TENANT'S OPTION TO DETERMINE. 8.1 The Tenant can determine this Lease on the Break Date by giving to the Landlord not less than nine months’ prior written notice and provided that the Tenant complies with the conditions set out in clause 8.2 below (the “Break Conditions”).
8.2 The Break Conditions are that the Tenant shall:
(a) up until the Break Date have paid the yearly rent and Service Charge reserved by this Lease for the period up to and including the Break Date provided that such Service Charge has been demanded in writing at least 14 days prior to the Break Date;
(b) give up vacant possession of the Premises on the Break Date; and
(c) not have granted any sublease, licence to occupy or tenancy at will or any other occupation interests whatsoever in relation to the Premises or any part thereof which shall continue to subsist after the Break Date, but the Tenant shall not be in breach of this clause 8.2 if on the Break Date there remain any Tenant fixtures, fittings or chattels of an inconsequential nature provided that the Landlord shall have the right to remove the same immediately on determination of the Lease at the sole cost of the Tenant.
8.3 On the expiry of such notice the Term will end but without affecting the rights or remedies of either party against the other in respect of any previous breach of any of the covenants or conditions in this Lease.
8.4 The Landlord shall refund to the Tenant any yearly rent and Service Charge paid pursuant to clause 8.2(a) paid in advance by the Tenant in respect of any period after the Break Date within 14 days of the Break Date.
8.5 Time is of the essence as to all the dates and periods referred to in this clause 8. Executed and delivered as a deed on (but not before) the date of this document. SCHEDULE 1
TENANT'S OPTION TO DETERMINE. 6.13.1 Subject to the Pre Conditions (as hereinafter defined) being satisfied if the Tenant shall desire to determine the Term on the Break Date (time being of the essence for such date) and shall give to the Landlord notice to that effect ("the Break Notice") not later than twelve months and not earlier than eighteen months before the Break Date (time to be of the essence for such notice) then on the Break Date the Term shall thereupon cease and deter- mine but without prejudice to the remedies of either party against the other in respect of any antecedent claim or breach of covenant
6.13.2 For the purpose of sub-clause 6.13.1 above the Pre Conditions are that on the Break Date:
6.13.2.1 this Underlease remains vested in the Tenant named herein or a Group Company ("Group Company" meaning a company that is a member of the same group as the Tenant within the meaning of Section 42 of the Landlord and Xxxxxx Xxx 0000 in the form of that Section as it exists at the date of this Underlease and so remains a member during the period in which the Underlease is vested in that company)
6.13.2.2 the Tenant provides vacant possession of the whole of the Demised Premises
6.13.2.3 the Tenant has paid the rent first reserved and the "on account" service charge payable under this Underlease
6.13.2.4 the Tenant pays the Due Sum (if any) referred to in Clause 6.13.3 not later than four weeks before the Break Date PROVIDED THAT if the Assessor (as hereinafter defined) shall fail to make an assessment ("the Assessment") of the Due Sum (as hereinafter defined) and notify the Tenant of the Due Sum six weeks before the Break Date the Tenant shall pay to the Landlord the Due Sum within 14 days of being notified of the Assessment ("the Due Date") PROVIDED FURTHER that if the Due Date is later than the Break Date this condition shall not be treated as a precondition but shall be a condition subsequent
6.13.3.1 The provisions of this Clause 6.13.3 shall only apply in the event of the Tenant serving a Break Notice
6.13.3.2 In the event of any dispute as to any sums payable under this Underlease (whether in relation to dilapidations service charges or otherwise) the Due Sum (as hereinafter defined) shall be the subject of a deposit of cash with (or the provision of an unconditional guarantee from a London Clearing Bank in favour of) the Landlord's solicitors
6.13.3.3 The Due Sum shall be the amount needed to remedy any breaches of covenant and/or make good any deficiency in payments t...
TENANT'S OPTION TO DETERMINE. (a) The Tenant shall have surrendered and delivered up possession to the Landlord of the entire of the demised premises together with all the Lessor's fixtures and fittings therein on or before the expiration of the said notice.
(b) The Tenant shall without delay upon being requested by the Lessor in that behalf execute and deliver to the Lessor all such documentation as may reasonably be required by the Landlord with a view to implementing and perfecting the documentation to be effected, and
(c) The acceptance by the Landlord of any such surrender shall be without prejudice to any claim by it against the Lessee or by the Tenant against it in respect of any antecedent breach of covenant condition or stipulation herein contained.
TENANT'S OPTION TO DETERMINE. 11.1 In this clause "TERMINATION DATE" means[ at the end of the tenth year] 2000.
TENANT'S OPTION TO DETERMINE. 6.12.1 Subject to Clause 6.12.2, the Tenant may terminate this Lease on the Break Date by serving written notice on the Landlord not less than six months before the Break Date and then this Lease will end on the Break Date, but without prejudice to any rights or remedies that may have accrued, if:-
(a) the Tenant has paid all the sums due to the Landlord under this Lease on or before the Break Date; and
(b) the Tenant is not materially in breach of its covenants contained in this Lease on the Break Date; and
(c) the Tenant delivers vacant possession of the Premises to the Landlord on or before the Break Date;
6.12.2 The right in Clause 6.12.1 is personal to the Tenant named in the Particulars and will cease to have effect on the date of the first assignment or transfer of this Lease.
TENANT'S OPTION TO DETERMINE. The Tenant may determine this Lease by giving to the Landlord not less than twelve months' previous notice in writing to expire on the 25 December 2009. On the expiration of such notice and upon payment by the Tenant to the Landlord of a sum equivalent to six months rent firstly reserved by this Lease at such date and upon the Tenant giving vacant possession this Lease shall cease and determine, but without prejudice to any claim in respect of any prior breach.
TENANT'S OPTION TO DETERMINE. 11.1 The Tenant may end this Lease on 29 September 2016 by giving at least 12 months° written notice expiring on that day PROVIDED that at the time of expiry of such notice:
(a) there are no arrears of any rents reserved by or any other sums payable by the Tenant under this Lease (whether or not subject to dispute); and
(b) vacant possession of the Premises is gi ien and at the same time the Tenant pays to the Landlord a sum equal to six months’ rent at the rate then payable pursuant to clause 2.6(a) of this Lease.
11.2 If any of the conditions referred to in (a) or (b) above are not satisfied at the date of expiry of such notice the notice is deemed to be ,‘ lc effect and this Leas shall continue as before, provided that the Landlord may waive all or any of the said conditions by giving notice to the Tenant at any time.
11.3 The ending of this Lease shall not affect either party’s rights in respect of any earlier breach of any provision of this Lease.
11.4 The provisions contained in this paragraph 12 are personal to and exercisable only by J Xxxxxx Xxxxxxxx Group Limited. They are not capable of being assigned or otherwise dealt with by J Xxxxxx Xxxxxxxx Group Limited and shall cease to have effect upon the date of the first deed of assignment of this Lease between J Xxxxxx Xxxxxxxx Group Limited and its assignee irrespective of whether such assignment is notified to the Landlord.
11.5 Nothing in this paragraph 12 shall have the effect of making time of the essence for the purposes of the review of rent under this Lease.
TENANT'S OPTION TO DETERMINE. (a) The Tenant shall be entitled to determine this Lease on 29 December 1999 by giving to the Landlord not less than six (6) months' written notice and on the expiration of such notice this Lease shall cease and determine but without prejudice to any claim which either party may have against the other in respect of any antecedent breach of any of the covenants in this Lease
(b) The Tenant's right to determine the Lease as set out in sub-clause (a) above is subject to the Tenant paying to the Landlord El 8,648 on the service of the notice mentioned above
TENANT'S OPTION TO DETERMINE. 17.1 In this clause "Termination Date" means any date on or after the first eighteen months of the Term.
TENANT'S OPTION TO DETERMINE. 20.1 In this clause "TERMINATION DATE" means 29 September 2004.
20.2 Subject to the pre-conditions in Clause 203 being satisfied on the Termination Date, and subject to Clause 20.4 the Tenant, may determine the Term on the Termination Date by giving the Landlord not less than 6 months' written notice. Term will then determine on the Termination Date, but without prejudice to any rights of either party against the other for any antecedent breach of its obligations under this Lease.
20.3 The pre-conditions are that:
20.3.1 the Premises are in a state materially consistent with the proper performance of the Tenant's obligations contained in Clause 11;
20.3.2 vacant possession of the whole of the Premises is given to the Landlord; and
20.3.3 all Rent Additional Rent and other sums due under this Lease up to the Termination Date have been paid in full.
20.4 The Landlord may waive any of the pre-conditions set out in Clause 20.3 at any time before the Termination Date by written notice to the Tenant.
20.5 The Tenant will cancel any registration it has made in connection with this clause within 5 Working Days of the Termination Date.
20.6 Time will be of the essence for the purposes of this clause.
