TENANT’S BREAK CLAUSE. If at any time after the expiration of the first six months of the Term the Tenant shall desire to determine this Agreement and shall give the Landlord not less than four weeks prior written notice of such desire (the “Tenant’s Determination Notice”) pursuant to this sub-clause then on the expiration of the said Determination Notice, the Term shall absolutely cease and determine but without prejudice to the rights and remedies of either party to this Agreement in respect of any antecedent claim or breach of covenant relating to this Agreement.
TENANT’S BREAK CLAUSE. The Tenant shall have the right to terminate the tenancy at the end of the first six month period by giving to the Landlord not less than 60 clear days notice in writing to that effect and upon the expiration of such Notice this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of 60 days notice must expire at the end of a period of the tenancy being the ……………….(date)… of the month. (Clauses 1.21 and 1.22 must be included together)
TENANT’S BREAK CLAUSE. The Landlord agrees that the Tenant has the right to terminate the Tenancy on or after the first by giving the Landlord not less than TWO MONTHS prior notice in writing to be served by first class post or hand delivery to the address specified in clause
TENANT’S BREAK CLAUSE. The Tenant may determine this Lease at any time after the third anniversary of the commencement of this Lease by giving not less than 6 months prior written notice and upon the expiration of such notice the Term shall cease and determine without prejudice to the rights of either party against the other in respect of any antecedent breach of covenants. Termination by the Tenant is conditional upon:
8.8.1 The Tenant having paid the rents reserved by this lease in this lease up to the date of expiry of the notice and;
8.8.2 On expiry of the notice the Tenant delivering up to the Landlord the whole of the Property with vacant possession
TENANT’S BREAK CLAUSE. The Tenant may terminate this Lease by not less than six months’ written notice to that effect served upon the Landlord expiring on the third anniversary of the date of commencement of the Term whereupon this Lease shall absolutely determine save in respect of the liability of either party to the other arising from or in connection with any antecedent breach
TENANT’S BREAK CLAUSE. 41.1 In this clause a Break Notice means a notice to terminate this Lease.
41.2 On a date after the expiry of ten years from the first day of the Contractual Term the Tenant may terminate the whole of this Lease only by serving a Break Notice on the Tenant terminating the Lease as from the date stated in the Break Notice (‘the Break Date’) being a date not earlier than two (2) months from the date of service of the Break Notice
41.3 The Break Notice shall be in writing and for the avoidance of doubt writing does not include facsimile transmission or e-mail.
41.4 The Break Notice shall state the Break Date.
41.5 The Break Notice shall not purport to terminate the Lease in relation to any part as opposed to the whole of the Property.
41.6 The Break Notice shall be signed by or on behalf of the Tenant.
41.7 The Break Notice shall be served by delivering it by hand or sending it by pre-paid first class post or recorded delivery to the Landlord in an envelope addressed to the Chief Executive, Council Offices, Xxxxxx Street Margate, Kent CT9 1XZ 41.8 In proving service of the Break Notice it shall be sufficient to prove that delivery by hand was made or that the envelope containing the Break Notice was correctly addressed and posted by pre-paid first class post or recorded delivery as the case may be.
TENANT’S BREAK CLAUSE. 8.1 In this clause the “Termination Date” is the fifth anniversary of the date of this Underlease
8.2 Subject to the pre-conditions in clause 8.3 being satisfied on the Termination Date the Tenant may terminate the Term on the Termination Date by giving the Landlord not less than six months’ written notice specifying the Termination Date following which the Term will then terminate on the Termination Date but without prejudice to any claim by a party in respect of any antecedent breach of any obligation of any other party under this Underlease
8.3 The pre-conditions are that:-
8.3.1 the Yearly Rent due up to and including the Termination Date has been paid in full; and
8.3.2 vacant possession of the whole of the Premises is given to the Landlord
8.4 The Landlord may waive the pre-condition in clause 8.3.1 at any time before the Termination Date by written notice to the Tenant
8.5 If any Rents have been paid by the Tenant in relation to the period falling after the Termination Date they will be refunded by the Landlord to the Tenant within twenty-one days of the Termination Date and each of the Rents to be refunded will be apportioned at the Termination Date in accordance with the following formula:- where:-
TENANT’S BREAK CLAUSE. The Tenant will have the right to break the lease at the end of the 5th year of the term and every 5 years thereafter. To exercise the right to break the Tenant must give the Landlord 6 months' prior written notice. The break right is conditional on the Tenant returning the Property free of occupational interests and charges and in accordance with the repairing obligations under the lease. 16. Maintenance
16.1 The Tenant will contribute towards its shared use of the access, Landlord car park and enhanced sports pitch. The amount will be calculated as a fair proportion of the total maintenance expenditure based on usage 16.2 An appropriate annual maintenance cap to be agreed, to include if appropriate a sinking fund
TENANT’S BREAK CLAUSE. 2.1 The following shall be added as a new clause 10:-
TENANT’S BREAK CLAUSE. 10.1 The Tenant may determine this Lease on 19 October 2021 by serving on the Landlord not less than six months’ prior written notice of determination (‘the Notice’)
10.2 This Lease shall only determine as a result of the Notice if:-
10.2.1 on the intended date of determination the Tenant gives vacant possession of the Premises to the Landlord; and
10.2.2 on the intended date of determination the Tenant shall have paid up to date the rent first reserved in this Lease; and
10.2.3 on the intended date of determination there shall be no continuing underleases
10.3 The Landlord may waive in its absolute discretion compliance with all or any of the conditions or obligations set out in clause 10.2 but unless otherwise expressly agreed in writing such waiver shall not relieve the Tenant from liability to comply with the relevant condition or obligation
10.4 If the provisions of this clause 10 are complied with then upon the expiry of the Notice, this Lease shall determine but without prejudice to any right of action of the Landlord in respect of any previous breach by the Tenant of this Lease and without prejudice also to the continuing operation of this clause 10
10.5 Time is of the essence in respect of this clause 10
10.6 Any notice of determination served under this clause 10 shall be irrevocable
10.7 If this Lease terminates in accordance with clause 10.4 then within fourteen (14) days of the date of such termination, the Landlord shall refund to the Tenant the proportion of the rents reserved by this Lease and any VAT paid in respect of them, for the period from (and excluding) the date of such termination up to (and including) the last day of the period in respect of which the relevant sum was paid”
2.2 The following shall be added as a new clause 8.7:- “(Notwithstanding clause 7.4) the Notice shall be served by delivering it by hand or sending it by pre-paid first class post or recorded delivery to the Landlord at the address specified in this lease or at such other address as the Landlords shall have previously notified to the Tenant in writing.”
