Common use of Discontinued Use Clause in Contracts

Discontinued Use. If, at any time following the earlier to occur of Tenant’s initial occupancy or the date that Landlord Delivers the Premises to Tenant, Tenant does not continuously operate its business in the Premises for a period of 90 consecutive days, Landlord may, but is not obligated to, elect to terminate this Lease upon 30 days’ written notice to Tenant, whereupon this Lease shall terminate 30 days after Landlord’s delivery of such written notice (“Termination Date”), and Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Termination Date and those which, pursuant to the terms of the Lease, survive the expiration or early termination of the Lease; provided, however, that such termination notice shall be null and void and the Term shall continue if Tenant in good faith resumes full operations in the Premises prior to the Termination Date and timely certifies to Landlord the same in writing. Further, and notwithstanding the foregoing, Landlord shall not have such termination right if (A) Tenant provides Landlord with reasonable advance notice prior to stopping operations and, at the time of stopping operations, (i) Tenant completes Tenant’s obligations under the Decommissioning and HazMat Closure Plan in compliance with Section 28, (ii) Tenant has obtained the release of the Premises of all Hazardous Materials Clearances and the Premises are free from any residual impact from the Tenant HazMat Operations and provides reasonably detailed documentation to Landlord confirming such matters, (iii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iv) Tenant continues during the balance of the Term to satisfy and perform all of Tenant’s obligations under this Lease as they come due; provided that, for reasonable periods due to casualty, alterations, or changes from research to development, Tenant shall only be required to comply with clauses (i), (iii), and (iv), or (B) any such stoppage in operations is as a result of repair, restoration, remodeling, change from research to development or another phase of Tenant’s business, casualty or other Force Majeure occurrence provided all appropriate safeguards are taken with respect to all Hazardous Materials as demonstrated to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Constellation Pharmaceuticals Inc)

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Discontinued Use. IfExcept as set forth below in this subsection (p), if, at any time following the earlier to occur of Tenant’s initial occupancy or the date that Landlord Delivers the Premises to TenantCommencement Date, Tenant does not continuously operate its business in the Premises for a period of 90 consecutive days, Landlord may, but is not obligated to, elect to terminate this Lease upon 30 days’ written notice to Tenant, whereupon this Lease shall terminate 30 days after Landlord’s delivery of such written notice (“Termination Date”), and Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Termination Date and those which, pursuant to the terms of the this Lease, survive the expiration or early termination of the this Lease; provided, however, that such termination notice shall be null and void and the Term shall continue if Tenant in good faith resumes full operations in the Premises prior to the Termination Date and timely certifies to Landlord the same in writing. Further, and notwithstanding the foregoing, Landlord shall not have such termination right if (A) Tenant provides Landlord with reasonable advance notice prior to stopping operations and, at the time of stopping operations, (i) Tenant completes Tenant’s obligations under the Decommissioning and HazMat Closure Plan in compliance with Section 28, (ii) Tenant has obtained the release of the Premises of all Hazardous Materials Clearances and the Premises are free from any residual impact from the Tenant HazMat Operations Operations, and Xxxxxx provides reasonably detailed documentation to Landlord confirming such matters, (iii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iv) Tenant continues during the balance of the Term to satisfy and perform all of Tenant’s obligations under this Lease as they come due; provided that, Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 50 Exhibit 10.13 for reasonable periods due to casualty, alterations, or changes from research to development, Tenant shall only be required to comply with clauses (i), (iii), and (iv), or (B) any such stoppage in operations is as a result of repair, restoration, remodeling, change from research to development or another phase of Tenant’s business, casualty or other Force Majeure occurrence provided all appropriate safeguards are taken with respect to all Hazardous Materials as demonstrated to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Kymera Therapeutics, Inc.)

Discontinued Use. If, at any time following the earlier to occur of Tenant’s initial occupancy or the date that Landlord Delivers the Premises to TenantBase Rent Commencement Date, Tenant (and/or any assignee or subtenant) does not continuously operate its business in the Premises for a period of 90 consecutive days, Landlord may, but is not obligated to, elect to terminate this Lease upon 30 days’ written notice to Tenant, whereupon this Lease shall terminate 30 days after Landlord’s delivery of such written notice (“Termination Date”), and Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Termination Date and those which, pursuant to the terms of the this Lease, survive the expiration or early termination of the Lease; provided, however, that such termination notice shall be null and void and the Term shall continue if Tenant in good faith resumes full operations in the Premises prior to the Termination Date and timely certifies to Landlord the same in writing. Further, and notwithstanding the foregoing, Landlord shall not have such termination right if (A) Tenant provides Landlord with reasonable advance notice prior to stopping operations and, at the time of stopping operations, (i) Tenant completes Tenant’s obligations under the a Decommissioning and HazMat Closure Plan in compliance with Section 28, (ii) Tenant has obtained the release of the Premises of all Hazardous Materials Clearances and the Premises are free from any residual impact from the Tenant HazMat Operations Operations, and Tenant provides reasonably detailed documentation to Landlord confirming such matters, (iii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iv) Tenant continues during the balance of the Term to satisfy and perform all of Tenant’s obligations under this Lease as they come due. For the avoidance of doubt, the foregoing 90 day period shall be extended during periods that (a) a contamination of the Premises that is being remediated in accordance with the provisions hereof or (b) a casualty event that is being restored in accordance with the provisions hereof; provided that, for reasonable periods due to casualty, alterations, in the case of (a) or changes from research to development(b), Tenant shall only be required has made arrangements reasonably satisfactory to comply with clauses (i), (iii), Landlord for the security and (iv), or (B) any such stoppage in operations is as a result storage of repair, restoration, remodeling, change from research to development or another phase of Tenant’s business, casualty or other Force Majeure occurrence provided all appropriate safeguards are taken with respect to all Hazardous Materials as demonstrated to LandlordMaterials.

Appears in 1 contract

Samples: Lease Agreement (Werewolf Therapeutics, Inc.)

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Discontinued Use. IfExcept as set forth below in this subsection (p), if, at any time following the earlier to occur of Tenant’s initial occupancy or the date that Landlord Delivers the Premises to TenantCommencement Date, Tenant does not continuously operate its business in the Premises for a period of 90 consecutive days, Landlord may, but is not obligated to, elect to terminate this Lease upon 30 days’ written notice to Tenant, whereupon this Lease shall terminate 30 days after Landlord’s delivery of such written notice (“Termination Date”), and Tenant shall vacate the Premises and deliver possession thereof to Landlord in the condition required by the terms of this Lease on or before the Termination Date and Tenant shall have no further obligations under this Lease except for those accruing prior to the Termination Date and those which, pursuant to the terms of the this Lease, survive the expiration or early termination of the this Lease; provided, however, that such termination notice shall be null and void and the Term shall continue if Tenant in good faith resumes full operations in the Premises prior to the Termination Date and timely certifies to Landlord the same in writing. Further, and notwithstanding the foregoing, Landlord shall not have such termination right if (A) Tenant provides Landlord with reasonable advance notice prior to stopping operations and, at the time of stopping operations, (i) Tenant completes Tenant’s obligations under the Building 1 (AOTC) / Kymera Therapeutics, Inc. - Page 50 Exhibit 10.13 Decommissioning and HazMat Closure Plan in compliance with Section 28, (ii) Tenant has obtained the release of the Premises of all Hazardous Materials Clearances and the Premises are free from any residual impact from the Tenant HazMat Operations Operations, and Tenant provides reasonably detailed documentation to Landlord confirming such matters, (iii) Tenant has made reasonable arrangements with Landlord for the security of the Premises for the balance of the Term, and (iv) Tenant continues during the balance of the Term to satisfy and perform all of Tenant’s obligations under this Lease as they come due; provided that, for reasonable periods due to casualty, alterations, or changes from research to development, Tenant shall only be required to comply with clauses (i), (iii), and (iv), or (B) any such stoppage in operations is as a result of repair, restoration, remodeling, change from research to development or another phase of Tenant’s business, casualty or other Force Majeure occurrence provided all appropriate safeguards are taken with respect to all Hazardous Materials as demonstrated to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Kymera Therapeutics, Inc.)

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