Lease Contingencies. The obligations of Landlord and Tenant under this Lease are expressly conditioned upon and the term hereof shall not commence until the following contingencies shall have been satisfied, unless waived in writing by both Landlord and Tenant: (i) Landlord shall have obtained all required consents and approvals by the existing Mortgagee, Bank of America, N.A. and the existing Superior Lessor, First Security Bank, N.A. to the execution and delivery of this Lease; (ii) the transaction contemplated in the Asset Purchase Agreement dated September 20, 2000 between Tenant and Aviation Sales Distribution Services Company shall have closed; (iii) the Superior Lessor and any mortgagees holding mortgages on the Leased Premises shall have executed and delivered to Tenant non-disturbance agreements acceptable to Tenant; and (iv) Tenant shall have obtained the consent of its lenders to the effectiveness of this Lease. If the contingencies described in (i), (ii), (iii) and (iv) above are not satisfied or waived by December 15, 2000, either Landlord or Tenant may elect to terminate this Lease by written notice to the other, in which event neither party shall have any further obligations hereunder. This Lease shall automatically terminate upon the termination of the Asset Purchase Agreement, in which event neither party shall have any further obligations hereunder. The closing of the transactions under the Asset Purchase Agreement shall be deemed a waiver by Landlord and Tenant of the conditions to commencement of this Lease and the right to terminate this Lease, all as provided in this Section 32.
Lease Contingencies. 29 49. ASSOCIATION..................................................... 29
Lease Contingencies. Notwithstanding any language to the contrary in this Lease, Tenant acknowledges and agrees that if this Lease is executed and delivered prior to its approval by Master Landlord that the continued effectiveness of this Lease is conditioned on receipt of the written approval of this Lease by Master Landlord through the Board of County Commissioners or its designated representative, and such approval is not subject to any appeal or other contest. In the course of obtaining Master Landlord’s approval of this Lease, Landlord and Tenant shall jointly address any concerns raised by Master Landlord’s designated representative and reasonably cooperate in amending this Lease, if needed, so as to obtain such approval as soon as practicable. Any delay in obtaining Master Landlord’s written approval of this Lease shall constitute a Force Majeure event. Notwithstanding any language to the contrary in this Lease, Tenant acknowledges and agrees that if this Lease is executed and delivered prior to the Approval Date and prior to the full execution and delivery of the Master Lease, that the continued effectiveness of this Lease is conditioned on the occurrence of the Approval Date (and such approval is not subject to any appeal or other contest) and on the full execution and delivery of the Master Lease.
Lease Contingencies. This Lease shall be conditioned and contingent upon the occurrence of the following event: within ten (10) days from the Effective Date hereof, Landlord's mortgagee(s) and other lenders have approved this Lease and the Tenant (including but not limited to Tenant's financial condition).
Lease Contingencies. Landlord and Tenant understand and agree that Tenant’s obligations pursuant to this Lease are expressly contingent on the following items (collectively, the Lease Contingencies”): (i) Tenant obtaining ingress and egress rights to the Premises which are acceptable to Tenant, in Tenant’s sole discretion, (ii) Tenant obtaining labor agreements applicable to the Premises which are acceptable to Tenant, in Tenant’s sole discretion, (iii) Tenant obtaining T-1 and other communications facilities to the Premises which are acceptable to Tenant, in Tenant’s sole discretion, (iv) Tenant obtaining water treatment arrangements for the Premises which are acceptable to Tenant, in Tenant’s sole discretion, (v) Tenant obtaining any and all environmental and other governmental permits and approvals necessary to conduct its intended business in the Premises, in Tenant’s sole discretion, (vi) Tenant obtaining reasonable assurance that Landlord will provide a minimum service level of pulling 50 cars per week from the Premises and make available a location where a unit train of up to 150 rail cars can be assembled for shipping as a unit to Tenant’s customers, and (vii) ***. Immediately following the execution of this Lease, Tenant shall use diligent, good faith efforts to investigate and resolve the Lease Contingencies, and Landlord shall cooperate with such efforts, but at no cost to Landlord. If the Lease Contingencies are not resolved to Tenant’s satisfaction, or are not waived by Tenant, within one hundred twenty (120) days after the Rental Commencement Date, Tenant shall have the right to terminate this Lease by written notice delivered to Landlord no later than the one hundred twenty-fifth (125th) day after the Rental Commencement Date (the “Contingency Deadline”). In the event that Tenant fails to deliver such termination notice to Landlord on or before the Contingency Deadline, then the Lease Contingencies shall be deemed waived by Tenant
Lease Contingencies. In addition to the contingencies set forth in Section 5 of the attached Purchase and Sale Agreement, the Buyer's obligation to purchase the Property shall be contingent on the full execution of a Lease between Seller and Noetix Corporation ("Noetix") in substantially the form attached hereto as Exhibit B (the "Noetix Lease"), prior to the end of the contingency period set forth in Section 5 above.
Lease Contingencies. 5.1 This Lease Agreement is herein made expressly contingent upon Landlord obtaining preliminary major site plan approval, together with any required variances and/or waivers on or before February 28, 2000, from the Union Township, Hunterdon County, New Jersey Planning Board, PROVIDED, HOWEVER, that this contingency, at Landlord’s option, may be extended to March 31, 2000 in the event said extension is deemed necessary for approval, the preliminary site plan application has been deemed complete by said Planning Board and the statutorily required public hearing is in progress or has been scheduled.
Lease Contingencies. At the discretion of Lessor or Xxxxxx X. Xxxxxx, this Lease is contingent upon all tenants having a favorable credit history or at least one responsible and credit-worthy parent or American adult co-sign the Lease by completing and returning the below "Cosigner To Lease" Form along with a photo copy of the cosigner’s driver’s license or some other type of photo identification. At Landlord's discretion, adding any new Tenants or sublettors to this lease is contingent upon Lessor paying the $50 nonrefundable Application Fee and completing favorable processing of the one-page NCS Credit/Rental Application Form.
Lease Contingencies. Tenant shall have the right to terminate this Lease (and receive a refund of the Security Deposit) in the event any of the following contingencies have not been satisfied or waived by Tenant within thirty (30) days from the full execution of this Lease by the parties (the “Due Diligence Period”):
Lease Contingencies. This Lease shall be conditioned and contingent upon the occurrence of the following events:
