Common use of TERM AND USE Clause in Contracts

TERM AND USE. A. The Primary Term (herein so called) of this Lease shall begin on the date (the "Commencement Date") July 1, 1997 and shall expire on June 30, 2007. For purposes of this Lease, a "Lease Month" shall be defined as those successive calendar month periods beginning with the Commencement Date and continuing through the Primary Term or any Renewal Term of this Lease; provided, however, if the Commencement Date is a day other than the first day of a calendar month, then the first Lease Month shall include that period of time from the Commencement Date up to the first day of the next calendar month, and each subsequent Lease Month shall be a calendar month period beginning on the first day of such month. The Primary Term and any Renewal Terms (hereinafter defined) are sometimes collectively referred to herein as the "Term." B. Provided Tenant is not in default of any material term, condition or covenant contained in this Lease and no event has occurred which with the notice or the passage of time would constitute a default under any material term, condition or covenant contained in this Lease at the time of exercise of an option to renew the Primary Term beyond any period for curing same, Tenant shall have the option of renewing this Lease for two (2) additional terms of five (5) years each (hereinafter, collectively referred to as "Renewal Terms," or individually as "Renewal Term"). Each Renewal Term will be on the same terms and conditions as provided herein except for the Base Rent which shall be as shown on "Exhibit D" attached hereto and made a part hereof. Notice of the exercise of such options shall be given by Tenant to Landlord in writing not later than one hundred and eighty days prior to expiration of the Primary Term or the previous Renewal Term. C. The Demised Premises may be used for the operation of an equipment rental business and any other lawful purpose provided that Landlord consents, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Industrial Lease (MST Enterprises Inc)

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TERM AND USE. A. The Primary Term of the Lease and the estate hereby granted (herein so calledcollectively the “Term of the Lease”) shall commence April 1, 2004 (hereinafter known as the “Commencement Date”) and shall end on March 31, 2009, unless earlier terminated as provided in the next sentence (hereinafter known as “End of Term”). In the event the Tenant elects to terminate this Lease by written notice to Landlord, the Term of the Lease shall begin on the date (the "Commencement Date") July 1, 1997 terminate and shall expire on June 30, 2007thereafter continue as a month-to-month Lease under the same terms and conditions provided for herein until the Landlord has signed a lease for the Premises with a new tenant. For purposes of this Lease, The Landlord shall use diligent efforts to secure a "Lease Month" new tenant. Rent and Common Area Charges shall be defined continue as those successive calendar month periods beginning scheduled herein until the Landlord has signed a lease with a new tenant. Landlord shall grant Tenant access to the Commencement Date and continuing through the Primary Term or any Renewal Term Premises upon execution of this Lease; provided, howeverTenant does not unreasonably interfere with Landlord’s current business. Landlord agrees to cooperate with Tenant in Tenant obtaining all permits, if approvals and the like necessary to use the Premises as intended herein. Landlord shall deliver the possession of the Premises to Tenant on the Commencement Date free of all other tenants and parties in possession. Landlord shall pay Tenant $100,000.00 per day (the “Late Penalty”) for each day that Landlord is a day other than unable to deliver the first day Premises to Tenant within ninety (90) days of a calendar monththe date of this Lease Agreement. If the Premises are not delivered to Tenant by May 30, then 2004, Tenant shall be permitted to cancel the first Lease Month and Landlord shall include that period of time indemnify Tenant for all costs and expenses incurred by Tenant in accordance with this Lease, including Tenant’s attorney’s fees and the Late Penalty, from the Commencement Date up to the first day of the next calendar month, and each subsequent Lease Month through Tenant’s Termination Date. The Premises shall be a calendar month period beginning on used by the first day of such month. The Primary Term Tenant for office and any Renewal Terms (hereinafter defined) are sometimes collectively referred to herein as the "Termlab use." B. Provided Tenant is not in default of any material term, condition or covenant contained in this Lease and no event has occurred which with the notice or the passage of time would constitute a default under any material term, condition or covenant contained in this Lease at the time of exercise of an option to renew the Primary Term beyond any period for curing same, Tenant shall have the option of renewing this Lease for two (2) additional terms of five (5) years each (hereinafter, collectively referred to as "Renewal Terms," or individually as "Renewal Term"). Each Renewal Term will be on the same terms and conditions as provided herein except for the Base Rent which shall be as shown on "Exhibit D" attached hereto and made a part hereof. Notice of the exercise of such options shall be given by Tenant to Landlord in writing not later than one hundred and eighty days prior to expiration of the Primary Term or the previous Renewal Term. C. The Demised Premises may be used for the operation of an equipment rental business and any other lawful purpose provided that Landlord consents, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Lease Agreement (Curagen Corp)

TERM AND USE. A. The Primary Term (herein so called) of this Lease shall begin on the date (the "Commencement Date") July 1, 1997 and shall expire on June 30, 20072002. For purposes of this Lease, a "Lease Month" shall be defined as those successive calendar month periods beginning with the Commencement Date and continuing through the Primary Term or any Renewal Term of this Lease; provided, however, if the Commencement Date is a day other than the first day of a calendar month, then the first Lease Month shall include that period of time from the Commencement Date up to the first day of the next calendar month, and each subsequent Lease Month shall be a calendar month period beginning on the first day of such month. The Primary Term and any Renewal Terms (hereinafter defined) are sometimes collectively referred to herein as the "Term." B. Provided Tenant is not in default of any material term, condition or covenant contained in this Lease and no event has occurred which with the notice or the passage of time would constitute a default under any material term, condition or covenant contained in this Lease at the time of exercise of an option to renew the Primary Term beyond any period for curing same, Tenant shall have the option of renewing this Lease for two (2) additional terms of five (5) years each (hereinafter, collectively referred to as "Renewal Terms," or individually as "Renewal Term"). Each Renewal Term will be on the same terms and conditions as provided herein except for the Base Rent which shall be as shown on "Exhibit D" attached hereto and made a part hereof. Notice of the exercise of such options shall be given by Tenant to Landlord in writing not later than one hundred and eighty days prior to expiration of the Primary Term or the previous Renewal Term. C. The Demised Premises may be used for the operation of an equipment rental business and any other lawful purpose provided that Landlord consents, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Industrial Lease (MST Enterprises Inc)

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TERM AND USE. A. The Primary Term (herein so called) of this Lease shall begin on the date (the "Commencement Date") July December 1, 1997 and shall expire on June 30November 11, 2007. For purposes of this Lease, a "Lease Month" shall be defined as those successive calendar month periods beginning with the Commencement Date and continuing through the Primary Term or any Renewal Term of this Lease; provided, however, if the Commencement Date is a day other than the first day of a calendar month, then the first Lease Month shall include that period of time from the Commencement Date up to the first day of the next calendar month, and each subsequent Lease Month shall be a calendar month period beginning on the first day of such month. The Primary Term and any Renewal Terms (hereinafter defined) are sometimes collectively referred to herein as the "Term." B. Provided Tenant is not in default of any material term, condition or covenant contained in this Lease and no event has occurred which with the notice or the passage of time would constitute a default under any material term, condition or covenant contained in this Lease at the time of exercise of an option to renew the Primary Term beyond any period for curing same, Tenant shall have the option of renewing this Lease for two (2) additional terms of five (5) years each (hereinafter, collectively referred to as "Renewal Terms," or individually as "Renewal Term"). Each Renewal Term will be on the same terms and conditions as provided herein except for the Base Rent which shall be as shown on "Exhibit D" attached hereto and made a part hereof. Notice of the exercise of such options shall be given by Tenant to Landlord in writing not later than one hundred and eighty days prior to expiration of the Primary Term or the previous Renewal Term. C. The Demised Premises may be used for the operation of an equipment rental business and any other lawful purpose provided that Landlord consents, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 1 contract

Samples: Industrial Lease (MST Enterprises Inc)

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