Lease Contingency. During the thirty five (35) day period immediately following the Effective Date, you will diligently pursue the obtaining of assurances from the City of Plantation and the Southpointe Property Owners Association, Inc. that you will be permitted to install the generator as set forth in Section 25.08 (the "Assurances"). If, within such thirty five (35) day period, you are unable to obtain the Assurances to your reasonable satisfaction, then in such event, no later than the thirty sixth (36th) day immediately following the Effective Date, you shall have the right to terminate this Lease by providing Landlord with written notice of such termination Landlord: Tenant: ------ ------ received by Landlord on or before the thirty sixth (36th) day immediately following the Effective Date in which case this Lease shall terminate effective as of the close of business on the thirty fifth (35th) day immediately following the date of Landlord's receipt of such termination notice unless Landlord has obtained the Assurances for you, or if earlier, upon Landlord advising you that Landlord does not wish to or Landlord has abandoned its efforts to obtain the Assurances. Failure to exercise your termination right within the aforesaid time period shall be an irrevocable waiver of such right and if such written notice is not received by Landlord on or before the thirty sixth (36th) day immediately following the Effective Date, the right of termination granted to you pursuant to this Section shall lapse as of 12:01 a.m. on the thirty sixth (36th) day immediately following the Effective Date. Upon a termination of this Lease pursuant to this Section, neither party shall have any rights or obligations to the other under this Lease except that (i) you shall reimburse to Landlord all third party payments (including construction management services charged to Landlord by Premier Commercial Realty, Inc. equal to actual hours expended by Whitney Peterson or Bob Motchkavitz, PE billed at an hourly rate of $000.00 xx xxxx) incxxxxx xx Xxxxxxrd from and after the Effective Date and prior to the date that Landlord receives your termination notice with respect to this Lease, provided, however, that such reimbursement obligation shall not exceed the sum of $10,000; and (ii) you agree to indemnify and hold Landlord harmless from and against any claims for payment by the Architect. Your obligations under items (i) and (ii) above shall survive the termination of this Lease. Until such time as the...
Lease Contingency. Simultaneously with the execution of this Lease, Tenant and an affiliate of Landlord (“Building B Landlord”) are entering into a lease for a building to be constructed on Parcel B of the Project (such building to be referred to as “Building B”, as such Parcel B is more particularly described on Exhibit 3.03(b), attached, and any such lease of Building B to be referred to as the “Building B Lease”). This Lease and the Building B Lease (together, the “Leases”) are each contingent upon the issuance of an “approval letter” by the Federal Drug Administration (the “FDA”) of Tenant’s new drug application for telaprevir as a so-called “listed drug”, as such terms are defined in 21 C.F.R 314.3 (the “Telaprevir Approval”). If the Telaprevir Approval is not issued by the FDA, or the FDA issues a written refusal to approve telaprevir, on or before December 31, 2011, then this Lease shall terminate and be of no further force and effect as of December 31, 2011 except for the obligations that expressly survive the termination hereof. [***]. [***].
Lease Contingency. This Lease is contingent on the Master Tenant submitting the necessary applications and documents to the Town for approval of the improvements and use of the property, such as, but not limited to, general plan amendment, a proposed site plan, concept drawings for the site plan, massing diagrams, and renderings identifying the location, general configuration, and proposed design characteristics of the buildings, parking spaces, landscaping, property subdivision, and other aspects of the improvement and uses. The Master Tenant acknowledges that the Project Proposal requires approvals and entitlements from the Town and shall submit a formal application for the Planning Approvals. Costs and fees associated with the Planning Approvals review shall be borne by the Master Tenant. Nothing in this Agreement shall be construed to compel the Town to approve or make any findings with respect to Planning Approvals. If Master tenant is unable to obtain Planning Approvals, either Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other party Upon the giving of such notice of termination, this Lease shall terminate without liability of either party to the other. This Lease is also contingent on Master Tenant and a Subtenant having executed a binding initial Sublease for any portion of the Premises and occupancy by Subtenants (the “Contingency”). If the Contingency has not been satisfied or waived by Landlord on or before the date twelve (12) months following the Effective Date, either Landlord or Master Tenant may terminate this Lease by giving written notice of termination to the other party Upon the giving of such notice of termination, this Lease shall terminate without liability of either party to the other.
Lease Contingency. Lessee acknowledges that this Amendment is contingent upon the successful termination of the Prolumina LLC lease for the Suite 1420 Expansion Premises.
Lease Contingency. Notwithstanding that Landlord may execute this Lease, this Lease shall be contingent upon Landlord’s mortgagee’s approval and consent, and, if such approval and consent is not received from Landlord’s mortgagee, this Lease shall not be effective, and Landlord shall have no liability to Tenant for such non-approval and non-consent of Landlord’s mortgagee. In the event Landlord’s mortgagee does not approve and consent to this Lease within forty five (45) days after the Effective Date, Tenant shall have the right to terminate this Lease upon notice to Landlord.
Lease Contingency. Notwithstanding anything to the contrary herein, Landlord shall have the right, in its sole and absolute discretion, to terminate this Lease with respect to all or part of the Land in accordance with the terms and conditions herein described:
Lease Contingency. This Option Addendum and Buyer's right to exercise the Option hereunder, are expressly conditioned upon Buyer's continued compliance with the terms and conditions of the Lease Agreement. Any breach of the Lease Agreement by Buyer, as tenant, shall automatically and immediately void and terminate the Option.
Lease Contingency. This Sublease shall be contingent upon Sublessee executing a lease with Master Lessor on Suite 160 in the Building (the “Adjacent Premises”) until June 25, 2020. In the event Sublessee shall not have an executed lease for the Adjacent Premises on or before June 25, 2020, Sublessee shall have the one-time right to terminate this Sublease upon written notice to Sublessor. In the event such written notice is not delivered on or before June 25, 2020, time being of the essence, Sublessee hereby waives its rights pursuant to this Section 29(f).
Lease Contingency. This Lease is expressly contingent upon Lessee, in its sole discretion, obtaining all licenses, permits, easements and approvals necessary to operate Lessee's operations in accordance with Paragraph
Lease Contingency. It is acknowledged and agreed that Tenant shall have the right, at its option, to terminate this Lease upon written notice thereof to Landlord, in the event that, on or before January 1, 2003, Landlord has not obtained from the City of Coppell a formal tax abatement agreement or Section 380 agreement documenting the City of Coppell’s agreement to provide the economic incentives shown on that certain letter from the City of Coppell to Landlord as set out in Exhibit “K” to the Lease, which agreement shall be in form reasonably acceptable to Landlord and Tenant. In the event Tenant has not exercised its right to terminate this Lease pursuant to this Section 10 on or before January 15,2003, then Tenant’s right to terminate this Lease as aforesaid shall be deemed null and void and of no further force or effect.
