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
Appears in 2 contracts
Samples: Lease Agreement (Orchard Rx LTD), Lease Agreement (Orchard Rx LTD)
TENANT'S OPTION TO DETERMINE. 8.1 7.1 The Tenant can determine may end this Lease on either the Break First Termination Date or on the Second Termination Date (each being a “Termination Date”) by giving to the Landlord not less than nine at least 12 months’ prior written notice and expiring on the relevant Termination Date provided that at 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 shallrelevant Termination Date:
(a) up until there are no arrears of the Break Date have paid Principal Rent or the yearly rent and Service Charge reserved by this Lease for Second Rent [or the period Third Rent] (or any VAT which may be chargeable in respect of the Principal Rent or the Second Rent [or the Third Rent]) up to and including the Break relevant Termination Date provided that such Service Charge has been demanded in writing at least 14 days prior to but excluding any period falling after the Break relevant Termination Date;
(b) give up vacant possession occupation of the Premises on is given up by 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 Tenant and no underleases of the Premises (or any part thereof which of the Premises) remain subsisting.
7.2 If any of the conditions referred to in clause 7.1 (a) or (b) above are not satisfied at the relevant Termination Date the relevant Tenant’s notice served pursuant to clause 7.1 is deemed to be of no effect and this Lease shall continue to subsist after the Break Dateas before, 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 may waive all or any of such conditions by giving notice to the right to remove the same immediately on determination of the Lease Tenant at the sole cost of the Tenantany time.
8.3 On the expiry 7.3 The ending of such notice the Term will end but without affecting the this Lease shall not affect any party’s rights or remedies of either party against the other in respect of any previous earlier breach of any provision of this Lease. Within twenty working days following termination of the covenants or conditions in Lease pursuant to this Lease.
8.4 The clause 7, the Landlord shall refund reimburse to the Tenant any yearly rent and Principal Rent, Second Rent, [Third Rent,] Service Charge paid pursuant to clause 8.2(a) or Insurance Rent paid in advance by the Tenant in respect of any the period after (but excluding) the Break Date within 14 days of the Break relevant Termination Date.
8.5 Time is 7.4 On the date on which this Lease ends pursuant to this clause, the Tenant shall hand over to the Landlord the original Lease and all other title deeds and documents relating to the Premises where the same are in possession 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 1Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Gw Pharmaceuticals PLC), Agreement for Lease (Gw Pharmaceuticals PLC)
TENANT'S OPTION TO DETERMINE. 8.1 6.1 The Tenant can determine may bring this Lease to an end on the Break Date by giving not less than six (6) months prior written notice to the Landlord provided that at the expiry of such notice (the "Break Notice"):
6.1.1 there are no rent arrears of any rents reserved by or any other sums payable under this Lease (or the Previous Lease):
6.1.2 there is no outstanding breach of any of the Tenant's covenants;
6.1.3 the Tenant has vacated the Premises and there are no continuing sub-leases or other parties in occupation of the Premises; and
6.1.4 the Tenant has paid to the Landlord in cleared funds the sum of £14,618.10 (exclusive of VAT).
6.2 The Break Notice shall have no effect if the conditions in Clause 6.1.1 to and including 6.1.3 are not less than nine months’ prior written notice and satisfied at the date of expiry of the Break Notice provided that the Landlord may waive all or any of such conditions by giving notice to the Tenant complies with the conditions set out in clause 8.2 below (the “Break Conditions”)at any time.
8.2 The 6.3 On the date of termination of the Lease pursuant to valid service of the Break Conditions are that Notice by the Tenant, the Tenant shall:will give up occupation of the Premises and remove all items and equipment other than Landlord’s fixtures and the Term will expire but the parties will still be able to bring claims against each other if any of their respective obligations are outstanding at the time.
(a) up until 6.4 Within 21 days of the Break Date have termination of the Term, the Landlord shall repay to the Tenant any monies paid by the yearly rent and Service Charge reserved by this Lease for Tenant in so far as the same are attributable to the period up to and including after (but not including) the Break Date provided that such Service Charge has been demanded in writing the Landlord shall be entitled (acting at least 14 days all times properly and reasonably) to set off any sums due and outstanding from the Tenant to the Landlord pursuant to this Lease and relating to any period 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
Appears in 1 contract
Samples: Lease Agreement (SmartKem, Inc.)
TENANT'S OPTION TO DETERMINE. 8.1 14.1 The Tenant can determine may end 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 March 13, 2018 (the “Break ConditionsDate”).
8.2 The Break Conditions are ) by giving at least nine months’ written notice expiring on that day provided that at the Tenant shalltime of expiry of such notice:
(a) up until the Break Date have paid there are no arrears of the yearly rent and Service Charge first reserved by this Lease for the period up to and including the Break Date provided that such no arrears of Service Charge has been and insurance rent reserved by clauses 2.6 and 2.7 demanded in writing at least 14 days not less than 10 Working Days prior to the Break Date;
(b) give up vacant possession of the Premises on the Break Date; and
(cb) the Premises are free from occupation and continuing sub-leases.
14.2 If any of the conditions referred to in paragraphs 14(a) or14 (b) above are not have granted any subleasesatisfied at the date of expiry of such notice then the notice shall be of no effect and this Lease shall continue as before, licence to occupy or tenancy at will provided that the Landlord may waive all or any other occupation interests whatsoever in relation of the said conditions by giving notice to the Premises Tenant at any time.
14.3 The ending of this Lease shall not affect either party’s rights in respect of any earlier breach of any provision of this Lease.
14.4 On the date on which this Lease ends pursuant to this clause, the Tenant shall hand over to the Landlord the original Lease and all other title deeds and documents relating to the Premises, and shall execute such documents as the Landlord shall reasonably require in order to cancel any entry or any part thereof title at the Land Registry.
14.5 Nothing in this paragraph shall have the effect of making time of the essence for the purposes of the review of rent under this Lease.
14.6 Five working days after the date on which this Lease ends pursuant to this paragraph 14 (the “Termination Date”), the Landlord shall continue (for the avoidance of doubt) repay to subsist the Tenant all rents, service charges, insurance contributions, VAT and other sums which the Tenant has previously paid to the Landlord to the extent such sums relate to the period after the Termination Date.
14.7 In the event that the Tenant does not exercise its right to determine the Lease under this paragraph 14 the rent first reserved shall be abated to a peppercorn for the period of 9 months commencing on and including the day 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
Appears in 1 contract
TENANT'S OPTION TO DETERMINE. 8.1 6.1 The Tenant can determine may end this Lease on 2021 (the Break Date Date) by giving at least six months' written notice expiring on that day provided that at the time of expiry of such notice:
6.1.1 there are no arrears of any rents reserved by or any other sums payable under this Lease; and
6.1.2 the Tenant has vacated the Premises and there are no continuing sub-leases or other occupations of the Premises;
6.1.3 the Tenant has paid to the Landlord not less than nine months’ prior written notice and provided that in cleared funds the Tenant complies with the conditions set out in clause 8.2 below sum of £79,422 (the “Break Conditions”exclusive of VAT).
8.2 6.2 [**]
6.3 The Break Conditions are that the Tenant shall:
(a) up until the Break Date have paid the yearly rent and Service Charge reserved by ending of 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 affect either party's rights or remedies of either party against the other in respect of any previous earlier breach of any provision of the covenants or conditions in this Lease.
8.4 The 6.4 On the date on which this Lease ends pursuant to this clause, the Tenant shall hand over to the Landlord the original Lease and all other title deeds and documents relating to the Premises, and shall execute such document as the Landlord shall reasonably require in order to cancel any entry or title at the Land Registry.
6.5 If this Lease terminates in accordance with this clause 6, then within 21 days after the Break Date the Landlord shall refund to the Tenant any yearly rent the proportion of the Rent, Insurance Rent and Service Charge and any VAT paid pursuant thereon for the period from and excluding the Break Date up to clause 8.2(a) and excluding the next date for payment of those sums which has been paid in advance by calculated on a daily basis PROVIDED THAT the Landlord shall be entitled (acting at all times properly and reasonably) to set off any sums due and outstanding from the Tenant in respect of to the Landlord pursuant to this Lease and relating to any period after the Break Date within 14 days of prior to 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
Appears in 1 contract
Samples: Lease Agreement (SmartKem, Inc.)