Common use of End of Term Renewal of Facility Lease Clause in Contracts

End of Term Renewal of Facility Lease. (a) If Lessee notifies Lessor in the Lessee Election Notice that it elects or is deemed to have elected to renew this Facility Lease pursuant to Section 14.1(c) or Section 14.1(d) or Lessee notifies Lessor in the Lessee Early Renewal Notice that it elects to renew this Facility Lease early pursuant to Section 14.3(c), then at the end of the Base Term, the First Renewal Term or the Second Renewal Term, as the case may be, this Facility Lease shall, subject to Section 14.2(b), automatically be extended for a period of time (such periods of time, the "First Renewal Term", the "Second Renewal Term" and the "Third Renewal Term", respectively) equal to (i) (A) in the case of the First Renewal Term, eighty percent (80%) of the Economic Useful Life as determined by the Unit Appraiser pursuant to Section 4.6 or (B) in the case of the Second Renewal Term or the Third Renewal Term, eighty percent (80%) of the Current Economic Useful Life as determined by the Independent Appraiser pursuant to Section 14.1(b) or the Early Renewal Independent Appraiser pursuant to Section 14.3(b), as the case may be, less (ii) the sum of the Base Term and any previous Renewal Terms, in each case expressed in calendar months, with any partial calendar month rounded down to the next whole calendar month, on the same terms and conditions as were applicable during the Base Term; provided, however, that Lessee shall pay to Lessor pursuant to Section 7.1 on each Rent Payment Date during the respective Renewal Term rent calculated in accordance with Schedule 14.2 ("Renewal Rent") for the lease of the Leased Facility during the respective Renewal Term; provided, further, if any subsequent Renewal Term will be less than twenty four (24) months, then the provisions in Section 14.1(c) shall apply as if the existing Base Term or Renewal Term, as the case may be, ends on the last day of such subsequent Renewal Term.

Appears in 2 contracts

Samples: Facility Lease Agreement (Wisconsin Electric Power Co), Washington I Facility Lease Agreement (Wisconsin Electric Power Co)

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End of Term Renewal of Facility Lease. (a) If Lessee notifies Lessor in the Lessee Election Notice that it elects or is deemed to have elected to renew this Facility Lease pursuant to Section 14.1(c) or Section 14.1(d) or Lessee notifies Lessor in the Lessee Early Renewal Notice that it elects to renew this Facility Lease early pursuant to Section 14.3(c), then at the end of the Base Term, the First Renewal Term or the Second Renewal Term, as the case may be, this Facility Lease shall, subject to Section 14.2(b), automatically be extended for a period of time (such periods of time, the "First Renewal Term", the "Second Renewal Term" and the "Third Renewal Term", respectively) equal to (i) (Ai)(A) in the case of the First Renewal Term, eighty percent (80%) of the Economic Useful Life of the Unit 1 Facility as determined by the Unit Appraiser pursuant to Section 4.6 or (B) in the case of the Second Renewal Term or the Third Renewal Term, eighty percent (80%) of the Current Economic Useful Life of the Unit 1 Facility as determined by the Independent Appraiser pursuant to Section 14.1(b) or the Early Renewal Independent Appraiser pursuant to Section 14.3(b), as the case may be, less (ii) the sum of the Base Term and any previous Renewal Terms, in each case expressed in calendar months, with any partial calendar month rounded down to the next whole calendar month, on the same terms and conditions as were applicable during the Base Term; provided, however, that Lessee shall pay to Lessor pursuant to Section 7.1 on each Rent Payment Date during the respective Renewal Term rent calculated in accordance with Schedule 14.2 ("Renewal Rent") for the lease of the Leased Facility during the respective Renewal Term; provided, further, if any subsequent Renewal Term will be less than twenty four (24) months, then the provisions in Section 14.1(c) shall apply as if the existing Base Term or Renewal Term, as the case may be, ends on the last day of such subsequent Renewal Term.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Wisconsin Energy Corp)

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End of Term Renewal of Facility Lease. (a) If Lessee notifies Lessor in the Lessee Election Notice that it elects or is deemed to have elected to renew this Facility Lease pursuant to Section 14.1(c) or Section 14.1(d) or Lessee notifies Lessor in the Lessee Early Renewal Notice that it elects to renew this Facility Lease early pursuant to Section 14.3(c), then at the end of the Base Term, the First Renewal Term or the Second Renewal Term, as the case may be, this Facility Lease shall, subject to Section 14.2(b), automatically be extended for a period of time (such periods of time, the "First Renewal Term", the "Second Renewal Term" and the "Third Renewal Term", respectively) equal to (i) (Ai)(A) in the case of the First Renewal Term, eighty percent (80%) of the Economic Useful Life of the Unit 2 Facility as determined by the Unit Appraiser pursuant to Section 4.6 or (B) in the case of the Second Renewal Term or the Third Renewal Term, eighty percent (80%) of the Current Economic Useful Life of the Unit 2 Facility as determined by the Independent Appraiser pursuant to Section 14.1(b) or the Early Renewal Independent Appraiser pursuant to Section 14.3(b), as the case may be, less (ii) the sum of the Base Term and any previous Renewal Terms, in each case expressed in calendar months, with any partial calendar month rounded down to the next whole calendar month, on the same terms and conditions as were applicable during the Base Term; provided, however, that Lessee shall pay to Lessor pursuant to Section 7.1 on each Rent Payment Date during the respective Renewal Term rent calculated in accordance with Schedule 14.2 ("Renewal Rent") for the lease of the Leased Facility during the respective Renewal Term; provided, further, if any subsequent Renewal Term will be less than twenty four (24) months, then the provisions in Section 14.1(c) shall apply as if the existing Base Term or Renewal Term, as the case may be, ends on the last day of such subsequent Renewal Term.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Wisconsin Energy Corp)

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