Acquisition Contingency. This Lease is expressly contingent upon Landlord acquiring the Building Complex and the parties acknowledge that the Commencement Date of the Primary Lease Term shall be the date of closing of the acquisition of the Building Complex by Landlord. In the event Landlord fails to close on its anticipated acquisition of the Building Complex, then this Lease shall be null and void and of no force or effect.
Acquisition Contingency. Buyer being able to close, on or before the Closing Date contemplated hereunder, on the acquisition of certain property located adjacent to the Property as shown on Exhibit “B” attached hereto and made a part hereof owned by JC FLEX, LLC (the “Adjacent Property”), on terms and conditions set forth in that certain Agreement for the Sale and Purchase of Real Property between Buyer and JC FLEX, LLC (a copy of which has been provided to Seller). Buyer and Seller hereby agree that Buyer's obligations hereunder are expressly conditioned on Buyer being able to close on the acquisition of the Adjacent Property prior to or simultaneously with the Closing contemplated herein. Buyer hereby agrees to use its commercially reasonable efforts to close on the Adjacent Property on or before the Closing date contemplated herein. Notwithstanding anything to the contrary contained herein, a default by Buyer under its contract for the Adjacent Property shall be deemed to be a default hereunder which shall entitle Seller to exercise its remedies set forth in Section 7.03 below.
Acquisition Contingency. Landlord and Tenant hereby agree and acknowledge that this Lease shall be contingent upon the Landlord acquiring fee simple title to the Premises on or before May 4, 2007; provided, however, nothing herein shall be deemed to obligate Landlord to acquire fee simple title to the Premises. In the event that the Landlord does not acquire fee simple title to the Premises on or before May 4, 2007, either party may terminate this Lease upon written notice whereafter this Lease shall terminate and become null and void and all parties hereto shall be relieved of all obligations hereunder. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in their respective names by their duly authorized representatives, executing this instrument in duplicate originals, as of the day and year first above written. WITNESS: LANDLORD: NATIONAL RETAIL PROPERTIES, LP, a Delaware limited partnership By: NNN GP Corp., a Delaware corporation, as its general partner By: Name: Name: Title: Name: TENANT: THE PANTRY, INC., a Delaware corporation By: Name: Name: Title: Name: EXHIBIT “A” Legal Description of Land (to be attached)
Acquisition Contingency. The force and effect of this Lease is contingent upon the acquisition of the Land by the Landlord on or before January 30, 2014 (“Acquisition Contingency”). If fee simple title to the Land is not acquired by the Landlord on or before the expiration of the Acquisition Contingency, this Lease and the Development Agreement, at the option of either Landlord or Tenant, shall terminate without penalty or claim of breach upon five (5) business days’ notice to the other party and both parties shall be released and discharged from any further obligation hereunder; provided that following any such termination by Landlord it shall not thereafter construct a warehouse distribution center on the Land for any party other than Tenant without Tenant’s consent, and this provision shall survive any termination of this Lease by Landlord pursuant to this Section 23.20.
Acquisition Contingency. If Landlord fails to acquire the Premises by March 31, 2022, Tenant may terminate this Lease upon 30 days’ notice, provided that Landlord may nullify Tenant’s exercise of such termination right by acquiring the Premises within such 30-day period.
Acquisition Contingency. Tenant acknowledges and understands that Landlord does not currently hold title to the Property, but that Landlord is currently under contract to purchase the Property. This Lease shall be contingent upon Landlord acquiring title to the Property. XX Xxxxxxxx, LLC – Lightshade Labs, LLC 2014 Commercial Lease 30 of 31
Acquisition Contingency. The Seller does not, as of the Effective Date, have title to the Property. Upon mutual execution of the Agreement, Seller will attempt to acquire the Property through available statutory procedures involving tax-foreclosed real property. If, for any reason, Seller is not able to acquire the Property then Seller may terminate this Agreement at any time, effective immediately upon written notice to Purchaser. If for any reason Seller is unable to acquire any one or more parcels of the Property, then Seller may terminate this Agreement at any time with respect to that parcel or parcels only, effective immediately upon written notice to Purchaser, in which case this Agreement shall remain in full force and effect with respect to the remaining parcels. If Seller is able to acquire title to the Property then Seller will provide written notice to Purchaser and, unless the Agreement is otherwise terminated, the Parties shall proceed with consummating the transaction as contemplated by the Agreement. Due to the nature of Seller’s acquisition process, Purchaser understands that that Seller’s acquisition of the Property may be lengthy.
Acquisition Contingency. Tenant hereby acknowledges and agrees that Landlord is not the fee simple owner of the Land as of the Effective Date, and Tenant hereby further acknowledges and agrees that Landlord has not made any representation or warranty regarding Landlord’s ownership of the Land. Notwithstanding anything to the contrary set forth herein, the effectiveness of this Lease is expressly subject to, conditioned and contingent upon Landlord acquiring fee simple title to the Land. Nothing set forth herein will be deemed to require Landlord to acquire the Land, and in no event will Landlord be liable for any damages claimed by Tenant resulting from Landlord’s failure to purchase the Land.
Acquisition Contingency. This Lease, and hereunder, are dependent and contingent upon Landlord acquiring the land constituting Phase I of the Center. The terms of such acquisition shall be subject to the reasonable approval of Landlord. Notwithstanding any Event of Force Majeure, in the event, after using good faith and October diligent efforts, Landlord has not so acquired said land by September 2007, and provided Landlord terminates all other leases within Phase I of the Center, then within a period of 30 days thereafter, Landlord may, by notice to Tenant, terminate this Lease in which event this Lease shall be of no further force or effect, and each of the parties shall be relieved of all further liability hereunder. Further, if this Lease is terminated pursuant to this Section 14.20 and Landlord (or any entity under common control with Landlord), at any time during the 18 months immediately following such termination, commences development of a shopping center substantially similar to that depicted on Exhibit A on the land constituting the Center, Landlord shall send Tenant notice of same and Tenant shall have the right, to be exercised within 90 days after receipt of Landlord's notice together with reasonable details as to the improvements Landlord intends to construct, to reinstate this Lease with respect to space comparable in size to the Premises as contemplated herein in such shopping center, upon all of the same terms and conditions set forth herein. The provisions of this Section 14.20 shall survive any termination of this Lease by Landlord pursuant to this Section 14.20.
Acquisition Contingency. Landlord has disclosed to Tenant that, as of the date of this Lease, Landlord has not yet acquired title to the Land. Landlord covenants to proceed in good faith to consummate its acquisition of the Land. However, if Landlord does not acquire title to the Land by May 15, 2000 due to (i) a default by the seller thereof under its contract with Landlord which default is not within Landlord's control; or (ii) a good faith failure to satisfy a condition precedent to Landlord's obligation to purchase under such contract, then Landlord may terminate this Lease by notice to Tenant given at any time prior to Landlord's acquisition of such title or June 15, 2000, whichever occurs first, and upon such termination, (a) all prepaid Rent, the Security Deposit and all other amounts theretofore paid by Tenant to Landlord hereunder will be refunded to Tenant; (b) the amount paid by Landlord to Tenant for leasing consultant services pursuant to Section 17.4 will be refunded by Tenant to Landlord; (c) Tenant will have no obligation to reimburse Landlord for any costs incurred by Landlord in designing or constructing the Shell or the Leasehold Improvements; and (d) except as provided above in this Section 17.21, both parties will be relieved of any further obligations hereunder. In addition, if Landlord has not acquired title to the Land by July 31, 2000 for any reason other than a default by Tenant under this Lease, then Tenant may terminate this Lease by notice to Landlord given at any time prior to Landlord's acquisition of such title and, upon the timely giving of such notice, this Lease will terminate in accordance with the foregoing clauses (a) through (d).
