Relocation Notice. Upon receiptissuance of a Firstthe Certificate of Occupancy for athe Replacement BuildingUnits, Developer shall deliver written notice of the completion of the Replacement Building (the “Relocation Notice”) within thirty (30) days to each Existing Tenant who delivered ▇▇▇ Replacement Unit Acceptance Notice. Such Relocation Notice shall indicate that Developer intends to relocate the Relocating Tenant to his or her Replacement Unit on a date reasonably agreed upon by Developer and the Relocating Tenant, which date shall be not sooner than thirty (30) days or later than sixty (60) days after delivery of the Relocation Notice unless an earlier or later date is mutually acceptable to Developer and the Relocating Tenant. (d) (b) Relocation Obligations. Developer shall be responsible, at Developer’s sole cost, for moving the possessions of each Relocating Tenant from the Relocating Tenant’s Existing Unit to the applicable Replacement Unit; provided, however, that Developer shall not be responsible for packing or unpacking the Relocating Tenant’s possessions into or out of moving boxes or other containers. Developer shall pay for any utility hook-up fees or charges incurred by a Relocating Tenant, including cable tv and internet service initiation fees, in relocating to a Replacement Unit, but only to the extent that the Relocating Tenant had such utility, cable television, or internet service activated in his or her Existing Unit. Upon the relocation of a Relocating Tenant and payment of the utility hook up fees as set forth in this Agreement, Developer shall not be subject to the requirements of Section 37.9A(e) ofpayment of relocation expenses under the Rent Ordinance for eachsuch Relocating Tenant.
Appears in 1 contract
Sources: Development Agreement
Relocation Notice. Upon receiptissuance Within sixty (60) days after the expiration of the Pre-Notice Period, in the event Landlord still desires to relocate Tenant, Landlord shall send a Firstthe Certificate of Occupancy for athe Replacement BuildingUnits, Developer shall deliver written notice of the completion of the Replacement Building thereof to Tenant (the “Relocation Notice”) within thirty (30) days to each Existing Tenant who delivered ▇▇▇ Replacement Unit Acceptance Notice). Such The Relocation Notice must:
(a) set forth a specific date no less than eighteen (18) months after the date of the Relocation Notice on which Tenant and any subtenants must fully vacate the Premises (“Relocation Date”);
(b) identify a relocation site proposed by Landlord (“Relocation Site”) which (i) is located within the area described and depicted on Exhibit “E” attached hereto; and (ii) substantially meets, or shall indicate that Developer intends to relocate the Relocating Tenant to his or her Replacement Unit on a date reasonably agreed meet upon by Developer and the Relocating Tenant, which date shall be not sooner than thirty (30) days or later than sixty (60) days after delivery of the Relocation Notice unless an earlier or later date is mutually acceptable Site, the terms of the Tenant’s Specifications;
(c) confirm that, as of the commencement of the Overlap Period (defined below), (i) all facilities and equipment servicing the Relocation Site shall be in good working order and repair, including a leak-free roof; and (ii) there shall be adequate power to Developer the space to be occupied by Tenant for Tenant’s operations; and (iii) all HVAC equipment shall be certified by a professional selected by Tenant as (x) having a remaining useful life of at least the Relocating term remaining in the Demised Term; and (y) being sized properly for the Relocation Site premises to be occupied by Tenant. , taking into account Tenant’s operations and number of employees said system to be comparable to that of Premises;
(d) (b) Relocation Obligations. Developer shall be responsible, at Developer’s sole cost, for moving the possessions of each Relocating Tenant from the Relocating confirm Tenant’s Existing Unit to Lease payment terms at the applicable Replacement Unit; providedRelocation Site, however, which payment terms shall reflect amounts which do not exceed the current Base Rent per square foot and Operating Expenses per square foot payable by Tenant as of the date of the Relocation Date;
(e) confirm that Developer Landlord shall not be responsible for packing all reasonable and customary actual costs incurred by Tenant related to relocating from the Premises (whether such relocation is to the Relocation Site in response to the Relocation Notice, or unpacking to an Alternative Location in response to a Termination Notice (both capitalized terms, defined below)), including without limitation, all costs to plan the Relocating move, pack Tenant’s possessions into non-fixture property and implement and consummate the vacating of the Premises, as well as any logistics, space configuration and operational consultants and other professionals retained by Tenant to plan and oversee the move and the layout of Tenant’s operations in the Relocation Site or out of moving boxes or other containers. Developer shall pay for any utility hook-up fees or charges the Alternative Location (as the case may be) and Tenant’s employee labor costs in connection with the relocation process as well as all losses and damages incurred by Tenant as a Relocating Tenant, including cable tv result of business interruption and internet service initiation fees, in relocating lost profits and the costs of replacing any fixtures or equipment which cannot be relocated or as to a Replacement Unit, but only to which the extent that cost of relocation would exceed the Relocating Tenant had such utility, cable television, or internet service activated in his or her Existing Unit. Upon the relocation cost of a Relocating Tenant and payment replacement (all of the utility hook up fees as foregoing, “Tenant’s Relocation Costs”). In no event however shall Landlord be liable to pay an amount in excess of one hundred fifty (150%) percent of the estimated Tenant’s Relocation Costs set forth in this Agreementthe Tenant’s Specifications (the “Relocation Cost Cap”); and
(f) Provide evidence of the posting of the Relocation Cost Security, Developer shall not be subject to the requirements of as defined in Section 37.9A(e) ofpayment of relocation expenses under the Rent Ordinance for eachsuch Relocating Tenant16.03 below.
Appears in 1 contract
Sources: Agreement of Sale (Blonder Tongue Laboratories Inc)