Term of Sublease. (a) The term of this Sublease (the “Sublease Term”) shall commence on the the date that Landlord has issued its written consent to this Sublease (the “Commencement Date”), which consent Sublandlord shall use good faith commercially reasonable efforts to obtain from Landlord prior to September 15, 2014. Unless sooner terminated as provided in this Sublease, the Sublease Term shall run coterminous with the Lease and expire on January 31, 2017 (the “Expiration Date”). (b) If for any reason Sublandlord cannot deliver possession of the Premises to Subtenant on or before September 15, 2014 as currently desired by the parties, Sublandlord shall not be subject to any liability therefor, nor shall Sublandlord be in default hereunder nor shall such failure affect the validity of this Sublease, and Subtenant agrees to accept possession of the Premises at such time as Sublandlord is able to deliver the same, which date shall then be deemed the Commencement Date provided that Landlord has issued its written consent to this Sublease. Notwithstanding the foregoing, in the event that the Commencement Date does not occur by October 31, 2014, then Subtenant shall be entitled by notice in writing to Sublandlord within ten (10) days thereafter to cancel this Sublease, in which event the parties shall be discharged from all obligations hereunder.
Appears in 1 contract
Term of Sublease. (a) The Subject to the provisions of Section 13.u below, the term of this Sublease (the “Sublease Term”) shall commence on the date Sublessor delivers possession of the Subleased Premises to Sublessee in the condition set forth in Section 2 hereof free of all tenants and occupants (the “Sublease Commencement Date”), which is anticipated to occur on the date that Landlord has issued executes and delivers its written consent to this Sublease (the “Anticipated Sublease Commencement Date”)) and shall expire on April 30, which consent Sublandlord shall use good faith commercially reasonable efforts to obtain from Landlord prior to September 15, 2014. Unless 2012 (the “Sublease Expiration Date”) unless sooner terminated as provided in this Sublease, hereinafter provided. If the Sublease Term shall run coterminous with the Lease and expire on January 31, 2017 (the “Expiration Date”).
(b) If for any reason Sublandlord canCommencement Date has not deliver possession of the Premises to Subtenant occurred on or before September 15thirty (30) days after the Anticipated Sublease Commencement Date, 2014 as currently desired Sublessee shall have the right to terminate this Sublease by the parties, Sublandlord shall not written notice to Sublessor to be subject to any liability therefor, nor shall Sublandlord be in default hereunder nor shall such failure affect the validity of this Sublease, and Subtenant agrees to accept possession of the Premises at such time as Sublandlord is able to deliver the same, which date shall then be deemed the Commencement Date provided that Landlord has issued its written consent to this Sublease. Notwithstanding the foregoing, in the event that the Commencement Date does not occur by October 31, 2014, then Subtenant shall be entitled by notice in writing to Sublandlord within delivered no later than ten (10) days thereafter to cancel this Subleaseafter the expiration of such 30-day period, in which event case Sublessor shall promptly return the parties full amount of the Security Deposit to Sublessee; provided, however, that if the Sublease Commencement Date shall be discharged from all obligations hereunderoccur before any such Sublessee notice, Sublessee shall not thereafter have the right to so terminate this Sublease.
Appears in 1 contract
Term of Sublease. (a) The term of this Sublease (the “Sublease "Term”") shall commence on the latest to occur of (the "Commencement Date") (i) November 5, 2002, and (ii) the date that Landlord on which Sublessor has issued its received Lessor's written consent to an executed Sublease ("Lessor's Consent"), and shall end on August 31, 2009 ("Expiration Date"), unless this Sublease (the “Commencement Date”), which consent Sublandlord shall use good faith commercially reasonable efforts to obtain from Landlord prior to September 15, 2014. Unless is sooner terminated as provided in this Sublease, pursuant to its terms or the Sublease Term shall run coterminous with the Master Lease and expire on January 31, 2017 (the “Expiration Date”).
(b) is sooner terminated pursuant to its terms. If for any reason Sublandlord cannot Sublessor is unable to deliver possession of the Subleased Premises to Subtenant Sublessee on or before September October 15, 2014 as currently desired by the parties2002, Sublandlord then Sublessor shall not be subject to any liability therefor, nor shall Sublandlord be in default hereunder nor shall such failure affect the validity of this Sublease, and Subtenant agrees or the obligations of Sublessee hereunder, or extend the Term, but in such case, Sublessee shall not be obligated to accept pay Rent (as defined in Paragraph 4.B below) or perform any other obligation of Sublessee hereunder until Sublessor delivers possession of the Subleased Premises at such time as Sublandlord is able to deliver Sublessee and a copy of the same, which date shall then be deemed Lessor's Consent. Once the Commencement Date provided has been established, Sublessor and Sublessee shall execute a commencement date memorandum setting forth the Commencement Date; provided, however, that Landlord the failure to execute such a memorandum shall not affect Sublessee's liability hereunder. The parties acknowledge that Sublessee has issued its written consent no option to extend the Term of this Sublease. Notwithstanding the foregoing, in the event that the Commencement Date does not occur by October 31, 2014, then Subtenant shall be entitled by notice in writing to Sublandlord within ten (10) days thereafter to cancel this Sublease, in which event the parties shall be discharged from all obligations hereunder.
Appears in 1 contract