Common use of RELOCATION OF PREMISES Clause in Contracts

RELOCATION OF PREMISES. Landlord may, upon ninety (90) days prior written notice to Tenant (the “Relocation Notice”), relocate the Premises to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, and Tenant shall be obligated to relocate to the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms and provisions of this Section 15.18.

Appears in 2 contracts

Sources: Office Lease (FlexEnergy Green Solutions, Inc.), Office Lease (FlexEnergy Green Solutions, Inc.)

RELOCATION OF PREMISES. A. In the event Landlord mayshall add additional buildings to the Center or expand any of the buildings currently contained therein or renovate or reconfigure any part of the Center in the vicinity of the Premises, upon Landlord shall have the right, subject to Landlord’s and Tenant’s right of termination as set forth in subparagraph (B), to require Tenant to relocate its operation, at Tenant’s Landlord’s expense, to other premises (the “New Premises”) in another part of the Center or building in accordance with the following: (i) Landlord shall notify Tenant, at least one hundred ninety (90) days prior to the proposed relocation date, of Landlord’s intention to relocate Tenant’s operation to the New Premises; (ii) The proposed relocation date and the size, configuration and location of the New Premises shall be set forth in Landlord’s notice; and (iii) The New Premises shall be substantially the same in size and configuration as the Premises described in the Lease. B. In the event the New Premises described in Landlord’s relocation notice are unacceptable to Tenant, Tenant shall have the right, exercisable by written notice to Tenant Landlord, given thirty (the “Relocation Notice”)30) days following receipt of Landlord’s relocation notice, relocate the Premises to any other premises within the Building (hereinafter referred terminate this Lease, such termination to be effective as the “Relocated Premises”), provided that each of the proposed relocation date as set forth in Landlord’s notice. Failure by Tenant to timely exercise such right shall be deemed a waiver with respect thereto and confirmation that the New Premises are acceptable to Tenant. In addition, if Tenant fails to exercise such right of termination by written notice to Landlord given within thirty (30) days following conditions are satisfied: 15.18.1 The Relocated receipt of Landlord’s relocation notice or to accept the New Premises in writing by written notice to Landlord given within thirty (30) days following receipt of Landlord’s relocation notice, then Landlord shall have the right, at any time thereafter, to terminate this Lease effective the later of (a) are substantially thirty (30) days following Tenant’s receipt of Landlord’s notice of termination or (b) the same size proposed relocation date as set forth in Landlord’s relocation notice. Tenant shall have the right to accept the New Premises only for the unexpired term of this Lease. C. In the event Landlord requires the relocation of Tenant’s operation for any other reason, then Landlord reserves the right at any time during the Lease Term hereof to require Tenant to relocate to the New Premises upon the following terms and conditions: (a) the New Premises shall contain a Store Floor Area which shall not vary more than ten percent (10%) from the Store Floor Area contained in the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by notify Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller not less than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after prior to the date Tenant is required to surrender possession of the Relocation Notice Premises; (c) Landlord shall, at Landlord’s cost and expense, complete the leasehold improvements in the New Premises, in accordance with the plans and specifications approved by delivering written notice of termination Landlord with respect to Tenant’s original work in the other party Premises; (d) Tenant shall, within ten fifteen (1015) days after Landlord’s receipt possession of the New Premises has been tendered to Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt , open for business in the New Premises; and (e) Tenant shall surrender possession of the Premises to Landlord in accordance with the provisions of Section 9.3 within fifteen (15) days after possession of the New Premises has been tendered to Tenant’s Response. D. The New Premises shall be subject to the same terms, conditions and covenants as the Premises except that if the Store Floor Area of the New Premises differs from the Store Floor Area of the Premises, then the parties Minimum Rent and Sales Breakpoint shall be deemed to have waived their respective rights to terminate this Lease proportionately adjusted. Upon the occurrence of any relocation pursuant to this Section 15.182.5, and the parties hereto shall promptly execute an amendment to this Lease reflecting such relocation of Tenant shall be obligated to relocate and, if applicable, any adjustment to the Relocated Premises in accordance with the Relocation Notice Minimum Rent and the other terms and provisions of this Section 15.18. There shall be Sales Breakpoint. E. Landlord has made no abatement of representation as to any Rent additional improvements or other sums payable hereunder on account of Tenant’s relocation stores or any inconvenience existing stores in the Center and this provision does not create any rights of option, first refusal or business loss caused otherwise with respect to Tenant thereby so long as Landlord complies with all of any present or future space in the terms and provisions of this Section 15.18Center.

Appears in 2 contracts

Sources: Lease Agreement (Impossible Kicks Holding Company, Inc.), Lease (Impossible Kicks Holding Company, Inc.)

RELOCATION OF PREMISES. If the Premises, or if the Premises consist of separate units, then each unit that contains an area of 4,000 square feet or less, Tenant agrees that at any time before or during the term hereof, Landlord mayshall have the right to relocate the Premises described herein ("existing Premises") to other space ("new Premises") within the Property in accordance with the following terms: (a) the size and decor of the new Premises shall be substantially the same as the size and decor of the existing Premises unless Landlord and Tenant otherwise agree in writing; (b) moving costs, and placement of all Tenant’s trade fixtures, equipment, furniture, furnishings and other personal property belonging to Tenant, and the cost of installing permanent improvements (as distinguished from trade fixtures, equipment, furniture, furnishings and other personal property belonging to Tenant) in the new Premises, so that placement of all Tenant’s trade fixtures, equipment, furniture, furnishings and other personal property belonging to Tenant and the permanent improvements therein are substantially the same or better than those in the existing Premises, shall be borne entirely by Landlord; (c) monthly rent shall ▇▇▇▇▇ in full during the period, if any, that Tenant is unable to conduct business in either the existing Premises or the new Premises; (d) indirect costs incurred by Tenant as a result of the relocation, including cost incurred in changing addresses on stationery, business cards and advertising shall be reimbursed to Tenant by Landlord in an amount not to exceed $500 upon ninety presentation to Landlord of paid bills for said incurred indirect costs; (90e) Landlord shall give Tenant at least 60 days prior written notice of ▇▇▇▇▇▇▇▇'s intent to relocate Tenant (to the “Relocation Notice”), relocate the Premises to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the new Premises; (bf) have substantially the same configuration and leasehold improvements as payments of new monthly base rent shall commence on the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs earlier of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt Landlord has completed the physical relocation and installation of permanent improvements in the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of new Premises or the Tenant’s Response, then date that Tenant first opens for business in the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, new Premises; and (g) Landlord and Tenant shall be obligated promptly execute an amendment to relocate to this Lease reciting the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms Premises and provisions any changes in the rentable floor area of this Section 15.18the Premises, the monthly base rent and additional rent payable hereunder.

Appears in 1 contract

Sources: Full Service Office Lease (Puredepth, Inc.)

RELOCATION OF PREMISES. Landlord may, upon ninety (90) days prior written notice to Tenant (the “Relocation Notice”), relocate the Premises to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocationan expansion, this Lease shall continue in full force and effect without any change renovation or remerchandising of the Shopping Center in the terms vicinity of the Premises, Landlord may elect, by giving notice of such election to Tenant, to require Tenant to surrender possession of all or conditions thereofsuch portion of the Premises and for such period of time (including the remainder of the Term) as Landlord, in its sole discretion, shall deem to be required for such purposes. Such election shall be exercised not more than once during the Term, except that the Relocated Premises if any such notice of election shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premiseswithdrawn by Landlord, the Base Rent and Tenant’s Share same shall be proportionately reduced as deemed not to have been given. Landlord's notice of the date on exercise of such election shall designate (i) the portion of the Premises required for such purposes, (ii) the period of time during which Tenant surrenders the Premises; provided, that there such surrender shall be no increase to required, and (iii) the Base Rent and date by which possession of same shall be surrendered by Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant , which date shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective be earlier than ninety (90) days after the date on which such notice is given. If Tenant shall be required to surrender possession of all or a portion of the Relocation Notice by delivering written notice Premises for a period of termination to time which is less than the other party within ten (10) days after Landlord’s receipt remainder of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt Term, Rental shall abat▇ ▇▇ to such portion or all of the Premises required to be surrendered, such abatement to be effective beginning as of the date Tenant is required to surrender such possession and continuing until the date on which Landlord redelivers possession to Tenant’s Response. For purposes of determining the extent of such abatement of Rental, then the parties Tenant's Floor Area hereunder shall be deemed to have waived their respective rights be reduced during the abatement period by the number of square feet contained in the portion of the Premises of which possession is required to terminate be surrendered. If Tenant shall be required to surrender possession of a portion of the Premises for the entire remainder of the Term, this Lease pursuant shall terminate as to this Section 15.18such portion as of the date on which Tenant is required to surrender possession thereof to Landlord and all Rental shall be proportionately reduced. For purposes of determining the extent of such reduction of Rental, Tenant's Floor Area hereunder shall be deemed to be reduced as of the date of such termination by the number of square feet contained in the portion of the Premises of which possession is required to be surrendered. If Tenant shall be required to surrender possession of a portion of the Premises, Landlord shall (a) provide any permanent or temporary barriers required by the nature of Landlord's use of such portion, which barriers shall be constructed in such a manner so as to not materially interfere with Tenant's business operations in the Premises; and (b) make such alterations as may be necessary in order to restore the remainder of the Premises to useful condition. If Tenant shall be required to surrender possession of a portion of the Premises and the remainder of the Premises shall be rendered unsuitable for the Permitted Use, or if Tenant shall -42- 49 be required to surrender possession of the entire Premises, Landlord shall have the further right and option to cause Tenant to relocate its business, within ninety (90) days after notice to do so, to another location within the Shopping Center Area, comparable in size and location to the Premises, mutually agreed upon by Landlord and Tenant. Within sixty (60) days after any such notice shall be given, Landlord and Tenant shall execute and deliver an amendment to this Lease which shall substitute a description of the premises to which Tenant is to be obligated relocated for the description of the Premises contained herein and shall modify Tenant's Floor Area accordingly; otherwise all of the terms and conditions of this Lease shall be applicable to Tenant's occupancy of the new premises. If Landlord and Tenant cannot agree on a new location within such sixty (60) days after notice of the exercise by Landlord of its relocation option described in the preceding paragraph, then Landlord may elect to withdraw its notice requiring Tenant to relocate its business, in which event Tenant shall remain in possession of the Premises and this Lease shall remain in full force and effect. If Landlord shall not elect to withdraw its notice requiring Tenant to relocate its business, the Term shall terminate on the ninetieth (90th) day after such notice, in which event Landlord agrees to pay to Tenant, provided Tenant is not in default under this Lease, and provided Tenant shall have furnished Landlord with the statement referred to in the last sentence of this paragraph, an amount equivalent to the Relocated unamortized value of Tenant's leasehold improvements which were installed in the Premises at Tenant's sole cost and expense. Said amortization shall be determined on the straight-line depreciation method allowed by the Internal Revenue Code of 1986 (as amended) assuming a depreciation period commencing with the placement in service of such leasehold improvements and ending on the date of expiration of the Term determined pursuant to Section 3.1. Payment of the amount equivalent to the unamortized value of Tenant's leasehold improvements will be made to Tenant within thirty (30) days after Tenant shall have vacated the Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18Lease, provided that Landlord shall have the right to deduct therefrom any amounts due Landlord from Tenant pursuant to this Lease. There For purposes of this Section, "Tenant's leasehold improvements" shall include partitioning, electrical wiring, plumbing (other than plumbing fixtures), painting, wallpaper, storefront and other permanent improvements installed, affixed or attached in or to the Premises, but shall not include (x) Tenant's inventory or stock in trade, (y) such trade fixtures, electrical fixtures, equipment or apparatus as are removable by Tenant at the expiration of the Term pursuant to Article VII, or (z) Landlord's fixtures or other improvements installed by or at the expense of Landlord. In order for Tenant to be entitled to payment of the unamortized value of its leasehold improvements as set forth in this paragraph, Tenant shall, within sixty (60) days after commencement of the Term, furnish to Landlord a statement, signed by an independent certified public accountant, setting out in detail the cost of Tenant's leasehold improvements. If this Lease shall be no abatement of terminated as to any Rent portion or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms Premises pursuant to this Section, the rights and provisions obligations of the parties hereunder shall cease as of the date specified herein and Rental (other than any Additional Rental due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusted as of the date of such termination. No further documentation shall be required to effect the termination of this Section 15.18Lease, but each party agrees that, upon the written request of the other party to do so, it shall execute, acknowledge and deliver an appropriate instrument evidencing such termination prepared by or at the expense of the party requesting the same.

Appears in 1 contract

Sources: Lease Agreement (Ciao Cucina Corp)

RELOCATION OF PREMISES. At any time before February 15, 2000, Landlord mayshall have the right, in Landlord's sole discretion, upon ninety providing Tenant thirty (9030) days prior days' written notice ("Relocation Notice"), to Tenant relocate the portion of the Premises outlined on Exhibit A-1 (the "Relocation Notice”)Premises") to a new location either in the Building, relocate in the Premises building (the "Annex") adjacent to any other premises within the Building (hereinafter referred to as the “Relocated "Annex Premises"), provided that each or partially in the Building and partially in adjacent space in the Annex. The Annex Premises are described on Exhibit A-2 attached to this Lease. If Landlord timely delivers a Relocation Notice to (i) the premises under the Annex Lease shall be the portion of the following conditions are satisfied: 15.18.1 The Relocated Annex Premises in the Annex, (aii) are substantially the same size as Annex Lease may be a sublease and contain appropriate reasonable provisions customarily contained in a sublease, (iii) Tenant's percentage share under the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation Annex Lease shall be accomplished the Rentable Area of the portion of the Annex Premises in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In Annex divided by *** (iv) the event of such relocation, this construction allowance under the Annex Lease shall continue in full force and effect without any change be $*** multiplied by the Rentable Area of the portion of the Annex Premises in the terms or conditions thereofAnnex, except that (v) the Relocated Premises base rent under the Annex Lease during the period from the Commencement Date to Fourth anniversary of the Commencement Date shall be substituted the Initial Multiple multiplied by the Rentable Area of the portion of the Annex Premises in the Annex, (vi) the base rent under the Annex Lease during the period from the Fourth Anniversary of the Commencement Date to Eighth anniversary of the Commencement Date shall be the Middle Multiple multiplied by the Rentable Area of the portion of the Annex Premises in the Annex, (vii) the base rent under the Annex Lease during the period from the Eighth anniversary of the Commencement Date to the end of the Initial Term shall be the Final Multiple multiplied by the Rentable Area of the portion of the Annex Premises in the Annex, (viii) the base rent under the Annex Lease during the Extended Term shall be the fair market rent for the original Annex Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders first day of each Extended Term, as determined in accordance with Section 3.2 of the Premises; providedLease, (ix) the Annex Lease shall contain such other reasonable modifications deemed necessary by Landlord to reflect the different facilities and services that there are inherent in the Annex (e.g., absence of elevators and restrooms), and (x) Tenant's obligations under the Annex Lease shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premisescross-defaulted with this Lease. If Tenant shall not desire Tena▇▇ ▇▇▇ls to so relocate, then execute the Relocation Amendment or the Annex Lease within twenty fifteen (2015) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date receipt of the Relocation Notice by delivering written notice of termination to Amendment and the other party within ten (10) days after Annex Lease from Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, and Tenant shall be obligated in default under this Lease and Landlord shall have the right to relocate to the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with exercise all of the terms its rights and provisions of remedies under this Section 15.18Lease.

Appears in 1 contract

Sources: Office Lease (Del Monte Foods Co)

RELOCATION OF PREMISES. If the Premises contain less than 10,000 square feet, Landlord may, upon ninety (90) days prior written notice shall have the right to Tenant (the “Relocation Notice”), relocate the Premises to any other premises within another part of the Building (hereinafter referred to as in accordance with the “Relocated Premises”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises following: (a) are substantially the same size as Landlord shall give Tenant at least thirty (30) days’ notice of Landlord’s intention to relocate the Premises; (b) have the new premises shall be substantially the same configuration in size, dimensions, configuration, and leasehold improvements decor as the PremisesPremises and, if the relocation occurs after the Commencement Date, shall be placed in that condition by Landlord at its cost; and (c) have substantially as nearly as practicable, the same view as physical relocation of the Premises; 15.18.2 Landlord Premises shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone take place on a weekend and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished completed before the following Monday and if the physical relocation has not been completed in a manner that will minimize time, Rent shall ▇▇▇▇▇ from the disruption time the physical relocation commences to Tenant’s business. the time it is completed, but not to exceed three (3) Business Days from the time that Landlord makes the new premises available to Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event with all work to be performed by Landlord thereon substantially complete; (d) upon completion of such relocation, the new premises shall become the “Premises” under this Lease shall continue in full force and effect without any change in Lease; (e) all reasonable out of pocket costs incurred by Tenant as a result of the terms or conditions thereof, except that the Relocated Premises relocation shall be substituted for the original Premises and paid by Landlord; (f) if the Relocated Premises new premises are smaller than the PremisesPremises as they existed before the relocation, the Base Rent and Tenant’s Proportionate Share shall be proportionately reduced as proportionately; and (g) the parties hereto shall immediately execute an amendment to this Lease setting forth the relocation of the date on which Tenant surrenders Premises and the Premises; provided, that there shall be no increase to reduction of the Base Rent and Tenant’s Share Proportionate Share, if the Relocated Premises is larger than the original Premisesany. If Tenant shall not desire to so relocate, then within twenty (20) days after hereby waives any claim against Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date for loss of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, and Tenant shall be obligated to relocate to the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder business on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms and provisions of this Section 15.18relocation.

Appears in 1 contract

Sources: Office Lease (Quality Systems Inc)

RELOCATION OF PREMISES. If the Premises contain less than 10,000 square feet, Landlord may, upon ninety (90) days prior written notice shall have the right to Tenant (the “Relocation Notice”), relocate the Premises to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each another part of the following conditions are satisfied: 15.18.1 The Relocated Premises Project in accordance with the following: (a) are substantially the same size as Landlord shall give Tenant at least thirty (30) days’ notice of Landlord’s intention to relocate the Premises; (b) have the new premises shall be substantially the same configuration in size, dimensions, configuration, and leasehold improvements decor as the PremisesPremises and, if the relocation occurs after the Commencement Date, shall be placed in that condition by Landlord at its cost; and (c) have substantially as nearly as practicable, the same view as physical relocation of the Premises; 15.18.2 Landlord Premises shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone take place on a weekend and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished completed before the following Monday and if the physical relocation has not been completed in a manner that will minimize time, Rent shall a▇▇▇▇ from the disruption time the physical relocation commences to Tenant’s business. the time it is completed, but not to exceed three (3) Business Days from the time that Landlord makes the new premises available to Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event with all work to be performed by Landlord thereon substantially complete; (d) upon completion of such relocation, the new premises shall become the “Premises” under this Lease shall continue in full force and effect without any change in Lease; (e) all reasonable out of pocket costs incurred by Tenant as a result of the terms or conditions thereof, except that the Relocated Premises relocation shall be substituted for the original Premises and paid by Landlord; (f) if the Relocated Premises new premises are smaller than the PremisesPremises as they existed before the relocation, the Base Rent and Tenant’s Proportionate Share shall be proportionately reduced as proportionately; and (g) the parties hereto shall immediately execute an amendment to this Lease setting forth the relocation of the date on which Tenant surrenders Premises and the Premises; provided, that there shall be no increase to reduction of the Base Rent and Tenant’s Share Proportionate Share, if the Relocated Premises is larger than the original Premisesany. If Tenant shall not desire to so relocate, then within twenty (20) days after hereby waives any claim against Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date for loss of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, and Tenant shall be obligated to relocate to the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder business on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms and provisions of this Section 15.18relocation.

Appears in 1 contract

Sources: Office Lease (HF Enterprises Inc.)

RELOCATION OF PREMISES. A. In the event Landlord mayshall add additional buildings to the Center or expand any of the buildings currently contained therein or renovate or reconfigure any part of the Center in the vicinity of the Premises, upon Landlord shall have the right, subject to Landlord’s and Tenant’s right of termination as set forth in subparagraph (B), to require Tenant to relocate its operation, at Tenant’s Landlord’s expense, to other premises (the “New Premises”) in another part of the Center or building in accordance with the following: (i) Landlord shall notify Tenant, at least ninety (90) days prior to the proposed relocation date, of Landlord’s intention to relocate Tenant’s operation to the New Premises; (ii) The proposed relocation date and the size, configuration and location of the New Premises shall be set forth in Landlord’s notice; and (iii) The New Premises shall be substantially the same in size and configuration as the Premises described in the Lease. B. In the event the New Premises described in Landlord’s relocation notice are unacceptable to Tenant, Tenant shall have the right, exercisable by written notice to Tenant Landlord, given thirty (the “Relocation Notice”)30) days following receipt of Landlord’s relocation notice, relocate the Premises to any other premises within the Building (hereinafter referred terminate this Lease, such termination to be effective as the “Relocated Premises”), provided that each of the proposed relocation date as set forth in Landlord’s notice. Failure by Tenant to timely exercise such right shall be deemed a waiver with respect thereto and confirmation that the New Premises are acceptable to Tenant. In addition, if Tenant fails to exercise such right of termination by written notice to Landlord given within thirty (30) days following conditions are satisfied: 15.18.1 The Relocated receipt of Landlord’s relocation notice or to accept the New Premises in writing by written notice to Landlord given within thirty (30) days following receipt of Landlord’s relocation notice, then Landlord shall have the right, at any time thereafter, to terminate this Lease effective the later of (a) are substantially thirty (30) days following Tenant’s receipt of Landlord’s notice of termination or (b) the same size proposed relocation date as set forth in Landlord’s relocation notice. Tenant shall have the right to accept the New Premises only for the unexpired term of this Lease. C. In the event Landlord requires the relocation of Tenant’s operation for any other reason, then Landlord reserves the right at any time during the Lease Term hereof to require Tenant to relocate to the New Premises upon the following terms and conditions: (a) the New Premises shall contain a Store Floor Area which shall not vary more than ten percent (10%) from the Store Floor Area contained in the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by notify Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller not less than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after prior to the date Tenant is required to surrender possession of the Relocation Notice Premises; (c) Landlord shall, at Landlord’s cost and expense, complete the leasehold improvements in the New Premises, in accordance with the plans and specifications approved by delivering written notice of termination Landlord with respect to Tenant’s original work in the other party Premises; (d) Tenant shall, within ten fifteen (1015) days after Landlord’s receipt possession of the New Premises has been tendered to Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt , open for business in the New Premises; and (e) Tenant shall surrender possession of the Premises to Landlord in accordance with the provisions of Section 9.3 within fifteen (15) days after possession of the New Premises has been tendered to Tenant’s Response. D. The New Premises shall be subject to the same terms, conditions and covenants as the Premises except that if the Store Floor Area of the New Premises differs from the Store Floor Area of the Premises, then the parties Minimum Rent and Sales Breakpoint shall be deemed to have waived their respective rights to terminate this Lease proportionately adjusted. Upon the occurrence of any relocation pursuant to this Section 15.182.5, and the parties hereto shall promptly execute an amendment to this Lease reflecting such relocation of Tenant shall be obligated to relocate and, if applicable, any adjustment to the Relocated Premises in accordance with the Relocation Notice Minimum Rent and the other terms and provisions of this Section 15.18. There shall be Sales Breakpoint. E. Landlord has made no abatement of representation as to any Rent additional improvements or other sums payable hereunder on account of Tenant’s relocation stores or any inconvenience existing stores in the Center and this provision does not create any rights of option, first refusal or business loss caused otherwise with respect to Tenant thereby so long as Landlord complies with all of any present or future space in the terms and provisions of this Section 15.18Center.

Appears in 1 contract

Sources: Lease (Impossible Kicks Holding Company, Inc.)

RELOCATION OF PREMISES. Landlord mayshall have the onetime right, at any time before or during the Term, to relocate Tenant from the Premises to other space located within the Building or the Property upon ninety no less than sixty (9060) days prior written notice Notice to Tenant (which Notice shall specify the anticipated date of such relocation). Such space (“Relocation NoticeSpace)) shall be comparable in size, relocate the Premises utility and condition to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 . Landlord shall pay all out-of-pocket reasonable moving expenses incurred and for improving the Relocation Space so that the condition thereof is comparable to the Premises, and shall reimburse Tenant for stationery reprinting costs necessitated by such relocation, up to, but not exceeding, a total reimbursement for such stationary reprinting costs of $500.00. Tenant shall cooperate with Landlord in connection with all reasonable ways to facilitate any such relocation, including which relocation shall occur at such times and on such date(s) as may be designated by Landlord. Prior to the date that Tenant is moved to the Relocation Space, Tenant shall remain in the Premises and shall continue to perform all costs of changes its obligations under this Lease. Upon the delivery of possession of the Relocation Space to Tenant, the Relocation Space shall thereupon become the premises leased by Tenant under this Lease (and all references in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cablingthis Lease to the “Premises” shall thereafter refer to the relocated Premises), and the expense terms of furnishing the Relocated Lease shall remain in full force and shall thereupon apply to the Relocation Space, except that, if the size of the Relocation Space is smaller or larger than the Premises with substantially as they existed before the same type and quality of leasehold improvements relocation (as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event reasonably determined by Landlord), then, effective as of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Monthly Rent and Tenant’s Share shall each be proportionately reduced as adjusted based on the relationship between the number of rentable square feet of the date on which Tenant surrenders pre-relocation Premises and the Premises; provided, that there number of rentable square feet of the Relocation Space (all as reasonably determined by Landlord). No amendment or other instrument shall be no increase necessary to effectuate a relocation of the Base Rent and Tenant’s Share Premises pursuant to this Section 3.7, except that, if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenantrequested by Landlord, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party execute an appropriate amendment document within ten (10) days after Landlord▇▇▇▇▇▇▇▇’s receipt of the Tenant’s Responsewritten request therefor. If neither party timely delivers notice of termination after Tenant fails to execute such relocation amendment within such time period, or if Tenant fails to be ready to relocate on the date(s) designated by Landlord’s receipt of the Tenant’s Response, then the parties any such failure shall be deemed to have waived their respective rights to terminate constitute an Event of Default by Tenant under this Lease pursuant to this Section 15.18, and Tenant shall be obligated to relocate to the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms and provisions of this Section 15.18Lease.

Appears in 1 contract

Sources: Office Lease (Flitways Technology Inc.)

RELOCATION OF PREMISES. A. In the event Landlord mayshall add additional buildings to the Center or expand any of the buildings currently contained therein or renovate or reconfigure any part of the Center in the vicinity of the Premises, Landlord shall have the right, subject to Landlord’s and Tenant’s right of termination as set forth in subparagraph (B), to require Tenant to relocate its operation, at Tenant’s Landlord’s expense, to other premises (the “New Premises”) in another part of the Center or building in accordance with the following: (i) Landlord shall notify Tenant, at least one hundred fifty (150) days prior to the proposed relocation date, of Landlord’s intention to relocate Tenant’s operation to the New Premises; (ii) The proposed relocation date and the size, configuration and location of the New Premises shall be set forth in Landlord’s notice; and (iii) The New Premises shall be substantially the same in size and configuration as the Premises described in the Lease. B. In the event the New Premises described in Landlord’s relocation notice are unacceptable to Tenant, Tenant shall have the right, exercisable by written notice to Landlord, given thirty (30) days following receipt of Landlord’s relocation notice, to terminate this Lease, such termination to be effective as of the proposed relocation date as set forth in Landlord’s notice. Failure by Tenant to timely exercise such right shall be deemed a waiver with respect thereto and confirmation that the New Premises are acceptable to Tenant. In addition, if Tenant fails to exercise such right of termination by written notice to Landlord given within thirty (30) days following receipt of Landlord’s relocation notice or to accept the New Premises in writing by written notice to Landlord given within thirty (30) days following receipt of Landlord’s relocation notice, then Landlord shall have the right, at any time thereafter, to terminate this Lease effective the later of (a) thirty (30) days following Tenant’s receipt of Landlord’s notice of termination or (b) the proposed relocation date as set forth in Landlord’s relocation notice. Tenant shall have the right to accept the New Premises only for the unexpired term of this Lease. C. In the event Landlord requires the relocation of Tenant’s operation for any other reason, then Landlord reserves the right at any time during the Lease Term hereof to require Tenant to relocate to the New Premises upon the following terms and conditions: (a) the New Premises shall contain a Store Floor Area which shall not vary more than ten percent (10%) from the Store Floor Area contained in the Premises; (b) Landlord shall notify Tenant not less than ninety (90) days prior written notice to the date Tenant (the “Relocation Notice”), relocate the Premises is required to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each surrender possession of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (bc) have substantially Landlord shall, at Landlord’s cost and expense, complete the same configuration and leasehold improvements as in the New Premises, in accordance with the plans and specifications approved by Landlord with respect to Tenant’s original work in the Premises; (d) Tenant shall, within fifteen (15) days after possession of the New Premises has been tendered to Tenant, open for business in the New Premises; and (ce) have substantially Tenant shall surrender possession of the same view as Premises to Landlord in accordance with the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs provisions of changes in signs, stationery costs, moving costs, reinstallation Section 9.3 within fifteen (15) days after possession of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated New Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption has been tendered to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated . D. The New Premises shall be substituted for subject to the original same terms, conditions and covenants as the Premises and except that if the Relocated Store Floor Area of the New Premises are smaller than differs from the Store Floor Area of the Premises, then the Base Minimum Rent and Tenant’s Share Sales Breakpoint shall be proportionately reduced as adjusted. Upon the occurrence of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease any relocation pursuant to this Section 15.182.5, and the parties hereto shall promptly execute an amendment to this Lease reflecting such relocation of Tenant shall be obligated to relocate and, if applicable, any adjustment to the Relocated Premises in accordance with the Relocation Notice Minimum Rent and the other terms and provisions of this Section 15.18. There shall be Sales Breakpoint. E. Landlord has made no abatement of representation as to any Rent additional improvements or other sums payable hereunder on account of Tenant’s relocation stores or any inconvenience existing stores in the Center and this provision does not create any rights of option, first refusal or business loss caused otherwise with respect to Tenant thereby so long as Landlord complies with all of any present or future space in the terms and provisions of this Section 15.18Center.

Appears in 1 contract

Sources: Lease (Impossible Kicks Holding Company, Inc.)

RELOCATION OF PREMISES. 2.6.1 At any time after the first anniversary of the Commencement Date, Landlord mayshall have the right to relocate Tenant's operation at the Premises to other premises (the "New Premises") in another part of the Hotel Complex (or, if mutually-agreed upon ninety in each party's respective sole discretion, a location that is part of the MGM Resorts Group (90as defined below)) in accordance with the following: (i) Landlord shall notify Tenant, at least one hundred eighty (180) days prior written notice to the proposed relocation date, of Landlord's intention to relocate Tenant's operation to the New Premises; (ii) the proposed relocation date (Tenant (the “Relocation Notice”), relocate shall not be required to cease conducting business from the Premises for a period in excess of twenty (20) days and Minimum Monthly Rent and monthly Common Area Maintenance Charges shall be abated for any period Tenant is required to any other premises within be closed due to the Building (hereinafter referred to as relocation under this Section) and the “Relocated Premises”)size, provided that each configuration and location of the following conditions are satisfied: 15.18.1 The Relocated New Premises shall be set forth in Landlord's notice; (aiii) are the New Premises shall be substantially identical in size (not less than eighty-five percent (85%) of the same size as square footage of the Premises) to the Premises; (biv) have substantially Landlord shall, at Landlord's cost, construct on the same configuration New Premises improvements comparable to those constructed on the Premises and leasehold improvements as bear other direct costs in connection with relocating the Premises, including without limitation all costs of moving Tenant's furniture, fixtures and equipment and installation of telecommunications and data cabling and all costs of the relocation of Tenant's business, including that limitation modification of any signage, stationary or marketing materials; provided, however, that in the event Landlord elects to relocate Tenant during the last two (2) years of the Initial Term, that Landlord shall only be obligated to pay the costs set forth in this subsection (iv) if Tenant has committed to extend the Term through the Extension Terms; (v) Landlord shall not relocate Tenant more than one time during the Term; (vi) there shall be no increase in Minimum Annual Rent, Tenant's Tax Obligation or Tenant's Common Area Maintenance Expense Obligation; (vii) if the area of the New Premises is less than the area of the Premises, Minimum Annual Rent shall be proportionately adjusted, (vii) Landlord shall pay Tenant the Lost Business Reimbursement during any period that Tenant is required to cease conducting business due to the relocation; and (cix) the New Premises shall have substantially the same view as a configuration that is comparable to the Premises;. Except as otherwise provided in the preceding sentence, all relocation and improvement costs shall be the sole responsibility of Tenant. 15.18.2 2.6.2 In the event the New Premises described in Landlord's relocation notice are unacceptable to Tenant in its sole discretion, or Tenant does not agree to extend the Term through the Extension Term in the even the relocation occurs during the last two (2) years of the Initial Term, Tenant shall have the right, as its sole and exclusive remedy, exercisable by written notice to Landlord, given thirty (30) days following receipt of Landlord's relocation notice, to terminate this Lease, such termination to be effective as of the proposed relocation date as set forth in Landlord's notice. Failure by Tenant to timely exercise such right shall be deemed a waiver with respect thereto and confirmation that the New Premises are acceptable to Tenant. Tenant shall have the right to accept the New Premises only for the unexpired Term of this Lease. Notwithstanding anything hereinabove to the contrary, should Tenant timely notify Landlord of Tenant's election to terminate this Lease, Landlord shall have the right to rescind Landlord's relocation notice to Tenant, within thirty (30) days after receipt of Tenant's notice to terminate and Tenant's termination notice shall be of no force and effect. In the event this Lease terminates as provided in this Subsection 2.6.2 (and not pursuant to any other section in this Lease), Landlord shall pay all Tenant, as Tenant's sole and exclusive remedy subject to Tenant's compliance with the surrender provisions of this Lease, the unamortized out-of-pocket expenses incurred cost actually paid for by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of for Tenant's initial leasehold improvements and other capital improvements for which Landlord has given it prior written consent as the Premises; and 15.18.3 Such relocation shall reasonably substantiated by documentation, such amortization to be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, and Tenant shall be obligated to relocate to the Relocated Premises calculated in accordance with the Relocation Notice Amortization Basis (Tenant shall provide to Landlord paid receipts of such costs and expenses for such leasehold improvements) the other terms and provisions of ("Termination Payment"). In the event this Section 15.18. There Lease terminates as set forth in this Subsection 2.6.2, Tenant shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all surrender possession of the terms and provisions of this Premises to Landlord pursuant to Section 15.1820.3.

Appears in 1 contract

Sources: Lease Agreement (Allied Esports Entertainment, Inc.)

RELOCATION OF PREMISES. (a) In the event the Premises leased to Tenant contain less than one-half of the total square feet of rentable floor area within all of the improvements located on the Property, Landlord mayreserves the right at any time after the 1st year anniversary of the Rental Commencement-Date, and upon ninety giving not less than sixty (9060) days prior written notice to Tenant, to transfer and remove Tenant (the “Relocation Notice”), relocate from the Premises herein specified to any other premises within Comparable Space (as hereinafter defined) in the Building (hereinafter referred to improvements located on the Property and at an equivalent rental rate. The term “Comparable Space” as the “Relocated Premises”)used herein shall mean other space which, provided that each in Landlord’s reasonable opinion, is of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially equal size and has a comparable layout, substantially the same size as number of windows, and comparable visibility within the Premises; (b) have substantially the same configuration center. If Landlord determines in good faith that there is no Comparable Space and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Tenant declines to relocate to other available, non-comparable space, then Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and have the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption right to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering initial written notice from Landlord to Tenant. Landlord shall bear the expense of termination said removal and the expense of any renovations or alterations to said substituted space necessary to make the same substantially conform in arrangement and layout to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Responseoriginal space described in this Lease. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s ResponseLandlord exercises such option, then the parties substituted space shall for all purposes hereof be deemed to have waived their respective rights to terminate be and constitute Premises under this Lease pursuant to this Section 15.18and all terms, and Tenant shall be obligated to relocate to the Relocated Premises in accordance with the Relocation Notice and the other terms conditions, covenants, warranties, agreements and provisions of this Section 15.18Lease, including, but not limited to, the rental rate per square foot and other rental adjustments shall continue in full force and effect and shall apply to the substituted space. There shall be no abatement of any Rent or other sums payable hereunder on account of Tenant agrees to vacate the Premises herein specified and to relocate to said substituted space promptly after the substituted space is ready for tenant occupancy as provided herein, and Tenant’s relocation or any inconvenience or business loss caused failure to do so shall constitute an event of default by Tenant thereby so long as Landlord complies with all of the terms and provisions of under this Section 15.18Lease.

Appears in 1 contract

Sources: Lease Agreement (Colony Bankcorp Inc)

RELOCATION OF PREMISES. Landlord mayThe ▇▇▇▇▇▇▇▇▇ Premises is in the process of being converted from a single user facility to a multi-tenant/multi-use facility. In connection with the transition, upon ninety (90) days prior written notice it is the Sub-Sublandlord’s intention, in conjunction with the Overlandlord and/or Prime Sublandlord, to Tenant reconfigure the Building, including the Premises from time to time in order to improve the efficient use and redevelopment of the Building and to separately demise the Sub-Subleased Premises from the Premises. In this regard, Sub-Sublandlord, in its sole discretion, shall have the right from time to time to change the location of the Sub-Subleased Premises, with the exception of the portion of the Sub-Subleased Premises in which the Tech Ceram/Diode Areas, as defined below, is located to other space (the “Relocation NoticeSubstituted Sub-Subleased Premises”) in the Building, subject to the terms and conditions set forth below: (i) Sub-Sublandlord and Sub-Subtenant agree and acknowledge that no relocation and Phase II Demising Work, as hereinafter defined, shall occur for a period of two (2) months following the Commencement Date, other than Phase I Demising Work (the “Planning Stage”) but that the parties hereto shall consult on an ongoing basis in good faith with respect to all Phase I Demising Work or Phase II Demising Work and the planned relocation. At the end of the Planning Stage and if Sub-Subtenant has made a Ratification Election, as hereinafter defined, the amount of square footage required by Sub-Subtenant post completion of the Phase II Demising Work and relocation, taking into account operations Sub-Subtenant may relocate to other locations or otherwise remove (the “Removal”), relocate shall be determined by Sub-Subtenant and may result in a reduction to the square footage of the Sub-Subleased Premises to any other premises within for the Building (hereinafter referred to as the “Relocated Premises”)purposes of this Sub-Sublease upon completion by Sub-Subtenant of such Removal, provided that each the size of the following conditions are satisfied:Sub-Subleased Premises shall not be less than 100,000 square feet. 15.18.1 The Relocated Premises (ii) Within sixty (60) days of the Commencement Date, Sub-Subtenant shall notify Sub-Sublandlord in writing of its intention to either (a) are substantially terminate this Sub-Sublease effective within six (6) months of the same size as date of delivery of the Premises; notice of election to terminate (a “Termination Election” and the end of such six month period the “Election Termination Date”) or (b) have substantially ratify the same configuration Sub-Sublease and leasehold improvements as the Premises; and continue to be bound by its terms (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business“Ratification Election”). Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of a Termination Election by Sub-Subtenant, Sub- Subtenant shall vacate all of the Sub-Subleased Premises with the exception of (i) the Tech Ceram manufacturing line area consisting of approximately 37,800 square feet of space located in ▇▇▇▇▇ ▇ ▇▇▇▇ ▇ of the building and the Diode manufacturing line consisting of about 37,800 square feet of space located on ▇▇▇▇▇ ▇ ▇▇▇▇ ▇ of the Building (collectively the “Tech Ceram/Diode Areas). Sub-Subtenant may continue to lease the Tech Ceram/Diode Areas for the remainder of the Term of this Sub-Sublease and otherwise upon the same terms as contained in this Sub-Sublease except that the rate of Fixed Rate for the Tech Ceram/Diode Areas shall be calculated at the rate of $6.50 per square foot commencing on the Election Termination Date. Sub-Sublandlord shall be permitted to demise the Tech Ceram/Diode Areas by constructing demising walls to separate the Tech Ceram/Diode Areas from adjacent common areas and with appropriate means of ingress and egress. The cost of such demising shall be shared equally by the Sub-Sublandlord and Sub-Subtenant. (iii) If Sub-Subtenant makes a Ratification Election then, in such event the demising work mutually agreed upon by the parties for the relocation of their respective office, administrative and manufacturing facilities within the Premises (the “Phase II Demising Work”) shall be completed as follows: (a) The Sub-Subleased Premises shall be relocated by Sub-Sublandlord to the Substituted Sub-Subleased Premises. The cost of the Phase II Demising Work applicable to the Substituted Sub-Subleased Premises shall be paid by Sub-Subtenant within ten (10) Business Days following Sub-Subtenant’s receipt of Sub-Sublandlord’s reasonably detailed ▇▇▇▇; provided, however, that (a) the cost of any demising walls between the Substituted Sub-Subleased Premises and the Sub-Sublandlord’s operational areas (excluding walls that adjoin common areas) shall be paid equally by each party and (b) if Sub-Sublandlord obtains an allowance for the Phase II Demising Work under the terms of the Prime Lease Extension, which allowance is reflected in the Rent, the cost of the Phase II Demising Work for the Substituted Sub-Subleased Premises shall be reduced by the amount of the applicable allowance which shall then be amortized over a term of four (4) years, provided further, that if Sub-Subtenant does not exercise either of the Further Extension options or the Sub-Sublease is otherwise terminated, Sub-Subtenant shall pay the unamortized and unpaid portion of the Phase II Demising Work applicable to the Substituted Subleased Premises in a lump sum on the date of termination of this Sub-Sublease. In addition, Sub-Subtenant shall pay at its sole cost and expense for relocation of Sub-Subtenant’s Office Space operations to the Substituted Subleased Premises. (iv) The floor plan for the Substituted Sub-Subleased Premises shall to be laid out in a reasonably efficient manner and shall be of materially equivalent operational functionality as the Sub-Subleased Premises as existing on the Commencement Date. For the purposes of payment of any Rent hereunder, in no event shall the square footage of the Sub-Subleased Premises be increased beyond 185,000 square feet, provided that in the event such square footage is decreased below 185,000 square feet, Sub-Sublandlord shall agree to proportional reductions in Rent and other related material matters or Expenses, other than Energy Expenses, under this Sub-Sublease. (v) With the exception of the Phase I Demising Work, Sub-Sublandlord shall give Sub-Subtenant not less than thirty (30) days prior notice of Sub-Sublandlord’s decision to relocate Sub-Subtenant and Sub-Subtenant agrees that within (y) such thirty (30) day period or (z) such other time period as mutually agreed by the parties, Sub-Subtenant shall relocate to the Substituted Sub-Subleased Premises. (vi) Sub-Subtenant shall bear and pay the cost and expense of any relocation (including without limitation, moving expenses, cost of space planning and design, costs associated with installation of telephone system, computers and other equipment, and Sub-Subtenant’s personnel costs associated with the relocation), provided further that Sub-Subtenant shall not be entitled to any compensation for damages for any interference with or interruption of its business during or resulting from such relocation, provided that Sub-Sublandlord has made reasonable efforts to minimize such interference. Sub-Subtenant shall cooperate with Sub-Sublandlord to facilitate the prompt completion by Sub-Sublandlord and Sub-Subtenant of their respective obligations under this Lease section. Without limiting the generality of the foregoing, Sub-Subtenant agrees to provide promptly to Sub-Sublandlord such approvals, instructions, plans, specifications and other information as may be reasonably requested by Sub-Sublandlord. In connection with any relocation, Sub-Subtenant shall continue at its cost and expense furnish and install in full force (or if practicable, relocate to) the Substituted Sub-Subleased Premises all wall partitions, floor coverings, if any, trade fixtures, equipment, furniture, furnishings and effect without any change other personal property belonging to Sub-Subtenant or its invitees. (vii) Any payments of new Fixed Rent and additional rent amounts resulting from the difference in the terms or conditions thereof, except that size of the Relocated Substituted Sub-Subleased Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party within commence ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, and Tenant shall be obligated to relocate Sub-Subtenant has completed its physical relocation to the Relocated Premises Substituted Sub-Subleased Premises, taking into account any adjustment in accordance with Rent resulting from the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms and provisions of this Section 15.18Prime Lease Extension.

Appears in 1 contract

Sources: Purchase Agreement (M/a-Com Technology Solutions Holdings, Inc.)

RELOCATION OF PREMISES. Throughout the term of this Lease, including any extensions or renewals thereof, Landlord mayshall have the one time right, upon at its sole cost and expense, on at least ninety (90) days days' prior written notice, to request Tenant to move from the Premises to another suite of equal or greater size, amenities and decor, including build-out of such relocation space, in the Building or the Project (the "RELOCATION PREMISES") in accordance with the plans and specifications originally prepared for the Premises, using materials of like quality as those used in the build-out of the original Premises provided, however, that in the event of receipt of any such notice, Tenant by written notice to Tenant Landlord delivered not more than fifteen (15) days after receipt of Landlord's request for relocation may elect not to move to the Relocation Notice”)Premises and in lieu thereof to terminate this Lease, relocate in which case the Premises to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation termination shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced effective as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty ninetieth (2090th) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days day after the date of the Relocation Notice by delivering written notice delivery of Landlord's relocation request. If Tenant fails to exercise such termination to the other party right within ten fifteen (1015) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response's request for relocation, then the parties Tenant shall be deemed to have waived their respective rights agreed to terminate such relocation. If Tenant exercises such termination right in a timely manner, Landlord may, by notice delivered to Tenant not more than fifteen (15) days after such termination notice, rescind its relocation request, in which case Tenant's termination notice shall become void and this Lease pursuant to shall continue as if no relocation request were ever made. If Tenant exercises such termination right in a timely manner, this Section 15.18, and Lease shall terminate immediately upon the date set forth in Tenant's notice. Tenant shall not be obligated to relocate pay any early termination penalties, including, but not limited to commissions and tenant improvement costs and, shall only be obligated for rent and additional rent up to the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder on account date of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all 's occupancy of the terms and provisions of this Section 15.18Premises.

Appears in 1 contract

Sources: Office Lease Agreement (Netsol Technologies Inc)

RELOCATION OF PREMISES. A. In the event Landlord mayshall add additional buildings to the Center or expand any of the buildings currently contained therein or renovate or reconfigure any part of the Center in the vicinity of the Premises, Landlord shall have the right, subject to Landlord’s and Tenant’s right of termination as set forth in subparagraph (B), to require Tenant to relocate its operation, at Tenant’s expense, to other premises (the “New Premises”) in another part of the Center or building in accordance with the following: (i) Landlord shall notify Tenant, at least one hundred fifty (150) days prior to the proposed relocation date, of Landlord’s intention to relocate Tenant’s operation to the New Premises; (ii) The proposed relocation date and the size, configuration and location of the New Premises shall be set forth in Landlord’s notice; and (iii) The New Premises shall be substantially the same in size and configuration as the Premises described in the Lease. B. In the event the New Premises described in Landlord’s relocation notice are unacceptable to Tenant, Tenant shall have the right, exercisable by written notice to Landlord, given thirty (30) days following receipt of Landlord’s relocation notice, to terminate this Lease, such termination to be effective as of the proposed relocation date as set forth in Landlord’s notice. Failure by Tenant to timely exercise such right shall be deemed a waiver with respect thereto and confirmation that the New Premises are acceptable to Tenant. In addition, if Tenant fails to exercise such right of termination by written notice to Landlord given within thirty (30) days following receipt of Landlord’s relocation notice or to accept the New Premises in writing by written notice to Landlord given within thirty (30) days following receipt of Landlord’s relocation notice, then Landlord shall have the right, at any time thereafter, to terminate this Lease effective the later of (a) thirty (30) days following Tenant’s receipt of Landlord’s notice of termination or (b) the proposed relocation date as set forth in Landlord’s relocation notice. Tenant shall have the right to accept the New Premises only for the unexpired term of this Lease. C. In the event Landlord requires the relocation of Tenant’s operation for any other reason, then Landlord reserves the right at any time during the Lease Term hereof to require Tenant to relocate to the New Premises upon the following terms and conditions: (a) the New Premises shall contain a Store Floor Area which shall not vary more than ten percent (10%) from the Store Floor Area contained in the Premises; (b) Landlord shall notify Tenant not less than ninety (90) days prior written notice to the date Tenant (the “Relocation Notice”), relocate the Premises is required to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each surrender possession of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (bc) have substantially Landlord shall, at Landlord’s cost and expense, complete the same configuration and leasehold improvements as in the New Premises, in accordance with the plans and specifications approved by Landlord with respect to Tenant’s original work in the Premises; (d) Tenant shall, within fifteen (15) days after possession of the New Premises has been tendered to Tenant, open for business in the New Premises; and (ce) have substantially Tenant shall surrender possession of the same view as Premises to Landlord in accordance with the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs provisions of changes in signs, stationery costs, moving costs, reinstallation Section 9.3 within fifteen (15) days after possession of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated New Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption has been tendered to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full force and effect without any change in the terms or conditions thereof, except that the Relocated . D. The New Premises shall be substituted for subject to the original same terms, conditions and covenants as the Premises and except that if the Relocated Store Floor Area of the New Premises are smaller than differs from the Store Floor Area of the Premises, then the Base Minimum Rent and Tenant’s Share Sales Breakpoint shall be proportionately reduced as adjusted. Upon the occurrence of the date on which Tenant surrenders the Premises; provided, that there shall be no increase to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease any relocation pursuant to this Section 15.182.5, and the parties hereto shall promptly execute an amendment to this Lease reflecting such relocation of Tenant shall be obligated to relocate and, if applicable, any adjustment to the Relocated Premises in accordance with the Relocation Notice Minimum Rent and the other terms and provisions of this Section 15.18. There shall be Sales Breakpoint. E. Landlord has made no abatement of representation as to any Rent additional improvements or other sums payable hereunder on account of Tenant’s relocation stores or any inconvenience existing stores in the Center and this provision does not create any rights of option, first refusal or business loss caused otherwise with respect to Tenant thereby so long as Landlord complies with all of any present or future space in the terms and provisions of this Section 15.18Center.

Appears in 1 contract

Sources: Lease Agreement (Impossible Kicks Holding Company, Inc.)

RELOCATION OF PREMISES. For the purpose of maintaining an economical and proper distribution of tenants acceptable to Landlord maythroughout the Project, upon ninety Landlord shall have the right after the fifth (905th) days prior written notice anniversary of the Commencement Date and from time to Tenant (time during the “Relocation Notice”), Term thereafter to relocate the Premises to any other premises within the Building (hereinafter referred to as the “Relocated Premises”)Project, provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same rentable and usable area of the new Premises is of equivalent size as to the existing Premises; , subject to a variation of up to ten percent (10%), (b) have Landlord shall pay the cost of providing tenant improvements in the new Premises, which shall be substantially comparable in layout to those in the same configuration existing Premises, and leasehold improvements as the Premises; costs of replacement business cards and stationery, provided that such costs are approved by Landlord prior to being incurred, which approval shall not be unreasonably withheld, and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred reasonable costs (to the extent such costs are submitted in writing to Landlord and approved in writing by Landlord prior to such move) of moving Tenant's Trade Fixtures and personal property to the new Premises. Landlord shall deliver to Tenant in connection with any such relocationwritten notice of Landlord's election to relocate the Premises, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, specifying the new location and the expense amount of furnishing rent payable therefor, at least sixty (60) days prior to the Relocated Premises with substantially date the same type and quality relocation is to be effective. Notwithstanding the foregoing, Landlord agrees that it shall not exercise its right to relocate Tenant under this Section 32 for the sole purpose of leasehold improvements as expanding the Premises; and 15.18.3 Such premises of a tenant of the Building whose entire premises prior to such relocation of Tenant consist of one floor or less of the Building, unless such expansion is reasonably anticipated by Landlord, whether in single transaction or a series of transactions, to result in such tenant occupying more than two full floors of the Building. This Section 32 shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue in full no force and effect without any change in at such times as Tenant is leasing, directly from Landlord, whether by way of amendments to this Lease or the terms or conditions thereofexecution of new direct leases with Landlord, except that the Relocated Premises shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as at least all of the date on which Tenant surrenders rentable square footage of at least one floor of the Premises; provided, that there shall be no increase to Building. If the Base Rent and Tenant’s Share if relocation of the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice acceptable to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate have the right (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party Landlord within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights 's relocation notice) to terminate this Lease. If Tenant so notifies Landlord, Landlord at its option may (i) withdraw its relocation notice, in which event this Lease pursuant to this Section 15.18, shall continue and Tenant shall not be obligated to relocate to the Relocated Premises relocated, or (ii) accept Tenant's termination notice, in accordance with the Relocation Notice and the other terms and provisions of which event this Section 15.18. There Lease shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long terminate effective as Landlord complies with all of the terms and provisions of this Section 15.18date the relocation was to be effective.

Appears in 1 contract

Sources: Lease Agreement (Imall Inc)

RELOCATION OF PREMISES. a) On the date that Landlord may, upon ninety has substantially completed the Landlord Work (90as defined herein) days prior and delivered written notice to Tenant of the same (such date, the “Relocation NoticeSubstitute Premises Commencement Date”), relocate that portion of the fourth (4th) floor of the Building commonly known as Suite 400 and having an agreed upon rentable area of 20,105 rentable square feet and depicted on Exhibit A-1 attached hereto (“Substitute Premises”) shall be substituted for the Existing Premises (and the Substitute Premises shall thereupon be deemed the Premises to any other premises within under the Building (hereinafter referred to Lease) upon all of the terms and conditions of the Existing Lease except as the same are expressly modified by this Amendment. On the Substitute Premises Commencement Date, Exhibit A to the Existing Lease shall be deleted and replaced with Exhibit A-1 attached hereto. b) Tenant agrees to accept the Substitute Premises in its current Relocated AS IS — WHERE IS” condition and acknowledges that Tenant shall not receive any allowances, abatements, or other financial concessions in connection with the Substitute Premises; provided, however, that: (i) Landlord, at Landlord’s sole cost and expense, shall perform the work depicted on the conceptual plan dated January 18, 2011, and attached hereto as Exhibit B (“Landlord’s Work”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (cii) have substantially Landlord shall cause those portions of the same view as Building’s electrical, plumbing, and mechanical systems located in the Premises; 15.18.2 , including the HVAC system, to be in good working condition. The Landlord’s Work shall be performed in a first-class workmanlike manner, using building standard materials and finishes. Landlord has no actual knowledge of any violation of laws, ordinances and regulations applicable to the Substitute Premises, including the ADA. Landlord shall pay all out-of-pocket expenses incurred by use commercially reasonable efforts to complete the Landlord’s Work on or before March 1, 2011, but Landlord shall have no liability to Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocation, this Lease shall continue remain in full force and effect without any change in if Landlord is unable to complete the terms Landlord Work on or conditions thereofbefore March 1, except that 2011. c) Tenant shall have the Relocated right to occupy the Substitute Premises prior to the Substitute Premises Commencement Date for the purpose of preparing the same for Tenant’s occupancy. Such occupancy shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premises, the Base Rent and Tenant’s Share shall be proportionately reduced as of the date on which Tenant surrenders the Premises; provided, that there shall be no increase subject to the Base Rent and Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective ninety (90) days after the date of the Relocation Notice by delivering written notice of termination to the other party within ten (10) days after Landlord’s receipt of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt of the Tenant’s Response, then the parties shall be deemed to have waived their respective rights to terminate this Lease pursuant to this Section 15.18, and Tenant shall be obligated to relocate to the Relocated Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18. There shall be no abatement of any Rent or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms and provisions of this Section 15.18the Existing Lease except: (i) Tenant shall not be required to pay Base Rent or Additional Rent with respect to the Substitute Premises, or for electricity consumed from the Substitute Premises until the Substitute Premises Commencement Date (provided, however that Tenant shall continue to pay Base Rent and Additional Rent for the Existing Premises and to pay for electricity consumed from the Existing Premises during such period in accordance with the Existing Lease): and (ii) Tenant shall permit Landlord to perform the Landlord Work in the Substitute Premises, shall minimize its interference with the performance of the Landlord Work, and agrees that Landlord shall not be liable for any interference with Tenant’s use of the Substitute Premises and, to the extent permitted by law waives all claims against Landlord for damage to persons or property resulting from Landlord’s performance of the Landlord Work, except for claims arising from Landlord’s intentional misconduct.

Appears in 1 contract

Sources: Lease (Biosante Pharmaceuticals Inc)

RELOCATION OF PREMISES. Landlord may, upon ninety (90) days prior written notice to Tenant (the “Relocation Notice”), relocate the Premises to any other premises within the Building (hereinafter referred to as the “Relocated Premises”), provided that each of the following conditions are satisfied: 15.18.1 The Relocated Premises (a) are substantially the same size as the Premises; (b) have substantially the same configuration and leasehold improvements as the Premises; and (c) have substantially the same view as the Premises; 15.18.2 Landlord shall pay all out-of-pocket expenses incurred by Tenant in connection with any such relocation, including all costs of changes in signs, stationery costs, moving costs, reinstallation of telephone and computer equipment, wiring and cabling, and the expense of furnishing the Relocated Premises with substantially the same type and quality of leasehold improvements as the Premises; and 15.18.3 Such relocation shall be accomplished in a manner that will minimize the disruption to Tenant’s business. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One In the event of such relocationan expansion, this Lease shall continue in full force and effect without any change renovation or remerchandising of the Shopping Center in the terms vicinity of the Premises, Landlord may elect, by giving notice of such election to Tenant, to require Tenant to surrender possession of all or conditions thereofsuch portion of the Premises and for such period of time (including the remainder of the Term) as Landlord, in its sole discretion, shall deem to be required for such purposes. Such election shall be exercised not more than once during the Term, except that the Relocated Premises if any such notice of election shall be substituted for the original Premises and if the Relocated Premises are smaller than the Premiseswithdrawn by Landlord, the Base Rent and Tenant’s Share same shall be proportionately reduced as deemed not to have been given. Landlord's notice of the date on exercise of such election shall designate (i) the portion of the Premises required for such purposes, (ii) the period of time during which Tenant surrenders the Premises; provided, that there such surrender shall be no increase to required, and (iii) the Base Rent and date by which possession of same shall be surrendered by Tenant’s Share if the Relocated Premises is larger than the original Premises. If Tenant , which date shall not desire to so relocate, then within twenty (20) days after Landlord sends the Relocation Notice to Tenant, Tenant shall notify Landlord that Tenant does not desire to relocate (the “Tenant’s Response”), and either Landlord or Tenant may, but shall have no obligation to, terminate this Lease effective be earlier than ninety (90) days after the date on which such notice is given. If Tenant shall be required to surrender possession of all or a portion of the Relocation Notice by delivering written notice Premises for a period of termination to time which is less than the other party within ten (10) days after Landlord’s receipt remainder of the Tenant’s Response. If neither party timely delivers notice of termination after Landlord’s receipt Term, Rental shall ▇▇▇▇▇ as to such portion or all of the Premises required to be surrendered, such abatement to be effective beginning as of the date Tenant is required to surrender such possession and continuing until the date on which Landlord redelivers possession to Tenant’s Response. For purposes of determining the extent of such abatement of Rental, then the parties Tenant's Floor Area hereunder shall be deemed to have waived their respective rights be reduced during the abatement period by the number of square feet contained in the portion of the Premises of which possession is required to terminate be surrendered. If Tenant shall be required to surrender possession of a portion of the Premises for the entire remainder of the Term. this Lease pursuant shall terminate as to this Section 15.18such portion as of the date on which Tenant is required to surrender possession thereof to Landlord and all Rental shall be proportionately reduced. For purposes of determining the extent of such reduction of Rental, Tenant's Floor Area hereunder shall be deemed to be reduced as of the date of such termination by the number of square feet contained in the portion of the Premises of which possession is required to be surrendered. If Tenant shall be required to surrender possession of a portion of the Premises, Landlord shall (a) provide any permanent or temporary barriers required by the nature of Landlord's use of such portion, which barriers shall be constructed in such a manner so as to not materially interfere with Tenant's business operations in the Premises; and (b) make such alterations as may be necessary in order to restore the remainder of the Premises to useful condition. If Tenant shall be required to surrender possession of a portion of the Premises and the remainder of the Premises shall be rendered unsuitable for the Permitted Use, or if Tenant shall be required to surrender possession of the entire Premises, Landlord shall have the further right and option to cause Tenant to relocate its business, within ninety (90) days after notice to do so, to another location within the Shopping Center Area, comparable in size and location to the Premises, mutually agreed upon by Landlord and Tenant. Within sixty (60) days after any such notice shall be given, Landlord and Tenant shall execute and deliver an amendment to this Lease which shall substitute a description of the premises to which Tenant is to be obligated relocated for the description of the Premises contained herein and shall modify Tenant's Floor Area accordingly; otherwise all of the terms and conditions of this Lease shall be applicable to Tenant's occupancy of the new premises. If Landlord and Tenant cannot agree on a new location within such sixty (60) days after notice of the exercise by Landlord of its relocation option described in the preceding paragraph, then Landlord may elect to withdraw its notice requiring Tenant to relocate its business, in which event Tenant shall remain in possession of the Premises and this Lease shall remain in full force and effect. If Landlord shall not elect to withdraw its notice requiring Tenant to relocate its business, the Term shall terminate on the ninetieth (90th) day after such notice, in which event Landlord agrees to pay to Tenant, provided Tenant is not in default under this Lease, and provided Tenant shall have furnished Landlord with the statement referred to in the last sentence of this paragraph, an amount equivalent to the Relocated unamortized value of Tenant's leasehold improvements which were installed in the Premises at Tenant's sole cost and expense. Said amortization shall be determined on the straight-line depreciation method allowed by the Internal Revenue Code of 1986 (as amended) assuming a depreciation period commencing with the placement in service of such leasehold improvements and ending on the date of expiration of the Term determined pursuant to Section 3.1. Payment of the amount equivalent to the unamortized value of Tenant's leasehold improvements will be made to Tenant within thirty (30) days after Tenant shall have vacated the Premises in accordance with the Relocation Notice and the other terms and provisions of this Section 15.18Lease, provided that Landlord shall have the right to deduct therefrom any amounts due Landlord from Tenant pursuant to this Lease. There For purposes of this Section, "Tenant's leasehold improvements" shall include partitioning, electrical wiring, plumbing (other than plumbing fixtures), painting, wallpaper, storefront and other permanent improvements installed, affixed or attached in or to the Premises, but shall not include (x) Tenant's inventory or stock in trade, (y) such trade fixtures, electrical fixtures, equipment or apparatus as are removable by Tenant at the expiration of the Term pursuant to Article VII, or (z) Landlord's fixtures or other improvements installed by or at the expense of Landlord. In order for Tenant to be entitled to payment of the unamortized value of its leasehold improvements as set forth in this paragraph, Tenant shall, within sixty (60) days after commencement of the Term. furnish to Landlord a statement, signed by an independent certified public accountant, setting out in detail the cost of Tenant's leasehold improvements. If this Lease shall be no abatement of terminated as to any Rent portion or other sums payable hereunder on account of Tenant’s relocation or any inconvenience or business loss caused to Tenant thereby so long as Landlord complies with all of the terms Premises pursuant to this Section, the rights and provisions obligations of the parties hereunder shall cease as of the date specified herein and Rental (other than any Additional Rental due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusted as of the date of such termination. No further documentation shall be required to effect the termination of this Section 15.18Lease, but each party agrees that, upon the written request of the other party to do so, it shall execute, acknowledge and deliver an appropriate instrument evidencing such termination prepared by or at the expense of the party requesting the same.

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Sources: Lease Agreement (Boston Restaurant Associates Inc)