Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 3 contracts
Sources: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Cirius Therapeutics, Inc.), Assignment and Assumption of Lease (Cirius Therapeutics, Inc.)
Relocation. A. LandlordTenant shall make reasonable efforts to relocate to the New Premises as soon as is practical after Substantial Completion of the New Premises Landlord Work, at any time during it being understood and agreed by the Extension Termparties that, notwithstanding the date of Substantial Completion of the New Premises Landlord Work, Tenant shall have the right no obligation to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New PremisesPremises prior to June 30, 2014 if such an earlier date is not reasonably convenient for Tenant’s business operations. The New Premises Commencement Date shall (i) be comprised the date upon which New Landlord achieves Substantial Completion of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing Work and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive delivers possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred subject to the aforementioned right by Tenant to defer occupancy prior to June 30, 2014. Tenant shall be deemed to be in so relocating Default if Tenant has not both: a) relocated to the New Premises from and b) delivered possession of the Old PremisesExisting Premises back to Landlord in broom-clean, de-commissioned and de-contaminated condition as specified in the Lease within thirty seven (307) days after TenantNew Landlord’s request therefor and Tenant’s submission to Landlord delivery of reasonable supporting documentation therefor.
D. From and after possession of the Relocation DateNew Premises, all references again subject to the Premises herein shall mean April 30, 2014 date. Tenant hereby agrees and acknowledges that prior to the New Premises rather than Commencement, the Old PremisesLandlord under this Lease shall be Landlord and that following said date the Landlord under this Lease shall become New Landlord, and that following the New Premises Commencement Date Landlord shall have no further obligations nor liabilities to Tenant, and that this Lease shall thereafter be construed as a lease agreement solely between Tenant and New Landlord.
Appears in 3 contracts
Sources: Lab Lease (OmniAb, Inc.), Lease Agreement (Avista Public Acquisition Corp. II), Lab Lease (OmniAb, Inc.)
Relocation. A. LandlordLandlord shall have the right, at any time during the Extension Term, shall have the right and from time to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than time upon ninety (90) days before the date that the relocation becomes effective days' prior written notice to Tenant, to relocate Tenant to other premises (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the "New Premises. ") within the Shopping Center; subject, however, to the following terms and conditions:
(a) The New Premises shall (i) be comprised of rentable area equal to or greater than have approximately the rentable area of same Floor Area as is contained in the Old Premises, (iib) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised shall be leased to Tenant on the same terms and conditions as provided in this Lease, except that there shall be a proportionate adjustment of a rentable area greater than Minimum Annual Rental and Additional Rental based upon the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct Floor Area in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant (c) Landlord shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises pay to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after following the date Tenant initially opens for business in the New Premises, those expenses reasonably incurred by Tenant in connection with the relocation of Tenant’s request therefor 's personal property; provided. however, Tenant has first provided Landlord with an itemized list of these expenses (accompanied with copies of invoices and Tenant’s submission proofs of payment of same), and (d) Landlord shall pay all costs of the leasehold improvements to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean be constructed at the New Premises rather than and such leasehold improvements shall be substantially similar to the Old leasehold improvements in the Premises. In its notice to Tenant, Landlord shall set forth a timetable for completion of the leasehold improvements in the New Premises. If the New Premises is unacceptable to Tenant for any reason, Tenant shall have the right as its sole remedy hereunder, upon written notice to Landlord to be given within thirty (30) days after Landlord's notice of relocation to Tenant, to terminate this Lease on thirty (30) days' written notice to Landlord. Landlord shall pay to Tenant, within sixty (60) days after said notice is given and upon vacation of the Premises by Tenant, the unamortized book value of Tenant's leasehold improvements, excluding items removable by Tenant at the expiration of the Term pursuant to Section 27.24 (to the extent said leasehold improvements were paid for by Tenant, as evidenced by invoices and proofs of payment of same), depreciated on a straight-line basis over the Term, and Tenant shall provide Landlord with a bill ▇▇ sale for said leasehold improvements.
Appears in 2 contracts
Sources: Retail Space Lease (Silicon Entertainment Inc /Ca/), Retail Space Lease (Silicon Entertainment Inc /Ca/)
Relocation. A. Landlord, at any time 16.9.1 The Landlord may during the Extension TermTerm relocate the Tenant to alternative premises if:
(a) the Landlord gives the Tenant details of a genuine proposal to carry out a refurbishment, shall have redevelopment or extension of the right to relocate Tenant from Building within a reasonably practicable time after the Leased Premises relocation that cannot be carried out practicably without vacant possession of the Premises; and
(for purposes of this Section, b) the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as Landlord gives the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later less than ninety 3 months’ notice (90relocation notice) days before containing details of an alternative premises, and offering the date that Tenant a new lease of those premises on the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall same terms as this Lease except that:
(i) be comprised of rentable area equal to or greater than the rentable area term of the Old Premisesnew lease will begin at the earlier of 1 month after the alternative premises are made available to the Tenant for fitout purposes and the day on which the Tenant begins trading from the alternative premises, and will end on the Terminating Date; and
(ii) the rent will be similar adjusted (if necessary) to take into account the difference in configuration to commercial values between the Old Premises, Premises and (iii) be within a 3 block radius the alternative premises.
16.9.2 The Landlord must notify the Tenant of the Old Premises. In no event shall rent it thinks should be payable for the monthly rental amount increase alternative premises when the relocation notice is given.
16.9.3 After receipt of the relocation notice, the Tenant may within 1 month of receipt of the relocation notice terminate this Lease by giving the Landlord termination notice and, in this case, the Lease will terminate 3 months after the date on which the relocation notice is given and the Tenant must:
(a) vacate the Premises on the terminating date; and
(b) if required by the Landlord, sign a surrender of lease instrument.
16.9.4 The Tenant is deemed to have accepted the relocation notice if the New Premises is comprised Tenant gives the Landlord a notice accepting it or does not give a termination notice under clause 16.9.3 and by virtue of such acceptance the Tenant must:
(a) sign a rentable area greater than the rentable area new lease of the Old Premises. Landlord, at Landlord’s expense, shall construct alternative premises and pay any duty;
(b) fitout the alternative premises in accordance with the New Premises, not later than requirements of the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesnew lease.
C. Tenant shall cooperate reasonably with 16.9.5 The Landlord in connection with Landlordmust pay the Tenant’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.relocation.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Relocation. A. Landlord, at any time during the Extension Termits expense, shall have the one-time right exercisable at any time before or during the Term upon one hundred twenty (120) days’ prior written notice to Tenant, to relocate Tenant from the Leased Premises to alternative space within the Park of reasonably comparable size, quality and utility (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation DateSpace”). A Relocation Notice Landlord shall not be effective unless Landlord includes therewith a floor plan identifying use commercially reasonable efforts to accomplish as much of any such relocation as is reasonably practicable during non-business hours, so as to minimize unnecessary interruption to the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area business of the Old PremisesTenant. Specifically, (ii) it is agreed that any such move shall be similar in configuration a so-called “white glove” move, with Tenant’s employees being responsible only to the Old Premisespack their personal items on a given date, and (iii) be within a 3 block radius upon completion of the Old Premisesmove only to unpack such personal items at their new work stations/offices. In no event To the extent reasonably practicable and subject to Tenant’s good faith cooperation to effectuate same, any such relocation shall entail a Friday pack-up and weekend move, with the monthly rental amount increase if goal that Tenant shall be ready to occupy and operate in the New Premises is comprised of a rentable area greater than the rentable area Relocation Space as of the Old Premises. Landlordfollowing Monday morning, at Landlordsubject to full cooperation of Tenant’s expense, shall construct IT and other organizational employees necessary to cause the same to occur in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection coordination with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the date of the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation DateSpace. Landlord shall pay Tenant’s reasonable costs of relocation, including all references costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the Premises herein new address. Notwithstanding the foregoing, Landlord agrees that it shall mean not exercise the New Premises rather than aforementioned relocation right within the Old Premiseslast twelve (12) months of the Term of this Lease.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (scPharmaceuticals Inc.)
Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right at any time to exercise relocate Tenant to any other leasable space in the Relocation Option only Property (or Project) provided that said space shall be approximately the same size as the Premises and that Landlord shall pay the cost of moving Tenant’s furniture and equipment to the new space. The new space shall include tenant improvements that are substantially equivalent to the tenant improvements contained in the Premises, and the cost of any required tenant improvements shall be paid by giving notice thereof (the “Relocation Notice”) Landlord. Landlord shall deliver substitute space to Tenant not later more than ninety one hundred eighty (90180) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. after Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing approves plans for the construction of such interior installation in required tenant improvements at the New Premisesnew space, if any. Tenant shall vacate not unreasonably withhold or delay its approval of any plans for the Old Premises and surrender vacant and exclusive possession construction of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenanttenant improvements. Landlord shall reimburse give Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within not less than thirty (30) days after advance notice of the estimated move in date. Prior to the date that Tenant is moved to the new space, Tenant shall remain in the Premises and shall continue to perform all of its obligations under this Lease. After Tenant moves into the new space, this Lease shall remain in full force and effect and be deemed applicable to such new space, except as to Base Rent, Tenant’s request therefor share of Operating Expenses and Taxes, all of which shall be adjusted based on the relationship between the number of rentable square feet in the original Premises and the number of rentable square feet in the new space; provided, however, in the event the square footage of the new space is greater than the Premises then Base Rent and Tenant’s submission Pro Rata Share shall not change. Upon Tenant’s election to be relocated, Landlord and Tenant shall amend this Lease to provide for the relocation of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 2 contracts
Sources: Lease Agreement (Keros Therapeutics, Inc.), Lease Agreement (Keros Therapeutics, Inc.)
Relocation. A. Landlord, at its sole expense, on at least 120 days’ prior written notice to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Complex. In the event of any time during such relocation, Landlord shall pay all the Extension Termexpenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises; (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling); and (c) that Tenant actually and reasonably incurs out-of-pocket (and which Tenant can document with written records) in connection with Tenant notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenant’s relocation. Tenant shall execute any reasonable amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to pay Rent (at the same rate per rentable square foot), shall continue in full force and effect and shall apply to the new premises; and (ii) Tenant shall move into the new premises. Notwithstanding anything to the contrary, Tenant shall have the right to relocate Tenant from terminate the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only Lease by giving written notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty not more than ten (3010) days after Tenant’s request therefor and receipt of Landlord’s relocation notice and, in such event, the Lease shall terminate on the date that is sixty (60) days after Landlord’s receipt of Tenant’s submission to termination notice unless Landlord revokes its relocation notice within ten (10) days from receipt of reasonable supporting documentation thereforTenant’s termination notice.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 2 contracts
Sources: Lease (Paratek Pharmaceuticals, Inc.), Lease (Paratek Pharmaceuticals, Inc.)
Relocation. A. LandlordAny Employee wishing to relocate to another reporting depot shall do so through the Job Posting Procedure under Article Should a Job Posting occur in an Employee's own permanent classification at another reporting depot, the Employee may submit application for such Job Posting. Notwithstanding the aforesaid, the Parties agree that when an Operator A vacancy exists, Employees holding a permanent Operator A classification, even those in another limited posting at any the time during of the Extension Termvacancy, will be polled in order of seniority to move to the vacant and the last Operator A vacancy created by said polling will subsequently be posted. Should an Employee in the Labourer classification wish to relocate to another reporting depot and/or Section, shall have make such request, in writing, to the right Operations Manager for consideration of transfer before new Employees are considered for the new Labourer vacancy. The Parties agree to relocate Tenant from the Leased Premises (for purposes of commit themselves to maintaining communications. To this Sectionend, the “Old Premises”Employer hereby agrees that Representatives of its administration will meet with Representatives of the Union from time-to-time, and preferably at least three (3) times per year, to other space in Landlord’s downtown Kalamazoo portfolio discuss problems, Employee concerns, methods to improve relations, and delivery of services to the public. The Committee shall consist of three (such other space being referred 3) members from each of the Parties. An Employer and a Union Representative shall be designated as joint Chairpersons, and shall alternately preside over the meetings. Minutes shall be taken at each meeting and will be circulated by the Employer to Committee Members as soon as possible following the “New Premises”) (meeting for review. The Committee shall not have jurisdiction over any matters which pertain to collective bargaining or are the “Relocation Option”).
B. Landlord responsibility of another joint committee. The Committee's Chairpersons shall have be responsible for making recommendations to their respective principals regarding the right to exercise issues discussed by the Relocation Option only by giving notice thereof (committee. Decisions of the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice Committee shall not be effective unless Landlord includes therewith a floor plan identifying binding upon the New PremisesEmployer or the Union. The New Premises union Representatives on the Committee shall (i) be comprised not suffer a loss of rentable area equal to or greater than pay for attending at the rentable area of Committee Meetings jointly attended by the Old PremisesParties. Effective April the Safety Footwear Subsidy for Permanent and Probationary Employees, (ii) be similar in configuration to the Old Premisesas determined by The Occupational Health and Safety Act, and (iii) Regulations for Construction Projects, will be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premisesamount of EIGHTY-FIVE DOLLARS per annum, not later than and will be paid out as a "non-taxable allowance" on the Relocation Date, an interior installation that is as comparable as reasonably practicable first full pay period in May of each year. The wearing of safety boots or safety shoes must also be in conformance with the Regional Safety Rules. Effective April 1st. the Safety Footwear Subsidy will increase to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty NINETY-FIVE (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.$95.00)
Appears in 1 contract
Sources: Collective Agreement
Relocation. A. LandlordTenant acknowledges that CyberOptics Corporation ("CyberOptics") or its successor or assignee is a tenant of the Building and has, at any time during the Extension Term, a prior right to expand its leased premises into the floor area on which the Premises are located. If CyberOptics properly exercises its expansion right and gives Lessor written notice thereof on or before October 1, 1998, then Lessor shall, on or before November 2, 1998, notify Tenant in writing of such exercise and shall also specify whether Lessor has commenced construction of or will be constructing a second building as part of its Golden Hills Development (the "Phase II Building"). If Lessor has not and will not be constructing the Phase II Building, then Lessor's notice to Tenant shall inform Tenant that it must vacate the Premises as of June 30, 1999. In such event, Tenant shall vacate the Premises on or before June 30, 1999, the Lease shall terminate as of June 30, 1999, and the parties hereto shall have no further rights or obligations hereunder except as the right same may have accrued prior to the Lease termination date. If Lessor has commenced or will be constructing the Phase II Building, and if Tenant is occupying the Premises at the time of Lessor's notice, then Lessor will further notify Tenant that Lessor will relocate Tenant from for the Leased Premises remainder of the Term, effective as of July 1, 1999, to a new premises in the Phase II Building similar in area and appropriateness for Tenant's purposes (for purposes "New Premises"). If Tenant is relocated, all of the terms of this SectionLease (excepting this Section 35) shall remain in full force and effect, Lessor shall pay the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying expenses of improving the New Premises. The New Premises shall (i) be comprised of rentable area equal with improvements comparable to or greater than those located in the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius Tenant shall pay all expenses of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlordmoving Tenant, at Landlord’s expenseits property, shall construct in signage and equipment to the New Premises, not later than including stationery and telephone relocation costs. Tenant further acknowledges that CyberOptics has a prior right to expand its leased premises into the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists floor area in the Old Premises.
C. Phase II Building where the New Premises would otherwise be located. If CyberOptics properly exercises its Phase II Building expansion option on or before October 1, 2001, then Lessor shall, on or before October 31, 2001, notify Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction writing of such interior installation in exercise and shall inform Tenant that it must vacate the New PremisesPremises as of June 30, 2002. In such event, Tenant shall vacate the Old New Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before June 30, 2002, this Lease shall terminate as of June 30, 2002, and the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of parties hereto shall have no further right or obligations hereunder except as the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating same may have accrued prior to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforLease termination date.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Lease (Videolabs Inc)
Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof right, at its option upon not less than sixty (the “Relocation Notice”) to Tenant not later than ninety (9060) days before prior written notice to Tenant, to relocate Tenant and to substitute for the date that Premises described above other space in the Building containing at least as much similar rentable area (not exceeding plus or minus 10%) as the Premises described in Section 1A above. If Tenant is already in occupancy of the Premises, then Landlord shall approve in advance the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised expenses for purposes of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to reimbursement for Tenant. Landlord shall reimburse Tenant for any 's reasonable moving and telephone relocation expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s quantities of new stationery upon submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to receipts for such expenditures incurred by T▇▇▇▇▇. The relocation premises will then become the Premises herein hereunder and the Rent and other sums payable hereunder will be adjusted, if necessary, to reflect any increase or decrease in the square footage of the Premises. The relocation premises shall mean be in the New upper tower portion of the building. Notwithstanding the foregoing, if Tenant is unwilling to accept any relocation premises proposed by Landlord, Tenant may terminate this Lease upon written notice to Landlord delivered within ten days following the date Tenant receives Landlord's notice as set forth above. In the event of such termination, Tenant will vacate the Premises rather than within sixty (60) days following the Old Premisesdate written notice of termination is delivered to Landlord and, in such event, this Lease will be terminated on the date the Premises are vacated and possession thereof is returned to Landlord.
Appears in 1 contract
Sources: Office Lease (Bf Enterprises Inc)
Relocation. A. (a) Subject to Section 8, the Original Premises shall be relocated to the premises shown on Schedule “A” attached hereto and identified as Unit 100 comprising approximately 5,000 square feet (the “Relocated Premises”). If required by the Landlord, the rentable area will be measured by the Landlord’s architect and all rent that is calculated upon it will be adjusted accordingly retroactive to the New Commencement Date (defined below).
(b) The Tenant shall not vacate nor close the Existing Premises for business until the New Commencement Date. In no event will the Tenant provide vacant possession of the Existing Premises later than five (5) days following the New Commencement Date.
(c) Prior to the Possession Date (as defined below) the Landlord shall provide, at any time during its expense, complete all work described in Schedule “B” attached hereto with respect to the Extension Term, shall have the right to relocate Tenant from the Leased Relocated Premises (for purposes of this Sectioncollectively, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation OptionWork”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”d) to The Tenant not later than will be given a fixturing period of ninety (90) days before the date that the relocation becomes effective (the “Relocation Fixturing Period”) commencing on the date set out in a written notice from the Landlord advising when the Landlord’s Work will be substantially completed in the Relocated Premises and the Relocated Premises is ready for the commencement of the Tenant’s work (the “Possession Date”). A Relocation Notice shall The estimated Possession Date is one hundred and eighty (180) days from the date this Agreement is fully executed and unconditional. During the Fixturing Period the Tenant will work diligently to complete all of the Tenant’s work to install its fixtures and inventory and to open for business within the Relocated Premises. During the Fixturing Period the Tenant will not be effective unless Landlord includes therewith responsible to pay rent for the Relocated Premises except for that arising by virtue of a floor plan identifying default of the New Tenant and except for utilities and garbage removal in respect of the Relocated Premises. The New All other terms of the Lease shall apply during the Fixturing Period. However, the Tenant will not be permitted access to the Relocated Premises shall until it has delivered to the Landlord:
(i) be comprised a certificate of rentable area equal to or greater than general liability insurance from its contractor in accordance with the rentable area Landlord’s general requirements and a certificate from the Tenant’s insurers indicating that all insurance required under the Lease is in full force and effect, and until this Agreement is fully executed by the Landlord and Tenant;
(ii) the Tenant’s professionally prepared plans and drawings of the Old PremisesTenant’s work which is subject to the Landlord’s prior written approval (not to be unreasonably withheld); and
(iii) confirmation that the Tenant has obtained all necessary permits to undertake the Tenant’s work.
(e) The rent commencement date of the Relocated Premises will be the earlier to occur of (i) the day immediately following the last day of the Fixturing Period referred to above, (ii) be similar in configuration the date on which the Tenant first opens any part of the Relocated Premises to the Old Premises, public for business and (iii) be within a 3 block radius the first anniversary of this Agreement (the Old Premises“New Commencement Date”). In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is Effective as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Commencement Date, all references in the Lease to “Premises” shall be deemed to be amended to be the Relocated Premises.
(f) From the Possession Date, the Tenant will have the right at its sole cost to install its signage on the bulkhead entrance to the Relocated Premises herein and signage on the exterior of the Relocated Premises, subject to the Landlord’s prior written approval and in accordance with municipal standards. All other signage including any pylon and directional signage will be as agreed to by both parties acting reasonably.
(g) Subject to Section 6 below, other than Landlord’s Work and any obligations of the Landlord under the Lease, all further renovations, alterations or improvements in or to the Relocated Premises are the sole responsibility of the Tenant and shall mean be undertaken and completed at the New Premises rather than Tenant’s expense and strictly in accordance with the Old provisions of the Lease and this Agreement.
(h) The Tenant acknowledges that the Landlord is going to redevelop the Shopping Centre and there may be noise and other disruptions to the Shopping Centre. As a result of any construction, the Tenant acknowledges that, it shall not be entitled to any compensation, or reduction or abatement of rent in connection therewith, provided that notwithstanding the foregoing, the Landlord agrees to use reasonable commercial efforts to minimize interruptions to vehicular and pedestrian traffic and interferences with the ordinary and lawful enjoyment of the Relocated Premises.
Appears in 1 contract
Relocation. A. Landlorda) Landlord must provide Tenant at least six (6) months’ prior written notice of any repairs, at any time maintenance or other work (the “Work”) during the Extension TermTerm of the Lease which would require the temporary relocation of the Antenna Facilities. Landlord agrees that the Work will not limit or interfere with Tenant’s Permitted Uses of the Premises. Landlord will reimburse Tenant for all expenses incurred by Tenant required to accommodate the Work. If necessary, in Tenant’s sole determination, Tenant may elect to install a temporary communications facility (e.g. a “cell on wheels,” or “COW”) in another mutually agreeable location on the Property that provides Tenant coverage and service levels similar to those of the Antenna Facilities at the original location, while the Work is being performed. Tenant shall have the right to relocate reinstall the Antenna Facilities immediately upon the completion of the Work. Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord or its designee shall have the right to exercise accompany Landlord, its agents or contractors whenever the Relocation Option only by giving notice thereof Work is being performed on the Premises. Notwithstanding anything to the contrary, Landlord shall not have the right to permanently relocate the Antenna Facilities except as set forth herein.
b) If Landlord desires to redevelop, modify, remodel, or in any way alter its Property or any improvements thereon (“Redevelopment”), Landlord shall in good faith use its best efforts to fully accommodate Tenant’s continuing use of the Premises. If both parties to this Agreement determine that the Redevelopment necessitates permanent relocation of the Antenna Facilities, Landlord shall have the right, subject to the following provisions of this section, to relocate the Antenna Facilities, or any part thereof, to an alternate location on the Property (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation DatePremises”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall , provided, however, that: (i) be comprised of rentable area equal to or greater than Landlord may only relocate Tenant once during the rentable area of the Old Premises, Term; (ii) be similar in configuration to Landlord may only relocate Tenant after the Old Premises, and Initial Term; (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater Landlord must give Tenant not less than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable twelve (12) months’ written notice prior to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable relocation; (iv) all costs and expenses incurred associated with or arising out of such relocation (including, without limitation, approval and permitting costs) shall be paid by Landlord; (v) such relocation shall be performed exclusively by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.or its agents; and
Appears in 1 contract
Sources: Site Lease Agreement
Relocation. A. LandlordLandlord shall have the right, at any time during the Extension Termafter September 30, shall have the right to relocate 2005, upon giving Tenant from the Leased Premises not less than thirty (for purposes of this Section, the “Old Premises”30) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving days prior notice thereof (the “Relocation Notice”) ), to provide and furnish Tenant not later than ninety with space (90) days before the date that the relocation becomes effective (the “Relocation DateSpace”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct elsewhere in the New PremisesCalabasas Tech Center of approximately the same size as the Extension Space, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing to pay all verified and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable previously approved costs and expenses incurred by Tenant as a result of such move to such new Relocation Space including, without limitation, the cost of moving furniture and equipment and recabling and repainting the Relocation Space for Tenant’s use. Notwithstanding the foregoing, if Tenant notifies Landlord within ten (10) days after Tenant’s receipt of the Relocation Notice that Tenant desires space of a lesser size, Landlord may instead substitute space elsewhere in the Calabasas Tech Center of approximately the size so relocating designated by Tenant if such space is then available. Furthermore, if Landlord delivers a Relocation Notice to Tenant, Tenant shall (i) have three (3) separate and consecutive one-month options to renew the New Premises from term of the Old PremisesLease (as amended) for the Relocation Space, within which options must be exercised, if at all, by written notice to Landlord at least thirty (30) days prior to the first day of such renewal term and which options may only be exercised if Tenant is not then in default under the Lease (as amended), and (ii) have the option to terminate the Lease (as amended) by written notice to Landlord within ten (10) days after Tenant’s request therefor and Tenant’s submission to Landlord receipt of reasonable supporting documentation therefor.
D. From and after the Relocation DateNotice. Any such termination shall be effective as of a date so specified by Tenant in such termination notice to Landlord, but no later than the effective date of such relocation specified in Landlord’s Relocation Notice. If the Relocation Space is a lesser size than 14,879 rentable square feet, the Fixed Minimum Monthly Rent shall be adjusted by multiplying $25,000.00 by a fraction, the numerator of which is the number of rentable square feet of the Relocation Space and the denominator of which is 14,879. If Landlord moves Tenant to such Relocation Space, the Lease (as amended) and each and all references of its terms, covenants and conditions shall remain in full force and effect and shall be deemed applicable to such Relocation Space and such Relocation Space shall thereafter be deemed to be the “Extension Space” as though Landlord and Tenant had entered into an express written amendment to the Premises herein Lease with respect thereto and, upon request from Landlord, Tenant shall mean execute a new amendment to the New Premises rather than the Old PremisesLease documenting such relocation upon such terms.
Appears in 1 contract
Sources: Lease (Tekelec)
Relocation. A. Landlord, at any time during During the Extension Relocation Term, Landlord shall have the one time right to substitute for the Relocation Premises other premises within the Project (the "New Premises"), provided:
(a) h The New Premises shall be of comparable size and configuration to the Relocation Premises with the same level of finishes, including fresh paint, carpet and millwork, if applicable, and located on the fourth (41 ) floor or higher in the Building or other building in the Project as the case may be (the "Comparable Space");
(b) the Basic Rent and the Additional Rent with respect to Direct Costs payable under the Lease shall not be increased notwithstanding that such New Premises may contain more rentable square feet than the Relocation Premises and the Relocation Term shall not be required to be extended as a result of such relocation;
(c) Landlord shall pay the reasonable actual out-of-pocket expenses of Tenant for moving from the Relocation Premises to the New Premises, including but not limited to, the cost of relocating Tenant's personal property, fixtures, furniture and equipment, the installation of computer and telephone cabling and replacement of business cards, stationery and brochures to the extent that the suite number of the Relocation Premises is reflected therein;
(d) Landlord at its sole cost and expense shall improve the New Premises with tenant improvements and alterations (including but not limited to restrooms and the common areas in the Building) with finishes to the quality which are substantially similar to the Relocation Premises as of the Relocation Commencement Date; and
(e) Landlord shall give Tenant written notice of Landlord's exercise of the right to relocate Tenant to the New Premises (the "Relocation Notice") not less than two hundred seventy (270) days before the relocation date. The Relocation Notice shall include a reasonably detailed description of the New Premises. If Landlord exercises its right hereunder, the New Premises shall thereafter be deemed for the purposes of the Lease as the Premises as of the relocation date. In the event that the New Premises proposed by Landlord do not qualify as Comparable Space as defined in Section 15(a), then Tenant shall have the right to relocate terminate the Lease. Such right shall be exercised by Tenant giving written notice of the exercise thereof to Landlord within ten (10) days of Tenant's receipt of the Relocation Notice, which notice from Tenant shall state a termination date for the Lease that is not more than two hundred seventy (270) days from the Leased Premises date of such notice (for purposes the "Termination Date"). In the event that Tenant exercises its right to terminate in accordance with the provisions of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred the unamortized portion of that amount of the Construction Costs (as defined in Exhibit B, the Workletter) expended by Tenant in so relocating excess of the Improvement Allowance, plus any similar construction costs expended by Tenant in excess of any improvement allowance with respect to any expansions to the New Premises from the Old Relocation Premises, within such amortization to be made evenly over the last one hundred twenty (120) months of the Relocation Term (and to be at an annual rate of interest of eight percent (8%). The amount payable to Tenant by Landlord described herein shall be payable no later than thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references prior to the Premises herein shall mean the New Premises rather than the Old PremisesTermination Date.
Appears in 1 contract
Relocation. A. Landlord, at any time 16.9.1 The Landlord may during the Extension TermTerm relocate the Tenant to alternative premises if:
(a) the Landlord gives the Tenant details of a genuine proposal to carry out a refurbishment, shall have redevelopment or extension of the right to relocate Tenant from Building within a reasonably practicable time after the Leased Premises relocation that cannot be carried out practicably without vacant possession of the Premises; and
(for purposes of this Section, b) the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as Landlord gives the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later less than ninety 3 months’ notice (90relocation notice) days before containing details of an alternative premises, and offering the date that Tenant a new lease of those premises on the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall same terms as this Lease except that:
(i) be comprised of rentable area equal to or greater than the rentable area term of the Old Premisesnew lease will begin at the earlier of 1 month after the alternative premises are made available to the Tenant for fitout purposes and the day on which the Tenant begins trading from the alternative premises, and will end on the Terminating Date; and
(ii) the rent will be similar adjusted (if necessary) to take into account the difference in configuration to commercial values between the Old Premises, Premises and (iii) be within a 3 block radius the alternative premises.
16.9.2 The Landlord must notify the Tenant of the Old Premises. In no event shall rent it thinks should be payable for the monthly rental amount increase alternative premises when the relocation notice is given.
16.9.3 After receipt of the relocation notice, the Tenant may within 1 month of receipt of the relocation notice terminate this Lease by giving the Landlord termination notice and, in this case, the Lease will terminate 3 months after the date on which the relocation notice is given and the Tenant must:
(a) vacate the Premises on the terminating date; and
(b) if required by the Landlord, sign a surrender of lease instrument.
16.9.4 The Tenant is deemed to have accepted the relocation notice if the New Premises is comprised Tenant gives the Landlord a notice accepting it or does not give a termination notice under clause 16.9.3 and by virtue of such acceptance the Tenant must:
(a) sign a rentable area greater than the rentable area new lease of the Old Premises. Landlord, at Landlord’s expense, shall construct alternative premises and pay any duty;
(b) fitout the alternative premises in accordance with the New Premises, not later than requirements of the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesnew lease.
C. Tenant shall cooperate reasonably with 16.9.5 The Landlord in connection with Landlordmust pay the Tenant’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforrelocation.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Lease
Relocation. A. Landlord, at any time Not more than once during the Extension Terminitial Lease Term of this Lease from and after the commencement of the second (2nd) Lease Year, and only if Landlord provides Tenant with reasonable evidence that Landlord shall require occupancy of the Premises in order to Lease the entire rentable area of the floor on which the Premises are located to another tenant leasing the entire floor, Landlord shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) option (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant , on not later less than ninety (90) days before days’ prior notice to Tenant, to relocate Tenant to other premises in the Complex which is reasonably acceptable to Tenant (the “New Premises”) on the date that the set forth in Landlord’s relocation becomes effective notice (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall be substantially similar to the Premises in rentable and usable square footage and configuration, and shall have substantially similar exterior views as the Premises. Landlord shall, at its sole cost and expense prior to the Relocation Date, perform all work and improvements to the New Premises pursuant to plans and specifications reasonably approved by Tenant to provide the New Premises substantially similar in all material respects to the Premises immediately prior to the Relocation Date, with finishes and materials substantially equal or better to the Premises as of the Relocation Date, based upon plans and specifications reasonably approved by Landlord and Tenant. Landlord shall, at its sole cost and expense, pay one hundred percent (100%) of the costs and expenses for the (i) be comprised of rentable area equal to or greater than the rentable area construction of the Old New Premises with improvements which are comparable to the Tenant Improvements in the Premises, (ii) be similar in configuration the reasonable costs and expenses to the Old Premisespurchase, install and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlordtest Tenant’s voice and data cabling and wiring, at Landlord’s expense, shall construct internal security system in the New Premises, not later than (iv) the reasonable costs and expenses to relocate, reinstall and test Tenant’s furniture, trade fixtures and equipment to the New Premises, and (v) the reasonable costs to replace the then on-hand inventory of business cards and stationary (with comparable stock). Provided Landlord has Substantially Completed the foregoing work, Tenant shall relocate to the New Premises on the Relocation Date, an interior installation . Landlord shall use commercially reasonable efforts to relocate Tenant over a weekend so that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation can conduct its business in the New Premises on the Monday immediately following such weekend. On the date that Tenant relocates to the New Premises. , (A) Tenant shall vacate deliver the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on "As Is" but in broom clean condition; (B) the New Premises shall be deemed the Premises for all purposes under this Lease; and (C) Tenant shall be released from all obligations with respect to the Premises from and after such date other than those obligations that survive the expiration or before sooner termination of this Lease, such as the Relocation Date, provided reconciliation of Operating Charges in accordance with Article 5 hereof. In the event that Landlord has theretofore delivered vacant and exclusive possession the rentable square footage of the New Premises to is less than the rentable square footage of the Premises as of the date of such relocation, Base Rent, Additional Rent and Tenant’s Proportionate Share shall be adjusted based upon such lesser square footage. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to In the event that the rentable square footage of the New Premises from is greater than the Old Premisesrentable square footage of the Premises as of the date of such relocation, within thirty (30) days after Tenant’s request therefor Base Rent, Additional Rent and Tenant’s submission Proportionate Share shall not be increased. Landlord and Tenant agree to Landlord execute an amendment to this Lease reflecting the appropriate revisions; however, the failure to enter into such an amendment shall not affect the operation of reasonable supporting documentation thereforthis Section.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Lease Agreement (Twinlab Consolidated Holdings, Inc.)
Relocation. A. Landlord, at any time during its sole expense, on at least ninety (90) days’ prior written notice (“Notice”) to Tenant, may require Tenant to move from the Extension TermPremises to another suite of substantially comparable quality, size and decor in the Building or in the Project in order to permit Landlord to consolidate the Premises with other adjoining space leased or to be leased to another tenant in the Building, or to allow Landlord to perform work on the Building; provided, however, that Tenant shall have the right to relocate Tenant from the Leased Premises (for purposes of terminate this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only Lease by giving written notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises given to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within not more than thirty (30) days after Tenant’s request therefor receipt of Notice to relocate and in such event the Lease shall terminate ninety (90) days following the Notice date. In the event of any such relocation, Landlord shall pay all the reasonable expenses (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises, (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling), and (c) incurred and documented by Tenant, up to a maximum amount of $2,500.00, in notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tenant’s relocation. Furthermore, in the event of any such relocation, if the rentable square footage of the new premises is greater than the rentable square footage of the original Premises, Tenant shall not be required to pay any amount of rent, including Fixed Rent and Tenant’s submission to Landlord Share of reasonable supporting documentation therefor.
D. From and after the Relocation DateRecognized Expenses, all references to in excess of that which Tenant would pay under this Lease had the Premises herein shall mean the New Premises rather than the Old Premisesnot been relocated as aforesaid,.
Appears in 1 contract
Sources: Lease (Cadista Holdings Inc.)
Relocation. A. LandlordLandlord may, at upon sixty (60) days notice to Tenant, relocate the Premises to any time during other premises within the Extension Term, shall have the right to relocate Tenant from the Leased Premises Property (for purposes of this Section, the “Old Relocated Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the on a date that the of relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises) specified therein. The New Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (i) be comprised including the cost to relocate phones, computers and other systems of rentable area equal to or greater than similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the rentable area of the Old Premises, (ii) be similar in configuration Premises if such address changes due to the Old Premises, and relocation (iii) be within a 3 block radius of but only the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable quantity existing immediately prior to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing relocation) and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any all other reasonable out-of-pocket costs and expenses directly incurred by Tenant in so relocating connection with relocation to the New Premises from the Old Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. From the Relocation Date through the Expiration Date, the aggregate Base Rent for the One Buckhead Plaza/Safety Quick Light LLC 19 Relocated Premises shall be the same as for the original Premises. Tenant’s request therefor failure to vacate the Premises and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after move into the Relocated Premises on the Relocation Date, all references to the Premises herein Date shall mean the New Premises rather than the Old Premisesconstitute a Time Sensitive Default.
Appears in 1 contract
Relocation. A. Landlord, at any time during During all but the Extension last six (6) months of the Term, shall have Landlord reserves the right to relocate Tenant from the Leased Premises (for purposes of this Section, to comparable space within the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only Building or another Office Park Building by giving Tenant prior written notice thereof (the “Relocation Notice”) of such intention to Tenant not later than ninety (90) days before the date relocate provided that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New new Premises shall (i) be comprised of rentable substantially similar to the Premises in area equal and use for Tenant's purpose and such relocation shall be made in order to or greater than lease the rentable area Premises to a tenant who will occupy a majority of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius floor of the Old PremisesBuilding on which the Premises are located. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, If within thirty (30) days after Tenant’s request therefor receipt of such notice, Landlord and Tenant’s submission Tenant have not agreed on the space to Landlord which the Premises are to be relocated and the timing of reasonable supporting documentation therefor.
D. From and such relocation, this Lease shall terminate on that date which is sixty (60) days after the Relocation DateTenant's receipt of such notice. If Landlord and Tenant do so agree, all references then the Lease shall be deemed amended by deleting the description of the original Premises and substituting thereof a description of such comparable space and, if such relocation is to another Office Park Building owned by a party other than Landlord, by reexecuting the Lease with the owner of such other Office Park Building being substituted for the Landlord hereunder. Landlord agrees to pay the reasonable costs of moving Tenant to such other space within the Building or another Office Park Building, including, without limitation, moving costs and the costs of improving the new premises so that they are substantially similar to the Premises herein and all reasonable costs incurred by ▇▇▇▇▇▇ as a result of relocating the Premises. Any such relocation shall mean the New Premises rather than the Old Premisesbe made during evenings or weekends and shall be done in a manner designed to minimize inconvenience to Tenant.
Appears in 1 contract
Relocation. A. Landlord, at any time during the Extension Term, Landlord shall have the right right, upon at least ninety (90)-days’ Notice to Tenant (“Relocation Notice”), to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio premises (such other space being referred to as the “New Premises”) within the Shopping Center; subject, however, to the following terms and conditions: (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”a) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than have approximately the rentable area of same Floor Area as is contained in the Old Premises, (iib) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised shall be leased to Tenant on the same terms and conditions as provided in this Lease, except that there shall be a proportionate adjustment of a rentable area greater than Base Rent, Breakpoint and other charges based upon the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct Floor Area in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant (c) Landlord shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises pay to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after of the date Tenant initially opens for business in the New Premises, those expenses reasonably incurred by Tenant in connection with the relocation of Tenant’s request therefor personal property; provided, however, Tenant has first provided Landlord with an itemized list of these expenses (accompanied with copies of invoices and Tenant’s submission proofs of payment of same), and (d) Landlord shall either perform and pay, or cause Tenant to perform and Landlord shall pay for all reasonable costs of the leasehold improvements to be constructed at the New Premises and such leasehold improvements shall be substantially similar to the leasehold improvements in the Premises. In its Relocation Notice, Landlord shall specify which party shall be responsible for construction of the leasehold improvements in the New Premises and set forth a timetable for completion of the leasehold improvements in the New Premises. If the New Premises is unacceptable to Tenant for any reason, Tenant shall have the right as its sole and exclusive remedy, upon Notice to Landlord of reasonable supporting documentation therefor.
D. From and to be given within thirty (30) days after the Relocation DateNotice, all references to terminate this Lease on thirty (30)-days’ Notice. Landlord shall pay to Tenant, within sixty (60) days after said Notice and upon vacation of the Premises herein by Tenant, the unamortized book value of Tenant’s leasehold improvements, excluding items removable by Tenant at the expiration of the Term pursuant to Section 21.10. For purposes of calculating the book value of Tenant’s leasehold improvements, the amount of the Tenant Improvement Allowance, if any, shall mean the New Premises rather than the Old Premises.be excluded
Appears in 1 contract
Sources: Retail Lease (Yoshiharu Global Co.)
Relocation. A. Landlord, Landlord reserves the right at any time prior to the ---------- Commencement Date or during the Extension Term, shall have the right Term upon sixty (60) days' prior written notice to relocate Tenant from within the Leased Premises Building provided: (for purposes of this Section1) the new location is similar in size and floor plan, with similar outside views; (2) that Tenant approves the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area location and size of the Old Premises, (ii) be similar in configuration to the Old Premises, new premises and (iii3) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any pays all reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating connection with such move. If Landlord exercises this right, the written notice to Tenant shall include a drawing showing the size and location of the new premises. If Tenant approves the new location, the parties shall execute an amendment to this Lease which will specify the change in premises and, if applicable, the rent, but this Lease shall in no other respect be amended and the rent payable hereunder shall not abate except for the period ac▇▇▇▇▇y involved in the moving of Tenant and except as may be modified as relating to the New Premises from new premises. If Tenant does not send Landlord written notice of its disapproval of the Old Premisesproposed relocation within the sixty (60) day period, Tenant shall be conclusively presumed to have approved the same. If Tenant shall send a notice disapproving the proposed relocation during the sixty (60) day period, then Landlord, at its option, may rescind the notice of relocation (in which event this Lease shall continue to the same extent as if no such notice had been sent). Landlord shall make its election within thirty ten (3010) days after Tenant’s request therefor following the first sixty (60) day period and Tenant’s submission to Landlord of reasonable supporting documentation thereforshall give Tenant written notice thereof specifying its election.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. Landlord, at any time during the Extension Term, (a) Landlord shall have the a right to relocate Tenant from the Leased Premises to another location within the Shopping Center (for purposes of this Section, the “Old Substitute Premises”) to other space ). The Substitute Premises, in Landlord’s downtown Kalamazoo portfolio (such other space being referred to its current or future location shall contain approximately the same square footage as the “New original Premises and shall be exposed to reasonably equivalent pedestrian traffic as the original Premises”) (the “Relocation Option”).
B. . Landlord shall have the right to exercise the Relocation Option only by giving notice thereof notify Tenant of such relocation not less than thirty (the “Relocation Notice”30) to Tenant not later than ninety (90) days before prior to the date that thereof. Landlord shall reconstruct on the relocation becomes effective (Substitute Premises improvements substantially similar in quality, style and design to those constructed at the “Relocation Date”). A Relocation Notice original Premises in accordance with plans and specifications approved by Landlord and Tenant, which approval shall not be effective unless unreasonably withheld by either party. Landlord includes therewith a floor plan identifying shall pay the New cost of moving and reinstalling the fixtures and all Tenant Personal Property (as hereinafter defined) into the Substitute Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area As of the Old latter of the date specified in Landlord’s notice to Tenant or ten (10) days after ▇▇▇▇▇▇▇▇ has notified Tenant that it has completed the improvements to be constructed by Landlord on the Substitute Premises, (ii) be similar in configuration Tenant shall surrender the original Premises, shall move to the Old new Premises, and (iii) the Substitute Premises shall be within a 3 block radius deemed the Premises hereunder as fully as if said Substitute Premises were originally described herein as the Premises. ▇▇▇▇▇▇ agrees that promptly, on demand, it shall execute an amendment designating the location of the Old Substitute Premises. In no event Fixed Minimum Rent and all Additional Charges shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation be abated during any period that is as comparable as reasonably practicable Landlord requires Tenant to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord cease conducting business in connection with Landlord’s designing and performing the construction relocation of such interior installation in the New Premises. Tenant shall not be required to vacate the Old Premises until all improvements are complete in the Substitute Premises and surrender vacant and exclusive possession of the Old Substitute Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore been delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating Impossible Kicks – Grand Canal Shoppes – 2065 – Retail Lease 2/6/2023 (NL) (kb)
(b) Notwithstanding anything to the New contrary in Section 3.5(a), if the Substitute Premises from the Old Premisesis not reasonably acceptable to Tenant and Landlord cannot or does not remedy Tenant’s written concerns, then Landlord may terminate this Lease at any time within thirty (30) days after ▇▇▇▇▇▇▇▇’s notice to Tenant of Landlord’s intent to relocate the Premises and neither party shall have any further obligation hereunder (except with respect to matters that arose before such termination). In connection with such termination, Landlord shall pay to Tenant the unamortized (based on straight line amortization) reasonable costs paid by Tenant for Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after non-removable improvements at the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. LandlordLandlord shall have the right, at any time during and from time-to-time prior to the Extension Termdate which is twelve (12) months prior to the Expiration Date, shall have upon not less than one hundred twenty (120) days' prior notice to Tenant (a "Relocation Notice"), to provide and furnish Tenant with replacement premises elsewhere in the right Building or in either of ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ or ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, with such replacement premises to be substantially the same size, buildout, and visibility, as determined by Landlord in its reasonable discretion (the "Substitute Premises"), and to relocate Tenant from the Leased Premises (for purposes to the Substitute Premises. If Landlord relocates Tenant to the Substitute Premises, then, notwithstanding the size of this Sectionthe Substitute Premises, the “Old Base Rent payable with respect to the Substitute Premises shall not exceed the Base Rent payable with respect to the Premises”) . If Landlord relocates Tenant to other space the Substitute Premises, then Landlord shall, at its sole cost and expense, improve the Substitute Premises in Landlord’s downtown Kalamazoo portfolio (a manner substantially comparable to the Premises immediately preceding such other space being referred to as relocation, and on the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise date specified on the Relocation Option only by giving notice thereof (Notice Landlord shall, at its sole cost and expense, move the “Relocation Notice”) equipment, personal property and personnel of Tenant to Tenant not later than ninety (90) days before the date that Substitute Premises and reinstall and reconstruct such improvements, equipment and personal property in the relocation becomes effective (Substitute Premises in a manner and fashion reasonably comparable to the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than Upon the rentable area exercise by Landlord of the Old Premisesforegoing relocation right, (ii) this Lease and each of the terms, covenants and conditions hereof shall remain in full force and effect and be similar in configuration applicable to the Old Premises, and (iii) be within a 3 block radius of the Old Substitute Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area such event, effective as of the Old Premises. Landlord, at Landlord’s expense, shall construct date specified in the New PremisesRelocation Notice, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate and surrender the Old original Premises in accordance with the terms and conditions of this Lease, and the Substitute Premises shall thereafter be deemed to be substituted for the original Premises and surrender vacant Tenant shall have no further rights or interests in or to the original Premises. After delivery of a Relocation Notice, the provisions of this Article 26 shall be self-operative; however, at either party's request, Landlord and exclusive possession Tenant shall enter into an amendment of this Lease confirming the relocation of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. Landlord, at any time 16.9.1 The Landlord may during the Extension TermTerm relocate the Tenant to alternative premises if:
(a) the Landlord gives the Tenant details of a genuine proposal to carry out a refurbishment, shall have redevelopment or extension of the right to relocate Tenant from Building within a reasonably practicable time after the Leased Premises relocation that cannot be carried out practicably without vacant possession of the Premises; and
(for purposes of this Section, b) the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as Landlord gives the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later less than ninety 3 months’ notice (90relocation notice) days before containing details of an alternative premises, and offering the date that Tenant a new lease of those premises on the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall same terms as this Lease except that:
(i) be comprised of rentable area equal to or greater than the rentable area term of the Old Premisesnew lease will begin at the earlier of 1 month after the alternative premises are made available to the Tenant for fitout purposes and the day on which the Tenant begins trading from the alternative premises, and will end on the Terminating Date; and
(ii) the rent will be similar adjusted (if necessary) to take into account the difference in configuration to commercial values between the Old Premises, Premises and (iii) be within a 3 block radius the alternative premises.
16.9.2 The Landlord must notify the Tenant of the Old Premises. In no event shall rent it thinks should be payable for the monthly rental amount increase alternative premises when the relocation notice is given.
16.9.3 After receipt of the relocation notice, the Tenant may within 1 month of receipt of the relocation notice terminate this Lease by giving the Landlord termination notice and, in this case, the Lease will terminate 3 months after the date on which the relocation notice is given and the Tenant must:
(a) vacate the Premises on the terminating date; and
(b) if required by the Landlord, sign a surrender of lease instrument.
16.9.4 The Tenant is deemed to have accepted the relocation notice if the New Premises is comprised Tenant gives the Landlord a notice accepting it or does not give a termination notice under clause 16.9.3 and by virtue of such acceptance the Tenant must:
(a) sign a rentable area greater than the rentable area new lease of the Old Premises. Landlord, at Landlord’s expense, shall construct alternative premises and pay any duty;
(b) fitout the alternative premises in accordance with the New Premises, not later than requirements of the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesnew lease.
C. Tenant shall cooperate reasonably with 16.9.5 The Landlord in connection with Landlordmust pay the Tenant’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforrelocation.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Lease
Relocation. A. LandlordTenant shall vacate the Surrendered Premises on or before February 15, 2002. Tenant shall relocate all of its equipment, furnishings and other personal property to the reconfigured Premises, all at Tenant's expense, except that Tenant shall leave in the Surrendered Premises and quit claims to Landlord those items described in attached Schedule 1. Tenant shall leave the Surrendered Premises in the same condition as it is required to leave the Premises upon expiration or sooner termination of the Lease term. Tenant shall be responsible to Landlord for any time during damage caused to the Extension Term, shall have the right to relocate Tenant from the Leased Surrendered Premises (for purposes of this Section, the “Old Premises”) or to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised property of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing Tenant's removal of property from and performing vacation of the construction of such interior installation in the New Surrendered Premises. Tenant shall vacate not remove any improvements made in the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to TenantSurrendered Premises. Landlord shall reimburse approve in writing in advance the location of the work station cubicles that Tenant for may remove, and that any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises work station cubicles removed shall be removed from the Old PremisesSurrendered Premises only and in accordance with the Building property manager's instructions. Without limiting the foregoing, Tenant shall leave in place all existing Cap Five wiring/cabling from cubicles that Tenant removes from the third floor as further described on attached Schedule 1, neatly bundled, so that it may be reused in the future. If Tenant has not fully performed all its obligations under this Section 4 by the close of business on February 15, 2002, then Tenant shall pay on demand from Landlord the sum of $1,760.44 per day for each day beginning on the Effective Date and continuing until the date on which all Tenant's Section 4 obligations are fully performed. Notwithstanding the foregoing, if during the remaining term of this Lease Landlord notifies Tenant that it requires some or all of the remaining cubicles on the third floor to be removed, then Tenant shall remove at its expense the cubicles identified by Landlord, using the same procedures as are described in this Amendment, within thirty fifteen (3015) days after Tenant’s request therefor and Tenant’s submission to Landlord receipt of reasonable supporting documentation thereforLandlord's notice.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Lease (Imagex Com Inc)
Relocation. A. Landlord, at any time 16.9.1 The Landlord may during the Extension TermTerm relocate the Tenant to alternative premises if:
(a) the Landlord gives the Tenant details of a genuine proposal to carry out a refurbishment, shall have redevelopment or extension of the right to relocate Tenant from Building within a reasonably practicable time after the Leased Premises relocation that cannot be carried out practicably without vacant possession of the Premises; and
(for purposes of this Section, b) the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as Landlord gives the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later less than ninety 3 months’ notice (90relocation notice) days before containing details of an alternative premises, and offering the date that Tenant a new lease of those premises on the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall same terms as this Lease except that:
(i) be comprised of rentable area equal to or greater than the rentable area term of the Old Premisesnew lease will begin at the earlier of 1 month after the alternative premises are made available to the Tenant for fitout purposes and the day on which the Tenant begins trading from the alternative premises, and will end on the Terminating Date; and
(ii) the rent will be similar adjusted (if necessary) to take into account the difference in configuration to commercial values between the Old Premises, Premises and (iii) be within a 3 block radius the alternative premises.
16.9.2 The Landlord must notify the Tenant of the Old Premises. In no event shall rent it thinks should be payable for the monthly rental amount increase alternative premises when the relocation notice is given.
16.9.3 After receipt of the relocation notice, the Tenant may within 1 month of receipt of the relocation notice terminate this Lease by giving the Landlord termination notice and, in this case, this Lease will terminate 3 months after the date on which the relocation notice is given and the Tenant must:
(a) vacate the Premises on the terminating date; and
(b) if required by the Landlord, sign a surrender of lease instrument.
16.9.4 The Tenant is deemed to have accepted the relocation notice if the New Premises is comprised of Tenant gives the Landlord a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, notice accepting it or does not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.give a termination notice under clause
Appears in 1 contract
Sources: Lease Agreement
Relocation. A. Landlord shall have the right, either before or during the Term, upon not less than thirty (30) days written notice to Tenant, to change the location of the Premises to another mutually agreeable location within the Building or the Business Community, if any, provided that the new location is reasonably similar in size, utility and appearance. If Tenant is occupying the Premises when Landlord exercises its rights hereunder, Landlord, at its expense, shall remove, relocate and reinstall Tenant's equipment (including telephones), furniture and fixtures in the new premises and redecorate the new premises so that they will substantially resemble the former Premises. Landlord shall also pay Tenant's cost of reprinting stationery and business cards. On completion of the change in location of the Premises, the parties shall execute an amendment to this Lease which sets forth the new description of the Premises and amendments to any time during other terms of this Lease, if any, required by the Extension Termrelocation of the Premises. In the event Landlord is unable to relocate the Premises to a location which is reasonably similar in size, utility and appearance, then Tenant shall have the right to relocate Tenant from the Leased Premises terminate this Lease upon not less than sixty (for purposes of this Section60) days' written notice to Landlord; provided, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. however, Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premisesshall, within thirty (30) days after receipt of Tenant’s request therefor and Tenant’s submission 's notice to Landlord of reasonable supporting documentation therefor.
D. From and after terminate the Relocation DateLease, all references have the right to withdraw its demand requiring Tenant to relocate, in which event Tenant shall remain in the Premises herein and this Lease shall mean continue in full force and effect. If any notice of termination is given pursuant to this Section, this Lease and the New Premises rather rights and obligations of the parties hereunder shall cease as of the date of such notice and all Rent (other than any Additional Rent due Landlord by reason of Tenant's failure to perform any of its obligations hereunder) shall be adjusted as of the Old Premisesdate of such termination. Notwithstanding the foregoing, Tenant's obligation to indemnify and hold harmless Landlord as provided in Section 22 hereof shall survive any such termination as to any act, omission or occurrence which took place prior to such termination. No further documentation shall be required to effect the termination of this Lease unless otherwise requested in writing by either party.
Appears in 1 contract
Sources: Office Lease (Quepasa Com Inc)
Relocation. A. Landlord, at any time 16.9.1 The Landlord may during the Extension TermTerm relocate the Tenant to alternative premises if:
(a) the Landlord gives the Tenant details of a genuine proposal to carry out a refurbishment, shall have redevelopment or extension of the right to relocate Tenant from Building within a reasonably practicable time after the Leased Premises relocation that cannot be carried out practicably without vacant possession of the Premises; and
(for purposes of this Section, b) the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as Landlord gives the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later less than ninety 3 months’ notice (90relocation notice) days before containing details of an alternative premises, and offering the date that Tenant a new lease of those premises on the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall same terms as this Lease except that:
(i) be comprised of rentable area equal to or greater than the rentable area term of the Old Premisesnew lease will begin at the earlier of 1 month after the alternative premises are made available to the Tenant for fitout purposes and the day on which the Tenant begins trading from the alternative premises, and will end on the Terminating Date; and
(ii) the rent will be similar adjusted (if necessary) to take into account the difference in configuration to commercial values between the Old Premises, Premises and (iii) be within a 3 block radius the alternative premises.
16.9.2 The Landlord must notify the Tenant of the Old Premises. In no event shall rent it thinks should be payable for the monthly rental amount increase alternative premises when the relocation notice is given.
16.9.3 After receipt of the relocation notice, the Tenant may within 1 month of receipt of the relocation notice terminate this Lease by giving the Landlord termination notice and, in this case, this Lease will terminate 3 months after the date on which the relocation notice is given and the Tenant must:
(a) vacate the Premises on the terminating date; and
(b) if required by the Landlord, sign a surrender of lease instrument.
16.9.4 The Tenant is deemed to have accepted the relocation notice if the New Premises is comprised of Tenant gives the Landlord a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, notice accepting it or does not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.give a termination notice under clause
Appears in 1 contract
Sources: Lease Agreement
Relocation. A. LandlordThe provisions of Section 8.18, at any time during as set forth in the Extension Termoriginal Lease, shall have continue to apply to the right 18th Floor Premises, without regard to relocate Tenant from the Leased Premises (modifications set forth in the next paragraph for purposes of this Sectionthe 26th Floor Premises. In addition, the provisions of Section 8.18 of the original Lease shall also apply separately to the 26th Floor Premises with the modifications set forth in this paragraph below. Effective as of the Delivery Date, Section 8.18 of the Lease is hereby amended by changing the reference to “Old Premises”Floor 14” to “Floor 22” and the reference to “one month after receipt of such notice” to “three (3) to other space in months after receipt of such notice.” Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord notice shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith include a floor plan identifying the New Premises. The New Premises new premises, which premises shall (i) be comprised of rentable area have a Rentable Floor Area equal to or greater than 19,000 square feet of Rentable Floor Area (it being agreed that if the rentable area Rentable Floor Area of the Old replacement premises is greater, the Annual Fixed Rent with respect to the replacement premises shall not be increased above the Annual Fixed Rent from time to time payable for the original Premises, (ii) and shall be similar thereto in configuration to and lay-out. Any such relocation under Section 8.18 shall occur on only one occasion after the Old Premises, and fifth (iii5th) be within a 3 block radius of the Old PremisesRent Year. In no event shall the monthly rental amount increase if the New Premises is comprised of addition to Landlord’s obligations associated with a rentable area greater than the rentable area of the Old Premises. relocation under Section 8.18, prior to relocation, Landlord, at Landlord’s cost and expense, shall perform the work necessary to construct in the New replacement premises the Tenant Work and Finish Work previously made in the Premises, not later than the Relocation Dateand including, an interior without limitation, all risers, wiring, cabling, wiring for computers and telecommunications equipment and installation of all related equipment (it being understood that is as comparable as reasonably practicable such work shall be of similar quality and quantity to the interior installation that then exists existing in the Old Premises.
C. ). Landlord agrees that it shall use contractors reasonably satisfactory to Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing for the construction of such interior installation in the New Premises. replacement premises of Tenant shall vacate the Old Premises Work and surrender vacant Finish Work, fixtures, telecommunications equipment, computers and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.related wiring and
Appears in 1 contract
Relocation. A. Landlord(a) M-NCPPC may require relocation of the Communications Equipment of Tenant to another location on the Property, at any time during but not including the Extension TermLightpole, shall have the for a public safety reason. M-NCPPC will exercise its relocation right to relocate Tenant from the Leased Premises under this subsection, by (for purposes of this Section, the “Old Premises”and only by) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) delivering written notice (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant. In the Notice, M- NCPPC will propose an alternate site on the Property to which Tenant not later than ninety may relocate its Communications Equipment. Tenant will have sixty (9060) days before from the date it receives the notice to evaluate M-NCPPC’s proposed relocation site, including, but not limited to, conducting tests to determine the technological feasibility of the proposed relocation site. If ▇▇▇▇▇▇ fails to approve the proposed relocation site in writing within said sixty (60)-day period, Tenant will be deemed to have not approved such proposed relocation site. If Tenant does not approve such relocation site, M-NCPPC may then propose another relocation site by Notice to Tenant in the manner set forth above. Any relocation site which M-NCPPC and Tenant agree upon in writing is referred to hereinafter as the “Relocation Site”. If M-NCPPC and Tenant agree to the proposed alternate site set forth in the Notice, both parties will enter into a written agreement between the parties concerning the location and dimensions of the Relocation Site, as well as the ownership of the antenna support structure for the Communications Equipment. If ▇▇▇▇▇▇ agrees to said relocation, M-NCPPC acknowledges that Tenant will be required to obtain all required approvals of affected governmental agencies, including, but not limited to, the FAA and local zoning authorities. If all governmental requirements, both local, State and Federal are met, Tenant will use its commercially reasonable efforts to complete the relocation of the new Communications Equipment and the removal of the existing Communications Equipment within a commercially acceptable timeframe not to exceed twenty-four (24) months from execution of the written agreement (“Relocation Phase”). Notwithstanding the foregoing, if the Notice states that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area is necessitated by an emergency, Tenant will complete removal of the Old Premisesexisting Communications Equipment and relocation of its new Communications Equipment to a temporary installation on the Property in a timeframe not to exceed forty-five (45) days from the receipt of approvals required to comply with local zoning and permitting ordinances, (ii) be similar in configuration pending the final relocation of Tenant’s Communications Equipment to the Old PremisesRelocation Site during the Relocation Phase. Tenant will have an option to extend the Relocation Phase for two (2) ninety (90)-day extensions if there are delays which are out of the control of the Tenant.
(b) For the first relocation required by M-NCPPC, Tenant will relocate the Communications Equipment of Tenant, not including the equipment of any other sublessee or licensee using the Lightpole, at Tenant’s sole cost and expense. For any subsequent relocation required by M-NCPPC, Tenant will relocate the Communications Equipment of Tenant at M-NCPPC’s sole cost and expense. Any such relocation shall be performed exclusively by Tenant or its agents; provided, however, if M-NCPPC notifies Tenant that the relocation is required due to imminent risk of damage to life or property by calling the landowner help desk at 1-866-482-8890, and ▇▇▇▇▇▇ fails to initiate relocation of Tenant’s Communications Equipment within twenty-four (iii24) be within a 3 block radius hours of said notice, M-NCPPC may relocate Tenant’s Communications Equipment at the sole cost and responsibility of Tenant.
(c) Upon relocation of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised Communications Equipment of a rentable area greater than the rentable area of the Old Premises. LandlordTenant, at Landlord’s expenseor any part thereof, shall construct in the New Premises, not later than to the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation DateSite, all references to the Premises herein in this Agreement will be deemed to be references to the Relocation Site. M-NCPPC and Tenant hereby agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of M-NCPPC, and such survey will then replace the previous survey and become a part hereof and will control or describe the Premises. M-NCPPC and Tenant hereby agree that in no event will the relocation of the Communications Equipment of Tenant, or any part thereof, affect, alter, modify or otherwise change any of the terms and conditions and of the current Agreement, as may be amended, unless changes are agreed to in writing by both parties. If a new lease must be entered into for the Relocation Site, M-NCPPC agrees that any and all of the terms and conditions of this Agreement, as may be amended, will be incorporated into the new lease. Upon relocation of the Communications Equipment of Tenant, the access and utility easement(s) of Tenant will be relocated as required to operate and maintain the Communications Equipment of Tenant.
(d) Any relocation pursuant to this Section shall mean not result in any interruption of the New Premises rather than communications service provided by Tenant on the Old PremisesProperty, including but not limited to Tenant’s right to maintain the rights to the existing Communications Equipment until such time as Tenant is successfully moved to the Relocation Site. Any relocation will not impair or alter the quality of operations of the Tenant’s Communications Equipment.
(e) Tenant may be allowed to place a temporary installation on the Property during a relocation of Tenant’s Communications Equipment. Tenant shall bear the full cost of the temporary installation for the first relocation required by M-NCPPC. For any subsequent relocation required by M-NCPPC, M-NCPPC shall bear the full cost of the temporary installation. Tenant’s facilities at the temporary site shall be safe, secure and shall meet all the requirements set out in this Agreement.
(f) M-NCPPC shall cooperate with Tenant in good faith, to find an acceptable new location. Should the parties be unable to agree on a new location, ▇▇▇▇▇▇’s only remedy is to terminate this Agreement; provided, however, that Tenant shall have a commercially reasonable time, not to exceed twenty-four (24) months, to remove its Communications Equipment from the Property (the “Removal Period”), and termination of this Agreement pursuant to this Section will not become effective until the date that Tenant notifies M- NCPPC in writing that it has completed the removal of it Communications Equipment from the Property. During the Removal Period, M-NCPPC may require Tenant to relocate its Communications Equipment to a temporary installation on the Property, provided Tenant’s facilities at the temporary site shall be safe, secure and shall meet all the requirements set out in this Agreement.
(g) Notwithstanding anything to the contrary in this Section, except in emergency situations where there is imminent risk of damage to life or property, Tenant’s agreement to any requested relocation by M- NCPPC shall be expressly contingent upon the written consent to said relocation of all other users of the Lightpole. Tenant shall be under no obligation to relocate its Communications Equipment pursuant to this Section if any other user of the Lightpole does not agree to the requested relocation.
11. A new Section 28 is added to the end of the Agreement stating the following:
Appears in 1 contract
Sources: Lease Agreement
Relocation. A. Notwithstanding any contrary provision of this Lease, if Landlord requires the Premises for use in connection with another suite or for other reasons related to Landlord's occupancy plans for the Building, then at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Lease Term Landlord shall have the right to exercise the Relocation Option only by giving right, upon providing Tenant prior written notice thereof (the “"Relocation Notice”) "), to provide and furnish Tenant not later than ninety (90) days before with space elsewhere in the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration Building comparable to the Old Premises, Premises and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlordto move and place Tenant in such new space, at Landlord’s 's sole cost and expense, . Such space shall construct be approximately the same size as the existing Premises and shall be improved by Landlord prior to Tenant's relocation with leasehold improvements comparable to those in the New existing Premises. However, if the new space does not later than meet the Tenant's reasonable and good-faith approval, Tenant may cancel this Lease upon written notice to Landlord, which notice must be received by Landlord within ten (10) days after delivery to Tenant of the Relocation DateNotice, and unless Landlord withdraws its request that Tenant relocate, this Lease shall terminate sixty (60) days thereafter (as if such date were the natural expiration of the Term hereof) and neither party shall have any further rights or obligations hereunder. Tenant's failure to timely deliver notice to Landlord of Tenant's election to cancel this Lease shall be deemed an interior installation that is as comparable as reasonably practicable to acceptance by Tenant of the interior installation that then exists new space set forth in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing Relocation Notice, and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession in accordance with said notice and/or the terms of the Old Premises to any subsequent notice from Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. If Landlord moves Tenant to such new space, then this Lease and each and all of the terms, covenants and conditions hereof shall reimburse remain in full force and effect and be deemed applicable to such new space except that a revised Exhibit "A" showing the location of the new space shall become a part of ----------- this Lease and Landlord and Tenant for any reasonable moving expenses shall promptly thereafter execute an amendment to this Lease containing such revised "Exhibit "A" and for any other reasonable costs with the Basic ----------- Terms of this Lease, as contained in Article 2, amended, if necessary, to --------- include and expenses incurred by Tenant in so relocating state all correct data as to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefornew space.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Office Lease (Vsource Inc)
Relocation. A. Effective as of the Effective Date (defined below), Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, at the Relocation Premises on the terms and conditions of the Lease as herein modified. Accordingly, on the Effective Date, (a) subject to Section 10 hereof, the Lease shall terminate as to the Current Premises, (b) the Relocation Premises shall be the “Premises”, and (c) the monthly Basic Rent shall be as set forth below. Tenant accepts the Relocation Premises in an “AS-IS” condition, and Landlord shall not be required to perform any time during the Extension Termdemolition or tenant-finish work therein or provide any allowances therefor, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Sectionexcept as expressly set forth in Section 6 below. As used herein, the “Old Premises”Effective Date” means the earliest of (1) the date on which Tenant occupies any portion of the Relocation Premises and begins conducting business therein, (2) the date on which the Work (as defined in Exhibit B hereto) in the Relocation Premises is Substantially Completed (as defined in Exhibit B hereto), or (3) the date on which the Work in the Relocation Premises would have been Substantially Completed but for the occurrence of any Tenant Delay Days (as defined in Exhibit B hereto). Landlord and Tenant presently anticipate that possession of the Relocation Premises will be tendered to other space Tenant in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the condition required by this Amendment on or about the 120th day following full execution of this Amendment by Landlord and Tenant the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Estimated Delivery Date”). A If Landlord is unable to tender possession of the Relocation Notice Premises in such condition to Tenant by the Estimated Delivery Date, then (A) the validity of this Amendment or the Lease shall not be effective unless affected or impaired thereby, (B) Landlord includes therewith a floor plan identifying shall not be in default hereunder or be liable for damages therefor, and (C) Tenant shall accept possession of the New Relocation Premises when Landlord tenders possession thereof to Tenant. Notwithstanding the foregoing, if the Work in the Relocation Premises is not Substantially Completed by the Abatement Date, daily Basic Rent for the Current Premises shall be abated for each day thereafter and ending on the day Landlord tenders possession of the Relocation Premises (with the Work to be performed by Landlord therein Substantially Completed). The abatement rights afforded to Tenant under this Section 1 shall be Tenant’s sole remedy for Landlord’s failure to timely Substantially Complete the Work in the Relocation Premises. The New Premises As used herein, “Abatement Date” means the Estimated Delivery Date, plus the number of Tenant Delay Days and the number of Force Majeure Delay Days. As used herein, “Force Majeure Delay Days” means any delay in achieving Substantial Completion with respect to the Work for the reasons specified in Section 25.3 of the Original Lease. Within ten business days following Landlord’s written request therefor, Tenant shall execute and deliver to Landlord a letter substantially in the form of Exhibit C hereto confirming (i) be comprised of rentable area equal to or greater than the rentable area of the Old PremisesEffective Date, (ii) be similar in configuration to that Tenant has accepted the Old Relocation Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession performed all of its obligations with respect to the Relocation Premises (except for punch-list items specified in such letter); however, the failure of the New Premises parties to Tenant. Landlord execute such letter shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to not defer the New Premises from Effective Date or otherwise invalidate the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforLease or this Amendment.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Lease Agreement (Mimecast LTD)
Relocation. A. LandlordDuring the term, Landlord shall have the right, at any time during the Extension Termtime, shall have the right upon at least thirty (30) days prior written notice to Tenant, to relocate the Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio the Shopping Center, which new space shall have at least ninety-five percent (such other space being referred 95%) of the square footage set forth in Section 1(g) hereof. Notwithstanding the foregoing, should the term have less than one (1) year remaining as of the effective date of relocation set forth in said notice, and should Landlord and Tenant be unable after a good faith effort to as reach agreement on the “New Premises”) (the “Relocation Option”).
B. Landlord terms of a renewal or extension of this Lease, Tenant shall have the right option to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area terminate this Lease as of the Old Premiseseffective date of relocation, (ii) be similar provided such notice is given in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises writing to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after the date of Landlord's notice. Absent such termination, Tenant shall, not later than the date specified in Landlord's notice, vacate and surrender the Premises, relocate to the new premises, and prepare the new premises for occupancy in substantially the same manner and condition of the Premises. Upon the request of Landlord, Tenant shall execute a supplemental agreement specifying the location of the new premises and the new Base Rent to be payable pursuant to this Lease. The "Base Rent, "property tax costs and "operating costs" payable under this Lease shall be the same on a "per square foot" basis, except that they shall be adjusted based upon the differential, if any, in the size of the old Premises and the new premises. Landlord shall reimburse Tenant for the actual expenses of moving Tenant’s request therefor 's trade fixtures and merchandise from the Premises to the new space, upon written receipt of written verification of payment by Tenant’s submission to Landlord . Except as hereinafter provided, all other expenses inc▇▇▇▇▇ by Tenant as a consequence of reasonable supporting documentation therefor.
D. From and such move shall be absorbed by Tena▇▇. ▇▇thin thirty (30) days after the Relocation Date, all references date Tenant shall have completed renovation of the new premises and opened for business. Landlord shall reimburse Tenant for the unamortized cost of the leasehold improvements made by Tenant to the Premises herein old Premises, based upon cost or costs as set forth in an affidavit to be submitted to Landlord, assuming a useful life of 10 years, and accelerated amortization at the rate of 150%, and subject to Landlord's inspection of Tenant's books as set forth below. In the event Tenant shall mean have amortized the New Premises rather than cost of said improvements (or any parts or components thereof) for tax purposes based on either a shorter useful life or at a more accelerated rate, then such life or rate shall prevail. Landlord shall not be required to reimburse Tenant for any fixtures, inventory or items of personal property which pursuant to the Old Premisesterms of this Lease may be removed by Tenant al the end of the term. Landlord shall have the right to inspect such of Tenant's books and records as Landlord may reasonably request ▇▇ ▇▇▇er to verify the amount which Landlord is required to pay pursuant to this Section.
Appears in 1 contract
Sources: Lease Agreement (FNB Bancorp/Ca/)
Relocation. A. LandlordSubject to the terms hereof, Landlord may, at its option (the "Relocation Option"), at any time, by giving notice to Tenant, exercise a one-time during the Extension Term, shall have the right to require Tenant to vacate and surrender the Additional Storage Space and relocate to reasonably comparable substitute storage space reasonably acceptable to Landlord and Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”"Substitution Space").
B. . Such Substitution Space shall contain useable square feet in an amount not less than the useable area of the Additional Storage Space and of comparable configuration for Tenant’s uses thereof. Landlord shall have the right to exercise the Relocation Option only by giving Tenant not less than one hundred eighty (180) days' prior written notice thereof (the “"Relocation Notice”") to Tenant not later than ninety (90) days before specifying the effective date that the relocation becomes effective (the “"Relocation Effective Date”). A ") of Tenant's relocation to the Substitution Space, whereupon, as of such Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall Effective Date:
(i) The description of the Additional Storage Space, as set forth herein, shall be comprised amended, without further action on the part of rentable area equal either Landlord or Tenant, so that the Substitution Space shall be deemed to or be the Additional Storage Space under the Lease, and all other terms, covenants, conditions, provisions and agreements contained in the Lease shall continue in full force and effect and shall apply to the Substitution Space as if such Substitution Space were the Additional Storage Space originally demised hereunder. In the event that the Substitution Space contains a greater number of useable square feet than the rentable area of Additional Storage Space, then the Old Premises, annual Fixed Rent shall be the same as the annual Fixed Rent for the initial Additional Storage Space set forth in this Amendment;
(ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant the Additional Storage Space and exclusive possession accept occupancy of the Old Premises to Landlord Substitution Space on or before the Relocation Effective Date, provided that such Additional Storage Space to be surrendered to Landlord has theretofore delivered vacant in accordance with the terms of the Lease as if such Relocation Effective Date were the Expiration Date of the Lease. If, however, Tenant shall continue to occupy the Additional Storage Space after the Relocation Effective Date, same shall not result in a renewal of this Amendment or an extension of the Term, but a holdover subject to the terms of Article 18 of the Lease;
(iii) At all times between the date of the Relocation Notice and exclusive the Relocation Effective Date, Landlord shall provide Tenant with access to the Substitution Premises for the purpose of completing alterations and improvements thereto and preparing the same for ▇▇▇▇▇▇’s use; and
(iv) Tenant shall be deemed to have accepted possession of the New Premises Substitution Space in an "as is" condition as of the Relocation Effective Date and otherwise in accordance with the terms and conditions of Section 2(g) of this Amendment. Tenant hereby acknowledges that Landlord shall have no obligation to perform any fit-up or other work to prepare the Substitution Space for Tenant's use thereof. If Landlord exercises this Relocation Option, then Landlord shall reimburse Tenant for any Tenant's actual and reasonable moving out-of-pocket expenses incurred: (a) to make alterations and for any other reasonable costs improvements to the Substitution Space substantially similar to the alterations and expenses incurred improvements made by Tenant in so relocating to the New Premises Additional Storage Space; and (b) in connection with moving Tenant's stored items from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references Additional Storage Space to the Premises herein Substitution Space; provided, however, that Tenant shall mean the New Premises rather than the Old Premisesnot be compensated for, and Landlord shall have no liability to Tenant on account of, any inconvenience to Tenant or any interruption to Tenant's business or affairs.
Appears in 1 contract
Sources: Fourth Lease Amendment Agreement (World Wrestling Entertainmentinc)
Relocation. A. (a) Tenant acknowledges that Landlord shall have an absolute right from time to time to relocate the Premises within the Project, at Landlord's cost, at any time during the Extension Lease Term, provided that the premises to which Tenant is relocated (i) shall be no less than eighty-five percent (85%) of the size of the original premises, (ii) shall have the prominence of location and visibility that is reasonably equivalent to or better than the original premises, (iii) shall be located in an area having substantially similar levels of pedestrian foot traffic, and (iv) shall be appropriately configured for the restaurant use of the original premises. If Landlord exercises its right to relocate Tenant from the Leased Premises (for purposes of pursuant to this Section, the “Old Premises”) to other space Landlord shall notify Tenant in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) writing (the “"Relocation Option”).
B. Notice") specifying the location of the new premises. If Tenant objects to the new premises on the basis that it fails to meet the criteria set forth above, Tenant shall notify Landlord shall have the right to exercise in writing within ten (10) days following the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration specifying its objections to the Old Premisesnew premises. If Tenant fails to object within such 10-day period, and (iii) Tenant shall be within a 3 block radius of deemed to have approved the Old Premisesnew premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable If Tenant objects to the interior installation that then exists in the Old Premises.
C. new premises, Landlord and Tenant shall cooperate reasonably with meet and confer in an attempt to address Tenant's concerns, but if Landlord in connection with Landlord’s designing and performing is unable to resolve the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, same within thirty (30) days after the Relocation Notice, Landlord may terminate this Lease upon written notice to Tenant’s request therefor and Tenant’s submission , which termination shall be effective sixty (60) days after such notice. If Landlord elects to terminate the Lease under this SECTION 2.3, Landlord shall pay to Tenant the unamortized portion of reasonable supporting documentation thereforthe TI Costs, provided Tenant is not in default at the time of such termination.
D. From (b) All costs and after expenses of relocating to the Relocation Datenew premises, including, without limitation, all references reasonable costs incurred by Tenant in relocating the new premises, shall be paid by Landlord. If Landlord exercises its right to relocate Tenant, Landlord shall reconstruct Tenant Improvements in the new premises in a form substantially equivalent to the Tenant Improvements constructed pursuant to EXHIBIT C. Within ten (10) days after Landlord has notified Tenant that it has substantially completed the Tenant Improvements (in accordance with the standards for "Substantial Completion" as set forth in EXHIBIT C) to be constructed by Landlord on the relocated premises, Tenant shall surrender the Premises herein and the relocated premises shall mean be deemed the New Premises rather hereunder. During any portion of such 10-day period that Tenant is not conducting business in either premises, rent and all other costs or charges payable hereunder (other than premiums for insurance maintained by Tenant hereunder) shall be abated and the Old Premises.Lease Term shall be extended for the entire period during which Tenant is not doing business. Upon Landlord's request, Tenant shall execute an amendment designating the relocated Premises on EXHIBIT B.
Appears in 1 contract
Relocation. A. LandlordLandlord shall have the right, at any time during the Extension Term, shall have the right and from time to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than time upon ninety (90) days before the date that the relocation becomes effective days' prior written notice to Tenant, to relocate Tenant to other premises (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the "New Premises. ") within the Shopping Center; subject, however, to the following terms and conditions:
(a) The New Premises shall (i) be comprised of rentable area equal to or greater than have approximately the rentable area of same Floor Area as is contained in the Old Premises, (iib) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised shall be leased to Tenant on the same terms and conditions as provided in this Lease, except that there shall be a proportionate adjustment of a rentable area greater than Minimum Annual Rental and Additional Rental based upon the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct Floor Area in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant (c) Landlord shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises pay to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after following the date Tenant initially opens for business in the New Premises, those expenses reasonably incurred by Tenant in connection with the relocation of Tenant’s request therefor 's personal property; provided, however, Tenant has first provided Landlord with an itemized list of these expenses (accompanied with copies of invoices and Tenant’s submission proofs of payment of same), and (d) Landlord shall pay all costs of the leasehold improvements to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean be constructed at the New Premises rather than and such leasehold improvements shall be substantially similar to the Old leasehold improvements in the Premises. In its notice to Tenant, Landlord shall set forth a timetable for completion of the leasehold improvements in the New Premises. If the New Premises is unacceptable to Tenant for any reason, Tenant shall have the right as its sole remedy hereunder, upon written notice to Landlord to be given within thirty (30) days after Landlord's notice of relocation to Tenant, to terminate this Lease on thirty (30) days' written notice to Landlord. Landlord shall pay to Tenant, within sixty (60) days after said notice is given and upon vacation of the Premises by Tenant, the unamortized book value of Tenant's leasehold improvements, excluding items removable by Tenant at the expiration of the Term pursuant to Section 27.24 (to the extent said leasehold improvements were paid for by Tenant, as evidenced by invoices and proofs of payment of same), depreciated on a straight-line basis over the Term, and Tenant shall provide Landlord with a ▇▇▇▇ of sale for said leasehold improvements.
Appears in 1 contract
Relocation. A. (a) Anything to the contrary contained in this Lease notwithstanding, Landlord, at any time during the Extension Termupon not less than thirty (30) days prior written notice to Tenant, shall have the right and shall use all reasonable efforts to relocate substitute, as of a date specified in said notice (the "Effective Date"), other space (the "Substitute Space") in the Building of which the demised premises forms a part as the demised premises hereunder in lieu of the space (the "Prior Space") then constituting the demised premises hereunder immediately prior to the giving of such notice. If Landlord is unable to procure Substitute Space for Tenant from pursuant to the Leased Premises provisions contained herein as of the Effective Date, Landlord may elect to terminate this Lease on a date (for purposes the "Termination Date") by giving Tenant ten (10) days prior written notice of Landlord's election to have the term of this SectionLease so cease and expire. Upon the giving of such notice by Landlord, the “Old Premises”) to other space term of this Lease shall cease and expire on the Termination Date as if that date were the date originally provided in Landlord’s downtown Kalamazoo portfolio (such other space being referred to this Lease as the “New Premises”) (expiration date of the “Relocation Option”)term hereof, and Tenant shall remain liable for any obligations of Tenant having accrued prior to the Termination Date.
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”b) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration Prior to the Old PremisesEffective date, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense's expense and with Tenant's reasonable cooperation (but at no cost to Tenant), shall construct furnish necessary moving labor to move Tenant and Tenant's equipment and personal property to the Substitute Space, which Substitute Space shall be substantially equivalent in area to the New PremisesPrior Space and, not later than further, Landlord shall reimburse Tenant for the Relocation cost of transferring its telephone service to the Substitute Space.
(c) Automatically on the Effective Date, an interior installation the Substitute Space shall constitute the demised premises hereunder and all of the terms of this Lease shall apply thereto (except that is as comparable as reasonably practicable Landlord shall not be required to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably perform any work or furnish any materials with Landlord in connection with Landlord’s designing and performing the construction of such interior respect to Tenant's installation in the New Premises. Substitute Space, other than as hereinabove specifically provided), and the Prior space shall automatically be deleted from the coverage of this Lease and the term of this Lease insofar as the Prior Space only is concerned shall be deemed to have ceased and expired with the same force and effect as if the Effective Date were originally provided in this Lease as the expiration date hereof but this Lease shall continue in full force and effect for the full term hereof with respect to the Substitute Space).
(d) Tenant shall vacate the Old Premises covenants and agrees to quit and surrender vacant and exclusive full possession of the Old Premises Prior Space to Landlord on the Effective Date free and clear of any leases, tenancies and rights of occupancy of anyone claiming by or through Tenant. If Tenant shall fail or refuse to surrender such vacant full possession of the Prior Space to Landlord on or before the Relocation DateEffective Date (for any reason other than Landlord's failure to furnish moving labor to Tenant), provided then and in such event Tenant shall pay to Landlord for each day or fraction thereof that Landlord has theretofore delivered Tenant shall fail to surrender such vacant and exclusive full possession of the New Premises Prior Space to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses (in addition to all rent and for any other reasonable costs additional rent provided to be paid under this Lease which is applicable from and expenses incurred by Tenant in so relocating after the Effective Date to the New Premises from Substitute Space) an agreed-upon sum equal to three times the Old Premises, within quotient obtained by dividing (i) the sum of the monthly installment of basic annual rent then payable under this Lease plus one-twelfth (1/12) of all additional rent then payable under this Lease by (ii) thirty (30) days after (the "Daily Rate for the Prior Space"). Such Daily Rate for the Prior Space is in the nature of liquidated damages to Landlord for Tenant’s request therefor 's failure to surrender such vacant full possession of the Prior Space to Landlord on or before the Effective Date. The foregoing provision for payment by Tenant of the Daily Rate for the Prior Space shall be without prejudice to Landlord's instituting summary or such other proceedings as Landlord may desire in order to obtain as promptly as possible vacant full possession of the Prior Space. The foregoing provision for payment by Tenant of the Daily Rate for the Prior Space relates solely and directly to Landlord and Tenant’s submission 's mutual agreement to the daily value of the Prior Space to each of Landlord and Tenant taking into consideration Tenant's agreement to comply with the terms of this Article and to surrender vacant full possession of the Prior Space to Landlord of reasonable supporting documentation therefor.
D. From and after on or before the Relocation Effective Date, all references time being deemed of the essence; therefore, in addition to Tenant's agreement to make payment of the Premises herein shall mean Daily Rate for the New Premises rather than Prior Space for each subject day, Tenant agrees to pay Landlord the Old Premises.total amount of any loss, damage, cost or injury (including attorneys' fees and disbursements) suffered by Landlord with regard to any existing or potential transaction which is adversely affected by Tenant's failure or refusal to timely surrender the Prior Space. PLEASE INITIAL [ ] [x] LANDLORD TENANT 2/97 [DIAGRAM]
Appears in 1 contract
Sources: Office Lease (Hanover Capital Mortgage Holdings Inc)
Relocation. A. Prior to Tenant taking occupancy, Landlord, at its option, reserves the right to relocate the Tenant into another space of similar square footage in the Shopping Center. Tenant shall be advised of said relocation on or before sixty (60) days prior to substantial completion of the Landlord’s Work. In the event that Tenant shall not agree to the relocation as provided herein, Tenant may cancel this Lease upon written notice to Landlord within fifteen (15) days after Tenant receives notice of such relocation. Upon cancellation, Landlord shall not be liable to Tenant for any time during damages of any kind whatsoever. Tenant shall have no recourse against Landlord for the Extension Termutilization of this Section. Subsequent to Tenant taking possession of the Premises, shall Landlord shall, at its option, have the right to relocate the Tenant from the Leased Premises (for purposes to another space of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct square footage in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to TenantShopping Center. Landlord shall reimburse must provide Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within with no less than thirty (30) days after Tenant’s request therefor and Tenant’s submission to written notice. Landlord shall pay the reasonable costs of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references moving Tenant to the new premises and for improving the new premises so that they are substantially similar to the Premises. Such move shall be made in the evening or on the weekend to minimize the inconvenience to Tenant. If Landlord exercises its right to relocate Tenant under this Section, the new premises shall be deemed to be the Premises herein under this Lease after Tenant takes occupancy of the new premises. In the event that Tenant shall mean not agree to the New relocation as called for in the preceding Section, Landlord may cancel this Lease upon fifteen (15) days written notice to Tenant. Tenant, upon receipt of notice, shall vacate the Premises rather no later than the Old Premiseslast day of the month in which Tenant receives said notice.
Appears in 1 contract
Sources: Lease Agreement
Relocation. A. Landlord, 37.1 The Landlord shall be entitled at any time prior to the Commencement Date or during the Extension Termcurrency of this Lease to offer to the Tenant reasonably comparative alternative premises elsewhere in the Building [“the alternative premises”]. Notice of such offer shall be given to the Tenant stating the asking rental that will be payable for the alternative premises and the date upon which the same will be available (which date in the case of relocation after the commencement of this Lease will not be less than 6 [six] months after the date of such notice). The offer shall further state the amount which the Landlord offers the Tenant as a reasonable contribution to the Tenant’s moving costs. The rental and moving costs shall be subject to the arbitration or adjudication as referred to below in this clause 37.
37.2 Should such offer be accepted the Tenant will move to alternative premises on the date stated in the notice and all the provisions of this Lease will thereafter apply to the alternative premises mutatis mutandis other than the basic rental which in the absence of agreement between the parties before the expiry of the time stated in the offer for acceptance, shall be the then current market rental appropriate to the premises of the nature of the alternative premises as determined by an Independent Valuer appointed by the parties jointly, but in whose absence of agreement on the appointment of such Valuer, by the President of the South African Institute of Valuers, for that purpose, which Valuer shall act as an expert, not as arbitrator. The decision of such Valuer, both as to findings and as to costs, shall be binding on the Landlord and Tenant. Such Valuer shall render his decision within two weeks of hearing evidence and/or receiving written statements of case from the parties, which parties shall co-operate to have the right matter heard expeditiously. The Valuer shall not be bound by the Arbitration Act. The provisions of this clause shall apply mutatis mutandis to relocate Tenant from the Tenant’s moving costs, in the absence of agreement thereon.
37.3 Should the alternative premises be premises existing at the time the Leased Premises (stated in 1.3 of the Schedule were occupied by the Tenant, then the basic monthly and turnover rates stipulated or calculable herein shall remain unchanged but if the alternative premises are newly constructed, such Valuer, in the absence of agreement between the parties, shall determine also the then prevailing market rates of rental and escalation and turnover rental for purposes the alternative premises.
37.4 Should the Tenant fail to accept such offer within 14 [fourteen] days of its having been made or within 14 [fourteen] days of the date of final determination by the Valuer as in this Sectionclause 37 set out, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right be entitled to exercise the Relocation Option only by giving terminate this Lease upon not less than 6 [six] months notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premiseseffect.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. Landlord may, at any time, but on only one (1) occasion, relocate Tenant to another area of the Building (herein referred to as “new premises”) providing the new premises shall be substantially similar in size, location (must be on the same floor or higher), utility, window line, quality, appearance, and use for Tenant's purposes. If Tenant is already occupying the Premises at the time Landlord exercises the rights granted by this Article, Landlord, at any time during the Extension Termits expense, shall have remove, relocate, and reinstall Tenant’s equipment, furniture, and fixtures, including all wiring and cabling in the right to relocate Tenant from new premises and redecorate the Leased Premises (for purposes of this Sectionnew premises so that they will be substantially the same as the former Premises, the “Old Premises”) to other space in all at Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. sole cost and expense. In addition, Landlord shall have pay all reasonable out-of-pocket costs directly related to such relocation, including, without limitation, any other costs necessary to improve the right new premises to exercise the Relocation Option only same level of finish as existed in the original Premises, wiring/cabling costs, moving costs, and the cost of stationery and similar items rendered useless by giving notice thereof (the “Relocation Notice”) to such relocation. Landlord shall give Tenant not later than at least ninety (90) days days’ notice before making such change. Tenant shall cooperate with Landlord in all reasonable ways to facilitate the date that move. Tenant may elect to have the relocation becomes effective (the “Relocation Date”)physical move occur during weekend or evening hours in order to minimize any effect on Tenant’s business. A Relocation Notice Tenant shall not be effective unless Landlord includes therewith a floor plan identifying required to physically move until such time as the New new premises is ready for business to be conducted therefrom. If the new premises is larger than the original Premises. The New Premises shall , then (i) Tenant’s Share shall be comprised of rentable area equal to or greater than the rentable area of the Old Premisesadjusted proportionately, and (ii) Base Rent shall be similar reduced so that, when combined with Tenant’s Share of Operating Expenses and Taxes, the total amount due from Tenant in configuration to accordance with this Lease for Base Rent, Operating Expenses, and Taxes does not exceed the Old amounts that would have been payable for the original Premises. If the new premises are smaller than the original Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor Base Rent and Tenant’s submission to Landlord of reasonable supporting documentation thereforShare shall be reduced proportionately.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. LandlordIn order to accommodate a tenant of 10,000 rentable square feet or more, Landlord shall have the right at any time during the Extension Term, Term to relocate the entire Premises to another part of the Building or to another building in the Project in accordance with the following:
(a) The new premises shall (i) have the right to relocate Tenant from same or not more than fifty percent (50%) more than the Leased usable and rentable area as the Premises described in this Lease, (ii) be contiguous space located on the 8th floor or higher and have comparable or better views, (iii) have a comparable layout and décor, and (iv) have tenant improvements of equal or greater quality, appearance, condition and function (for purposes Tenant’s purposes) as the original Premises;
(b) The physical relocation of this Sectionthe Premises, including, without limitation, the “Old Premises”relocation of cabling, wiring, telephone lines and computer equipment, and moving of Tenant’s furniture, equipment, supplies, and personal property to the relocated premises shall be accomplished by Landlord at its cost;
(c) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) deliver to Tenant not later than at least ninety (90) days before prior written notice of Landlord’s intention to relocate the Premises (a “Relocation Notice”), which Relocation Notice shall identify the proposed Relocated Premises and set for the date that by which the relocation becomes effective shall have occurred (the “Relocation Date”). A Tenant shall have the right, exercisable by delivery of written notice to Landlord (a “Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall Termination Notice”) within ten (i10) be comprised business days of rentable area equal delivery to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised Tenant of a rentable area greater than the rentable area of the Old Premises. LandlordRelocation Notice, at Landlord’s expenseto terminate this Lease, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. which event Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord in accordance with this Lease on or before the Relocation Date, provided that Landlord has theretofore delivered vacant Date and exclusive possession this Lease shall terminate upon the later of the New Premises to date of such surrender or the Relocation Date; provided, further, upon receipt of a Relocation Termination Notice from Tenant. , Landlord shall reimburse have the right, exercisable upon delivery of written notice to Tenant for any reasonable moving expenses to rescind its Relocation Notice and for any other reasonable Tenant’s right to terminate this Lease;
(d) The physical relocation of the Premises shall take place on a weekend and shall be substantially completed before the Monday following the weekend in which the relocation takes place. If the physical relocation has not been completed in that time, Rent shall ▇▇▇▇▇ from the time the physical relocation commences to the time it is substantially completed;
(e) Reasonable, out-of-pocket costs and expenses incurred by Tenant as a result of the relocation, including, without limitation, costs incurred in so relocating changing addresses on stationery, business cards, directories, advertising, and other such items, shall be paid by Landlord, in a sum not to exceed seven thousand five hundred dollars ($7,500.00);
(f) Landlord shall not have the right to relocate the Premises prior to the New end of the eighteenth (18th) month or more than once during the Term of this Lease;
(g) If the relocated Premises from is a different square footage than the Old Premises described in this Lease, the Base Rent shall be adjusted to a sum computed by multiplying the Base Rent specified in the Basic Lease Information by a fraction, the numerator of which shall be the total number of rentable square feet in the relocated Premises, within thirty (30) days after and the denominator of which shall be the total number of rentable square feet in the Premises before relocation, provided, however, in no event shall the Base Rent or Tenant’s request therefor Proportionate Share(s) be increased as a result of such relocation; and
(h) The parties shall immediately execute an amendment to this Lease stating the relocation of the Premises and the adjustment of Base Rent and Tenant’s submission to Landlord of reasonable supporting documentation thereforProportionate Share(s), if any.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. Landlord shall notify Tenant in writing at least fifteen (15) days prior to the completion of the Landlord’s Work as to the approximate date Landlord anticipates completion of the Landlord’s Work. The “Relocation Date” means that date which is three (3) days after the date Landlord gives Tenant written notice (“Relocation Notice”) that the Sixth Floor Premises is ready for occupancy and Tenant should relocate to the Sixth Floor Premises. As soon as possible after, but not later than fifteen (15) days after, the Relocation Date, at any time during the Extension TermTenant’s sole cost and expense, Tenant shall have fully vacated the right to relocate Existing Premises and removed all its personal property and effects therefrom and relocated into the Sixth Floor Premises, and Tenant from should have left the Leased Existing Premises in the condition required under the Lease at termination of the Lease (for purposes of this Section, and the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being date Tenant does so is hereinunder referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Vacation Date”). A Relocation Notice Commencing from and after the Commencement Date for the Sixth Floor Premises and until the Vacation Date, the “Premises” under the Lease shall mean and refer to both the “Sixth Floor Premises” and the “Existing Premises.” Until the Commencement Date for the Sixth Floor Premises, however, Tenant shall continue paying all Rent required to be paid under the Lease with respect to the Existing Premises and shall not be effective unless Landlord includes therewith a floor plan identifying required to pay Rent with respect to the New Sixth Floor Premises. The New If Tenant has not vacated the Existing Premises shall by the date fifteen (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (3015) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references then until the Vacation Date, Tenant shall continue paying Rent with respect to the Existing Premises herein and shall mean pay Rent with respect to the New Sixth Floor Premises rather than until Tenant has fully vacated the Old Existing Premises and removed all its personal property and effects therefrom; provided that Tenant’s failure to vacate within fifteen (15) days after the Relocation Date shall not constitute a material default under the Lease. Nothing in this Second Amendment is intended to release Tenant from any claims, liabilities or damages Tenant or its agents, employees or contractors may have caused to the Existing Premises. Following the Commencement Date for the Sixth Floor Premises, Tenant shall, within five (5) business days of Landlord’s request to do so, execute and deliver to Landlord a Commencement Date Certificate in such form requested by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Rentech Inc /Co/)
Relocation. A. Landlord, at any time during Tenant agrees that within five (5) business days of the Extension Term, New Possession Date (as hereinafter defined) it shall have the right to relocate Tenant from the Leased Current Premises to that certain premises located on the 19th floor of the Building and consisting of approximately 2,362 square feet as shown "cross-hatched" on the site plan attached hereto as Exhibit A (for purposes the "New Premises"), and such relocation shall be in accordance with all the terms and conditions of this Section, Second Amendment. Possession of the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall be deemed to have been tendered and accepted on the date (ithe "New Possession Date") be comprised of rentable area equal Landlord delivers a possession notice to or greater than Tenant. Notwithstanding the rentable area foregoing, Landlord agrees that it shall not deliver a possession notice to Tenant until it has substantially completed all of the Old Premises, Landlord's Work (iias defined in Paragraph 3 below) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate acknowledges and agrees that, subject to the Old provisions of Paragraph 3 below and any punchlist items relating to Landlord's Work, Tenant is accepting the New Premises "as-is" with no representation and surrender vacant and exclusive possession of warranty by Landlord as to the Old Premises to Landlord on condition or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession suitability of the New Premises for Tenant's intended use. On or before the New Possession Date, Tenant shall provide Landlord with written evidence in form and substance satisfactory to TenantLandlord that the insurance Tenant is required to carry pursuant to Paragraph 11 of the Lease covers the New Premises. During the period commencing on the New Possession Date and continuing through and including the date Tenant completely vacates and surrenders the Current Premises, as more particularly described herein, the term "Premises" shall be deemed to refer to both the New Premises and the Current Premises, except as specifically stated herein.
(i) relocate to the New Premises; (ii) commence conducting business therein; and (iii) surrender the Current Premises to Landlord shall reimburse pursuant to Paragraph 21 of the Lease. Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating may relocate to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after at any time during the Relocation Period. During the period commencing on the New Possession Date and continuing through 11:59 P.M. (Central Standard Time) of the date immediately preceding the New Commencement Date (as hereinafter defined), Tenant shall continue to pay Base Rent and Base Rent Adjustments, as such terms are defined in the Lease, in the amounts and in the manner set forth in the Lease and all such items of rent determined on the basis of the square footage of the Leased Premises shall be calculated on the basis of 2,362 square feet. Notwithstanding anything to the contrary contained in the Lease or this Second Amendment, Tenant is required to conduct business in the Current Premises through the end of the normal business hours on the date immediately preceding the date Tenant commences to conduct business in the New Premises. In the event that Tenant does not vacate the Current Premises on or prior to the New Commencement Date, all references of the provisions of the Lease shall continue to apply to the Current Premises herein and Tenant shall mean be considered to be a holdover Tenant in the New Current Premises rather than and Landlord shall have all of the Old Premisesright and remedies with respect to such holding over set forth in Paragraph 19 of the Lease and available at law or in equity.
Appears in 1 contract
Sources: Lease (Medialink Worldwide Inc)
Relocation. A. Landlord, at any time during the Extension Term, shall have Grantor reserves the right to relocate Tenant from the Leased Premises (for purposes of this SectionEasement Premises, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being including those parts thereof referred to herein as: the Header Pipe Easement Area; the Thirty Inch Pipe Easement Area; the Existing Swale and New Culverts Easement Area; the Over flow and Spillway Easement Area; or the Southeast Properties Easement Area as follows:
A. Grantor shall first notify the “New Premises”) (Grantee of the “Relocation Option”)proposed relocation by mailing notice to the Grantee at his last address furnished pursuant hereto showing the proposed relocation, probable commencement and completion dates, all by mailing same, postage prepaid, at least 120 days prior to commencement of any such relocation. The notice shall also set forth in engineering terms the entire drainage purpose and proposal contemplated by the relocation including, at a minimum, computations and reasonably specific plan information sufficient to permit, or allow, an engineering analysis of the proposed drainage system including a comparison to the existing drainage systems.
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice The easement area shall not be effective unless Landlord includes therewith moved to any location at or in any manner as a floor plan identifying result of which the New Premisesdrainage benefits to Parcel II contemplated by this Agreement are unreasonably reduced, limited or obstructed in any manner. The New Premises Grantor shall (i) at Grantor’s sole cost and expense improve the new easement premises with all drainage improvements as may be comprised determined by the mutual agreement of rentable area equal the Parties’ engineers to or greater assure that the new easement premises shall in all events provide not less than the rentable area of the Old Premises, (ii) be similar in configuration same drainage benefits to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is Parcel II as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesare contemplated by this Agreement.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing At the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession completion of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant work and exclusive possession acceptance of the New Premises same by Grantee, with such acceptance not to Tenant. Landlord be unreasonably withheld, the Grantor and the Grantee shall reimburse Tenant for any reasonable moving expenses each execute and for any other reasonable costs and expenses incurred by Tenant record an easement grant in so relocating substantially the same form as this Agreement granting the new easement to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission Grantee in recordable form with return address shown as being to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references delivered to the Premises herein Grantee, and shall mean furnish the New Premises rather than Grantee evidence of title satisfactory to the Old PremisesGrantee and title insurance as described in Section 9 above, showing an unencumbered easement in Grantee, whereupon the change in location of the easement premises shall become effective, and appropriate releases of the prior location shall be executed in recordable form and exchanged between the parties hereto, their successors or assigns.
Appears in 1 contract
Sources: Purchase and Sale Agreement
Relocation. A. Landlord, Landlord reserves the right at any time prior to the Commencement Date or during the Extension Term, shall have the right Lease Term upon sixty (60) days' prior written notice to relocate Tenant from within the Leased Premises Building provided: (for purposes of this Section, 1) that Tenant approves the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area location and size of the Old Premises, (ii) be similar in configuration to the Old Premises, new premises and (iii2) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any pays all reasonable moving expenses and for any other reasonable costs and expenses relocation costs incurred by Tenant in so relocating connection with such move, including, without limitation, costs of reprinting a reasonable amount of stationery, reconnecting computers and telecommunication equipment. If Landlord exercises this right, the written notice to Tenant shall include a drawing showing the size and location of the new premises. If Tenant approves the new location, the parties shall execute an amendment to this Lease which will specify the change in premises, but this Lease shall in no other respect be amended and the rent payable hereunder shall not ▇▇▇▇▇ except for the period actually involved in the moving of Tenant. If Tenant does not send Landlord written notice of its disapproval of the proposed relocation within said sixty (60) day period, Tenant shall be conclusively presumed to have approved the same. If Tenant shall send a notice disapproving the proposed relocation during said sixty (60) day period, then Landlord, at its option, may (i) rescind the notice of relocation (in which event this Lease shall continue to the New Premises from same extent as if no such notice had been sent), or (ii) terminate this Lease upon sixty (60) days' written notice (in which event the Old Premises, rights of the parties shall be the same as if the Lease had terminated by expiration of the Lease Term). Landlord shall make its election within thirty ten (3010) days after Tenant’s request therefor following the first said sixty (60) day period and Tenant’s submission to Landlord of reasonable supporting documentation thereforshall give Tenant written notice thereof specifying its election.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Sources: Lease Agreement (Corporate Office Properties Trust)
Relocation. A. Landlord, at any time during the Extension Term, shall have Landlord reserves the right upon sixty (60) days written notice to relocate Tenant from the Leased Premises (for purposes of this SectionTenant, the “Old Premises”) to substitute other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as within the “New Premises”) Building (the “Relocation Option”).
B. Landlord shall "Substitute Premises") for the Premises, provided that the Substitute Premises at least (a) contain approximately the same or a greater number of square feet an the Premises; (b) contain comparable tenant improvements and have the right to exercise the Relocation Option only by giving notice thereof a comparable view, and (the “Relocation Notice”c) are made Available to Tenant not later than ninety (90) days before at a rental rate equal to the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall lesser of (i) be comprised of rentable area equal to or greater than the rentable area fair market rent for the Substitute Premises for the time period in question (namely, from the delivery date of the Old PremisesSubstitute Premises through the Expiration Date), and (ii) be similar Base Rent rate called for under this Lease as of the time of, the substitution, either on a per square foot basis or in configuration total. If the substitution occurs prior to the Old date Tenant initially occupies the Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses the necessary and for any other reasonable costs and expenses incurred by Tenant in so relocating planning for the space in the initial Premises which expenses have been previously approved by Landlord and which have no benefit to Tenant in the New Substitute Premises; If the Substitute Premises from the Old Premisesare not acceptable to Tenant, Tenant may terminate this Lease by written notice given within thirty (30) days after its receipt of Landlord's relocation notice, such termination to be effective on the relocation date stated in Landlord's notice to Tenant’s request therefor . If Tenant is occupying the Premises at the time; Landlord gives notice of any such relocation, Landlord shall pay the reasonable cost of moving Tenant, its property and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references equipment to the Substitute Premises herein and shall, without cost or expense to Tenant, improve the Substitute Premises with improvements substantially similar to those located in the Premises. All of the other terms, covenants and conditions of the Lease shall mean remain unchanged and in full force and effect, except that Section 1 and Exhibit B shall be revised to identify the New Substitute Premises, to state the square foot area of the Substitute Premises rather and to make the change, if any, in Base Rent. If Tenant elects to move to new space in the Building other than at the Old Premisesrequest of Landlord, the terms of this section shall be inapplicable.
Appears in 1 contract
Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof right, at its option upon not less than sixty (the “Relocation Notice”) to Tenant not later than ninety (9060) days before prior written notice to Tenant, to relocate Tenant and to substitute for the date Premises described above other space in the Building containing at least as much contiguous rentable area as the Premises described in Section 1A above. The relocation premises will be located on the same or higher floor in the Building and shall contain improvements that are at least substantially the same in quantity and quality as the Premises. If Tenant is already in occupancy of the Premises, then Landlord shall approve in advance the relocation becomes effective expenses for purposes of reimbursement for Tenant’s reasonable’ moving, build out, electrical services and telephone relocation expenses (the “Relocation Date”including building a server room and associated cabling). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal , so as to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct create in the New Premises, not later than the Relocation Date, an interior installation that is new space in a substantially similar space build out and operation as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant for reasonable quantities of new stationery and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s business cards upon submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to receipts for such expenditures incurred by Tenant. The relocation premises will then become the Premises herein shall mean hereunder and the New Rent and other sums payable hereunder will be adjusted, if necessary, to reflect any increase or decrease in the square footage of the Premises, provided, however, that if the relocation occurs during the initial Term then Rent will not be increased and further provided that if the relocation occurs during the first renewal term, then Rent will not be increased unless the increase in square footage results in additional built-out offices (as opposed to common areas such as reception areas or corridors) and is utilized by Tenant. Notwithstanding the foregoing, if Tenant is unwilling to accept any relocation premises proposed by Landlord, Tenant may terminate this Lease upon written notice to Landlord delivered within ten days following the date Tenant receives Landlord’s notice as set forth above. In the event of such termination, Tenant will vacate the Premises rather than within sixty (60) days following the Old Premisesdate written notice of termination is delivered to Landlord and, in such event, this Lease will be terminated on the date the Premises are vacated and possession thereof is returned to Landlord.
Appears in 1 contract
Sources: Lease Agreement (XOOM Corp)
Relocation. A. Landlord, at its sole expense, on at least 120 days’ prior written notice to Tenant, may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Complex. In the event of any time during such relocation, Landlord shall pay all the Extension Termexpenses: (a) of preparing and decorating the new premises so that they will be substantially similar to the Premises; (b) of moving Tenant’s furniture and equipment to the new premises (including Tenant’s data and communication wiring and cabling); and (c) that Tenant actually and reasonably incurs out-of-pocket (and which Tenant can document with written records) in connection with Tenant notifying its clients of such relocation, obtaining new letterhead and business cards, and other incidental expenses related directly to Tena▇▇’▇ ▇elocation. Tenant shall execute any reasonable amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Upon the effective date of the relocation: (i) the description of the Premises set forth in this Lease shall, without further act on the part of Landlord or Tenant, be deemed amended so that the new premises shall, for all purposes, be deemed the Premises hereunder, and all of the terms, covenants, conditions, provisions, and agreements of this Lease, including those agreements to pay Rent (at the same rate per rentable square foot), shall continue in full force and effect and shall apply to the new premises; and (ii) Tenant shall move into the new premises. Notwithstanding anything to the contrary, Tenant shall have the right to relocate Tenant from terminate the Leased Premises Lease by written notice to Landlord not more than ten (for purposes 10) days after Tena▇▇’▇ ▇eceipt of this SectionLandlord’s relocation notice and, in such event, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord Lease shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before terminate on the date that the relocation becomes effective is sixty (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (3060) days after Land▇▇▇▇’▇ ▇eceipt of Tenant’s request therefor and Tenant’s submission to termination notice unless Landlord revokes its relocation notice within ten (10) days from receipt of reasonable supporting documentation thereforTena▇▇’▇ ▇ermination notice.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. LandlordFor purposes of the First Floor Additional Premises only, the following terms and provisions regarding relocation shall be applicable: "Landlord reserves the right to designate another location in the Building for the First Floor Additional Premises at any time during the Extension Lease Term, shall have and if Landlord elects to so designate a new location for the right to relocate First Floor Additional Premises, Tenant from will vacate the Leased old First Floor Additional Premises and move into the new First Floor Additional Premises (for purposes which will contain substantially the same number of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to square feet of Rentable Space as the “New old First Floor Additional Premises”) (when the “Relocation Option”).
B. Landlord finish-out improvements therein are substantially completed; provided, however, that Tenant shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than be notified in writing at least ninety (90) days before prior to said relocation, and Landlord shall pay all reasonable out-of-pocket moving expenses and all reasonable expenses for redesigning the date that new First Floor Additional Premises in a manner reasonably comparable to the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area design of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old old First Floor Additional Premises. In no the event the First Floor Additional Premises are relocated, Base Rental and Tenant's Additional Rental shall thereafter be calculated hereunder on the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area basis of the Old Premises. Landlord, at Landlord’s expense, shall construct in total Rentable Space of the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old new First Floor Additional Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises."
Appears in 1 contract
Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof right, at its option upon not less than sixty (the “Relocation Notice”) to Tenant not later than ninety (9060) days before prior written notice to Tenant, to relocate Tenant and to substitute for the date that Premises described above other space in the Building containing at least as much rentable area as the Premises described in Section 1A above. If Tenant is already in occupancy of the Premises, then Landlord shall approve in advance the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised expenses for purposes of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to reimbursement for Tenant. Landlord shall reimburse Tenant for any 's reasonable moving and telephone relocation expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s quantities of new stationery upon submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to receipts for such expenditures incurred by Tenant. The relocation premises will then become the Premises herein shall mean hereunder and the New Rent and other sums payable hereunder will be adjusted, if necessary, to reflect any increase or decrease in the square footage of the Premises. Notwithstanding the foregoing, if Tenant is unwilling to accept any relocation premises proposed by Landlord, Tenant may terminate this Lease upon written notice to Landlord delivered within ten days following the date Tenant receives Landlord's notice as set forth above. In the event of such termination, Tenant will vacate the Premises rather than within sixty (60) days following the Old Premisesdate written notice of termination is delivered to Landlord and, in such event, this Lease will be terminated on the date the Premises are vacated and possession thereof is returned to Landlord.
Appears in 1 contract
Sources: Office Lease (Tenera Inc)
Relocation. A. LandlordThroughout the term of this Lease or any renewal or extension thereof, at any time during the Extension Term, Lessor shall have the right and option, upon sixty (60) days notice to Lessee, to require the Lessee to relocate Tenant from the Leased Premises (to any substantially similar premises within the Building. In the event of Lessor's exercise of its option to relocate the Lessee in the manner hereinabove set forth, all reasonable expenses of moving the Lessee and of decorating the new Leased Premises shall be at the expense of the Lessor. In the event that comparable Leased Premises are not available within the Building, and the Lessee shall agree to relocate to less desirable premises or to reduce the size of the Leased Premises, the Lessor and the Lessee shall agree to a reduction in the amount of the Base Rental and the percentage of the Total Rentable Area contained within the Leased Premises so as to effect an equitable adjustment in rentals commensurate with the relocated Leased Premises. Notwithstanding anything to the contrary in Section 38, above, Lessor hereby agrees that Lessor shall not relocate Lessee more than once and that it shall not relocate Lessee except for the purposes of this Section, the “Old Premises”) leasing Lessee's Leased Premises to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, prospective tenant which would lease at Landlord’s expense, shall construct least 25,000 square feet in the New PremisesBuilding. Additionally, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old event that Lessor exercises its option to relocate Lessee, Lessor hereby agrees to grant Lessee a one (1) month rental abatement. Said one (1) month rental abatement shall be applied against the initial month of Lessee's Base Rental for Lessee's relocated Leased Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. LandlordFor a period of one year after expiration of the primary term of this Lease and only so long as the initial Lessor (or another "institutional" purchaser which is not in the business of developing or operating warehouses, but for this purpose ownership of warehouses operated by others shall not be deemed "operating" warehouses) owns the Premises, Lessee shall not transfer any of Lessee's business being conducted on the Premises at the termination of the primary term of this Lease to any time during warehouse developed by Lessee or its affiliates that is within a ten (10) mile radius of the Extension TermPremises (a "Lessee Warehouse") unless the Premises are no longer suitable for the business being conducted thereon. If Lessee determines that the Premises are no longer suitable for the business being conducted thereon, Lessee shall deliver to Lessor an affidavit executed by an officer of GATX Corporation on behalf of such corporation certifying that the Premises are no longer suitable for the business being conducted thereon and setting forth the reasons why. Upon receipt of such affidavit Lessor shall have the right to relocate Tenant from make the Leased Premises (suitable to Lessee, if possible, at Lessor's sole cost and expense, within the time reasonably required by Lessee. If Lessor is able to make the Premises suitable for purposes of this SectionLessee within the time reasonably required by Lessee, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice Lessee shall not be effective permitted to transfer the business to a Lessee Warehouse unless Landlord includes therewith a floor plan identifying Lessee agrees to extend the New Premises. The New Premises shall Lease term for one (i1) be comprised of rentable area equal to or greater than additional year after the rentable area expiration of the Old Premises, (ii) primary term of this Lease. Such extension shall be similar at the rate for Basic Rent in configuration effect for the period immediately prior to such extension adjusted in the Old Premisesmanner provided in Section 3.2 for adjustments during the primary term of this Lease. Lessee shall be under no obligation to use or occupy the Premises during such extension period provided it pays all Basic Rent and additional rent due hereunder, and this Lease shall terminate at the end of such one (iii1) be within a 3 block radius of the Old Premisesyear period without any further restrictions pursuant to this Section 15.15. In no event shall the monthly rental amount increase provisions of this Section 15.15 apply if Lessee has exercised any option to renew the New Premises is comprised term of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesthis Lease.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. Landlord44.01 Landlord may, at any time during its option, before or after the Extension TermCommencement Date, elect by notice to Tenant to substitute for the Demised Premises other office space in the Building or The Expressway Plaza at Roslyn, d▇▇▇▇▇▇ted by Landlord (hereinafter called "Substitute Premises"), provided that the rentable square foot area of the Substitute Premises is not less than one hundred percent (100%), nor larger than one hundred fifteen percent (115%) of the rentable square foot area of the Demised Premises. Landlord's notice shall have set forth the right to relocate date which Tenant from shall vacate and surrender the Leased Demised Premises and occupy the Substitute Premises (for purposes of this Section, herein called the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “"Relocation Option”Date").
B. . The Relocation Date designated by Landlord shall have the right to exercise the Relocation Option only by giving notice thereof be no earlier than thirty (the “Relocation Notice”) to Tenant not later than ninety (9030) days before after the date that the relocation becomes effective (the “Relocation Date”)of Landlord's notice. A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall shall, at Landlord's expense, (i) be comprised of rentable area equal furnish and install in the Substitute Premises fixtures and improvements substantially similar to or greater than those contained in the rentable area of the Old Demised Premises, ; (ii) be similar in configuration provide to Tenant at Landlord's sole expense, moving personnel to perform the moving of Tenant's property and equipment from the Demised Premises to the Old Substitute Premises, ; and (iii) be within a 3 block radius reimburse Tenant for Tenant's actual reasonable out-of-pocket costs incurred by Tenant in connection with the relocation of any telephone or other communications equipment from the Old Demised Premises to the Substitute Premises. In no event shall If Landlord elects to substitute other premises prior to the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Commencement Date, Landlord, at Landlord’s 's expense, shall construct improve the Substitute Premises substantially in accordance with the Work Letter attached hereto as Exhibit C. Tenant agrees to execute such documents, as in Landlord's sole opinion, are necessary, appropriate or desirable in order to reflect the substitution of the Substitution Premises for the Demised Premises, which documents shall set forth any adjustment in the New PremisesFixed Rent and Tenant's Proportionate Share as may be required by reason of such substitution as well as any other changes or modifications to this Lease made necessary by, not later than and attributable to such substitution. From and after the earlier of: (a) the date on which Tenant shall actually vacate and surrender the Demised Premises to Landlord or (b) the Relocation Date, an interior installation that is as comparable as reasonably practicable this Lease: (i) shall no longer apply to the interior installation that then exists in Demised Premises, except with respect to all obligations to pay Fixed Rent and Additional Rent and all other obligations which accrued on or prior to such date, including without limitation the Old Premises.
C. liabilities and obligations imposed upon Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing as a holdover Tenant if the construction of such interior installation in the New Premises. Tenant shall fails to vacate the Old Premises and surrender vacant and exclusive possession of the Old Demised Premises to Landlord on or before the Relocation Date; and (ii) shall apply to the Substitute Premises as if the Substitute Premises had been the space originally demised under this Lease. In the event Tenant without Landlord's prior written consent, provided that fails to vacate and surrender the Demised Premises on or before the Surrender Date, then Tenant agrees to reimburse Landlord has theretofore delivered vacant and exclusive possession for all of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable damages, costs and expenses incurred by Landlord by reason of such failure including lost rent, and all legal fees incurred by Landlord, and Tenant shall be liable to Landlord and reimburse Landlord, as Additional Rent, all of such costs, expenses and damages including without limitation, fair value, use and occupancy for the Demised Premises in so relocating the amount equal to two hundred percent (200%) of the Fixed Rent and Additional Rent which would have been due for the Demised Premises (which shall be in addition to the New Fixed Rent and Additional Rent for the Substitute Premises) and any lost rent from any lease agreement or prospective lease agreement for the Demised Premises from the Old Premiseswhich Landlord had executed or was then negotiating, within thirty which leasing (30and/or tenant or prospective tenant) days after Landlord lost, by reason in whole or part of Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after 's holding over beyond the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.
Appears in 1 contract
Relocation. A. Landlord, at At any time during after the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes date of this SectionLease, Landlord may substitute for the “Old Premises”) to Premises other space premises in Landlord’s downtown Kalamazoo portfolio the Building (such other space being referred to as the “New Premises”) (the “Relocation Option”).
B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying , in which event the New Premises. The Premises thereafter shall be deemed to be the Premises for all purposes under this Lease, provided that: (a) the New Premises shall be similar to the Premises in square footage, area, directional views, finishes, configuration and on a floor located in the highrise elevator bank; (ib) be comprised of rentable area equal to or greater than if Tenant is then occupying the rentable area of the Old Premises, Landlord shall give Tenant not less than sixty (ii60) be similar in configuration to days prior written notice of such substitution; (c) if Tenant is then occupying the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.
C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any pay the actual and reasonable expenses of physically moving expenses Tenant, its then existing property and for any other reasonable costs and expenses incurred by Tenant in so relocating its then existing equipment to the New Premises from and Landlord shall pay the Old Premisesactual and reasonable expenses of replacing the then unusable printed materials of Tenant; (d) Landlord, at its expense, shall improve the New Premises in a manner substantially similar to those in the Premises at the time of such substitution, as mutually agreed between Tenant and Landlord; and (e) Tenant shall execute an amendment to this Lease substituting the New Premises for the Premises described in this Lease and all other provisions of this Lease shall remain in full force and effect. If Tenant fails to execute such amendment within fifteen (15) days of Landlord's demand that such amendment be executed and vacate the Premises described above and occupy the New Premises within thirty (30) days after of such demand, then Landlord, at its option, and in addition to any rights available to it whether hereunder or otherwise, may terminate this Lease by giving written notice to Tenant’s request therefor . Landlord and Tenant’s submission to Landlord of reasonable supporting documentation therefor.
D. From and after the Relocation Date, all references to the Premises herein shall mean Tenant agree that if the New Premises rather than are not ready for occupancy at the Old Premisesconclusion of said thirty (30) days as a result of Landlord's actions, Tenant shall take possession and occupy the New Premises within seven (7) days of notification by Landlord that the New Premises are ready for occupancy.
Appears in 1 contract
Sources: Office Building Lease