TERM OF LEASE. 3.1 Except as expressly provided below, the term of this Lease shall be for a period of twelve (12) years and nineteen (19) days commencing on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for herein. 3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term. 3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”. 3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 2 contracts
Samples: Master Lease (Assisted 4 Living, Inc.), Master Lease (Assisted 4 Living, Inc.)
TERM OF LEASE. 3.1 Except as expressly provided below, 5.1. The Lessee shall lease the term of this Lease shall be Leased Premises for a period of twelve 120 months (1210 years) years as of December 15, 2017 and nineteen (19) days commencing on the date hereof (the “Commencement Date”), and shall expire on May 31until December 14, 2027 (the “Initial Term”"First Term of Lease"), unless terminated earlier as provided for herein.
3.2 5.2. The Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for by an extended additional term of 60 months (the “First Extended 5 years) (hereinafter: "Option Term”") of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following immediately after the expiration of the First Extended TermTerm of Lease. The options granted pursuant right of the Lessee to Sections 3.2 extend the Term of Lease is conditional on the fulfillment of all of the following conditions cumulatively:
5.2.1. The Lessee delivered a prior and 3.3 may be exercised only if Lessee is not in default under this Lease written notice, at the time of exercise and at the time of least 180 days prior to expiration of the First Extended Termrelevant Term of Lease, and, further, only if there is regarding its wish to extend the lease and realize the option.
5.2.2. The Lessee did not at either time an event or occurrence which with commit a fundamental breach of this Agreement and the passage said breach was not cured in 14 days as of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration receiving a written notice detailing the breach.
5.2.3. The Lessee does not owe any debts and/or outstanding current payments to the Lessor (except for circumstances in which the Lessee is conducting a proceeding against any authority with respect to the amount of the First Extended Termdebts and that, according to its contention, is a disputed debt) and no proceedings are held in court between the parties.
5.2.4. The Initial Lessee actually delivered to the Lessor postdated checks for the Option Term.
5.3. In the event conditions set forth above with respect to the extension of the Term of Lease are met, as it may the lease shall be extended by the agreed term, and the entire terms set forth in this Agreement including Appendixes thereof shall apply thereto, mutatis mutandis, and subject to the change of the basic Rent as stated hereunder. The First Extended Term andof Lease and the Option Terms, as it may to the extent realized, shall be extended by referred hereinafter collectively: "Term of Lease."
5.4. The Lessee undertakes to vacate the Second Extended TermLeased Premises upon expiration of the Term of Lease, is hereinafter collectively known as in accordance with the “Term”provisions set forth in Section 12 hereunder.
3.4 5.5. Notwithstanding the said, it is agreed that after expiration of a five (5) years of lease, the Lessee shall be entitled to terminate this Agreement early upon delivery of a 180 days' prior and written notice. It is anticipated further clarified that the closing Lessee shall be entitled to deliver advance termination notice after 4.5 years of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1lease, 2015. Lessee hereby agrees in such manner that the obligations Lease Agreement shall be terminated immediately after expiration of 5 years of lease.
5.5.1. In the event the lease contemplated in this Lease Agreement was terminated earlier in accordance with respect to the Crete Plus Five Leased Propertyprovisions set forth in this Section, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay a one-time, final, exhaustive and ground compensation as follows: Early termination date (after a Term of Lease of X years) Compensation for early termination (payment of the Rent in respect of Y years of lease)
5.5.2. The Lessor shall not raise any Closing Costs incurred by Lessor not recovered by Lessor from claim and/or demand and/or suit of any kind against the seller under Lessee as a result of the Purchase Agreementearly termination of this Agreement in accordance with the provisions set forth in this Section.
Appears in 2 contracts
Samples: Lease Agreement (Gamida Cell Ltd.), Lease Agreement (Gamida Cell Ltd.)
TERM OF LEASE. 3.1 Except A. Lessor leases the above Premises for a single term of three (3) years, commencing July 1, 2015, and terminating June 30, 2018 or sooner as expressly provided belowherein. This Lease is not valid and shall not become effective until it is signed by an authorized representative of the Lessor and an authorized representative of the Tenant, has been approved and signed by an authorized representative of the term Department of Administration and Information, approved as to form by the Office of the Wyoming Attorney General, and, if required by Wyo. Stat. § 9-2-1016(b)(iv)(D), approved by the Governor or his designee. The effective date of this Lease shall be for a period the date of twelve (12) years the last signature, and nineteen (19) days commencing the Lease shall commence on the date hereof of the last signature or on the date specified in the Term of Lease provision, whichever is later.
B. Tenant shall have an unrestricted option to extend this Lease This Lease may be extended under the same terms and conditions set forth herein by mutual written agreement of the parties to this Lease for two (2), three (3) month terms with three (3) months prior written notice.
C. In the “Commencement Date”)event Tenant needs to continue to use the Premises past the Term set forth herein, Xxxxxx agrees to extend this Lease for one (1) additional year beyond the terms noted above upon the same terms and conditions set forth herein. In the event Tenant needs to continue to use the Premises past the one year extended term, Xxxxxx agrees to extend this Lease for another additional year with an increase in base rent of 3%.
D. Subject to progress of Tenant Improvements noted in paragraph 6, below, and to the needs of Tenant, Tenant shall have the ability to occupy portions of the leased premises in advance of the commencement date of this lease. In the event of early occupancy for these purposes, all provisions of this lease shall apply as if the formal term of the lease had commenced except that identification of the early occupancy portions of the premises and their respective square footages shall be added to this lease by amendment and an early occupancy monthly rental payment shall be calculated based upon the annual rate of $16.00 per square foot.
E. From the date of final execution of this lease, Xxxxxx is granted to right to "opt- out" of, and terminate the lease. If this right is exercised, Tenant shall pay for all Tenant Improvements performed through the date of notice of the "opt-out", and shall expire on May 31, 2027 (pay for the “Initial Term”), unless terminated earlier as provided for hereincost of any construction or design services which are necessary to bring Tenant Improvements to an end.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Real Property Lease Agreement
TERM OF LEASE. 3.1 Except as expressly provided below, 6.1. It is hereby agreed that the term Term of this Lease shall be for a period of twelve 60 months as of Nov. 10, 2016 and until Nov. 9, 2021 (12) years and nineteen (19) days commencing on the date hereof (the “Commencement Date”hereinafter: "Term of Lease"), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for herein.
3.2 6.2. On the condition that the Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to complies with all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount terms set forth in Section 4.1. The first the Lease Year Agreement during the Term of Lease the First Extended Term shall commence upon Lessee is granted the day next following option to lease the Leased Premises for an additional period of 60 months as of Nov. 10, 2021 and until Nov. 9, 2026 (hereinafter: "Option Term") and provided that the Lessee delivered a written notice 6 months prior to expiration of the Initial Term of Lease regarding its wish to exercise the Option Term. The option granted pursuant In case the Lessee exercised the Option Term as stated in the said notice, the provisions set forth in the Lease Agreement shall apply to this Section 3.2 may the Option Term, mutatis mutandis. For the avoidance of doubt, during the Option Term the Rent shall be exercised only if in the amount of NIS 66,950 (in addition to linkage differentials as specified hereunder).
6.3. Notwithstanding the aforesaid, it is hereby agreed that the Lessee is not in default under this shall be entitled to terminate the Lease Agreement upon the occurrence of each of the following events:
6.3.1. Full or partial termination of the Term of Lease at the any time of exercise and at the time of after expiration of the Initial period of the first three years, in case the Lessee finds a substitute lessee who will step in and take over the Lessee to the satisfaction of the Lessor.
6.3.2. During the Option Term, andif exercised, furtherthe Lessee shall be entitled to terminate the Lease Agreement at any time upon delivery of a 12 months' prior and written notice.
6.4. Notwithstanding the aforesaid, only if there it is agreed that in circumstances in which the Term of Lease expires and the Lessee did not at either time an event exercise the Option or occurrence in circumstances in which the Lessee acted in accordance with the passage of time or giving of noticeprovisions set forth in section 6.03, or both, would constitute a default hereunder, and said option the Lessee shall be exercised by Lessee giving entitled to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to continue and lease the date of testing facility building separately as marked in the blueprint, Appendix A until expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted Option Term as stated in section 6.02 above. In circumstances in which the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be Leased Premises expires and/or in circumstances in which the amount Lessee acts in the manner set forth in Section 4.1. The first Lease Year section 6.03 and vacates the Leased Premises, except for the testing facility, Rent in respect of testing facility shall be in the amount of NIS 5,000 (five thousand new Israeli shekels) in addition to VAT per month, and the other provisions set forth in this Agreement shall continue to apply to the lease of the Second Extended Term shall commence upon testing facility, mutatis mutandis. For the day next following avoidance of doubt, all adjustments that are required for the expiration purpose of separating the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at testing facility from the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option Leased Premises shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended incurred by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”Lessee.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
TERM OF LEASE. 3.1 Except as expressly provided below, the The term of this Lease (the "Term") shall be for a period of twelve (12) years commence on the Effective Date, and nineteen (19) days commencing shall end on the date hereof that is fifty (50) years after the “Rent Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), ; unless sooner terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term . The Rent Commencement Date shall be the amount earlier of (i) the date that the Card Club or Hotel open for business or (ii) the date that is two (2) years after the Effective Date. Notwithstanding the foregoing, if the rehabilitation of the Hotel and Entertainment Center has not been completed by the date set forth in the Schedule of Performance, then the Agency shall have the right to terminate this Lease upon giving Redeveloper thirty (30) days written notice, and all rights of Redeveloper hereunder or in the Property (including the Initial Improvements (as defined below)) shall thereupon cease and shall be of no further force or effect,provided however, that within such thirty (30) day notice period, Redeveloper shall have the right to exercise its option to purchase the Property, as provided in Section 4.130 hereof. The first Lease Year If the Card Club has not opened for business within 5 years after the Effective Date, or if the Redeveloper has not purchased the Property by the date that is 5 years after the Effective Date, then the Agency shall have the right to bring forth a substitute developer or operator for the Card Club, and in such event the Redeveloper shall negotiate in good faith with such party for either an operating agreement or a buy-out, on reasonable and fair terms, of the First Extended Term Redeveloper's interest in this DDA. For the purposes hereof, a "Lease Year" shall commence upon be the period commencing on the Rent Commencement Date or any anniversary thereof and ending on the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration next anniversary of the Initial TermRent Commencement Date.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Disposition and Development Agreement (Pinnacle Entertainment Inc)
TERM OF LEASE. 3.1 Except as expressly provided below, the term of this 2.1 The Lease shall be commence on the Effective Date and will remain in full force and effect for a period of twelve (12) years and nineteen (19) days commencing on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) years, until November 30, 2016, when the Lease Years upon Agreement is expired (the “Lease Term”).
2.2 After the Lease Term, provided that no Event of Default (as defined in Article 14.2) has occurred and is then uncured accordingly, the Lessee shall have the right to extend the Lease Term for up to three (3) additional two (2) year periods (each, an “Option Term”) by delivering to the Lessor written notice not less than ninety (90) days prior to the end of the Lease Term, expressing its intent to renew the Lease. The Lease and the extended Lease shall be hereinafter referred to collectively as the “Lease.”
2.3 After expiration of the foregoing Option Term (the “Extended Lease Term”), the Lease shall be automatically terminated without any notice or consent by either Party or both Parties, and the Parties, if desired, shall enter into a written agreement for the subsequent use or lease of the Leased Premise and Leased Facilities. Any utility, possession, occupancy or management of the Leased Premise or Leased Facilities after the Extended Lease Term shall be deemed as unauthorized use and shall in no event apply to the Article 451 of the Civil Law of Taiwan, R.O.C., whether the Lessor expresses its objection or not.
2.4 The Lease during the Extended Lease Term shall be subject to all the terms, provisions terms and conditions hereofof this Agreement, except that Base Rent, as hereinafter defined, payable with respect to each the rental rate during the Extended Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence agreed upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition commencing Rental of the Crete Plus Five Leased Property or Extended Lease Term shall increase by fifteen (15) percent, and thereafter the results of its due diligence investigations or otherwise, Lessee rental rate shall pay any Closing Costs incurred reflect the increase by Lessor not recovered by Lessor from fifteen (15) percent every two years during the seller under the Purchase AgreementExtended Lease Term.
Appears in 1 contract
Samples: Lease Agreement (SemiLEDs Corp)
TERM OF LEASE. 3.1 Except as expressly provided below, the The term of this Lease shall be for a period of twelve (12) years and nineteen (19) days commencing on the date hereof Commencement Date (the “Commencement Date”hereinafter defined), and shall expire on May December 31, 2027 1997 (the “"Initial Term”)") unless extended or sooner terminated as hereinafter provided. The date on which this Lease becomes effective, unless terminated earlier as provided for hereinset forth in Section 32.2 hereof, shall be the "Commencement Date" of the term of this Lease. The parties shall enter into a memorandum setting forth the Commencement Date within five (5) days of the actual Commencement Date.
3.2 Lessee shall have and is hereby granted the right and to extend the lease term for two (2) consecutive periods of five (5) years each (the "Extended Terms"). Lessee shall exercise its option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject by written notice to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect Lessor given at least 180 days prior to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, andor the first Extended Term, furtheras applicable. Notwithstanding the foregoing Lessee may exercise the foregoing option only if, only if there is not at either time an event or occurrence which with that time, it also exercises the passage of time or giving of noticeoption to extend contained in the Coronado Lease (hereinafter defined in Section 19.1(1)), or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior subject to the date of expiration of the Initial Termterms contained herein and therein.
3.3 Lessee shall not have and is hereby granted the right and option to extend the First Initial Term or any Extended Term if an Event of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term Default shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease exist hereunder at the time of exercise and said notice is given or at the time the renewal term commences. Any such renewal shall be on the same terms and conditions as set forth herein. Lessee does hereby acknowledge that in the event it fails to give the notice of expiration renewal within the time periods specified herein, the Lease shall terminate at the end of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”then applicable term.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor The Initial Term and the rights of Lessee Extended Terms are hereinafter sometimes collectively referred to lease as the Crete Plus Five Leased Property pursuant to this "Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase AgreementTerm".
Appears in 1 contract
Samples: Lease Agreement (LTC Healthcare Inc)
TERM OF LEASE. 3.1 Except as expressly provided below, the Section 2.01. The term of this Lease shall be for a period commence on the date hereof, and shall expire, unless sooner terminated as hereinafter provided, on the date that is the ten (10) year and three (3) month anniversary of twelve (12) years and nineteen (19) days commencing on the date hereof (hereinafter called the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Original Term”), unless terminated earlier . Provided that the Tenant is not in default hereunder as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under Original Term or the renewal term, as applicable, this Lease at the time of exercise and at the time of shall automatically be renewed for three (3) successive five (5) year terms upon expiration of the Initial TermOriginal Term or the renewal term, andas applicable, furtheron the same terms and conditions contained herein, only if there is provided that Tenant may elect not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised to renew by Lessee giving to Lessor providing Landlord sixty (60) days’ prior written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at Original Term or renewal term (the time of exercise and at the time of expiration of the First Extended Original Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Termincluding all applicable extensions, is hereinafter collectively known referred to herein as the “Term”.
3.4 It ). Each year during the Term is anticipated that herein called a “Lease Year”, with the closing of first Lease Year commencing on the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015date hereof. Lessee hereby agrees that the obligations The term of this Lease with respect shall automatically terminate upon the sale, disposition or exchange of the Property including, without limitation, an exchange roll-up transaction pursuant to Section 721 of the Crete Plus Five Leased PropertyInternal Revenue Code of 1986, as amended (the “Code”). For the avoidance of doubt, for so long as any obligation remains outstanding under any of the Loan Documents (as hereinafter defined), the obligations Term of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with automatically extend beyond the applicable Lessor’s acquisition Original Term or review term, as applicable, and shall continue in full force and effect thereafter until all such obligations have been fully performed and satisfied.
Section 2.02. This Lease constitutes the absolute and unconditional obligation of Tenant. Tenant waives all rights which are not expressly stated in this Lease but which may now or otherwise be conferred by law (i) to quit, terminate or surrender this Lease or the Crete Plus Five Leased PropertyDemised Premises, but each (ii) to any setoff, counterclaim, recoupment, abatement, suspension, deferment, diminution, deduction, reduction or defense of Lessor and Lessee acknowledge and agree thator to “Monthly Rent” (as defined below) or any other sums payable under this Lease, except as otherwise expressly provided in this Lease, and (iii) for any statutory lien or offset right against Landlord or its property. Notwithstanding Section 3.42.02(i) above, such obligations are subject to and conditioned upon if a person not affiliated with the purchase Tenant is the Signatory Trustee (or otherwise in control) of the Crete Plus Five Leased Property by Landlord, Tenant shall have the applicable Lessor. In no event shall the provisions of right to terminate this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that of a default by the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase AgreementLandlord hereunder.
Appears in 1 contract
Samples: Master Lease (Versity Invest, LLC)
TERM OF LEASE. 3.1 Except as expressly provided belowa. The Premises are hereby leased to Tenant, subject to all of the terms and conditions contained in this Lease, for a term of this Lease shall be for a period of twelve five (125) years and nineteen (19the “Term”) days commencing that will commence on the date hereof January 1, 2016 (the “Commencement Date”), and shall expire on May December 31, 2027 (the “Initial Term”)2020, unless terminated earlier as provided for hereinin accordance with the terms and conditions of this Lease.
3.2 Lessee b. For the purpose of this Lease, the term “Lease Year” refers to the period beginning on January 1 and ending on December 31 of each year of the Term or any extension thereof.
c. Provided that the Tenant is not then in default in the performance of any of the terms and conditions of this Lease, the Tenant shall have and is hereby granted the right and option to extend renew this Lease for one additional term of five (5) years commencing on the Initial Term expiration of the initial Term. In order to exercise this option to renew, the Tenant shall give the Landlord written notice of such exercise no later than six (6) months prior to the expiration of the initial Term. In the event that the Tenant exercises this option to renew, the renewal shall be on the same terms and conditions as are applicable during the initial Term, provided, however, that (i) the Rent for the renewal term shall be One Dollar ($ 1.00) per annum and (ii) this option to renew shall not be included in the terms of this Lease for an extended term (any renewal or extension term.
d. If the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except Tenant determines at any time that Base Rent, as hereinafter defined, payable with respect to each Lease Year use of the First Extended Term Premises as a municipal dog park is no longer feasible or desirable, then the Tenant may terminate this Lease by written notice to the Landlord stating the effective date of termination, which shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four thirty (2430) full calendar months prior to days after the date of expiration notice.
e. If the Tenant (i) does not commence operation of the Initial Term.
3.3 Lessee shall have and is hereby granted dog park within twelve (12) months after the right and option to extend Commencement Date or (ii) ceases operation of the First Extended Term dog park at any time for a period of six (6) months, the Landlord may terminate this Lease for an extended term (by written notice to the “Second Extended Term”) Tenant stating the effective date of ten (10) Lease Years upon and subject to all the termstermination, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term which shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four thirty (2430) full calendar months prior to days after the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”notice.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Ground Lease
TERM OF LEASE. 3.1 Except as expressly provided below, the term of this Lease shall be for a period of twelve ten (1210) years and nineteen (19) days commencing on January 1, 1997, (said date is hereafter referred to as the date hereof (the “"Commencement Date”"), and shall expire expiring on May December 31, 2027 2006, unless sooner terminated or extended as hereinafter provided (the “"Initial Term”"), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “"First Extended Term”") of ten five (105) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s 's election so to do not less than twenty-four twelve (2412) full calendar months prior to the date of expiration of the Initial Term.
3.3 Provided Lessee shall have exercised the option contained in Section 3.2 above, Lessee shall and Lessee is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term additional Extended Term (the “"Second Extended Term”") of ten five (105) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.14.1 hereof. The first Lease Year of the Second Extended Term shall commence upon on the day next following the expiration of the First Extended Term. The options option granted pursuant to Sections 3.2 and this Section 3.3 may be exercised only if Lessee is not in default under this the Lease at the time of exercise and at the time of the expiration of the First Extended Term, and, further, only if there is not at either time then an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s 's election so to do not less than twenty-four twelve (2412) full calendar months prior to the date of expiration of the First Extended Term. Notwithstanding the foregoing, Lessor acknowledges and agrees that the Rent for the First Extended Term and the Second Extended Term may not be known by Lessor at the time that Lessee is required to exercise its respective renewal options. Accordingly, in the event Lessor has not advised Lessee of the First Extended Term Rent at least thirteen (13) months prior to the date of the expiration of the Initial Term or the Second Extended Term Rent at least thirteen (13) months prior to the expiration of the First Extended Term, Lessee shall have the right to exercise the renewal right provided for herein subject to the right to rescind the same on written notice to Lessor delivered within thirty (30) days after Lessor advises Lessee in writing as to the First Extended Term Rent or the Second Extended Term Rent, as the case may be (the "Rent Notice"), which Rent Notice shall be delivered by Lessor to Lessee as soon as practicable after the debt service for the First Extended Term or the Second Extended Term, as the case may be, has been determined but in no event less than one hundred and eighty (180) days prior to the commencement of the First Extended Term or the Second Extended Term, as the case may be. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by and the Second Extended Term, is hereinafter collectively known as the “"Term”.
3.4 It is anticipated that ". As used in this ARTICLE 3, the closing term default shall mean an "Event of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations Default" as defined in ARTICLE 19 of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase AgreementLease.
Appears in 1 contract
TERM OF LEASE. 3.1 Except as expressly provided below, the The term of this Lease (the "Term") shall be for a period of twelve (12) years commence ------------- on the Effective Date, and nineteen (19) days commencing shall end on the date hereof that is fifty (50) years after the “Rent Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), ; unless sooner terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term . The Rent Commencement Date shall be the amount earlier of (i) the date that the Card Club or Hotel open for business or (ii) the date that is two (2) years after the Effective Date. Notwithstanding the foregoing, if the rehabilitation of the Hotel and Entertainment Center has not been completed by the date set forth in the Schedule of Performance, then the Agency shall have the right to terminate this Lease upon giving Redeveloper thirty (30) days written notice, and all rights of Redeveloper hereunder or in the Property (including the Initial Improvements (as defined below)) shall thereupon cease and shall be of no further force or effect,provided however, that within such thirty (30) day notice period, Redeveloper shall have the right to exercise its option to purchase the Property, as provided in Section 4.130 hereof. The first Lease Year If the Card Club has not opened for business within 5 years after the Effective Date, or if the Redeveloper has not purchased the Property by the date that is 5 years after the Effective Date, then the Agency shall have the right to bring forth a substitute developer or operator for the Card Club, and in such event the Redeveloper shall negotiate in good faith with such party for either an operating agreement or a buy-out, on reasonable and fair terms, of the First Extended Term Redeveloper's interest in this DDA. For the purposes hereof, a "Lease Year" shall commence upon be the period commencing on the Rent Commencement Date or any anniversary thereof and ending on the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration next anniversary of the Initial TermRent Commencement Date.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
TERM OF LEASE. 3.1 Except as expressly provided below, the term (a) The Term of this Lease shall be for a period of twelve five (125) years and nineteen (19) days years, commencing on the date hereof later of September, 1, 2004 or five (5) business days following: Tenant's receipt from Landlord of a final and unconditional certificate of occupancy for the Original Space d (the “"Original Space Rent Commencement Date”") and ending on the fifth anniversary of the Original Space Rent Commencement Date (the "Term"), with payment of rent commencing on (i) with respect to the Original Space, subject to the provisions of Section 4(a)(iii) hereof, the Original Space Rent Commencement Date, and shall expire on May 31(ii) with respect to the Additional Space, 2027 subject to the provisions of Section 4(a)(iii) hereof, after the Additional Space is vacated by its existing tenant and five (5) business days following Tenant's receipt from Landlord of a final and unconditional certificate of occupancy for the Additional Space (the “Initial Term”"Additional Space Rent Commencement Date", and with the Original Space Rent Commencement Date, the "Commencement Date"). Notwithstanding the immediately preceding sentence, unless terminated earlier as provided for hereinLandlord and Tenant agree that the Additional Space Rent Commencement Date shall not occur before June 1, 2005 or after the one (1) year anniversary of the Original Space Rent Commencement Date.
3.2 Lessee (i) If the Original Space is not ready for occupancy in accordance with the provisions of Section 3(a) and Section 6(a) hereof on September 1, 2004 or the Additional Space is not ready for occupancy in accordance with the provisions of Section 3(a) and Section 6(a) hereof by the one (1) year anniversary of the Original Space Rent Commencement Date, Landlord shall have the greater of (x) an additional forty five (45) days or (y) such amount in excess of forty five (45) days as may be necessary under the circumstances to comply with any change orders in the Work required by Tenant under Section 6(a) hereof, in which to ready such designated portion of the Demised Premises for occupancy. If either designated portion of the Demised Premises is not ready for occupancy on the respective date set forth as such portion's Commencement Date (and with respect to the Additional Space, on or before the one (1) year anniversary of the Original Space Rent Commencement Date) and said delay is hereby granted proximately caused by any act or omission of Tenant or any of its employees, agents or contractors, including but not limited to, any change orders in the right and option Work required by Tenant and/or failure of Tenant to extend act reasonably promptly when any consent of approval may be requested by Landlord, Tenant's obligation to pay rent with respect to such portion shall commence nevertheless. Should Landlord fail to deliver the Initial Term of Original Space or Additional Space to Tenant as required by this Lease for an extended term any reason not caused by Tenant (including, without limitation, any reasons due to "Force Majeure" conditions) within the “First Extended Term”) of aforesaid period, Tenant may terminate this Lease, without liability, upon ten (10) Lease Years upon and subject days' notice, in which case Landlord shall immediately return to all Tenant any prepaid rent.
(c) At the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year expiration or termination of the First Extended Term of this Lease, whether by lapse of time or otherwise, Tenant shall be surrender the amount set forth Demised Premises in Section 4.1good condition, reasonable wear and tear, loss or damage by fire, casualties, the elements, or by causes beyond Tenant's reasonable control, and Landlord's maintenance, repair and replacement obligations, excepted. The first Lease Year of the First Extended Term shall commence upon the day next following At the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term Lease, Tenant shall remove from the Demised Premises all fixtures and furnishings belonging to Tenant (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in that Tenant shall have no obligation to remove or pay for the event that the applicable Lessor terminates the Purchase Agreement based on the condition removal of the Crete Plus Five Leased Property initial fit-up of the Demised Premises, or any subsequent alterations which Landlord has approved during the results Term), and the Demised Premises shall be left in broom-clean condition. Tenant shall repair, at its cost, any damage caused by removal of its due diligence investigations fixtures or otherwisefurnishings during or at the end of the Term. At the election of the Landlord, Lessee shall pay any Closing Costs incurred all partitions, ceilings, lighting appended to the Demised Premises and flooring or carpeting will become the property of the Landlord unless fixtures installed by Lessor not recovered by Lessor from the seller under the Purchase AgreementTenant.
Appears in 1 contract
TERM OF LEASE. 3.1 Except as expressly provided below, 7.1. The Lessor hereby leases to the term of this Lease shall be Lessee and the Lessee hereby leases from the Lessor the Leased Premises for a period of twelve 10 (12ten) years that shall take effect as of the date of signing this Agreement and that shall expire on (hereinafter: "Term of Lease").
7.2. The Lessor, by the Governmantal Committee within its meaning in the Government Resolution, or by anyone acting on its behalf, shall be entitled to extend the Term of Lease by two additional periods, the first of 10 (ten) years and nineteen the second 4 (19four) days commencing years and 11 (eleven) months that shall commence on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with Term of Lease and on the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date first day of expiration of the Initial Term.First Additional Term of Lease, respectively. For the avoidance of doubt, it is clarified, the Second Additional Term of Lease shall expire on (hereinafter respectively: "Two Additional Terms of Lease," "First Additional Term of Lease" and "Second Additional Term of Lease"). It is emphasized that the Steering Committee shall approve the extension of the Term of Lease and the First Term of Lease respectively provided that all of the following conditions have been met:
3.3 7.2.1. The Lessee shall have fulfilled fully and is hereby granted timely all its undertakings during the Term of Lease and/or the First Additional Term of Lease, as the case may be;
7.2.2. There are no proceedings between the parties including arbitration and/or any material differences of opinion at the time the Lessee delivers its notice in accordance with the provisions set forth in subsection 7.2.3 hereunder pertaining to the Term of Lease or the First Additional Term of Lease, as the case may be;
7.2.3. The Lessee delivered to the Lessor a written notice regarding its intention to exercise its right and option to extend the First Extended Term of this Lease for an extended term (by the “First Additional Term of Lease and the Second Extended Term”) Additional Term of ten (10) Lease Years upon until and subject no later than 12 months prior to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year expiration of the Second Extended Term shall be the amount set forth in Section 4.1. The first of Lease Year of the Second Extended Term shall commence upon the day next following or the expiration of the First Extended TermAdditional Term of Lease, as the case may be.
7.2.4. The options granted pursuant Lessee shall extend the bank guarantee, within its meaning in section 17.3 hereunder, in such manner that the guarantee shall be in effect up to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time 120 days as of expiration of the First Extended TermAdditional Term of Lease or the Second Additional Term of Lease, andas the case may be.
7.3. In the event the Term of Lease was extended as aforesaid, furtherthe entire provisions set forth in this Agreement shall apply, only if there is mutatis mutandis, also to the First Additional Term of Lease and/or the Second Additional Term of Lease, as the case may be.
7.4. The Lessee shall not at either time an event or occurrence which with be entitled to terminate the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months lease contemplated in this Agreement prior to the date of expiration of the First Extended TermTerm of Lease for any reason. The Initial Term, as it may be extended by In the First Extended Term and, as it may be extended by event the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing Lessee terminates its use of the purchase Leased Premises and/or vacates the Leased Premises prior to expiration of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1Term of Lease (and respectively, 2015. Lessee hereby agrees that prior to expiration of the obligations two additional terms of this Lease with respect lease, to the Crete Plus Five Leased Propertyextent that these were exercised), this shall not release the obligations of Lessee from fulfilling its undertakings in accordance with this Agreement, including its undertaking to pay to the Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition Rent until expiration of the Crete Plus Five Leased PropertyTerm of Lease, but each of Lessor its undertaking to implement the Lessee's Works and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject its undertaking to and conditioned upon protect the purchase integrity of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective Premises as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreementspecified hereunder.
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TERM OF LEASE. 3.1 Except as expressly provided below, 7.1. The Lessor hereby leases to the term of this Lease shall be Lessee and the Lessee hereby leases from the Lessor the Leased Premises for a period of twelve 10 (12ten) years that shall take effect as of the date of signing this Agreement and that shall expire on (hereinafter: "Term of Lease").
7.2. The Lessee is entitled to extend the Term of Lease by two additional periods, the first period shall last 10 (ten) years and nineteen the second 5 (19five) days commencing years that shall commence on the date hereof (first day after expiration of the “Commencement Date”)Term of Lease and on the first day after expiration of the First Additional Term of Lease, and respectively. For the avoidance of doubt the Second Term of Lease shall expire on May 31(hereinafter respectively: "Additional Terms of Lease," "First Additional Term of Lease," and "Second Additional Term of Lease"). The extension of the Term of Lease is conditional upon fulfillment of all of the following conditions cumulatively:
7.2.1. The Lessee fulfilled fully and timely all its undertakings during the Term of Lease and/or the First Additional Term of Lease, 2027 (as the “Initial Term”)case may be;
7.2.2. There are no proceedings between the parties including arbitration and/or any material differences of opinion at the time the Lessee delivers its notice in accordance with the provisions set forth in subsection 7.2.3 hereunder pertaining to the Term of Lease or the First Additional Term of Lease, unless terminated earlier as provided for herein.the case may be;
3.2 7.2.3. The Lessee shall have and is hereby granted delivered to the Lessor a written notice regarding its intention to exercise its right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of by the First Extended Additional Term shall be of Lease and the amount set forth in Section 4.1. The first Second Additional Term of Lease Year of the First Extended Term shall commence upon the day next following the until and no later than 12 months prior to expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following or the expiration of the First Extended TermAdditional Term of Lease, as the case may be.
7.2.4. The options granted pursuant Lessee shall extend the bank guarantee, within its meaning in section 18.3 hereunder, in such manner that the guarantee shall be in effect up to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time 120 days as of expiration of the First Extended TermAdditional Term of Lease or the Second Additional Term of Lease, andas the case may be.
7.3. In case the Term of Lease was extended as aforesaid, furtherthe entire provisions set forth in this Agreement shall apply, only if there is mutatis mutandis, also to the First Additional Term of Lease and/or the Second Additional Term of Lease, as the case may be.
7.4. The Lessee shall not at either time an event or occurrence which with be entitled to terminate the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months lease contemplated in this Agreement prior to the date of expiration of the First Extended TermTerm of Lease for any reason. The Initial Term, as it may be extended by In case the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing Lessee terminates its use of the purchase Leased Premises and/or vacates the Leased Premises prior to expiration of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1Term of Lease (and respectively, 2015. Lessee hereby agrees that prior to expiration of the obligations two additional terms of this Lease with respect lease, to the Crete Plus Five Leased Propertyextent that these were exercised), this shall not release the obligations of Lessee from fulfilling its undertakings in accordance with this Agreement, including its undertaking to pay to the Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition Rent until expiration of the Crete Plus Five Leased PropertyTerm of Lease, but each of Lessor its undertaking to implement the Lessee's Works and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject its undertaking to and conditioned upon protect the purchase integrity of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective Premises as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreementspecified hereunder.
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TERM OF LEASE. 3.1 Except The Lessor hereby leases to the Lessee, and Lessee hereby takes from the Lessor, a certain parcel of land in the park hereinafter referred to as expressly provided belowthe “Premises” being commonly known as numbered as: Street No: , Pocasset, Massachusetts Please note, the term definition of “Premises” does not include Lessee’s manufactured home; the terms “Premises” and “Lot” are used interchangeably in this Lease Agreement. The lease term is either one (1) to five (5) years (the “Term”) based on the selection by the Tenant: [please elect 1-5 years or tenant-at-will for the term]: [ ] one year; [ ] two years; [ ] three years; [ ] four years; [ ] five years, or [ ] tenant at will Notwithstanding anything herein to the contrary, the anniversary date (regardless when this lease is signed) shall be for a period of twelve (12) years April 1st, and nineteen (19) days commencing all amounts shall be prorated as necessary to conform with such anniversary date. The term, depending on the date hereof terms chosen above, shall commence on April 1, 2019, (the “Commencement Date”), ) and shall expire terminate on May 31the last day of March, 2027 2019, ‘20, ‘21, ‘22, or ‘23 depending on the term chosen (the “Initial Term”), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended TermTermination Date”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessee sells Lessee’s manufactured home during the term of this lease, the purchaser (if approved by the Lessor terminates as hereinafter provided) will assume the Purchase Agreement based on the condition remaining terms of the Crete Plus Five Leased Property lease. However, this lease will be assumable ONLY if the Lessee is currently in compliance with the terms and provisions of this lease and this provision is subject to Operator’s right of first refusal. Without waiving any rights Lessor or the results of its due diligence investigations or otherwiseLessee may have, Lessee shall pay any Closing Costs incurred by be a tenant from month to month if Lessee continues in possession after the end of this Agreement. As a month to month tenant, Lessee’s rent shall be such amount as Lessor not recovered by Lessor from the seller under the Purchase Agreementmay lawfully establish, and Lessee shall be subject to all provisions of this Agreement which may be applicable and consistent with a month to month tenancy.
Appears in 1 contract
Samples: Occupancy Agreement
TERM OF LEASE. 3.1 Except as expressly provided below, the The term of this Lease Agreement shall be for a period of twelve Ten (1210) years and nineteen from . However, at Tenant’s election, Tenant may amend this Master Lease to release herefrom any rentable area included within a new lease executed during the term hereof so long as: (19i) days commencing on the date hereof Leased Premises have been leased to bona fide lessees other than Tenant (the “Commencement DateThird Party Lessees”) (ii) such Third Party Lessees have begun paying full Base Rent (as hereinafter defined) without any credits, concessions, allowances or periods of free rent (the “Third Party Lease Commencement”); and (iii) the Base Rent is equal to or exceeds $12.00 per square foot with three percent (3%) increases annually. It is understood and agreed by the parties hereto that no potential lessee shall become a Third Party Lessee until Landlord has approved such lessee, such consent not to be unreasonably withheld, conditioned or delayed (the “Approved Lessees”). For purposes hereof, “Base Rent” shall be the fixed minimum annual rent provided in leases with Third Party Lessees, exclusive of contributions for real estate taxes (see Paragraph 10 below), insurance (see Paragraph 11 below) common area maintenance (see Paragraph 8 below), and any percentage rent. If a portion of the Leased Premises is removed as aforesaid, this Lease Agreement shall expire on May 31remain in full force and effect for the remainder of the Leased Premises. In the event that all of the space leased hereunder becomes subject to new leases with Approved Lessees, 2027 this Lease Agreement shall automatically terminate. At any time after the thirty sixth (36th) month of the “Initial Term”)lease term, unless terminated earlier as provided Tenant may terminate this lease by paying to Landlord an amount equal to the present value of the aggregate rent for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term remaining term of this Lease for an extended term Agreement assuming a discount rate of three percent (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term3%).
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Kite Realty Group Trust)
TERM OF LEASE. 3.1 Except as expressly provided below, the initial term of this Lease shall be for a period of twelve (12) years and nineteen (19) days commencing on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”)) shall commence on the Commencement Date and shall expire on the last day prior to the fifteenth (15th) anniversary of the Commencement Date. Notwithstanding anything contained herein to the contrary, if the Commencement Date occurs on any day other than the first day of a calendar month, the Initial Term shall expire on the fifteenth (15th) anniversary of the last day of the calendar month in which the Commencement Date occurs, unless terminated earlier as provided for herein. Promptly following the occurrence of the Commencement Date, Landlord and Tenant shall jointly execute a Declaration of Commencement Date, substantially in form attached hereto as Exhibit “C”, setting forth the calendar date of the Commencement Date.
3.2 Lessee Tenant shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term of five (5) Lease Years (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee In the event that Tenant shall have exercised the option contained in Section 3.2 above, Tenant shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an additional extended term of five (5) Lease Years (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. .
3.4 The options granted pursuant to Sections 3.2 and 3.3 above may be exercised only if Lessee there is not in default no uncured Event of Default under this Lease at the time of exercise and at the time of the expiration of the Initial Term or the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option as applicable. Said options shall be exercised by Lessee Tenant giving to Lessor Landlord written notice of LesseeTenant’s election so to do so not less than twenty-four two hundred seventy (24270) full calendar months days prior to the date of expiration of the Initial Term or the First Extended Term. , as applicable.
3.5 The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by and the Second Extended Term, is hereinafter collectively known referred to as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
TERM OF LEASE. 3.1 Except The term of this Lease shall commence concurrently with or within sixty (60) days following the date the merger of Lessee and The New York, Chicago and St. Louis Railroad Company shall become effective or the date on which the approval and authorization by the Interstate Commerce Commission of the leasing of the demised property by Lessee shall become effective, whichever is later, the specific day of the commencement of such term to be fixed by Lessee upon five (5) days' prior written notice to Lessor, provided that there has been no breach of Lessor's covenants contained in subdivisions (a)(2), (a)(4), (a)(5), (c) and (d) of Section 8 and that there has not been any material adverse change (i) in Lessor's financial condition from that set forth in Lessor's General Balance Sheet as expressly provided belowof March 31, 1962, and related notes thereto, other than changes arising in the usual and ordinary course of business, or (ii) in the physical condition of the demised property as a result of fire, earthquake, explosion, flood, riot, acts of God or the public enemy, and that either on such date, or prior thereto, the following events shall have occurred,
(a) The stockholders of Lessor and Lessee shall have taken any action required by law to approve or consent to this Lease, and
(b) All authorizations required by law for the leasing of the demised property pursuant to the terms of this Lease shall have been obtained; provided, however, that the term of this Lease shall be for a period not commence and this Lease shall automatically terminate without liability of twelve either party to the other (121) years and nineteen (19) days commencing on in the date hereof (event the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term term of this Lease does not begin within four years from the date of this Lease, or (2) in the event the Interstate Commerce Commission shall impose any terms or conditions to its approval or authorization of this Lease and such terms or conditions are not approved by Lessor and Lessee by action of their boards of directors. Lessor agrees that it will cooperate with and assist Lessee in securing all approvals and authorization which may be necessary to be obtained, and Lessee agrees that it will diligently proceed and go forward with the necessary action to obtain such approvals or authorizations. The term of this Lease will continue for an extended term ninety-nine (the “First Extended Term”99) years unless sooner terminated by reason of ten default of Lessee. Lessee may renew this Lease for additional terms of ninety-nine (1099) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rentyears each, as hereinafter definedoften as Lessee may in its discretion desire, payable with respect to upon the same terms and provisions as are provided for the initial term of this Lease, provided, however, that notice of each Lease Year of the First Extended Term such renewal shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following given to Lessor not less than one year prior to the expiration of the Initial Term. The option granted pursuant to then current term of this Section 3.2 may Lease, and provided further that Lessee shall not be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option any such renewal term hereof shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Termcommence.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Lease Agreement (Power REIT)
TERM OF LEASE. 3.1 Except (A) The term of this Lease (the "term" or the "initial term") shall be five (5) years, commencing therefor as of June 1, 1996 and fully ending without notice at midnight on May 31, 20001 (unless sooner terminated pursuant to the provisions hereof).
(B) In consideration of the execution of this Lease by Landlord, the Tenant does hereby expressly provided below, waive and relinquish all rights to receive any and all statutory or other notices of the expiration of the term of this Lease Lease, and of the Tenant's obligation to quit and surrender possession of the demised premises at the aforesaid expiration date of the term hereof, and Tenant agrees to promptly surrender to Landlord possession of the demised premises on the expiration date state hereinabove. However, if Tenant shall fail to quit and vacate the demised premises at the expiration of the stated term of this Lease, and if Landlord shall not require the immediate surrender of possession of said premises on such date then and in such event any holding over of possession by Tenant shall be for deemed to create only a period of twelve (12) years and nineteen (19) days commencing tenancy from month to month, beginning therefor on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next immediately following the expiration of the Initial Term. The option granted pursuant term of this Lease, such monthly hold-over tenancy to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration upon all of the Initial Termsame terms and conditions contained herein, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option except that such hold-over tenancy shall be exercised a monthly tenancy terminable by Lessee either party upon giving to Lessor the other at least thirty (30) days prior written notice of Lessee’s election so to do not less than twentytermination (except that Tenant shall have no right to, and hereby waives, any such notice of termination if it is in default hereunder), and further excepting that the monthly rental payable during such hold-four (24) full calendar months prior to over tenancy shall be at twice the date of expiration monthly rate payable during the last month of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term initial term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”Lease.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
TERM OF LEASE. 3.1 Except 5.1. The Lessor hereby undertakes to lease the Leased Premises to the Lessee and the Lessee hereby undertakes to lease the Leased Premises from the Lessor for the period as expressly provided belowof January 1, 2018 and until October 30, 2022 (hereinafter: "Term of Lease") and in accordance with the provisions set forth in this Agreement.
5.2. The Lessee shall be entitled to request from the Lessor to realize the Option Term granted to the Lessor in accordance with the Primary Lease Agreement as of November 1, 2022 and until October 30, 2025 (hereinafter: "Option Term") by delivery of written notice to the Lessor at least 13 months prior to expiration of the Term of Lease regarding its wish to extend the Term of Lease in accordance with this Agreement for a period as of November 1, 2022 and until October 30, 2025 and in which the Lessee shall undertake irrevocably and unconditionally to lease the Leased Premises for the entire Option Term (hereinafter: "Exercise Notice"). The Lessor shall not be entitled to realize the Option Term granted to the Lessor in accordance with the Primary Lease Agreement however in the event the Lessor decides to realize the Option Term, at its sole discretion, following the delivery of the Exercise Notice, this Agreement in connection with the Leased Premises shall be extended for the Option Term. To the extent that the Lessor wishes to realize the Option Term prior to the last date of delivery of the Exercise Notice as aforesaid, the term Lessee shall be entitled to decide whether or not to extend the Term of Lease by the Option Term, by delivery of the Exercise Notice up to 13 months prior to expiration of the Term of Lease. In the event the Option was realized as aforesaid, the Lessee shall extend the effect of the bank guarantee as stated in Section 15 hereunder and in accordance with the Option Term.
5.3. In the event this Agreement is extended by the Option Term, the lease contemplated in this Agreement shall expire upon expiration of the Option Term and the Term of Lease shall be deemed to have been made in advance until expiration of the Option Term, and the entire provisions set forth in this Agreement shall continue to apply to the Option Term, mutatis mutandis (however no additional option shall be granted to the Lessee).
5.4. The duration of the Term of Lease and the Option Term (to the extent realized) are material for the purpose of this Agreement. The Lessee shall not be entitled to shorten the said terms without obtaining the prior and written consent of the Lessor. The Lessee shall be obligated to pay the full amount of the Rent, taxes and additional payments applicable to it in accordance with this Agreement even if it abandons the Leased Premises and/or vacates the Leased Premises prior to expiration of the Term of Lease or the Option Term, if realized. Notwithstanding the said, it is agreed that in the event the Lessor actually discontinues paying the Rent to the Owner in respect of the Leased Premises due to the fact that the Leased Premises was not usable and/or that the Leased Premises included defects that harmed the reasonable use of the Leased Premises, for any reason for which the Lessee is not responsible, and based on the written consent of the Owner (that is unrelated to the settling of accounts between the parties or to any other arrangement between the Lessor and the Owner), in such circumstances the Lessee shall be exempt from payment of the Rent accordingly in respect of the period in which the Lessor did not make payment as aforesaid. Nevertheless, it is agreed that the Lessor shall not be affected by the granting of such an exemption as aforesaid to the Lessee and in the event the Owner withdraws from its consent and/or demands any payments in respect of such a period as aforesaid, the said exemption granted to the Lessee shall be null and void and the Lessee shall be obligated to pay in full the payments the Lessor was required to return to the Owner as stated above. In addition, it is agreed that notwithstanding the aforesaid, the Lessee shall not be obligated to make the said payments in the event this Agreement was terminated as a result of twelve (12) years and nineteen (19) days commencing the termination of the Primary Lease Agreement following its breach by the Lessor and/or anyone acting on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for hereinits behalf.
3.2 Lessee shall have and 5.5. For the avoidance of doubt, it is hereby granted clarified that the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year 22 of the First Extended Term Hire and Loan Law 5731-1971 shall commence upon not apply to the day next following lease contemplated in this Agreement.
5.6. Notwithstanding the expiration said in this Agreement, in any event in which the Primary Lease Agreement is terminated, for any reason, the Lessor shall deliver written notice to the Lessee about the same and this Agreement shall be terminated on the same date and the Lessee shall raise no claims and/or suits against the Lessor (unless and to the extent that the termination of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Primary Lease at Agreement was demanded by the time Owner as a result of exercise and at the time of expiration breach of the Initial TermPrimary Lease Agreement by the Lessor only and not as a result of breach caused by the Lessee or anyone acting on its behalf, and, further, only if there is not at either time an event or occurrence which and in such circumstances the Lessee may seek any relief against the Lessor in accordance with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not this Agreement and/or in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which accordance with the passage of time or giving of notice, or both, would constitute a default hereunderprovisions set forth in any law, and said option the Lessor shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior responsible for all losses, damages and direct expenses caused to the Lessee in connection therewith, and the Lessee shall vacate the Leased Premises on the date of expiration of the First Extended Term. The Initial Term, as it may be extended Lessor was required to vacate the Leased Premises by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”Owner.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Sublease Agreement (MediWound Ltd.)
TERM OF LEASE. 3.1 Except as expressly provided below, the 1. The term of this Lease shall be for a period of twelve (12) years and nineteen (19) days commencing commence on the date hereof (the “"Commencement Date”), ") and shall expire end at 11:59 p.m. on May October 31, 2027 (the “Initial Term”), 2003 unless sooner terminated earlier as provided for hereinin accordance with this Lease or extended pursuant to Paragraph 2 below.
3.2 Lessee 2. Tenant shall have and is hereby granted the right and option to extend the Initial Term term of this Lease for an extended term two (2) additional and consecutive periods of five (5) years each, the “First Extended Term”) of ten (10) Lease Years first option commencing upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The initial term, and the second option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at commencing on the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said previous option. The first option shall be exercised only by Lessee Tenant giving to Lessor Landlord written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and thereof which is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the termsreceived by Landlord on or before February 1, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder2003, and said the second option shall be exercised only by Lessee Tenant giving to Lessor Landlord written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended thereof which is received by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur Landlord on or before July February 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property2008; provided, however, Tenant shall be entitled to exercise the options granted herein and the term of this Lease shall, in fact, be extended by reason of such exercise, only if this Lease is in full force and effect and Tenant is not in default hereunder beyond any applicable cure periods. Time shall be of the essence with respect to Tenant's notice(s) as aforesaid. Tenant's failure to exercise any option granted herein in accordance with this Article shall extinguish all subsequent options. In the event that the applicable Lessor terminates term of this Lease is in fact extended pursuant to the Purchase Agreement based on the condition foregoing, then any such extension shall be upon all of the Crete Plus Five Leased Property or same terms and provisions contained in this Lease except the results of its due diligence investigations or otherwisemonthly base rent shall be adjusted as set forth in Article III, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase AgreementParagraph 2 below.
Appears in 1 contract
Samples: Lease Agreement (Officeland Inc)
TERM OF LEASE. 3.1 Except as expressly provided below, the (a) The term of this Lease shall be for Thirty Nine (39) months, Plus One Twenty Four (24) Month Option, plus the period, if any, between the "commencement date" (as established by Paragraph 4(b) of this Lease) if it falls on a period day other than the first day of twelve (12) years a month and nineteen (19) days commencing on the date hereof (first day of the “Commencement Date”), and shall expire on May 31, 2027 (first full calendar month in the “Initial Term”), unless terminated earlier as provided for hereinoriginal term.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term (b) The "original term" of this Lease (hereinafter defined) and Tenant's obligation to pay rent and occupy the demised premises in accordance with the terms hereof shall commence on the earlier of the following dates (such earlier date being herein called the "Commencement Date"): (i) the date Tenant initially opens the demised premises for business or (2) the date which is forty-five (45) days after the Landlord or the Landlord's supervisory architect notifies Tenant in writing that the Landlord's Work (as defined in Paragraph 8(b)) specified in Exhibit "D" has been substantially completed and the demised premises are ready for the installation of Tenants fixtures, notwithstanding that insubstantial details of construction or mechanical adjustment remain to be performed, the noncompletion of which would not materially interfere with Tenant's use of the premises. Tenant's entry into the demised premises shall be deemed an extended term (the “First Extended Term”) of acknowledgment that Tenant has accepted Landlord's Work as being completed to Tenant's satisfaction. Within ten (10) Lease Years upon days after the date of such notice Tenant shall enter the demised premises and subject promptly install its trade fixtures and equipment and shall diligently pursue such installation to all timely completion and will open the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following demised premises for business not later than the expiration of such forty-five (45) day period referred to above.
(c) At any time after the Initial Term. The option granted pursuant commencement date of the term of the Lease the parties shall complete Paragraph 4(f) of this lease and/or shall execute and deliver to this Section 3.2 may be exercised only if Lessee is not in default under this Lease each other, at the time option of exercise and at the time of expiration of the Initial TermLandlord, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth instrument in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.recordable form or
Appears in 1 contract
Samples: Lease Agreement (Scan Graphics Inc)
TERM OF LEASE. 3.1 Except as expressly provided below, the initial term of this Lease (the “Initial Term”) shall be for a period of twelve (12) years and nineteen (19) days commencing commence on the date hereof April 1, 2015 (the “Commencement Date”), and shall expire on May March 31, 2027 (the “Initial Term”)2030, unless terminated earlier as provided for hereinherein or extended pursuant hereto.
3.2 Lessee Tenant hereby agrees that this Lease, the obligations of Landlord and the rights and obligations of Tenant to lease the Leased Property pursuant to this Lease are subject to and conditioned upon the purchase of the Leased Property by Landlord.
3.3 Tenant shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term of five (5) Lease Years (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, Rent payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.4 In the event that Tenant shall have exercised the option contained in Section 3.3 Lessee above, Tenant shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an additional extended term of five (5) Lease Years (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, Rent payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.14.1 hereof. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. .
3.5 The options granted pursuant to Sections 3.2 Section 3.3 and 3.3 Section 3.4 above may be exercised only if Lessee there is not in default no uncured Event of Default existing under this Lease at the time of exercise and at the time of the expiration of the Initial Term or the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option as applicable. Said options shall be exercised by Lessee Tenant giving to Lessor Landlord written notice of LesseeTenant’s election so to do not less than twenty-four nine (249) full calendar months prior to the date of expiration of the Initial Term or the First Extended Term. , as applicable.
3.6 The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by and the Second Extended Term, is hereinafter collectively known referred to as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
TERM OF LEASE. 3.1 Except as expressly provided below, the The initial term of this Lease the lease (approximately fifteen years) shall be for a period of twelve (12) years and nineteen (19) days commencing commence on the date hereof (the “Commencement Date”), Initial Lease Date and shall expire terminate on May December 31, 2027 (the “Initial Term”)2012, unless sooner terminated earlier as provided for hereinin this Agreement.
3.2 (a) At any time during the 180 day period immediately preceding December 31, 2012, Lessee shall have the right, if the lease has not theretofore been terminated and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not then in default with respect to any material obligation under this Lease at Agreement, to notify Lessor in writing that the time of exercise and at the time of expiration term of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option lease shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four extended for an additional five (245) full calendar months prior to years, until December 31, 2017, in which case the date of expiration term of the Initial Termlease shall be so extended.
3.3 (b) At any time during the 180 day period immediately preceding December 31, 2017, Lessee shall have the right, if the lease has not theretofore been terminated and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not then in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to any material obligation under this Agreement, to notify Lessor in writing that the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition term of the Crete Plus Five Leased Propertylease shall be extended for an additional five (5) years, but each of Lessor and Lessee acknowledge and agree thatuntil December 31, except as otherwise expressly provided 2022, in this Section 3.4, such obligations are subject to and conditioned upon which case the purchase term of the Crete Plus Five Leased Property by lease shall be so extended.
(c) At any time during the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided180 day period immediately preceding December 31, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise2022, Lessee shall pay have the right, if the lease has not theretofore been terminated and if Lessee is not then in default with respect to any Closing Costs incurred by material obligation under this Agreement, to notify Lessor in writing that the term of the lease shall be extended for an additional five (5) years, until December 31, 2027, in which case the term of the lease shall be so extended.
(d) At any time during the 180 day period immediately preceding December 31, 2027, Lessee shall have the right, if the lease has not recovered by theretofore been terminated and if Lessee is not then in default with respect to any material obligation under this Agreement, to notify Lessor from in writing that the seller term of the lease shall be extended for an additional five (5) years, until December 31, 2032, in which case the term of the lease shall be so.
(e) At any time during the 180 day period immediately preceding December 31, 2032, Lessee shall have the right, if the lease has not theretofore been terminated and if Lessee is not then in default with respect to any material obligation under this Agreement, to notify Lessor in writing that the Purchase Agreementterm of the lease shall be extended for an additional five (5) years, until December 31, 2037, in which case the term of the lease shall be so extended.
Appears in 1 contract
Samples: Real Property Lease Agreement With Option to Purchase (Lithia Motors Inc)
TERM OF LEASE. 3.1 Except A. Lessor leases the above Premises for a single term of three (3) years, commencing July 1, 2015, and terminating June 30, 2018 or sooner as expressly provided belowherein. This Lease is not valid and shall not become effective until it is signed by an authorized representative of the Lessor and an authorized representative of the Tenant, has been approved and signed by an authorized representative of the term Department of Administration and Information, approved as to form by the Office of the Wyoming Attorney General, and, if required by Wyo. Stat. § 9-2-1016(b)(iv)(D), approved by the Governor or his designee. The effective date of this Lease shall be for a period the date of twelve (12) years the last signature, and nineteen (19) days commencing the Lease shall commence on the date hereof of the last signature or on the date specified in the Term of Lease provision, whichever is later.
B. Tenant shall have an unrestricted option to extend this Lease This Lease may be extended under the same terms and conditions set forth herein by mutual written agreement of the parties to this Lease for two (2), three (3) month terms with three (3) months prior written notice.
C. In the “Commencement Date”)event Tenant needs to continue to use the Premises past the Term set forth herein, Lessor agrees to extend this Lease for one (1) additional year beyond the terms noted above upon the same terms and conditions set forth herein. In the event Tenant needs to continue to use the Premises past the one year extended term, Lessor agrees to extend this Lease for another additional year with an increase in base rent of 3%.
D. Subject to progress of Tenant Improvements noted in paragraph 6, below, and to the needs of Tenant, Tenant shall have the ability to occupy portions of the leased premises in advance of the commencement date of this lease. In the event of early occupancy for these purposes, all provisions of this lease shall apply as if the formal term of the lease had commenced except that identification of the early occupancy portions of the premises and their respective square footages shall be added to this lease by amendment and an early occupancy monthly rental payment shall be calculated based upon the annual rate of $16.00 per square foot.
E. From the date of final execution of this lease, Tenant is granted to right to "opt- out" of, and terminate the lease. If this right is exercised, Tenant shall pay for all Tenant Improvements performed through the date of notice of the "opt-out", and shall expire on May 31, 2027 (pay for the “Initial Term”), unless terminated earlier as provided for hereincost of any construction or design services which are necessary to bring Tenant Improvements to an end.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Real Property Lease Agreement
TERM OF LEASE. 3.1 Except as expressly provided below, the A. The term of this Lease lease shall be for a period of twelve five (125) years and nineteen as set forth in the Reference Page (19) days commencing on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (hereafter referred to as the “Initial Term”), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted ) upon the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon rentals and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1this Lease, and the Exhibits attached hereto. The first Commencement Date and the Termination Date are specifically subject to the provisions of Article 6 hereof.
B. Tenant shall, provided this Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is in full force and effect and Tenant is not in default Default under any of the other terms and conditions of this Lease at the time of notification, have the option to renew (“Renewal Option”) this Lease for two 5 year terms (“Renewal Terms”) on the same terms and conditions set forth in this Lease, except as modified by the terms, covenants and conditions as set forth below:
1. If Tenant elects to exercise the Renewal Options, then Tenant shall provide the City with written notice no earlier than a date which is one year prior to the Termination Date of the this Lease but no later than a date which is one hundred eighty (180) days prior to the Termination Date. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the Lease. The notice shall be given in the manner provided in this Lease for the giving of notices to the City.
2. The Renewal Options are not transferable and the parties acknowledge and agree that they intend that the aforesaid Renewal Options of this Lease shall be “personal” to Tenant as set forth above and that in no event will any assignee or sublessee have any rights to exercise the aforesaid options to renew.
3. If both Renewal Options provided for above are exercised, Tenant shall have no further right to extend the Term of the Lease.
4. If the Renewal Options are exercised, the parties will review and renegotiate Rent, CAM and other fees, such as waste removal, under the Renewal Term to better reflect taxes and actual costs and usage at the time of expiration of the Initial Term, and, further, only if there renewal is exercised. If the parties cannot at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the agree on these terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”no renewal will take effect.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that the applicable Lessor terminates the Purchase Agreement based on the condition of the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreement.
Appears in 1 contract
Samples: Restaurant Lease Agreement
TERM OF LEASE. 3.1 Except as expressly provided below6.01 The First Term of Lease hereunder is hereby set at 36 months, commencing upon September 1st, 1999, and ending on August 30th, 2002.
6.02 deleted
6.03 At the end of the First Term of Lease, the term Term of this Lease shall be for extended by 3 Additional Terms of Lease of 12 months each, unless the Lessee shall notify JTP, by an unqualified and unconditional written notice, which shall be received by JTP at least one hundred and twenty days prior to the termination of the First Term of Lease, or 90 days prior to the termination of each of the Additional Terms of Lease, as applicable, of the non-extension of the Lease, or unless JTP shall notify the Lessee, at least sixty days prior to the termination of the First Term of Lease or prior to the termination of each Additional Term of Lease, as applicable, that it refuses to extend the Term of Lease due to the failure to fulfill any of the following conditions:
6.03.1 During the First Term of Lease the Lessee has paid all of the payments payable by it hereunder, fully and in a period of twelve (12) years and nineteen (19) days commencing on the date hereof (the “Commencement Date”)timely fashion, and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for hereinhas fulfilled all of its other undertakings hereunder.
3.2 6.03.2 There are no legal or arbitration proceedings being conducted between the parties, including between the Services Company and the Lessee.
6.03.3 No later than 90 days prior to the commencement of the second Term of Lease the Lessee shall have extended the guaranties and is hereby granted securities hereunder and shall have submitted same to JTP, as well as submitted to JTP an affirmation of the right and option to extend extension of the Initial insurance policies provided for herein for the second Term of Lease . In the event that the First Term of Lease shall have been extended as aforesaid, this Lease for an extended term (Agreement shall be deemed to apply to the “First Extended Term”) Additional Terms of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base RentLease, as hereinafter defined, payable with respect to each well. To prevent doubt it is clarified that the Rental Fees for the additional Terms of Lease Year of the First Extended Term shall be the amount set forth determined in Section 4.1. The first Lease Year of the First Extended Term shall commence upon the day next following the expiration of the Initial Term. The option granted pursuant to this Section 3.2 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the Initial Term, and, further, only if there is not at either time an event or occurrence which accordance with the passage provisions of time or giving Section 6 of noticeExhibit D hereto.
6.04 Notwithstanding anything contained herein, or both, would constitute a default hereunder, and said option JTP shall be exercised by Lessee giving entitled to Lessor written notice terminate the Term of Lessee’s election so to do not less than twenty-four (24) full calendar months Lease prior to the date Term of expiration Lease Termination Date in the events detailed in Section 19 hereinbelow, as well as in any event of a petition being filed for the liquidation of the Initial Term.
3.3 Lessee shall have and is hereby granted Lessee, for the right and option to extend Lessee's being declared bankrupt, for the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with appointment in respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year Lessee of the Second Extended Term shall commence upon the day next following the expiration a trustee, liquidator, temporary liquidator, pre-liquidator, receiver of the First Extended Term. The options granted pursuant to Sections 3.2 a substantial portion of its assets and/or an attachment on a substantial portion of its assets, and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of noticeorder was issued accordingly, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased Property, but each of Lessor and Lessee acknowledge and agree that, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, however, in the event that such petition shall not have been canceled or refused within 30 days of its being filed to the applicable Lessor terminates court and/or in the Purchase event that Lessee shall have filed a petition for liquidation or in bankruptcy or for reaching a creditors' arrangement.
6.05 The Lessee shall not be entitled to terminate this Agreement based on prior to the condition Term of Lease Termination Date. Any cessation of usage of the Crete Plus Five Leased Property Premises, or even the results of vacating thereof, by the Lessee prior such date for any reason whatsoever shall not release the Lessee from its due diligence investigations or otherwise, Lessee shall undertakings hereunder including without limitation the Lessee's undertaking to pay any Closing Costs incurred by the Lessor not recovered by Lessor from the seller under Rental Fees and the Purchase Agreementpayments detailed in Section 12 hereinbelow.
Appears in 1 contract
TERM OF LEASE. 3.1 Except as expressly provided below, the The term of this Lease shall be commence on the Commencement Date as described in paragraph 2.1(b) and shall continue for a term of ninety nine (99) years thereafter unless sooner terminated as herein provided.
3.2 Subject to paragraph 18.4, if the Premises has not achieved Substantial Completion in accordance with the Development Permit within thirty-six (36) months from the commencement of the Term, then the Landlord may on written notice to the Tenant terminate this Lease, effective on the date set out in such notice.
3.3 If the Permitted Activities are not being continuously carried on within the Premises for a period of twelve (12) years 12 or more months, then the Tenant will prepare a written report setting out why the Permitted Activities are not being continuously carried out and nineteen (19) days commencing on the date hereof (the “Commencement Date”), and shall expire on May 31, 2027 (the “Initial Term”), unless terminated earlier as provided for herein.
3.2 Lessee shall have and is hereby granted the right and option to extend the Initial Term of this Lease for an extended term (the “First Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable Tenant’s intention with respect to each Lease Year of the First Extended Term shall be the amount set forth in Section 4.1Premises. The first Lease Year Tenant will deliver to the Landlord such report by the dates which are 12, 24 and 36 months, as applicable, after the commencement of such period of inactivity.
3.4 If for any reason the First Extended Term shall commence upon Permitted Activities are not being continuously carried on within the day next following Premises for a period of 36 consecutive months, then the expiration of Landlord may deliver written notice to the Initial Term. The option granted pursuant Tenant to this Section 3.2 may be exercised only if Lessee is not in default under terminate this Lease at the time end of exercise such 36 month period, unless prior to the expiration of such 36 month period, the Tenant requests and is granted an extension for a second 36 month period of inactivity. The Tenant may also ask for and be granted an extension for a third 36 month period of inactivity. Such extensions may be granted by the Landlord, if in the sole opinion of the Landlord, the Tenant has been actively attempting to find a new Operator for the Premises during the then current extension period. During any period when the Premises are not used for any of the Permitted Activities, the Major Repair Fund may be used by the Landlord for Major Repair Costs, environmental liabilities arising from Additional Pollution and other repair and maintenance costs during any period in which the Premises are required to be moth balled as set out in paragraph 3.8.
3.5 If the Term of the Lease comes to an end or the Lease is terminated earlier for any reason, including in the circumstances set out in paragraph 3.4 of this Lease, if the Landlord decides that it wishes to use the Premises for its own purposes, the Landlord shall pay to the Tenant for the Premises an amount that is agreed upon between the Landlord and Tenant. Failing such agreement, the Landlord shall have the option of either:
(a) requiring the Tenant to demolish the Premises and restore the Lands on which the Premises were situate to the state in which they were delivered to the Tenant; or
(b) submitting the question of the amount to be paid to the Appraiser who shall be appointed as an arbitrator pursuant to paragraph 24.7. In determining the amount to be paid, the Arbitrator shall take into account the following:
(i) that the amount to be paid for the Premises is not the fair market value, but rather, their value to the Landlord based on the use to which the Landlord intends to put the Premises;
(ii) no value is to be attributed to the Tenant's leasehold interest in the Premises, which leasehold interest will no longer exist;
(iii) the cost of making any repairs that need to be made to the Premises; and
(iv) the depreciation that would normally be attributed to a building as old as the Premises are, at the time that the Appraiser makes his valuation.
3.6 The amount to be paid to the Tenant by the Landlord, either as agreed, or pursuant to paragraph 3.5(b) of expiration this Lease if the Landlord chooses that option, shall be paid:
(a) less any amounts owing to the Landlord by the Tenant pursuant to the Lease; and
(b) less any amounts paid by the Lessor to satisfy any mortgage, encumbrance, lien, judgment, taxes or other charges registered in the Land Title Office or otherwise against this Lease; and
(c) plus or minus any other normal adjustments; not later than thirty (30) days after the amount to be paid has been determined either by agreement, or by the Appraiser, as the case may be, and in exchange for which the Tenant shall deliver without cost to the Landlord a deed of surrender and conveyance of the Initial TermTenant's leasehold interest in the Premises in a form acceptable to the Landlord and such as to effectively surrender and convey to the Landlord all of the right, andtitle and interest of the Tenant in and to the Premises and this Lease free of all liens, furthercharges and encumbrances together with vacant possession of the Premises. If the amount to be paid is not sufficient to discharge any mortgage, only if encumbrance, lien, judgment, taxes or other charges registered in the Land Title Office or otherwise against this Lease, the Tenant shall make up any shortfall from other resources.
3.7 If the Landlord selects the option set out in paragraph 3.5(a) of this Lease, the Tenant may use any money that remains in the Major Repair Fund to demolish the Premises and restore the Lands on which the Premises were situate to the state in which they were delivered to the Tenant. If there is a shortfall, the Tenant shall make up the shortfall from other resources. If the Tenant has not completed such demolition and restoration within 60 days of the date of termination, the Landlord may do so and reimburse itself for such costs, plus a 15% administration fee from the Major Repair Fund. If there is a shortfall, the Tenant shall reimburse the Landlord for the amount of such shortfall within 30 days of receiving notice thereof plus interest at either time an event or occurrence which with the passage of time or giving of noticePrime Rate, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior calculated from the date that the shortfall first arose to the date of expiration payment. If following such demolition, removal and restoration, there is a balance in the Major Repair Fund, the Tenant will retain such balance together with any interest earned while the Major Repair Fund was on deposit.
3.8 During any period in which the Permitted Activities are not going to be continuously carried on within the Premises for 12 or more months, the Tenant shall mothball the Premises in accordance with industry best practices for the climate in Vancouver, British Columbia and institute a regular maintenance program, that will:
(a) provide adequate security to prevent:
(i) occupancy by squatters or other persons;
(ii) vandalism, including without limitation, graffiti, damaged windows, doors, roof surfaces, the grounds surrounding the Premises and the theft of building components, including those containing minerals (e.g. lead, copper, etc.) from gutters, flat roof areas, underground, or elsewhere on the Lands and Premises;
(b) turn off and drain all unnecessary plumbing;
(c) turn off all unnecessary electrical power;
(d) continue to provide adequate levels of heating and ventilation to the Premises to prevent condensation problems and moisture build-up;
(e) prevent the blockage and overflow of roof drainage systems by frequent inspection, particularly during periods of heavy snow fall and cold weather;
(f) ensure that plumbing leaks or burst pipes are discovered promptly and repaired immediately following their discovery;
(g) prevent fire hazards from developing within or without the Premises; and
(h) maintain the exterior of the Initial Term.
3.3 Lessee shall have and is hereby granted the right and option to extend the First Extended Term of this Lease for an extended term (the “Second Extended Term”) of ten (10) Lease Years upon and subject to all the terms, provisions and conditions hereof, except that Base Rent, as hereinafter defined, payable with respect to each Lease Year of the Second Extended Term shall be the amount set forth in Section 4.1. The first Lease Year of the Second Extended Term shall commence upon the day next following the expiration of the First Extended Term. The options granted pursuant to Sections 3.2 and 3.3 may be exercised only if Lessee is not in default under this Lease at the time of exercise and at the time of expiration of the First Extended Term, and, further, only if there is not at either time an event or occurrence which with the passage of time or giving of notice, or both, would constitute a default hereunder, and said option shall be exercised by Lessee giving to Lessor written notice of Lessee’s election so to do not less than twenty-four (24) full calendar months prior to the date of expiration of the First Extended Term. The Initial Term, as it may be extended by the First Extended Term and, as it may be extended by the Second Extended Term, is hereinafter collectively known as the “Term”.
3.4 It is anticipated that the closing of the purchase of the Crete Plus Five Leased Property by Lessor from Seller will occur on or before July 1, 2015. Lessee hereby agrees that the obligations of this Lease with respect to the Crete Plus Five Leased Property, the obligations of Lessor Premises and the rights of Lessee to lease the Crete Plus Five Leased Property pursuant to this Lease shall commence concurrently with the applicable Lessor’s acquisition of the Crete Plus Five Leased PropertyGrounds, but each of Lessor and Lessee acknowledge and agree thatincluding without limitation, except as otherwise expressly provided in this Section 3.4, such obligations are subject to and conditioned upon the purchase of the Crete Plus Five Leased Property by the applicable Lessor. In no event shall the provisions of this Lease be effective as to the Crete Plus Five Leased Property prior to the time the applicable Lessor closes on the purchase of the Crete Plus Five Leased Property; provided, howeverall landscaping, in the event state that they are required to be maintained if the Premises were occupied, so that it is not apparent that the applicable Lessor terminates Premises are unoccupied, and commence the Purchase Agreement based repair of any damage that may occur to the exterior of the Premises, including without limitation, the removal of any graffiti, within 15 days of the occurrence of such damage and complete such repair as soon as is reasonably possible thereafter; it being understood and agreed that if the Tenant has not properly mothballed the Premises, or is not properly maintaining and inspecting the Premises thereafter, then the Landlord may take such steps as it deems necessary to do so and the Tenant shall reimburse the Landlord for all costs and taxes that are incurred by the Landlord in doing so, plus an administration charge of 15% of all such costs and taxes within 30 days of receiving an invoice therefor. At any time while the Premises are mothballed, the Tenant may elect to open or reopen the Premises for the purpose of carrying on the condition of Permitted Activities, in which case the Crete Plus Five Leased Property or the results of its due diligence investigations or otherwise, Lessee Premises shall pay any Closing Costs incurred by Lessor not recovered by Lessor from the seller under the Purchase Agreementno longer be considered mothballed.
Appears in 1 contract
Samples: Lease Agreement