Substitution of Premises. If, for reasons other than Provider’s negligence, willful misconduct, or breach of its obligations hereunder or as otherwise provided for in this Agreement, Provider ceases to have access rights to the Premises as necessary to operate the System prior to the Expiration Date, then Purchaser shall either (i) provide Provider with a mutually agreeable substitute premises in a location with similar capability to accommodate the System, or (ii) terminate the Agreement pursuant to Section 2.2. In connection with such substitution, Purchaser and Provider shall amend this Agreement to specify the substitute premises. Purchaser shall also provide any new owner, lessor, or mortgagee consents or releases required by Provider’s Financing Party in connection with the substitute premises. If Purchaser is unable to obtain such consents and releases for a substitute premises, the substitution shall not be allowed and Purchaser shall terminate the Agreement pursuant to Section 2.2. Purchaser shall pay all reasonable costs associated with relocation of the System including all costs and expenses incurred by or on behalf of Provider in connection with removal of the System from the existing Premises and repair or maintenance of the Premises, if applicable, and installation and testing of the System at such substitute premises and all applicable interconnection fees and expenses at the substitute premises, as well as costs of new title search and other out of pocket expenses connected to preserving and re-filing the security interest of Provider’s Financing Party in the System. Provider shall make commercially reasonable efforts to remove all of its tangible property comprising the System from the vacated Premises prior to the termination of Purchaser’s rights to use such Premises. Upon removal of the tangible property comprising the System from the Premises, at the Purchaser’s expense, the Premises shall be returned to its original condition, except for incidental hardware or other support structures and ordinary wear and tear. In connection with any substitution of Premises, Purchaser shall continue to make all payments for the Services as if Provider was capable of operating the System during any transfer or construction time period (the “Transfer Time”) and shall reimburse Provider for any actual, documented lost or recaptured revenue associated with lost production of Environmental Attributes during the Transfer Time. For the purpose of calculating Services Payments that...
Substitution of Premises. Subject to the conditions specified in this Xxxxxxxxx 00, Xxxxxxxx reserves the right without Tenant's consent, on thirty (30) days' written notice to Tenant, to substitute other premises within the Building for the Premises. In each such case, the substituted premises (a) shall contain at least the same Rentable Area as the Premises, (b) shall contain comparable tenant improvements, and (c) shall be made available to Tenant at the then-current rental rate for such space, which in no event shall exceed the Rent specified herein. Landlord shall pay all reasonable moving expenses of Tenant incidental to such substitution of premises.
Substitution of Premises. Intentionally Deleted
Substitution of Premises. Intentionally omitted.
Substitution of Premises. At any time after the execution of this lease and subject to the mutual consent between the parties, both parties acting reasonably, Landlord may substitute for the Premises other premises in the buildings known as Xxxxx’x Wharf Tower I, 0000 Xxxxx Xxxxx Xxxxxx or Xxxxx’x Wharf Tower II (the “New Premises”) in which event the New Premises shall be deemed to be the Premises for all purposes hereunder, provided:
(1) The New Premises shall be similar to the Premises in area and in appropriateness for use for Tenant’s purposes;
(2) If Tenant is then occupying the Premises, Landlord shall pay the expense of moving Tenant, its property and equipment to the New Premises, and such moving shall be done at such times and in such manner so as to cause the least inconvenience to Tenant;
(3) If Tenant is then occupying the Premises, Landlord shall give to Tenant not less than 30 days notice of such substitution, and if Tenant is not occupying the Premises, Landlord shall give Tenant not less than 15 days prior notice of such substitution;
(4) Landlord shall, at its sole cost, improve the New Premise with Improvements substantially similar to those located in the Premises, including but not limited to general space requirements, security and infrastructure set up and electrical access points.
Substitution of Premises. At any time after date of execution of this Lease, Landlord may substitute for the Leased Premises, other premises in the Development (the “new premises”), in which event the new premises shall be deemed to be the Leased Premises for all purposes under this Lease, provided: (i) the new premises shall be located in the Building or a comparable building and shall be similar to the Leased Premises in square footage and appropriateness for the use of Tenant's purposes; (ii) if Tenant is then occupying the Leased Premises, Landlord shall pay the expense of moving Tenant, its property and equipment to the new premises and such moving shall be done at such time and in such manner so as to cause the least inconvenience to Tenant; (iii) Landlord shall give to Tenant not less than thirty (30) days' prior written notice of such substitution; (iv) Landlord shall, at its sole cost, improve the new premises with improvements substantially similar to those located in the Leased Premises, and (v) Landlord shall reimburse Tenant for all costs ancillary to such move including but not limited to stationery, business card, changes in websites and other public materials referencing Tenant's address, filing fees for notice to regulatory bodies of the change of address, transition and service fees incurred to ensure a smooth transition of computer hardware and software applications.
Substitution of Premises. Intentionally deleted.
Substitution of Premises. Intentionally Omitted.
Substitution of Premises. 18 32. LANDLORD'S RIGHT TO ALTER COMMON AREAS...........................18 33. EXCULPATION......................................................18 34.
Substitution of Premises. Subject to the conditions specified in this Xxxxxxxxx 00, Xxxxxxxx reserves the right without Tenant’s consent after giving not less than 90 days prior notice, may move Tenant to other space in the Building comparable in size and utility to the Premises, provided that the size of the new space is no less than ninety-five percent (95%) of the original Premises. In addition, such other space must: (i) contain similar finishes, quality and layout as the Premises, and the same or greater number of work stations, offices, breakrooms, ping pong room and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation; and (ii) be located on the ground floor. In such event, all terms hereof shall apply to the new space, except that Base Rent and Tenant’s Proportionate Share shall not increase as a result of such relocation (if the substituted premises are larger and shall decrease proportionately if the new space is smaller than the Premises. Landlord, at its expense, shall provide Tenant with tenant improvements in the new space at least equal in quality to those in the Premises. Landlord shall reimburse Tenant for Tenant’s reasonable out-of-pocket costs incurred in connection with such relocation, including without limitation, moving, re-cabling, installing Tenant’s furniture, fixtures and equipment signage and stationery-replacement costs. The parties shall execute a written agreement prepared by Landlord memorializing the relocation. Unless otherwise agreed to in writing by Tenant, Landlord shall effect the relocation move into the new space during a weekend or any Holiday or after 5:00 p.m. on a Friday (the “Approved Relocation Times”) so that Tenant’s business is not interrupted during the relocation. Notwithstanding the foregoing, if Landlord fails to substantially complete the relocation during the Approved Relocation Times and, as a result thereof, Tenant cannot open in the Relocation Space on the business day immediately following the relocation during the Approved Relocation Times, Tenant shall be entitled to receive a per diem abatement of Base Rent for each business day the relocation prohibits the Tenant from operating its business during such business day(s) as a result of the acts or omissions Tenant, its agents, employees or contractors.