Common use of BREAK CLAUSE Clause in Contracts

BREAK CLAUSE. 8.1 If the 95 Lease shall not have been granted or required to have been granted pursuant to the Agreement for Lease prior to the last date for such notice to be given by the Tenant under this sub-clause 8.1 the Tenant may terminate the Contractual Term on Break Date 1 by giving to the Landlord not less than six (6) months’ previous notice in writing PROVIDED THAT if the 95 Lease shall have been granted or required to have been granted pursuant to the Agreement for Lease prior to the last date for such notice to be given by the Tenant then any such notice given by the Tenant shall be of no effect and the Contractual Term shall not end on Break Date 1; 8.2 The Tenant may terminate the Contractual Term on Break Date 2 or Break Date 3 or Break Date 4 by giving to the Landlord not less than six (6) months’ previous notice in writing; 8.3 Any notice given by the Tenant shall operate to terminate the Contractual Term only if: 8.3.1 the Principal Rent reserved by this lease has been paid by the time of such termination; and 8.3.2 the Tenant yields up the Property free from any subleases and other third party occupational interests on termination; 8.4 Upon termination the Contractual Term shall cease but without prejudice to any claim in respect of any prior breach of the obligations contained in this lease; 8.5 If: 8.5.1 the 95 Lease shall not have been granted or required to have been granted pursuant to the Agreement for Lease prior to the last date for notice to be given by the Tenant under sub-clause 8.1; and 8.5.2 the Tenant shall not give such notice under sub-clause 8.1 to terminate the Contractual Term on Break Date 1; then the Principal Rent shall be suspended from and including the date falling immediately after Break Date 1 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.6 If the Tenant does not terminate the Contractual Term on Break Date 2 the Principal Rent shall be suspended from and including the date falling immediately after Break Date 2 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.7 If the Tenant terminates this lease in accordance with this clause 8 the Landlord shall promptly reimburse the Tenant in respect of any sums received under this lease which relate to a period following termination of this lease. 8.8 Time shall be of the essence for the purposes of this Clause.

BREAK CLAUSE. 8.1 If Should either the 95 Lease Landlord or the Tenant wish to terminate the Tenancy on or after such date as is 6 months from the Commencement Date of the Tenancy and shall not have been granted or required to have been granted pursuant first give to the Agreement for Lease prior to the last date for such notice to be given by the Tenant under this sub-clause 8.1 the Tenant may terminate the Contractual Term on Break Date 1 by giving to the Landlord not less than six (6) other party at least 2 months’ previous ' notice in writing PROVIDED THAT if to that effect and (in the 95 Lease case of the Tenant only the Tenant shall have been granted or required pay all rents and other monies due and observe and perform the Tenants obligations on a timely basis), THEN upon the expiry of such notice the Tenancy shall cease and the Tenant shall yield up vacant possession of the Premises, provided: Where either party shall give such notice : If the Premises are at the date such notice is given un-occupied the Tenant shall not permit any party thereafter to have been granted pursuant occupy the same for any period exceeding that of such notice and vacant possession shall be delivered immediately upon expiry of such Notice If the Premises are at the date such notice is given then occupied by a permitted occupier the Tenant shall provide full details of such occupation and subject to the Agreement for Lease prior Tenant doing so to the last date for Landlord’s reasonable satisfaction, to include providing copies of all relevant documentation, such notice to shall be given by deemed extended until one day after the expiry of such period of serviced occupancy (and the Tenant then shall not permit any such occupier to extend or renew their period of occupation beyond that in effect at the date of such notice) and vacant possession shall be delivered immediately upon expiry of such extended Notice Such termination shall be WITHOUT PREJUDICE to the right of either party to make any claim against the other for any previous breach of the terms, agreements and obligations of this Tenancy Agreement, FOR THE AVOIDANCE OF DOUBT the Landlords or the Tenants notice given by shall not take effect and terminate the Tenant tenancy before [insert date] and any notice purporting to terminate the Tenancy at an earlier date shall be of no effect and the Contractual Term shall not end on Break Date 1; 8.2 The Tenant may terminate the Contractual Term on Break Date 2 or Break Date 3 or Break Date 4 by giving to the Landlord not less than six (6) months’ previous notice in writing; 8.3 Any notice given by the Tenant shall operate to terminate the Contractual Term only if: 8.3.1 the Principal Rent reserved by this lease has been paid by the time of such termination; and 8.3.2 the Tenant yields up the Property free from any subleases and other third party occupational interests on termination; 8.4 Upon termination the Contractual Term shall cease but without prejudice to any claim in respect of any prior breach of the obligations contained in this lease; 8.5 If: 8.5.1 the 95 Lease shall not have been granted or required to have been granted pursuant to the Agreement for Lease prior to the last date for notice to be given by the Tenant under sub-clause 8.1; and 8.5.2 the Tenant shall not give such notice under sub-clause 8.1 to terminate the Contractual Term on Break Date 1; then the Principal Rent shall be suspended from and including the date falling immediately after Break Date 1 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.6 If the Tenant does not terminate the Contractual Term on Break Date 2 the Principal Rent shall be suspended from and including the date falling immediately after Break Date 2 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.7 If the Tenant terminates this lease in accordance with this clause 8 the Landlord shall promptly reimburse the Tenant in respect of any sums received under this lease which relate to a period following termination of this leaseeffect. 8.8 Time shall be of the essence for the purposes of this Clause.

BREAK CLAUSE. 8.1 If 2.5.1 This agreement creates a single tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the 95 Lease shall rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not have been granted before the end of the fixed term (the date quoted in 1.6.1 as “to and including (date)”). 2.5.2 The Landlord may bring the tenancy to an end at, or required to have been granted pursuant at any time after, the expiry of the fixed term by giving to the Agreement for Lease prior Tenant at least two months’ written notice stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to the last date for such notice to be given by the Tenant under implement this sub-clause 8.1 the clause. 2.5.3 The Tenant may terminate bring the Contractual Term on Break Date 1 tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Landlord at least one month’s written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month’s written notice must expire the day before a Rent Due Date. I.e. your rent is due 2nd of the month, then notice should be given on the 1st of a month prior to vacation on the 1st of the following month. Verbal communication is not less than six (6) months’ previous accepted as notice. Any notice sent to the landlord or their agent will be confirmed back to the tenant in writing. If the tenant has not received a reply back in writing PROVIDED THAT if as confirmation, this may be because it was not received. Therefore allow 3 days, then make contact to ensure it has been received and require confirmation. This course of action is due to several factors, which include incorrectly addressed letter or email address has been used, insufficient postage, lost in the 95 Lease shall have been granted post, or required to have been granted pursuant to other such incidents. Should it be agreed that the Agreement for Lease tenant may vacate prior to the last date for such notice end of the tenancy or periodic tenancy, there will be a charge (which would in normal circumstances be charged to be given the landlord if the terms of the tenancy agreement were kept). These being 2 weeks equivalent to the rent + VAT, plus cost of a new inventory which is by the Tenant then any such notice given by the Tenant shall be of no effect a third party and the Contractual Term shall not end on Break Date 1; 8.2 The Tenant may terminate the Contractual Term on Break Date 2 or Break Date 3 or Break Date 4 by giving cost will be requested and given to the Landlord not less than six (6) months’ previous notice you prior to agreement. ALL costs to re-let will be payable prior to such agreement which will be in writing; 8.3 Any notice given by . The deposit can not be used for these, as the Tenant shall operate to terminate the Contractual Term only if: 8.3.1 the Principal Rent reserved by this lease has been paid by the time of such termination; and 8.3.2 the Tenant yields up the Property free from any subleases and other third party occupational interests on termination; 8.4 Upon termination the Contractual Term shall cease but without prejudice to any claim in respect of any prior breach deposit is for none performance of the obligations contained tenancy on behalf of the tenant and dilapidations/cleaning etc as stated in this lease; 8.5 If: 8.5.1 the 95 Lease shall not have been granted or required to have been granted pursuant to the Agreement for Lease prior to the last date for notice to be given by the Tenant under sub-clause 8.1; and 8.5.2 the Tenant shall not give such notice under sub-clause 8.1 to terminate the Contractual Term on Break Date 1; then the Principal Rent shall be suspended from and including the date falling immediately after Break Date 1 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.6 If the Tenant does not terminate the Contractual Term on Break Date 2 the Principal Rent shall be suspended from and including the date falling immediately after Break Date 2 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.7 If the Tenant terminates this lease in accordance with this clause 8 the Landlord shall promptly reimburse the Tenant in respect of any sums received under this lease which relate to a period following termination of this leasetenancy. 8.8 Time shall be of the essence for the purposes of this Clause.

BREAK CLAUSE. 8.1 If after the 95 Lease expiry of five (5) years from the date of this lease the Landlord shall desire to determine the Term hereby granted and shall give the Tenant not have been granted less than one (1) year’s notice in writing of such desire then immediately on expiration of such notice this demise and everything therein contained shall cease and determine but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of covenant All that property situate at Eyre Lane Depot, Sheffield shown edged red on the Plan 1. The right to use and maintain any Utilities and other rights and easements currently benefiting and enjoyed by the Premises and necessary for the proper performance of the Project Agreement 1. to the extent reasonably required (but subject to have been granted the provisions of the Project Agreement) full right and liberty for the Landlord and its surveyors agents workmen and others at all times upon reasonable notice (save in case of emergency) to enter into and upon the Premises and all parts thereof for the purpose of: 1.1. carrying out any obligations of the Landlord under the Project Agreement or enforcing any obligations against the Tenant under the Project Agreement 1.2. doing effecting operating or carrying out any other operation falling within the Landlord's functions or powers either as Landlord pursuant to the Agreement for Lease prior to the last date for such notice to be given by the Tenant under this sub-clause 8.1 the Tenant may terminate the Contractual Term on Break Date 1 by giving to the Landlord not less than six (6) months’ previous notice in writing PROVIDED THAT if the 95 Lease shall have been granted or required to have been granted pursuant to the Agreement for Lease prior to the last date for such notice to be given by the Tenant then any such notice given by the Tenant shall be terms of no effect and the Contractual Term shall not end on Break Date 1; 8.2 The Tenant may terminate the Contractual Term on Break Date 2 or Break Date 3 or Break Date 4 by giving to the Landlord not less than six (6) months’ previous notice in writing; 8.3 Any notice given by the Tenant shall operate to terminate the Contractual Term only if: 8.3.1 the Principal Rent reserved by this lease has been paid by or under the time Project Agreement or as the relevant statutory or other authority 2. all rights of such termination; and 8.3.2 the Tenant yields up the Property free from any subleases light air and other third party occupational interests on termination; 8.4 Upon termination the Contractual Term shall cease easements and rights (but without prejudice to any claim in respect of expressly hereinbefore granted to the Tenant) now or hereafter belonging to or enjoyed by the Premises from or over any prior breach adjacent or neighbouring land or buildings of the obligations Landlord or any other Premises 3. the right to build or rebuild or alter any adjacent or neighbouring land or buildings of the Landlord in any manner whatsoever and to let the same for any purpose or otherwise deal therewith notwithstanding the light to the Premises is in any such case thereby diminished or prejudicially affected 4. the right to enter upon the Premises (on reasonable written notice save in the case of emergency) for the purpose of laying inspecting maintaining and connecting to any Utilities and the free passage of services through the same the person or persons so entering causing as little damage and disturbance as practicable and making good all damage or reasonably foreseeable losses thereby occasioned by the Tenant 1. Subject to the covenants conditions exceptions and reservations (if any) contained in this lease; 8.5 Ifa Conveyance dated 16th June 1967 made between (1) Turners (Eyre Street) Limited and (2) The Lord Mayor ▇▇▇▇▇▇▇▇ and Citizens of the City of Sheffield Executed as a deed by THE SHEFFIELD CITY COUNCIL by the affiving of its common seal in the presence of: ) ) ) Executed as a Deed by ▇▇▇▇ ▇▇▇▇▇▇ HIGHWAYS LIMITED acting by a Director in the presence of: Signature: Name: Address: 8.5.1 the 95 Lease shall not have been granted or required (1) THE SHEFFIELD CITY COUNCIL - and - (2) ▇▇▇▇ ▇▇▇▇▇▇ HIGHWAYS LIMITED LEASE PRESCRIBED CLAUSES LR1. Date of lease LR2. Title number(s) LR2.1 Landlord’s title number(s) LR2.2 Other title numbers LR3. Parties to have been granted pursuant to the Agreement for Lease prior to the last date for notice to be given by the Tenant under sub-clause 8.1; and 8.5.2 the Tenant shall not give such notice under sub-clause 8.1 to terminate the Contractual Term on Break Date 1; then the Principal Rent shall be suspended from and including the date falling immediately after Break Date 1 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.6 If the Tenant does not terminate the Contractual Term on Break Date 2 the Principal Rent shall be suspended from and including the date falling immediately after Break Date 2 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.7 If the Tenant terminates this lease in accordance with this clause 8 the Landlord shall promptly reimburse the Tenant in respect of any sums received under this lease which relate to a period following termination of this lease. 8.8 Time shall be of the essence for the purposes of this Clause.Other parties

BREAK CLAUSE. 8.1 If 2.5.1 This agreement creates a tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the 95 Lease shall rights and obligations for the fixed term and a minimum of one period. The following two clauses allow either party to terminate the agreement earlier than that date, but not have been granted before the end of the fixed term (the date quoted in 1.6.1 as "to and including (date)"). 2.5.2 The Landlord may bring the tenancy to an end at, or required to have been granted pursuant at any time after, the expiry of the fixed term by giving to the Agreement for Lease prior Tenant at least two months' written notice stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to the last date for such notice to be given by the Tenant under implement this sub-clause 8.1 the clause. 2.5.3 The Tenant may terminate bring the Contractual Term on Break Date 1 tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Landlord not less at least one month's written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. 2.5.4 In the event that it is agreed between the landlord/landlord’s agent and the tenant that this tenancy is terminated before the end of the fixed term (the date quoted in 1.6.1 as "to and including (date)"). There will be an ‘Early Termination Fee’ the amount to be negotiated between the landlord/landlord’s agent and tenant. 2.5.5 In the event that it is agreed between the landlord/landlord’s agent and all tenants responsible for the tenancy, that the responsibility of this tenancy may be transferred from one tenant to another person. A ‘Deed of Assignment’ may be written and signed by all parties and attached to this tenancy. The new tenant must successfully pass the referencing process before a ‘Deed of Assignment’ is written. There will be a charge of no more than six (6) months’ previous notice in writing PROVIDED THAT the landlord’s costs for this process which will be payable by the tenant wishing to leave the tenancy, amount to be agreed by landlord/landlord’s agent and tenants. This is to be paid at the beginning of the process and non-refundable if the 95 Lease shall have been granted or required to have been granted pursuant to new tenant fails the Agreement for Lease prior to the last date for such notice to be given by the Tenant then any such notice given by the Tenant shall be of no effect and the Contractual Term shall not end on Break Date 1; 8.2 The Tenant may terminate the Contractual Term on Break Date 2 or Break Date 3 or Break Date 4 by giving to the Landlord not less than six (6) months’ previous notice in writing; 8.3 Any notice given by the Tenant shall operate to terminate the Contractual Term only if: 8.3.1 the Principal Rent reserved by this lease has been paid by the time of such termination; and 8.3.2 the Tenant yields up the Property free from any subleases and other third party occupational interests on termination; 8.4 Upon termination the Contractual Term shall cease but without prejudice to any claim in respect of any prior breach of the obligations contained in this lease; 8.5 If: 8.5.1 the 95 Lease shall not have been granted or required to have been granted pursuant to the Agreement for Lease prior to the last date for notice to be given by the Tenant under sub-clause 8.1; and 8.5.2 the Tenant shall not give such notice under sub-clause 8.1 to terminate the Contractual Term on Break Date 1; then the Principal Rent shall be suspended from and including the date falling immediately after Break Date 1 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.6 If the Tenant does not terminate the Contractual Term on Break Date 2 the Principal Rent shall be suspended from and including the date falling immediately after Break Date 2 for a period of one hundred and ninety (190) days, after which period the Tenant’s obligation to pay the Principal Rent shall resume; 8.7 If the Tenant terminates this lease in accordance with this clause 8 the Landlord shall promptly reimburse the Tenant in respect of any sums received under this lease which relate to a period following termination of this leasereferencing process. 8.8 Time shall be of the essence for the purposes of this Clause.