Tenant Termination. Tenant shall have the right to terminate this Agreement, without paying any fee or penalty, when and if one of the following events occur (hereinafter collectively referred to as “Management Company Default”), after which Tenant shall have the right – but not the obligation – to declare a termination of this Agreement in accordance with the termination protocols set forth below:
(a) appointment of a receiver or trustee to manage the assets of Management Company;
(b) assignment for the benefit of creditors of the assets of Management Company;
(c) suspension, termination or revocation of any material License, with no further opportunity to appeal or contest such suspension, termination or revocation;
(d) Management Company’s gross negligence or willful misconduct;
(e) any voluntary act of bankruptcy by Management Company, or any involuntary bankruptcy proceeding commenced against Management Company and not dismissed within sixty days of the commencement thereof;
(f) Management Company’s breach of any provisions of this Agreement, where such breach has not been cured within thirty (30) days after the giving of written notice specifying the nature of the breach or such longer period as may reasonably be required to diligently effect such cure; and/or
(g) Any “Management Company Default” by Management Company under any of the Affiliated Agreements; provided, however, Tenant and Management Company hereby agree that the failure of a facility under an Affiliated Agreement to satisfy the performance termination test set forth in Section 7.3 (Performance Termination) of such Affiliated Agreement shall not constitute a “Management Company Default” by Management Company under such Affiliated Agreement.
Tenant Termination. Provided no Event of Default shall exist on the fourth anniversary of the Commencement Date, Tenant shall have the right to elect to terminate this Lease. Such election, if made by Tenant, shall be delivered to Landlord in writing prior to the fourth anniversary of the Commencement Date and shall be effective on the fifth anniversary of the Commencement Date. Such election, once made by Tenant by delivery of notice, as aforesaid, shall be irrevocable. If such election is not, or may not be, made, as aforesaid, Tenant shall have no further rights under this Section.
Tenant Termination. Landlord grants Property Manager authority to negotiate early termination of a lease.
Tenant Termination. Tenant may terminate this rental agreement at any time by giving HACH written notice no less than 30 days in advance.
Tenant Termination. Tenant may terminate this Agreement by giving the Landlord a written thirty (30) day notice, either delivered by hand, fax, or US Mail.
Tenant Termination. 9.1.1 The Tenant shall have the right to terminate this Lease in the event that the Tenant ceases to be a person to whom the Code is applied by serving not less than [3 months’] prior written notice on the Landlord.
9.1.2 The Tenant may terminate this Lease in the event that any of the circumstances referred to at paragraph 10.3.1 of this Lease exist for a continuous period of [12 months] by serving not less than [3 months'] prior written notice on the Landlord. [DRAFTING NOTE: Will require amendment if Site Payment is to be paid as a lump sum.]
9.1.3 [The Tenant may terminate this Lease [at any time on or after][on] the Tenant's Break Date by serving the Tenant's Break Notice upon the Landlord.]
9.1.4 [The Tenant may terminate this Lease in the event of termination or expiration of the Tenant's contract to provide a service to its customers in the county, region or area in which the Communications Site is located by serving not less than [3 months'] prior written notice on the Landlord.]
9.1.5 Any termination under paragraph 9.1 shall be without prejudice to any rights either party may have against the other in relation to any antecedent breach.
Tenant Termination. Tenant shall not be entitled to terminate this Lease. Subject to the requirements described in Section 16, Tenant may only be released after a Completed Reassignment (as defined in Section 16). Tenant understands that other than after a Completed Reassignment, Tenant will be responsible for payment for the entire Term of this Lease. Nothing in this paragraph or Lease shall obligate Landlord to release Tenant from its obligations under the Lease.
Tenant Termination. Tenant shall have the right to terminate this Agreement, without paying any fee or penalty, when and if one or more of the following events occur (hereinafter collectively referred to as “Management Company Default”), after which Tenant shall have the right, but not the obligation, to declare a termination of this Agreement in accordance with the termination protocols set forth below:
(a) appointment of a receiver or trustee to manage the assets of Management Company or its Affiliates;
(b) assignment for the benefit of creditors of the assets of Management Company or its Affiliates;
(c) ban on admissions, suspension of any License, or termination or revocation of any License, if not corrected within five (5) Business Days;
(d) Management Company’s negligence or willful misconduct;
(e) any voluntary act of bankruptcy by Management Company or its Affiliates, or any involuntary bankruptcy proceeding commenced against Management Company or its Affiliates and not dismissed within sixty (60) days of the commencement thereof;
(f) any event(s) resulting in none of Sxxxx Xxxxxx, Jxxx Xxxxxx or Kxxxx Xxxxxxx maintaining operational control of Manager, or any other change in control of Management Company, whether by (i) sale of assets, (ii) sale, pledge, assignment, exchange or transfer of stock or other equity interests, or (iii) merger, consolidation, or otherwise, not previously approved by Tenant; or
(g) Management Company’s breach of any provisions of this Agreement, where such breach has not been cured within thirty (30) days after the giving of written notice specifying the nature of the breach or such longer period as may reasonably be required to diligently effect such cure, provided such longer period does not violate the Legal Requirements and Management Company diligently prosecutes a cure; or
(h) Any “Management Company Default” by Management Company or its Affiliate under any Affiliated Agreement.
Tenant Termination. Notwithstanding the foregoing, if the Private Facilities are damaged or destroyed by fire or other cause (i) during the last 15 years of the Lease Term and the cost to restore or repair the Private Facilities, as reasonably estimated, would exceed 35% of the full replacement cost of the Improvements (or 20% during the last ten years of the Lease Term); or (ii) at any time during the Lease Term, if the cost to restore or repair the Private Facilities, as reasonably estimated, would exceed 50% of the full replacement cost of the Improvements; or (iii) at any time during the Lease Term, if restoration of the Private Facilities to its condition prior to such damage or destruction is not feasible under applicable Laws or is not economically feasible, in any such case, Tenant may, at its option, terminate this Lease by notice given to Landlord no later than 180 days after such fire or other casualty event, provided all of the following conditions are met; otherwise, the Parties shall comply with Section 10.2:
(a) an Event of Default does not then exist;
(b) except for Subtenants of the Residential Building or Subtenants with Attornment Agreements whose Subleases continue in effect, there are no Subtenants whose leases or occupancy agreements have not been validly terminated by reason of such damage or destruction; and
(c) Tenant shall perform such work as is necessary to render the Private Facilities in a secure condition, and after Tenant has recovered its costs therefor from the insurance proceeds, any and all remaining insurance proceeds from the Property Damage Policy shall be first paid to the Leasehold Mortgagees (if any), and then to Landlord (subject to the rights of any Fee Mortgagee). If such termination notice is given, this Lease shall cease and be terminated as of the later of the date 45 days after the date Landlord receives such notice and the date all of the foregoing conditions in this Section are met as certified by Tenant by notice to Landlord. Tenant shall not be required to repair such damage or destruction if the foregoing conditions are met.
Tenant Termination. 39.1 Tenant shall have the right, from and after the ten year (10) anniversary of the Commencement Date and three (3) months from the date thereafter, to cancel this Lease and be relieved of all liability hereunder, provided:
39.2 Tenant shall notify Landlord in accordance with the notice provisions hereunder, of Xxxxxx’s intention to terminate this Lease and deliver possession of the Demised Premises to Landlord.
39.3 That at the time of the delivery of possession of the Demised Premises Tenant shall have paid all amounts due and owing to Landlord under the terms of this Lease, inclusive of Percentage Rent.
39.4 That Tenant has complied with all other of its obligations under the Lease to the date of the termination of this Lease.
39.5 That Tenant shall deliver the Demised Premises to Landlord in broom clean condition and with all improvements in the Demised Premises in good working order, condition and repair.
39.6 Said termination shall not be effective until thirty (30) days after receipt of the required written notice to Landlord and payment to Landlord of all amounts outstanding hereunder. Tenant acknowledges that in the event of such early termination of this Lease, the Security Deposit shall be forfeited to Landlord as liquidated damages.
