Right of Relocation. In the event Landlord elects to cause an expansion or contraction of the Leased Premises or Building, or Landlord deems it advisable to relocate the Tenant, then Landlord, upon ninety (90) days prior notice in writing to Tenant, may terminate this Lease. During the ninety (90) days period, Landlord shall offer to Tenant such alternative location of approximately the same square footage as may be available in the Building from time to time. In the event the parties agree upon a specific location, then this Lease shall be amended by substituting the new location for the present location and rent shall be proportionately adjusted. Landlord shall cause all construction in the new premises to be completed and open for business within thirty (30) days following delivery of the new premises to Tenant. Landlord shall pay all costs in constructing Tenant’s work in new premises plus the reasonable costs of relocating Tenant from the original premises to the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety (90) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord within thirty (30) days of such date). Unless otherwise provided herein, Tenant shall be released from any and all further obligations pursuant to this Lease accruing or arising from and after the date of termination with respect to the vacated premises, except for any indemnification which survives this Lease and provided however, that in the event of relocation, Tenant shall remain liable for such obligations and charges accruing under this Lease after the date of such relocation.
Appears in 2 contracts
Sources: Gross Lease Agreement, Gross Lease Agreement
Right of Relocation. In The foregoing notwithstanding, in the event that on or before December 31, 2008 Landlord elects is able to cause an expansion or contraction of recapture the Leased Premises or Building25,589 rsf currently occupied by Geotrust ("Geotrust Space"), or Landlord deems it advisable Tenant will have a one time option to relocate to said Geotrust Space ("Relocation Option"). The Relocation Option shall be under the following general terms and conditions (and shall be more particularly articulated and described in an amendment to be executed between the Landlord and Tenant):
a. Expiration Date for Geotrust Space: December 31, 2009
b. Rent for Geotrust Space: Same rent (per square foot) as rent for Additional Expansion Premises
c. Square Footage: 25,589 +/- rsf
d. Condition of Geotrust Space: "As-Is"
e. If the Geotrust Space becomes available before December 31, 2008, Landlord shall, within five (5) business days of determining such space has become available, offer to lease such space to Tenant in writing ("Landlord's Notice of Relocation Space"). Tenant shall then have five (5) business days from receipt of Landlord's Notice of Relocation Space to accept the terms and conditions of Landlord's Notice of Relocation Space by notifying Landlord, upon ninety (90) days prior notice in writing writing, of its intent to lease the Geotrust Space on said terms and conditions. If Tenant notifies Landlord of its intent to relocate to the Geotrust Space, Landlord shall submit to Tenant, may terminate and Tenant shall execute and deliver to Landlord within ten (10) business days from receipt thereof, an amendment to the Lease which contains all of the terms and conditions set forth in Landlord's Notice of Relocation Space, and such modifications to this Lease. During the ninety (90) days period, Landlord shall offer to Tenant such alternative location of approximately the same square footage lease as may be available in necessary to reflect the Building from time relocation to timesaid Geotrust Space. In If Tenant elects not to relocate to the event Geotrust Space or Tenant fails to execute and deliver said amendment within said 5-business day period, Tenant's right to lease the parties agree upon a specific locationGeotrust Space shall forever terminate, then this Lease shall be amended by substituting the new location for the present location and rent shall be proportionately adjusted. Landlord shall cause all construction have no further obligation to lease the Geotrust Space to Tenant and may lease the Geotrust Space (or any portion thereof) to another party upon such terms and conditions as Landlord may deem appropriate, free and clear of any rights in the new premises to be completed and open for business within thirty (30) days following delivery favor of the new premises to Tenant. Landlord shall pay all costs in constructing Tenant’s work in new premises plus the reasonable costs of relocating Tenant from the original premises to the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety (90) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord within thirty (30) days of such date). Unless otherwise provided contained herein, Tenant shall be released from any and all further obligations pursuant to this Lease accruing or arising from and after the date of termination with respect to the vacated premises, except for any indemnification which survives this Lease and provided however, that in the event of relocation, Tenant shall remain liable for such obligations and charges accruing under this Lease after the date of such relocation.
Appears in 1 contract
Sources: Lease Agreement (TechTarget Inc)
Right of Relocation. In City shall have the event Landlord elects to cause an expansion or contraction of the Leased Premises or Building, or Landlord deems it advisable right to relocate the Tenant, then Landlord, upon ninety (90) days prior notice in writing Premises if necessary to Tenant, may terminate this Leaseaccommodate the overall growth of the Airport. During the ninety (90) days period, Landlord The need for such relocation shall offer to Tenant such alternative location of approximately the same square footage as may be available in the Building from time to timedetermined solely by Director. In the event relocation becomes necessary, Tenant shall be assigned a replacement area, which is generally equivalent in size and amenities to the parties agree upon a specific Premises. Should Tenant disagree with the replacement location, then this Lease Tenant shall be amended by substituting have the new location for the present location and rent shall be proportionately adjusted. Landlord shall cause all construction in the new premises to be completed and open for business right, within thirty (30) calendar days following delivery of receipt of Director’s written notice of impending relocation, to provide written notice to Director that Tenant disagrees with the new premises replacement location. Upon such notice by Tenant, the parties shall, for a period not to Tenant. Landlord shall pay all costs in constructing Tenant’s work in new premises plus the reasonable costs of relocating Tenant from the original premises to the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety (90) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord within exceed thirty (30) days of such date). Unless otherwise provided herein, Tenant shall be released from any and all further obligations pursuant to this Lease accruing or arising from and after the date of termination with respect to the vacated premises, except for any indemnification which survives this Lease and provided however, that in the event of relocation, Tenant shall remain liable for such obligations and charges accruing under this Lease after the date of such notice, negotiate in good faith in an attempt to resolve the matter to the satisfaction of both parties; however, if for any reason the disagreement is not resolved within the thirty (30) days, Director shall have the right to unilaterally decide the matter. In such case, Tenant may terminate this Lease, which shall be deemed an early termination of hereof, or may agree to abide by Director’s decision. Should Director serve notice to Tenant that Tenant is to be relocated or must surrender space because of reallocation, Tenant agrees that it shall take or cause to be taken any and all actions as may be required to vacate the Premises and surrender same to City not later than one (1) year after receipt of Director’s notice of his final decision. Tenant shall be responsible for moving its trade fixtures, personal property, and personnel. City will reimburse Tenant for its documented, actual, and reasonable direct costs incurred to move to the relocated area, but in no event shall City be liable for any consequential or incidental costs or damages arising out of such relocation, including, but not limited to, lost profits, lost revenues, or increased cost of doing business.
Appears in 1 contract
Sources: Ground Lease (Utilicraft Aerospace Industries, Inc.)
Right of Relocation. In University shall have the event Landlord elects right to cause an expansion or contraction relocate Tenant's Leased Premises including any improvements located thereon when necessary to accommodate the overall growth and development of the Leased Premises or BuildingUniversity, continue its academic mission, or Landlord deems it advisable for operational or administrative needs. The need for such relocation shall be determined by the University.
1.6.1 If the University decides that relocating Tenant is necessary, Tenant shall be assigned a replacement area, if available, which is equivalent in size, location, and amenities. The University shall provide Tenant with notice of the (i) relocation and (ii) identify the replacement location (“Replacement Location”). If Tenant disagrees with the Replacement Location, Tenant shall have the right, within fifteen (15) calendar days of receipt of the University’s written notice the impending relocation, to relocate provide written notice to the TenantUniversity that Tenant disagrees with the Replacement Location. Upon such written notice by ▇▇▇▇▇▇, then Landlordthe parties shall, upon ninety for a period not to exceed thirty (9030) days prior notice from the date of such notice, negotiate in writing good faith an attempt to Tenantresolve the matter to the satisfaction of both parties; however, may terminate if for any reason this Lease. During the ninety (90) days period, Landlord shall offer to Tenant such alternative location of approximately the same square footage as may be available in the Building from time to time. In the event the parties agree upon a specific location, then this Lease shall be amended by substituting the new location for the present location and rent shall be proportionately adjusted. Landlord shall cause all construction in the new premises to be completed and open for business issue is not resolved within thirty (30) days following delivery of days, University shall have the new premises right to Tenant. Landlord unilaterally decide the matter, and ▇▇▇▇▇▇ agrees to and shall pay all costs in constructing Tenant’s work in new premises plus abide by University's decision.
1.6.2 If the reasonable costs of relocating University serves written notice on Tenant from the original premises that Tenant is to be relocated to the new premises. In the event Landlord Replacement Location and Tenant are unable agrees, Tenant shall take or cause to agree on an alternative location, this Lease shall terminate at be taken any and all actions as may be required to vacate the end of Leased Premises and surrender the said ninety (90) day periodsame to the University and begin occupying the Replacement Location upon written notice by the University that the Replacement Location is available for use or occupancy by Tenant. Tenant shall deliver possession be responsible for moving its trade fixtures.
1.6.3 If University requires Tenant to relocate to the Replacement Location during the Term of this Lease, the cost of the replacement site and improvements located thereon shall be borne by University.
1.6.4 Upon notice by the University to the Tenant that the Replacement Location is available for Tenant’s use or occupancy, the Replacement Location shall become the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due terms, conditions, and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord within thirty (30) days of such date). Unless otherwise provided herein, Tenant shall be released from any and all further other obligations pursuant to in this Lease accruing or arising from and after the date of termination with respect to the vacated premises, except for any indemnification which survives this Lease and provided however, that in the event of relocation, Tenant shall remain liable for such obligations and charges accruing under this Lease after the date of such relocationLease.
Appears in 1 contract
Sources: Commercial Lease Agreement
Right of Relocation. In Grantor, each acting together and at their expense, shall have the event Landlord elects right from time to cause an expansion time to relocate and/or reconfigure all or contraction any portion of the Leased Premises Drainage Easement Parcel (together with any and all drainage facilities lying therein), as it mutually agrees and deems necessary so long as such relocation or Building, or Landlord deems it advisable to relocate reconfiguration meets the Tenant, then Landlord, upon ninety (90) days prior notice in writing to Tenant, may terminate this Leasestandards described below. During the ninety term of this Agreement, Grantee hereby consents to any relocation and/or reconfiguration of the Drainage Easement Parcel and drainage facilities lying therein (90either in whole or in part) days periodproposed by Grantor; provided that (i) the Drainage Easement Parcel (or portions thereof), Landlord as so relocated and/or reconfigured, shall offer to Tenant such alternative location of approximately provide Grantee with substantially the same square footage quality and capacity of permitted drainage rights as may be available existed prior to such relocation; (ii) Grantor obtains all necessary permits or modification of permits and constructs the relocated/reconfigured facilities consistent therewith; (iii) Grantor shall pay for any expenses incurred in the Building from time relocation and/or reconfiguration of the Drainage Easement Parcel and drainage facilities lying therein (either in whole or in part) in compliance with all governmental permits, approvals, and requirements; and (iv) Grantor shall deliver to time. In the event the parties agree upon Grantee an amendment to this Agreement together with a specific location, then this Lease shall be amended by substituting the new location legal description for the present location relocated easement area. After execution of such amendment, the rights of Grantee shall automatically extend and rent shall be proportionately adjusted. Landlord shall cause all construction in fully apply to such relocated easement area to the new premises same extent as they applied prior to be completed and open for business within thirty (30) days following delivery such relocation of the new premises to Tenant. Landlord shall pay all costs in constructing Tenant’s work in new premises plus Drainage Easement Parcel and drainage facilities lying therein whereupon the reasonable costs rights of relocating Tenant from the original premises Grantee as to the new premises. In the event Landlord relocated Drainage Easement Parcel and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety drainage facilities lying therein (90or portions thereof) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord within thirty (30) days of such date). Unless otherwise provided herein, Tenant shall be released from any and all further obligations pursuant to this Lease accruing or arising from and after the date of termination with respect immediately revert to the vacated premises, except for any indemnification which survives this Lease and provided however, that in the event of relocation, Tenant shall remain liable for such obligations and charges accruing under this Lease after the date of such relocationapplicable Grantor or its successor(s)-in- title.
Appears in 1 contract
Sources: Drainage Easement Agreement
Right of Relocation. In 17.1 Sublandlord shall have the event Landlord elects to cause an expansion or contraction of the Leased Premises or Building, or Landlord deems it advisable right to relocate the Tenant, then Landlord, upon ninety (90) days prior notice in writing Subtenant to Tenant, may terminate this Lease. During the ninety (90) days period, Landlord shall offer to Tenant such alternative location of approximately the same square footage as may be available other premises in the Building which are comparable in terms of quality, size and build-out and located on or above the 20th floor of the Building and having a commercially leaseable number of perimeter exterior windows (which may be different from time the number of perimeter exterior windows in the original premises) (“Relocation Premises”) and which may be within the ▇▇▇▇▇▇▇▇▇ Premises or elsewhere in the Building, provided, such premises may only be located elsewhere in the Building if such premises is leased by Sublandlord pursuant to timea lease from the Overlandlord that is no less favorable to Subtenant in its application to Subtenant, in any material respect, than the ▇▇▇▇▇▇▇▇▇. In order to exercise this right, Sublandlord shall give Subtenant notice (a “Relocation Notice”) specifying the event Relocation Premises and, if any work will be performed in order to conform the parties agree upon a specific locationRelocation Premises to the requirement of the first sentence of this Section (“Sublandlord’s Relocation Work”), then this Lease an outline plan and specifications therefor; provided, however, that such notice shall not be amended by substituting effective unless Overlandlord has consented to the new location for relocation (whether or not the present location and rent shall Relocation Premises are within the ▇▇▇▇▇▇▇▇▇ Premises). The Relocation Notice must be proportionately adjustedgiven, if at all, within the period ending two (2) years from the Commencement Date. Landlord shall cause all construction If Subtenant believes that the Relocation Premises (including any Sublandlord’s Relocation Work described in the new premises Relocation Notice) will not conform to be completed and open for business within thirty (30) days following delivery the requirements of the new premises to Tenant. Landlord first sentence of this Section 17.1, Subtenant shall pay all costs in constructing Tenant’s work in new premises plus the reasonable costs of relocating Tenant from the original premises to the new premises. In the event Landlord and Tenant are unable to agree on an alternative location, this Lease shall terminate at the end of the said ninety (90) day period. Tenant shall deliver possession of the Leased Premises to Landlord on or before the termination and/or relocation date in their present condition, reasonable wear and tear expected, and subject to all charges which are due and owing by Tenant or which shall be accrued up to such date (which charges shall be paid to Landlord so notify Sublandlord within thirty (30) days of Subtenant’s receipt of the Relocation Notice (a “Relocation Dispute Notice”) and, if Subtenant shall timely give such date). Unless otherwise provided hereina Relocation Dispute Notice and the dispute is not resolved within five (5) days thereafter, Tenant the dispute shall be released from any and all further obligations resolved pursuant to this Lease accruing or arising from and after the date expedited arbitration rules of termination with respect the American Arbitration Association. If Subtenant shall fail timely to give such a Relocation Dispute Notice, the Relocation Premises shall be deemed to conform to the vacated premises, except for requirements of the first sentence of this Section 17.1 and Subtenant shall be deemed to have waived any indemnification which survives this Lease and provided however, that in right to assert to the event of relocation, Tenant contrary. If either (i) the dispute shall remain liable for such obligations and charges accruing under this Lease after the date of such relocation.be resolved
Appears in 1 contract
Sources: Sublease (Tradestation Group Inc)