reasonable printing costs associated with the change of address. Except as provided herein, Tenant agrees that all of the obligations of this Lease, including the payment of Rent, will continue despite Tenant's relocation to the Substitute Premises. Upon the substantial completion of a relocationthe Substitute Premises, this Lease will apply to the Rent Substitute Premises as if the Substitute Premises had been the space originally described in this Lease. Except as provided above, Landlord shall not be adjusted liable or responsible in any way for damages or injuries suffered by Tenant pursuant to reflect the actual square footage relocation in accordance with this provision including, but not limited to, loss of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Subleasegoodwill, business, or profits.
Appears in 1 contract
Right to Relocate. Sublandlord may45.01 Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New substitute in lieu of the Premises alternative space in the Building designated by Landlord (the “Relocation Space”) effective as of the date (the “Relocation Effective Date”) set forth in a notice given to Tenant (the “Relocation Notice”). The Relocation Space shall be reasonably comparable to the Premises with lesser respect to internal configuration, quality of finish and rentable square footage foot area (i.e., plus or minus ten (10%) percent). The Relocation Effective Date shall not be less than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice following the date upon which the Relocation Notice is given to Tenant. In the event that Landlord exercises its rights hereunder, (i) Tenant shall deliver to Landlord possession of the Premises on or before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move Relocation Effective Date vacant and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperatebroom clean, Sublandlord shall be relieved free of all responsibility for damage or injury to Subtenant or its property during such moveoccupancies and encumbrances and otherwise in accordance with the terms, except covenants and conditions of the Lease as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to SubtenantRelocation Effective Date were the expiration date of the Term of this Lease, then Subtenant may elect to terminate this Sublease solely (ii) effective as of the Relocation Effective Date, the term and estate hereby granted with respect to such Subleased the Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocationoriginally demised hereunder shall terminate, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Fixed Annual Rent and Additional Rent payable under this SubleaseLease shall be adjusted, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space; provided, however, in the event that the rentable square foot area of the Relocation Space is greater than the rentable square foot area of the original Premises, then the Fixed Annual Rent and Additional Rent payable for the Relocation Space shall be equal to the amount payable hereunder for the Premises.
45.02 Provided that Tenant is not in default under this Lease, Landlord shall (i) at Landlord’s cost and expense, remove and reinstall Tenants’ personal property, trade fixtures and equipment in the Relocation Space (“Landlord’s Relocation Work”) and (ii) compensate Tenant for Tenant’s actual, reasonable, out-of-pocket moving and related expenses upon Tenant’s submission of paid invoices therefor. Landlord shall complete Landlord’s Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof.
45.03 Following any relocation undertaken pursuant to this Article, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Fixed Annual Rent and Additional Rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
Appears in 1 contract
Right to Relocate. Sublandlord mayNotwithstanding anything herein to the contrary, at any Landlord shall, in all cases, retain the right and power (which right and power shall be exercised reasonably) to relocate Tenant (provided that, during the initial Term, Landlord shall only have such right one (1) time, relocate any ) upon two hundred seventy (270) days' written notice (a “Notice of Subtenant’s Subleased Premises Relocation”) to another area other space in the Project located on or above the third (3rd) floor of the Building applicable building in the Project in which such Subleased Premises are located substituted premises is located, is a full floor premises in a comparable location, is substantially the same size or larger in terms of usable square footage, is substantially the same or better in terms of general layout and configuration, number of offices, restrooms (“New Premises”including stall configuration and number of stalls), conference rooms, reception areas, breakrooms and condition and quality of finishes, and is reasonably suited to Tenant's use. Landlord shall not be liable or responsible for any claims, damages, or liabilities in connection with, or occasioned by such relocation, except to the extent expressly provided in this Section 24.1. Landlord's reasonable exercise of such right and power shall include, but not be limited to, a relocation to consolidate the New rentable area occupied in order to provide Landlord's services more efficiently or a relocation to provide contiguous vacant space for a prospective tenant. If Landlord shall exercise said option, the substituted premises shall thereafter be deemed for the purposes hereof the "Premises" hereunder, and a new amended Exhibits A and B showing the new Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than and Project will be substituted for the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open Exhibits A and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation B attached hereto and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and there shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during no increase in Rent resulting from such move, except as may be caused by Sublandlord’s actual negligencerelocation. Notwithstanding the foregoing, if Landlord relocates the New Premises identified by Sublandlord to substituted premises pursuant to this Section 24.1, then so long as Tenant is not acceptable in default under this Lease, Tenant shall be entitled to Subtenantreceive an abatement of Base Rent (the “Relocation Abated Base Rent”) during the first nine (9) full calendar months after the effective date of the relocation (the “Relocation Effective Date”). If Tenant (i) defaults under this Lease at any time during the Term (as the same may be extended), (ii) fails to cure such default within any applicable cure period under this Lease, and (iii) Landlord terminates this Lease in connection therewith, then Subtenant all Relocation Abated Base Rent shall immediately become due and payable. Only Base Rent shall be abated pursuant to this Section, as more particularly described herein, and Tenant's Share of Operating Expenses and Taxes and all other Rent and other costs and charges specified in this Lease shall remain as due and payable pursuant to the provisions of this Lease. Notwithstanding anything to the contrary contained in this Lease, if the Premises are relocated to the substituted Premises pursuant to this Section 24.1, then Tenant shall not be required to remove (a) any alterations existing in the Premises as of the date of Landlord’s Notice of Relocation; or (b) the Substituted Premises Improvements installed by Landlord in the substituted premises pursuant to this Section 24.1. Landlord shall, at Landlord’s expense before the Relocation Effective Date, design, construct and install in the substituted premises improvements (the “Substituted Premises Improvements”) substantially similar in quality, scope and function to the improvements in the Premises (which Substituted Premises Improvements shall be performed in accordance with plans approved by Landlord and Tenant, which approval shall not be unreasonably withheld). Subject to the terms and conditions of this Lease, Tenant shall have the right to enter the substituted premises, at Tenant’s sole risk, thirty (30) days prior to the Relocation Effective Date, solely for the purpose of installing telecommunications and data cabling, equipment, furnishings and other personalty (provided that Landlord may elect withdraw such permission to enter the substituted premises prior to the Relocation Effective Date at any time that Landlord reasonably determines that such entry by Tenant is causing a dangerous situation for Landlord, Tenant or their respective contractors or employees, or if Landlord reasonably determines that such entry by Tenant is hampering or otherwise preventing Landlord from proceeding with the completion of the Substituted Premises Improvements at the earliest possible date). Said early possession shall not advance the Expiration Date. Landlord agrees to pay all Tenant's reasonable expenses incurred as a result of the relocation, including without limitation all costs incurred in changing addresses on stationery, business cards, and other such items and all costs to move Tenant's furniture, fixtures and equipment to such substituted premises. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the substituted premises in the manner and to the extent such cabling existed in the Premises prior to the relocation. Unless otherwise agreed to in writing by Tenant, Landlord shall commence the relocation move into the substituted premises after 5:00 p.m. on a Friday, during a weekend or on any Building holiday and thereafter effect such relocation move after normal business hours for the Building on weekdays, during weekends and on Building holidays to minimize any disruption of Tenant’s business during the relocation. Notwithstanding the foregoing, if Landlord provides Tenant with a Notice of Relocation during the last twenty-four (24) months of the Term, Tenant shall have the right to terminate this Sublease solely with respect to such Subleased Premises Lease by giving written notice of termination to Sublandlord Landlord within thirty (30) calendar days after the date of Landlord's Notice of Relocation to Tenant. Such termination shall be effective one hundred eighty (180) days after the date of Landlord's Notice of Relocation, provided that Landlord, within thirty (30) days after receipt of Sublandlord’s written Tenant's notice of termination, shall have the right to withdraw its Notice of Relocation. In such relocationevent, this Lease shall continue in full force and effect as if Landlord had never provided Tenant with such termination a Notice of Relocation. In addition, notwithstanding the foregoing, if Landlord provides Tenant with a Notice of Relocation during the last twenty-four (24) months of the Term, then provided (I) Tenant is not in default under any of the other terms and conditions of this Lease beyond any applicable notice and cure period at the time of notification or commencement; and (II) Tenant has not timely and validly exercised its Extension Option pursuant to Article 51 below (it being agreed that if Tenant has previously timely and validly exercised its Extension Option, then the terms and conditions of Article 51 shall apply with respect to any extension of the Term), Tenant shall have the right to extend the Term of this Lease (the “Relocation Extension Option”) for one period of twenty-four (24) months (the "Relocation Extension Term"), under the same terms and conditions contained in this Lease, except that the Base Rent to be effective sixty paid by Tenant to Landlord during the Relocation Extension Term shall be as follows: (601) during the first year of the Relocation Extension Term, Base Rent shall be an amount equal to one hundred three percent (103%) of the Base Rent payable during the last month of the then-current Term; and (2) during the second year of the Relocation Extension Term, Base Rent shall be an amount equal to one hundred three percent (103%) of the Base Rent payable during the first year of the Relocation Extension Term. To exercise Tenant’s Relocation Extension Option, Tenant shall give notice of exercise to Landlord within thirty (30) days after SubtenantLandlord’s electionNotice of Relocation. Upon If Tenant exercises the completion Relocation Extension Option, then provided Landlord’s Notice of a relocationRelocation is delivered to Tenant prior to the expiration of the Extension Option Notice Period (as defined in Section 51.1.1 below), Tenant’s Extension Option set forth in Article 51 shall remain in full force and effect. Notwithstanding the foregoing, Tenant may only exercise the Relocation Extension Option hereunder if (A) at the time of exercise, Tenant is conducting regular, active, ongoing business in, and is in occupancy of, the Rent shall be adjusted to reflect Premises (B) at the actual square footage time of exercise, no more than twenty-five percent (25%) of the New Premises is sublet; and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under (C) this SubleaseLease has not been assigned.
Appears in 1 contract
Samples: Lease Agreement (Telenav, Inc.)
Right to Relocate. Sublandlord may45.01 Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but substitute in no event lesser than 70% lieu of the original Subleased Premises) if Sublandlord’s store size has been or is Premises alternative space in the process Building designated by Landlord (the “Relocation Space”) effective as of being reduced. Provided the date (the “Relocation Effective Date”) set forth in a notice given to Tenant (the “Relocation Notice”); provided however, that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord Relocation Space shall provide Subtenant be located on a floor contiguous with at least sixty (60) days prior written notice before making such relocation demandone other premises leased by Tenant in the Building. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and The Relocation Space shall be responsible for moving all of its inventory and other goods reasonably comparable to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within internal configuration, quality of finish and rentable square foot area (i.e., plus or minus ten (10%) percent). The Relocation Effective Date shall not be less than thirty (30) calendar days after receipt following the date upon which the Relocation Notice is given to Tenant. In the event that Landlord exercises its rights hereunder, (i) Tenant shall deliver to Landlord possession of Sublandlord’s written notice the Premises on or before the Relocation Effective Date vacant and broom clean, free of such relocationall occupancies and encumbrances and otherwise in accordance with the terms, with such termination to be covenants and conditions of the Lease as if the Relocation Effective Date were the expiration date of the Term of this Lease, (ii) effective sixty (60) days after Subtenant’s election. Upon as of the completion of a relocationRelocation Effective Date, the Rent term and estate hereby granted with respect to the Premises originally demised hereunder shall be adjusted to reflect terminate, the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Fixed Annual Rent and Additional Rent payable under this SubleaseLease shall be adjusted, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space.
45.02 Provided that Tenant is not in default under this Lease, Landlord shall (i) at Landlord’s cost and expense, remove and reinstall Tenants’ personal property, trade fixtures and equipment in the Relocation Space (“Landlord’s Relocation Work”) and (ii) compensate Tenant for Tenant’s actual, reasonable, out-of-pocket moving and related expenses upon Tenant’s submission of paid invoices therefor. Landlord shall complete Landlord’s Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof.
45.03 Following any relocation undertaken pursuant to this Article, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Fixed Annual Rent and Additional Rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
Appears in 1 contract
Samples: Lease Agreement (Nymagic Inc)
Right to Relocate. Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area So long as the Tenant and occupant of the Building Leased Premises is GEAC CANADA LIMITED and is not in which such Subleased Premises are located (“New Premises”)default under the terms of this Lease, provided then the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Tenant shall have the right at any time during the terms of this Lease, including any renewals, to offer Subtenant New Premises with lesser square footage relocate to premises in any of the other buildings owned by the Landlord at Markham Corporate Campus having a usable area at least twenty-five percent (25%) greater than the original Subleased Usable Area of the Leased Premises (but in no event lesser than 70% the "Relocation Premises") upon prior written request ("Request to Relocate") from the Tenant to the Landlord to relocate to any such Relocation Premises and subject to the terms and conditions hereinafter set out. Upon the Landlord's receipt of the original Subleased PremisesTenant's Request to Relocate, the Landlord shall give notice to the Tenant ("Notice of Relocation") if Sublandlord’s store size has been or is and when such Relocation Premises become vacant for lease under their respective lease(s) in place at such time, and the Tenant shall have the first option to lease such Relocation Premises ("Relocation Option"), subject to the following terms and conditions:
(a) the term of the Tenant's lease of the Relocation Premises shall not be less than ten (10) years and the rental rate and tenant inducements, if any, shall be at the then current market rates for comparable buildings in the process of being reduced. Provided that Subtenant is open and operating at vicinity in which the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Relocation Premises are similar located;
(b) all other terms and conditions in respect to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate Tenant's lease of the move and Relocation Premises shall be responsible for moving all as mutually agreed upon between the Landlord and the Tenant, both acting reasonably; and
(c) the parties shall execute a surrender of its inventory and other goods this Lease at no penalty to the New PremisesTenant and enter into a new lease in respect of the Relocation Premises as prepared by the Landlord. If Subtenant fails the parties fail to so cooperate, Sublandlord shall be relieved agree upon terms and conditions in respect of all responsibility for damage or injury to Subtenant or its property during such move, except the Tenant's lease of the Relocation Premises as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord provided herein within thirty (30) calendar days after of the Tenant's receipt of Sublandlord’s written notice the Notice of such relocation, with such termination to be effective sixty Relocation and in any event thirty (6030) days after Subtenant’s election. Upon prior to expiration of the completion of a relocationLease, then the Rent Tenant's Relocation Option as set out in this Section 14.17 shall be adjusted to reflect the actual square footage of the New Premises null and void and the New Premises terms of this Lease shall be deemed to have replaced the applicable Subleased Premises for all purposes under prevail as if this SubleaseSection 14.17 had not formed part of this Lease.
Appears in 1 contract
Right to Relocate. Sublandlord may45.01 Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New substitute in lieu of the Premises alternative space in the Building designated by Landlord (the “Relocation Space”) effective as of the date (the “Relocation Effective Date”) set forth in a notice given to Tenant (the “Relocation Notice”). The Relocation Space shall be reasonably comparable to the Premises with lesser respect to internal configuration, quality of finish and rentable square footage foot area (i.e., plus or minus ten (10%) percent). The Relocation Effective Date shall not be less than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice following the date upon which the Relocation Notice is given to Tenant. In the event that Landlord exercises its rights hereunder, (i) Tenant shall deliver to Landlord possession of the Premises on or before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move Relocation Effective Date vacant and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperatebroom clean, Sublandlord shall be relieved free of all responsibility for damage or injury to Subtenant or its property during such moveoccupancies and encumbrances and otherwise in accordance with the terms, except covenants and conditions of the Lease as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to SubtenantRelocation Effective Date were the expiration date of the Term of this Lease, then Subtenant may elect to terminate this Sublease solely (ii) effective as of the Relocation Effective Date, the term and estate hereby granted with respect to such Subleased the Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocationoriginally demised hereunder shall terminate, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Fixed Annual Rent and Additional Rent payable under this SubleaseLease shall be adjusted, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space.
45.02 Provided that Tenant is not in default under this Lease, Landlord shall (i) at Landlord's cost and expense, remove and reinstall Tenants' personal property, trade fixtures and equipment in the Relocation Space (including the relocation of Tenant’s then existing voice and data capabilities) (“Landlord’s Relocation Work”) and (ii) compensate Tenant for Tenant’s actual, reasonable, out-of-pocket moving and related expenses upon Tenant’s submission of paid invoices therefor. Landlord shall complete Landlord’s Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof.
45.03 Following any relocation undertaken pursuant to this Article, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Fixed Annual Rent and Additional Rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
45.04 Notwithstanding anything contained herein to the contrary, Landlord and Tenant agree that in no event shall the fixed annual rent payable hereunder be increased in the event the Relocation Space is larger than the Premises.
Appears in 1 contract
Samples: Lease Agreement (Xenomics Inc)
Right to Relocate. Sublandlord Landlord may, at any timeits option, relocate any of Subtenant’s Subleased before or after the Commencement Date, elect by notice to Tenant to substitute for the Demised Premises other office space in the Buildings (herein called the "Substitute Premises") designated by Landlord, provided that the Substitute Premises contains at least the same Rentable Area as the Demised Premises and has a configuration substantially similar to another area that of the Building Demised Premises. Xxxxxxxx's notice shall be accompanied by a plan of the Substitute Premises, and such notice or the plan shall set forth the Rentable Area of the Substitute Premises. Tenant shall vacate and surrender the Demised Premises and shall occupy the Substitute Premises promptly (and, in which such Subleased any event, not Later than 15 days) after Landlord has substantially completed the work to be performed by Landlord in the Substitute Premises are located (“New Premises”), provided the New Premises pursuant to this Section. Tenant shall have, if possible, approximately pay the same rentable square footage of space; notwithstanding fixed rent and additional rent under Articles 3 and 4 with respect to the foregoingSubstitute Premises as were payable with respect to the Demised Premises, Sublandlord shall have without regard to the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% Rentable Area of the original Subleased Substitute Premises. Tenant shall not be entitled to any compensation for any inconvenience or interference with Xxxxxx's business, nor to any abatement or reduction of fixed rent or additional rent, but Landlord shall, at Landlord's expense, do the following: (i) if Sublandlord’s store size has been or is furnish and install in the process of being reduced. Provided that Subtenant is open Substitute Premises improvements and operating appurtenances at least equal in kind and quality to those contained in the applicable Subleased Demised Premises at the time Sublandlord exercises such notice of substitution is given by Landlord, (ii) provide to Tenant personnel to perform under Tenant's direction the rights granted moving of Tenant's Property from the Demised Premises to the Substitute Premises, (iii) promptly reimburse Tenant for Tenant's actual and reasonable out-of-pocket costs incurred by this SectionTenant in connection with the relocation of any telephone or other communications equipment from the Demised Premises to the Substitute Premises, Sublandlord and (iv) promptly reimburse Tenant for any other actual and reasonable out-of-pocket costs incurred by Tenant in connection with Xxxxxx's move from the Demised Premises to the Substitute Premises provided such costs are approved by Landlord in advance. Xxxxxx agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways Landlord so as to facilitate the move and shall be responsible for moving all prompt completion by Landlord of its inventory obligations under this Section and the prompt surrender by Xxxxxx of the Demised Premises. Without limiting the generality of the preceding sentence, Xxxxxx agrees (i) to provide to Landlord promptly any approvals or instructions, and any plans and specifications or any other goods information reasonably requested by Landlord and (ii) to promptly perform in the Substitute Premises any work to be performed by Xxxxxx to prepare the same for Xxxxxx's occupancy. From and after the date that Tenant shall actually vacate and surrender the Demised Premises to Landlord, this Lease (i) shall no longer apply to the New Demised Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to obligations which accrued on or prior to such Subleased surrender date; and (ii) shall apply to the Substitute Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon as if the completion of a relocation, Substitute Premises had been the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes space originally demised under this SubleaseLease.
Appears in 1 contract
Right to Relocate. Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have Landlord reserves the right to offer Subtenant New relocate the Premises. If Landlord exercises this right, it agrees to substitute for the Premises with lesser square footage than comparable office space subject to the original Subleased Premises following conditions: (but in no event lesser than 70% a) Landlord shall have given Tenant written notice (the “Relocation Notice”) of the original Subleased relocation identifying the location and dimensions of the new space to be made subject to this Lease (the “Substitute Premises”) if Sublandlord’s store size has been or is together with a plan of such Substitute Premises; (b) the Substitute Premises shall be substantially similar in area to the process Premises initially leased to Tenant hereunder, shall have at least the same number of being reduced. Provided that Subtenant is open windows, and operating shall be delivered with improvements of a similar standard and quantity as exists at the applicable Subleased Premises at the time Sublandlord exercises Commencement Date (together with any approved Alterations constructed by Tenant); and (c) Landlord shall pay all of Tenant’s reasonable costs and expenses directly incurred as a result of the rights granted by this Sectionrelocation, Sublandlord including moving expenses in connection with the relocation and the cost of re-wiring and re-installing telephone machinery and equipment, which expenses shall be subject to Landlord’s reasonable review prior to Tenant incurring any liability therefor. Tenant agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways Landlord so as to facilitate the move prompt completion by Landlord of its obligations under this Section and the prompt surrender by Tenant of the Premises. Tenant shall vacate and surrender the Premises and shall be responsible for moving all of its inventory and other goods to occupy the New Premises. If Subtenant fails to so cooperateSubstitute Premises promptly (and, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such movein any event, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within later than thirty (30) calendar days days) after receipt of Sublandlord’s written notice of such relocation, with such termination the work has been substantially completed in the Substitute Premises. Landlord and Tenant agree to be effective sixty execute a lease amendment within ten (6010) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage following delivery of the New Premises Relocation Notice to confirm the leasing of the Substitute Premises, and any corresponding changes relative to the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseSubstitute Premises.
Appears in 1 contract
Right to Relocate. Sublandlord mayLandlord reserves the right to relocate Tenant to office space of similar size, at any time, relocate any layout and quality construction standards of SubtenantTenant’s Subleased then current Premises to another area of within the Building or within the Citadel portfolio in which such Subleased Xxx Vista Center at no increase in rent per square foot and on the same terms and conditions as the Lease for the then current Premises are located (“New Relocation Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the . If Landlord exercises this right to offer Subtenant New Premises with lesser square footage relocate Tenant, then:
(i) Landlord shall provide Tenant not less than four (4) months written notice stating the original Subleased Premises (but in no event lesser than 70% effective date of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving describing the New Premises so that Relocation Premises;
(ii) The relocation date shall be subject to Tenant’s reasonable approval unless the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty relocation date falls on any day which is both: (60a) a weekend and (b) during a period beginning forty-five (45) days after Tenant’s fiscal quarter end and ending fourteen (14) days prior written notice before making to the start of Tenant’s subsequent fiscal quarter;
(iii) The Relocation Premises are of substantially similar size and number of offices, open areas and the building has substantially similar amenities, common areas, tenant mix, usable parking, means of ingress/egress, and quality construction standards when compared to the current Premises;
(iv) The Relocation Premises and improvements will be designed to insure that the interior finishes of the Relocation Premises is substantially equivalent to the initial Premises.
(v) Tenant shall not be required to restore the initial Premises upon relocation or the initial improvements to the Relocation Premises upon termination or expiration of the Lease Term, except for any damage caused by Tenant other than normal wear and tear;
(vi) Landlord shall relocate the existing workstations to the Relocation Premises at Landlord’s expense;
(vii) Tenant shall be relocated directly from the current Premises to the Relocation Premises and not to any temporary, interim premises; and
(viii) Landlord shall reimburse Tenant for any Commercially Reasonable Relocation Cost(s) (as defined below), following Tenant’s submission to Landlord of paid invoices of such relocation demandCommercially Reasonable Relocation Cost(s). Subtenant “Commercially Reasonable Relocation Cost(s)” shall cooperate with Sublandlord in mean any and all reasonable ways to facilitate costs incurred by Tenant at competitive market rates in connection with the move Relocation, including direct costs and shall be responsible for incidental costs including but not limited to:
(a) moving all and related expenses, including costs of its inventory packing, storing, disconnecting, insuring, transporting, unpacking, assembling, installing and connecting any tangible property, including equipment installation and utility hook-ups;
(b) planning, design, construction or other goods expenses in connection with the build-out of the Relocation Premises comparable to the New current Premises. If Subtenant fails , including any code upgrades to so cooperatethe Relocation Premises, Sublandlord shall be relieved of all responsibility for damage permits or injury to Subtenant or its property during such moveother governmental authorizations, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoingconstruction management fees, if the New Premises identified by Sublandlord is not acceptable to Subtenantcontractor fees, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocationimpact fees, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocationarchitectural and engineering drawings, the Rent shall be adjusted to reflect the actual square footage and installation and/or improvement of the New Premises electrical, telephone, video conferencing, Internet network and HVAC systems and/or wiring comparable to the New Premises shall current Premises; and
(c) Reasonable expenses to replace stationary, business cards and marketing materials that have an address or suite number change and that must be deemed to have replaced scrapped as a result of the applicable Subleased Premises for all purposes under this Subleaserelocation.
Appears in 1 contract
Right to Relocate. Sublandlord may(i) Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but substitute in no event lesser than 70% lieu of the original Subleased Premises) if Sublandlord’s store size has been or is Premises alternative space in the process Building designated by Landlord (the "RELOCATION SPACE") effective as of being reducedthe date (the "RELOCATION EFFECTIVE DATE") set forth in a notice given to Tenant (the "RELOCATION NOTICE"). Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar The Relocation Space shall be reasonably comparable to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within internal configuration, quality of finish and rentable square foot area (i.e., plus or minus ten (10%) percent). The Relocation Effective Date shall not be less than thirty (30) calendar days after receipt following the date upon which the Relocation Notice is given to Tenant. In the event that Landlord exercises its rights hereunder, (a) Tenant shall deliver to Landlord possession of Sublandlord’s written notice the Premises on or before the Relocation Effective Date vacant and broom clean, free of such relocationall occupancies and encumbrances and otherwise in accordance with the terns, with such termination to be covenants and conditions of the Lease as if the Relocation Effective Date were the Expiration Date, (b) effective sixty (60) days after Subtenant’s election. Upon as of the completion of a relocationRelocation Effective Date, the Rent term and estate hereby granted with respect to the Premises originally demised hereunder shall be adjusted to reflect terminate, the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Minimum Rent and additional rent payable under this SubleaseLease shall be adjusted, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space.
(ii) Provided that Tenant is not in default under this Lease, Landlord shall at Landlord's cost and expense, remove and reinstall Tenants' personal property, trade fixtures and equipment in the Relocation Space ("LANDLORD'S RELOCATION WORK"). Landlord shall complete Landlord's Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof.
(iii) Following any relocation undertaken pursuant to this subsection, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Minimum Rent and additional rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
Appears in 1 contract
Right to Relocate. Sublandlord mayNotwithstanding anything herein to the contrary, at any timeLandlord shall, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”)all cases, provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have retain the right and power to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within relocate Tenant upon thirty (30) calendar days after receipt of Sublandlord’s days’ written notice of to other space in the Project in such space which is the same or larger in size, has a comparable location, has comparable improvements and is suited to Tenant’s use, such right and power to be exercised reasonably. Landlord shall not be liable or responsible for any claims, damages, or liabilities in connection with, or occasioned by such relocation, with except to the extent expressly provided in this Section 24.1. Landlord’s reasonable exercise of such termination right and power shall include, but not be limited to, a relocation to consolidate the rentable area occupied in order to provide Landlord’s services more efficiently or a relocation to provide contiguous vacant space for a prospective tenant. If Landlord shall exercise said option, the substituted premises shall thereafter be effective sixty (60) days after Subtenantdeemed for the purposes hereof the “Premises” hereunder, and a new amended Exhibits A and B showing the new Premises and Project will be substituted for the original Exhibits A and B attached hereto and there shall be no increase in Rent resulting from such relocation. Landlord agrees to pay a relocation fee of $1,000 per full time equivalent employee relocated and all Tenant’s election. Upon reasonable expenses incurred as a result of the completion of a relocation, including without limitation all costs incurred in changing addresses on stationery, business cards, and other such items and all costs to move Tenant’s furniture, fixtures and equipment to such substituted Premises. For purposes of this Section 24.1, “reasonable expenses” shall include use of overtime to enable Tenant to complete its move in a single weekend. Landlord further agrees that it will not exercise its relocation right more than once during any five-year period and that in connection with any relocation, Landlord shall coordinate the Rent relocation so that Tenant is permitted to move over a weekend. Landlord agrees that if it relocates Tenant, and Tenant then has space in the Building commonly known as 2200 Bridge, Landlord shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Subleaserelocate Tenant such that its total space is in contiguous buildings.
Appears in 1 contract
Samples: Lease Agreement (Model N Inc)
Right to Relocate. Sublandlord mayNotwithstanding anything in this Lease to the contrary, Landlord reserves the right at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with upon at least sixty (60) days prior advance written notice before making (the “Relocation Notice”) to relocate Tenant to space substantially equivalent to the Premises (with comparable improvements) in either the Building or other building located in the Business Park (the “Relocation Space”). In such relocation demandevent, Landlord shall reimburse to Tenant Tenant’s reasonable out of pocket moving expenses directly stemming from such relocation. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate The size, configuration, and upfit of the move and Relocation Space shall be responsible for moving all of its inventory and other goods to materially consistent with the New Premises. If Subtenant fails to so cooperateThe Minimum Rent, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such moveAdditional Rent, except as may be caused by SublandlordTenant’s actual negligence. Notwithstanding Proportionate Share, and any other charges based on the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage of the New Premises and the New Premises shall be increased or decreased to reflect the size of the Relocation Space; provided, however, in no event shall the Minimum Rent for the Relocation Space exceed one hundred ten percent (110%) of the then applicable Minimum Rent for the Premises. Tenant’s failure to surrender possession of the Premises and relocate to the Relocation Space in accordance with the terms and conditions of the Relocation Notice shall constitute an immediate and material default under this Lease entitling Landlord, in addition to any other remedies provided herein, to re-enter the Premises and remove all persons and property therefrom in accordance with applicable law. If Landlord relocates the Premises hereunder, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to the Relocation Space and the Relocation Space shall thereafter be deemed to have replaced be the applicable Subleased Premises for all purposes under “Premises” as though Landlord and Tenant had entered into an express written amendment of this SubleaseLease with respect thereto. Landlord shall use reasonable efforts to avoid unnecessary disruption to Tenant’s operation during such relocation process.
Appears in 1 contract
Samples: Lease Agreement (Novan, Inc.)
Right to Relocate. Sublandlord may24.1 Notwithstanding anything herein to the contrary, at any time, relocate any during the first twenty- four (24) months after the Commencement Date and provided Tenant shall not have exercised Tenant's rights under Article 54 to lease all of Subtenant’s Subleased Premises to another area of Suite 1000 in the Building prior to Landlord's exercise of its rights under this Section 24.1, Landlord shall, in all cases, retain the one-time right and power to relocate Tenant upon ninety (90) days' written notice to other space in the Project in such space which such Subleased Premises are located is: (“New i) the same or larger in size, (ii) has comparable improvements, layout and design (including without limitation the network center existing in the original Premises”, and any existing Tenant supplemental HVAC and Meco shades), provided (iii) is located on the New Premises shall havethird floor or higher, if possibleand (iv) is suited to Tenant's use, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the such right and power to be exercised reasonably. Landlord may only exercise its right to offer Subtenant New relocate Tenant in order to accommodate another tenant in the Building leasing at least 50,000 square feet of rentable area. Landlord shall not be liable or responsible for any claims, damages, or liabilities in connection with, or occasioned by such relocation, except to the extent expressly provided in this Section 24.1. If Landlord shall exercise said option, the substituted premises shall thereafter be deemed for the purposes hereof the "Premises" hereunder, and a new amended Exhibits A and B showing the new Premises with lesser square footage than and Project will be substituted for the original Subleased Premises (but Exhibits A and B attached hereto and there shall be no increase in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reducedRent resulting from such relocation. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord Landlord agrees to pay all Tenant's reasonable moving expenses incurred by Subtenant incident as a result of the relocation, including without limitation all costs incurred in changing addresses on stationery, business cards, and other such items and all costs to move Tenant's furniture, fixtures and equipment to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased substituted Premises. Sublandlord In addition, Landlord shall provide Subtenant Tenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely a Base Rent abatement with respect to such Subleased Premises by written notice three (3) months of Base Rent first coming due after the relocation of Tenant to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to be effective sixty (60) days after Subtenant’s electionthe new Premises. Upon the completion of a relocationFor clarity, the three (3) months of Base Rent shall be adjusted abatement provided for in this Section 24.1 is in addition to reflect the actual square footage any rent credit to which Tenant is entitled under Section 2.1 of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseTenant Work Letter.
Appears in 1 contract
Samples: Lease Agreement (Everbridge, Inc.)
Right to Relocate. Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the unrestricted and unconditional right to offer Subtenant New relocate Tenant from the Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% of the original Subleased Premises) if Sublandlord’s store size has been or is to any other substantially similar office space in the process Project. Landlord may only exercise such right one (1) time during the Lease Term. Landlord shall deliver notice to Tenant of being reducedLandlord's desire to relocate Tenant, together with a proposal for the area to which such Premises shall be relocated. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by Should Landlord exercise its right to relocate Tenant under this Section, Sublandlord agrees (i) expenses of said relocation or of any necessary renovation or alteration, as calculated by Landlord prior to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and any relocation, shall be responsible for moving all of its inventory paid by Landlord, and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30ii) calendar days after receipt of Sublandlord’s written notice of following such relocation, the substituted space shall for all purposes thereinafter constitute the Premises and all terms and conditions of this Lease shall apply with such termination full force and effect to the Premises so relocated, and (iii) Tenant shall be effective given a rent abatement equal to two (2) months of Base Rent following the relocation. If Tenant has not relocated its premises within sixty (60) days after Subtenant’s electionLandlord notifies Tenant of Landlord's desire to relocate Tenant, Landlord shall have the right to terminate this Lease by giving notice of such termination to Tenant (the "Termination Notice"). Upon the completion of a relocation, the Rent Such termination shall be adjusted effective upon any date selected by Landlord in the Termination Notice which is at least ten (10) days after the Termination Notice. Tenant hereby further covenants and agrees to promptly execute and deliver to Landlord any lease amendment or other such document appropriate to reflect the actual square footage of changes in the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseLease described or contemplated above.
Appears in 1 contract
Right to Relocate. Sublandlord mayLandlord shall have the right, at any timeLandlord’s sole cost and expense, to relocate any of Subtenant’s Subleased Tenant from the Premises to another area of any other office space within Concourse V or the Building that is comparable in size to the Premises; provided, however, that such relocation space shall not be located below the eighth (8’h) floor within either building. Landlord shall deliver notice to Tenant of Landlord’s desire to relocate Tenant, together with a proposal for the area to which such Subleased Premises are located shall be relocated. Should Landlord exercise its right to relocate Tenant under this Paragraph 30, then (“New Premises”i) all expenses of said relocation or of any necessary renovation or alteration, as reasonably calculated by Landlord prior to any relocation, shall be paid by Landlord (including, without limitation, costs reasonably incurred in changing addresses on stationery, business cards, directories, advertising, and other such items), provided and (ii) following such relocation, the New substituted space shall for all purposes thereinafter constitute the Premises and all terms and conditions of this Lease shall haveapply with full force and effect to the Premises as so relocated, except that if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have the right to offer Subtenant New relocated Premises with lesser square footage than the original Subleased Premises (but in no event lesser than 70% is different from that of the original Subleased Premises) if SublandlordPremises as originally leased hereunder, Monthly Rental and Tenant’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and Share shall be responsible for moving all of its inventory and other goods to the New Premisesadjusted accordingly. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or Tenant has not relocated its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord premises within thirty (30) calendar days after receipt Landlord’s Substantial Completion of Sublandlord’s written notice of such relocationthe new Premises, with such termination to be effective sixty (60) days after Subtenant’s election. Upon the completion of a relocation, the Rent then it shall be adjusted an Event of Default on the part of Tenant hereunder and Landlord shall be entitled to exercise any and all of its rights and remedies available upon an Event of Default. Tenant hereby further covenants and agrees to promptly execute and deliver to Landlord any lease amendment or other such document appropriate to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under changes in this SubleaseLease described or contemplated above.
Appears in 1 contract
Right to Relocate. Sublandlord mayAt any time or from time to time during the Lease Term, at any time, Landlord shall have the unrestricted and unconditional right to relocate any of Subtenant’s Subleased Tenant from the Premises to another any other office space within the project currently referred to as "Concourse". Landlord shall deliver notice to Tenant of Landlord's desire to relocate Tenant, together with a proposal for the area to which such Premises shall be relocated. Should Landlord exercise its right to relocate Tenant under this Paragraph 30 then (i) expenses of said relocation or of any necessary renovation or alteration (including costs of cabling or re-cabling, costs of moving telephone equipment, costs of replacing stationary rendered obsolete by virtue of the Building in which such Subleased Premises are located (“New Premises”change of address, and the costs of the move), provided as calculated by Landlord prior to any relocation, shall be paid by Landlord, and (ii) following such relocation, the New substituted space shall for all purposes thereinafter constitute the Premises and all terms and conditions of this Lease shall have, if possible, approximately apply with full force and effect to the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Premises as so relocated. Tenant shall have the right to offer Subtenant New terminate the Lease if Tenant believes, in Tenant's reasonable and good faith judgment, that the space to which the Premises with lesser square footage than the original Subleased Premises are being relocated is not acceptable. In such event, Tenant shall notify Landlord within twenty (but in no event lesser than 70% 20) days of the original Subleased Premises) if Sublandlord’s store size date Tenant first has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt of Sublandlord’s written notice of such relocationthe space proposed as the new Premises, with such termination to be effective sixty (60) days after Subtenant’s electionsuch notice of termination is given. Upon If Tenant has not relocated its premises within sixty (60) days after Landlord first notifies Tenant of Landlord's desire to relocate Tenant, then it shall be an event of default on the completion part of Tenant, and Landlord shall have, as a relocationpart of said remedies, the Rent right to terminate this Lease. Such termination shall be adjusted effective upon any date selected by Landlord in the Termination Notice which is at least ten (10) days after the Termination Notice is given by Landlord to Tenant. Tenant hereby further covenants and agrees to promptly execute and deliver to Landlord any lease amendment or other such document appropriate to reflect the actual square footage of changes in the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseLease described or contemplated above.
Appears in 1 contract
Samples: Lease Agreement (Delphi Information Systems Inc /De/)
Right to Relocate. Sublandlord may(i) Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but substitute in no event lesser than 70% lieu of the original Subleased Premises) if Sublandlord’s store size has been or is Premises alternative space in the process Building designated by Landlord (the “Relocation Space”) effective as of being reducedthe date (the “Relocation Effective Date”) set forth in a notice given to Tenant (the “Relocation Notice”) provided that Landlord’s notice shall be accompanied by a floor plan of the Relocation Space, and such notice or the floor plan shall set forth the rentable square foot area of the Relocation Space. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar The Relocation Space shall be reasonably comparable to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within internal configuration, quality of finish and rentable square foot area (i.e., plus or minus ten (10%) percent). The Relocation Effective Date shall not be less than thirty (30) calendar days after receipt following the date upon which the Relocation Notice is given to Tenant. In the event that Landlord exercises its rights hereunder, (a) Tenant shall deliver to Landlord possession of Sublandlord’s written notice the Premises on or before the Relocation Effective Date vacant and broom clean, free of such relocationall occupancies and encumbrances and otherwise in accordance with the terms, with such termination to be covenants and conditions of the Lease as if the Relocation Effective Date were the Expiration Date, (b) effective sixty (60) days after Subtenant’s election. Upon as of the completion of a relocationRelocation Effective Date, the Rent term and estate hereby granted with respect to the Premises originally demised hereunder shall be adjusted to reflect terminate, the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Minimum Rent and Additional Rent payable under this SubleaseLease shall be reduced, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space; provided, however, that Tenant’s Rent shall not be increased if the Relocation Space is larger than the Premises.
(ii) Landlord shall at Landlord’s cost and expense, perform any work to be performed to prepare the Relocation Space for Tenant’s occupancy, remove and reinstall Tenant’s personal property, trade fixtures and equipment and improvements in the Relocation Space (“Landlord’s Relocation Work”). Landlord shall complete Landlord’s Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof (provided that Landlord shall use reasonable efforts to minimize inconvenience and interference with Tenant’s business in the Premises in connection therewith; provided that Landlord shall not be required to incur overtime or additional expenses in connection therewith). Landlord shall promptly reimburse Tenant, after Landlord’s receipt of a detailed invoice therefor, for Tenant’s actual and reasonable out-of-pocket costs incurred by Tenant in connection with the relocation and/or reinstallation of any telephone, internet, wi-fi, electronic or other communications equipment and wiring from the Premises to the Relocation Space.
(iii) Following any relocation undertaken pursuant to this subsection, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Minimum Rent and Additional Rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
Appears in 1 contract
Right to Relocate. Sublandlord may, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord shall have Landlord reserves the right to offer Subtenant New relocate the Premises, provided such relocation is to comparable office space within the Building. If Landlord exercises this right, it agrees to substitute for the Premises with lesser square footage than comparable office space within the original Subleased Premises Building subject to the following conditions: (but in no event lesser than 70% a) Landlord shall have given Tenant written notice (the "Relocation Notice") of the original Subleased relocation identifying the location within the Building and dimensions of the new space to be made subject to this Lease (the "Substitute Premises") if Sublandlord’s store size has been or is together with a plan of such Substitute Premises; (b) the Substitute Premises shall be substantially similar in area to the process Premises initially leased to Tenant hereunder and shall be delivered with improvements of being reduced. Provided that Subtenant is open a similar standard and operating quantity as exists at the applicable Subleased Premises at the time Sublandlord exercises Commencement Date (together with any approved Alterations constructed by Tenant); and (c) Landlord shall pay all of Tenant's reasonable costs and expenses directly incurred as a result of the rights granted by this Sectionrelocation, Sublandlord including moving expenses in connection with the relocation and the cost of re-wiring and re-installing telephone machinery and equipment, which expenses shall be subject to Landlord's reasonable review prior to Tenant incurring any liability therefor. Tenant agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways Landlord so as to facilitate the move prompt completion by Landlord of its obligations under this Section and the prompt surrender by Tenant of the Premises. Tenant shall vacate and surrender the Premises and shall be responsible for moving all of its inventory and other goods to occupy the New Premises. If Subtenant fails to so cooperateSubstitute Premises promptly (and, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such movein any event, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within later than thirty (30) calendar days days) after receipt of Sublandlord’s written notice of such relocation, with such termination the work has been substantially completed in the Substitute Premises. Landlord and Tenant agree to be effective sixty execute a lease amendment within ten (6010) days after Subtenant’s election. Upon the completion of a relocation, the Rent shall be adjusted to reflect the actual square footage following delivery of the New Premises Relocation Notice to confirm the leasing of the Substitute Premises, and any corresponding changes relative to the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this SubleaseSubstitute Premises.
Appears in 1 contract
Samples: Lease (Radius Health, Inc.)
Right to Relocate. Sublandlord may45.01 Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New Premises with lesser square footage than the original Subleased Premises (but substitute in no event lesser than 70% lieu of the original Subleased Premises) if Sublandlord’s store size has been or is Premises alternative space in the process Building located on or above the 10th floor designated by Landlord (the "Relocation Space") effective as of being reducedthe date (the "Relocation Effective Date") set forth in a notice given to Tenant (the "Relocation Notice"). Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar The Relocation Space shall be reasonably comparable to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty internal configuration, quality of finish and rentable square foot area (30i.e., plus or minus ten (10%) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to percent). The Relocation Effective Date shall not be effective sixty less than ninety (6090) days after Subtenant’s electionfollowing the date upon which the Relocation Notice is given to Tenant. Upon In the completion event that Landlord exercises its rights hereunder, (i) Tenant shall deliver to Landlord possession of a relocationthe Premises on or before the Relocation Effective Date vacant and broom clean, free of all occupancies and encumbrances and otherwise in accordance with the terms, covenants and conditions of the Lease as if the Relocation Effective Date were the expiration date of the Term of this Lease, (ii) effective as of the Relocation Effective Date, the Rent term and estate hereby granted with respect to the Premises originally demised hereunder shall be adjusted to reflect terminate, the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Fixed Annual Rent and Additional Rent payable under this SubleaseLease shall be adjusted, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space; provided, however, that in the event that the rentable square foot area of said Relocation Space is greater than the original Premises, the Fixed Annual Rent and Additional Rent payable for the Relocation Space shall be equal to the amount payable hereunder for the Premises.
45.02 Provided that Tenant is not in default under this Lease, Landlord shall (i) at Landlord's cost and expense, remove and reinstall Tenants' personal property, trade fixtures and equipment in the Relocation Space ("Landlord's Relocation Work") and (ii) compensate Tenant for Tenant's actual, reasonable, out-of-pocket moving and related expenses (including, without limitation the reasonable fees of architects, engineers and attorneys and reasonable stationary costs) upon Tenant's submission of paid invoices therefor. Landlord shall complete Landlord's Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof. Landlord shall use reasonable efforts to minimize interference with Tenant's normal business activities within the Premises. Landlord's Relocation Work shall be performed after normal business hours or on weekends.
45.03 Following any relocation undertaken pursuant to this Article, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Fixed Annual Rent and Additional Rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
Appears in 1 contract
Right to Relocate. Sublandlord may45.01 Notwithstanding anything contained in this Lease to the contrary, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right right, subsequent to offer Subtenant New Premises with lesser square footage than the original Subleased Premises first (but in no event lesser than 70% 1st) anniversary of the original Subleased Commencement Date and prior to the ninth (9th) anniversary of the Commencement Date, to substitute in lieu of the Premises) if Sublandlord’s store size has been or is , alternative space in the process Building designated by Landlord (the “Relocation Space”) effective as of being reducedthe date (the “Relocation Effective Date”) set forth in a notice given to Tenant (the “Relocation Notice”). Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this Section, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar The Relocation Space shall be reasonably comparable to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased internal configuration, quality of finish (e.g., paint, carpet and floor coverings, ceiling tiles, moldings and millwork, if any, by means of substantially the same materials as existed in the Premises provided that same are then commercially reasonably available to Landlord, and to the extent they are not so available, by written notice means of materials which are substantially similar in nature and of a quality equal or superior to Sublandlord within thirty the materials as previously existed in the Premises, in each instance) and rentable square foot area (30i.e., plus or minus ten (10%) calendar days after receipt of Sublandlord’s written notice of such relocation, with such termination to percent). The Relocation Effective Date shall not be effective sixty less than ninety (6090) days after Subtenant’s electionfollowing the date upon which the Relocation Notice is given to Tenant. Upon In the completion event that Landlord exercises its rights hereunder, (i) Tenant shall deliver to Landlord possession of a relocationthe Premises on or before the Relocation Effective Date vacant and broom clean, free of all occupancies and encumbrances and otherwise in accordance with the terms, covenants and conditions of the Lease as if the Relocation Effective Date were the expiration date of the Term of this Lease, (ii) effective as of the Relocation Effective Date, the Rent term and estate hereby granted with respect to the Premises originally demised hereunder shall be adjusted to reflect terminate, the actual square footage of the New Premises and the New Premises Relocation Space shall be deemed to have replaced be the applicable Subleased Premises for all purposes and the Fixed Annual Rent and Additional Rent payable under this SubleaseLease shall be adjusted, if necessary, so as to reflect any difference between the deemed rentable square foot area of the original Premises and said Relocation Space. Notwithstanding anything contained in this Article 45 to the contrary, Landlord shall not substitute the Premises more than once during the original Term.
45.02 Landlord shall (i) at Landlord's cost and expense, remove and reinstall Tenants' personal property, trade fixtures and equipment (including the relocation of Tenant’s then existing telecommunications and voice capabilities) in the Relocation Space (“Landlord’s Relocation Work”) and (ii) compensate Tenant for Tenant’s actual, reasonable, out-of-pocket moving and related expenses, including the reasonable cost of reprinting a reasonable amount of Tenant’s stationery necessitated by such relocation, upon Tenant’s submission of paid invoices therefor. Landlord shall complete Landlord’s Relocation Work on or before the Relocation Effective Date provided that Tenant cooperates with Landlord and gives Landlord full access to the Premises to facilitate the performance thereof. Landlord warrants that the physical relocation of Tenant’s fixtures, goods, personality and equipment shall take place after normal business hours on a Friday or on a Saturday or Sunday.
45.03 Following any relocation undertaken pursuant to this Article, Tenant shall promptly execute and deliver an agreement confirming such relocation and fixing any corresponding adjustments in Fixed Annual Rent and Additional Rent payable under this Lease, but any failure to execute such an agreement by Tenant shall not affect such relocation and adjustments as determined by Landlord.
45.04 Notwithstanding anything contained in this Article 45 to the contrary, Landlord shall use reasonable efforts to provide a Relocation Space which has an existing outdoor terrace, however, in the event that Landlord is unable to do so using commercially reasonable efforts, and provided that Tenant is not in default under the terms of this Lease after notice, Landlord shall furnish Tenant with a credit to be applied against the four (4) monthly installments of Fixed Annual Rent accruing immediately following Tenant’s relocation into the Relocation Space in compliance with the terms of this Article 45.
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Samples: Lease Agreement (Fusion Telecommunications International Inc)
Right to Relocate. Sublandlord mayAt any time or from time to time during the Lease Term, at any time, relocate any of Subtenant’s Subleased Premises to another area of the Building in which such Subleased Premises are located (“New Premises”), provided the New Premises shall have, if possible, approximately the same rentable square footage of space; notwithstanding the foregoing, Sublandlord Landlord shall have the right to offer Subtenant New relocate Tenant from the Premises to any other office space in either the Building or in that certain building adjacent to the Building and known as "Concourse Corporate Center I", so long as, with lesser square footage such relocation, Landlord also relocates to an adjacent location the space occupied by Tenant under a sublease, if any, adjacent to the Premises; provided however, unless Tenant otherwise agrees, (i) Landlord may not relocate Tenant more than once during the original Subleased Premises Term, and (but in no event lesser than 70% ii) if such relocation is during the last year of the original Subleased Premises) if Sublandlord’s store size has been or is in the process of being reduced. Provided that Subtenant is open and operating at the applicable Subleased Premises at the time Sublandlord exercises the rights granted by this SectionTerm, Sublandlord agrees to pay all reasonable moving expenses incurred by Subtenant incident to such relocation and for improving the New Premises so that the New Premises are similar to the then existing Subleased Premises. Sublandlord shall provide Subtenant with at least sixty (60) days prior written notice before making such relocation demand. Subtenant shall cooperate with Sublandlord in all reasonable ways to facilitate the move and shall be responsible for moving all of its inventory and other goods to the New Premises. If Subtenant fails to so cooperate, Sublandlord shall be relieved of all responsibility for damage or injury to Subtenant or its property during such move, except as Tenant may be caused by Sublandlord’s actual negligence. Notwithstanding the foregoing, if the New Premises identified by Sublandlord is not acceptable to Subtenant, then Subtenant may elect to terminate this Sublease solely with respect to such Subleased Premises by written notice to Sublandlord within thirty (30) calendar days after receipt Lease, effective as of Sublandlord’s written notice the proposed date of such relocation, by giving Landlord written notice thereof within fifteen (15) days after Landlord delivers to Tenant notice of Landlord's desire to relocate Tenant (provided, however, if Tenant gives such notice of termination, Landlord may keep this Lease in full force and effect by, within fifteen (15) days after its receipt of such notice, notifying Tenant that Landlord has elected not to relocate Tenant). Landlord shall deliver notice to Tenant of Landlord's desire to relocate Tenant, together with a proposal for the area to which such termination Premises shall be relocated. Should Landlord exercise its right to relocate Tenant under this Paragraph 30 then (i) expenses of said relocation or of any necessary renovation or alteration, including, without limitation, Tenant's "out-of-pocket" expenses for items such as replacement of business cards and stationery made obsolete by such relocation, and recabling, shall be effective billed to and paid by Landlord as calculated by Landlord prior to any relocation, shall be paid by Landlord, and (ii) following such relocation, the substituted space shall for all purposes thereinafter constitute the Premises and all terms and conditions of this Lease shall apply with full force and effect to the Premises as so relocated. Any such relocation shall be scheduled on a weekend, or other time reasonably acceptable to Tenant so as to minimize the interruption of Tenant's business operation. If Tenant has not relocated its premises within sixty (60) days after Subtenant’s election. Upon Landlord first notifies Tenant of Landlord's desire to relocate Tenant, then it shall be an event of default on the completion part of Tenant, and Landlord shall have, as a relocationpart of its remedies, the Rent shall be adjusted right to reflect the actual square footage of the New Premises and the New Premises shall be deemed to have replaced the applicable Subleased Premises for all purposes under this Sublease.terminate this
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