Common use of Relocation Clause in Contracts

Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 3 contracts

Sources: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Cirius Therapeutics, Inc.), Assignment and Assumption of Lease (Cirius Therapeutics, Inc.)

Relocation. A. LandlordOn or after the seventh (7th) anniversary of the Commercial Operation Date, District may, at any time during its option, require that the Extension TermSolar Facility be permanently relocated, shall have either on the right Site or to relocate Tenant from another site owned and operated by District, at a location with at least equal Insolation to the Leased Premises (for purposes of this Section, the “Old Premises”) existing Site and reasonably acceptable to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) both Parties (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation DateSite”). A District shall give Provider at least one-hundred twenty (120) calendar days’ notice of District’s need to move or relocate the Solar Facility. Following agreement on a Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying Site, the New Premises. The New Premises shall (i) be comprised of rentable area equal Parties will amend this Agreement to or greater than memorialize the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct required changes in the New Premises, not later than definition of “Site” and other changes required to memorialize the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant relocation. District shall cooperate reasonably with Landlord pay Provider’s actual and necessary costs in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession relocation of the Old Premises to Landlord on or before the Relocation DateSolar Facility, provided that Landlord has theretofore delivered vacant including removal costs, necessary storage costs, re-installation, Governmental Approvals, re-design, engineering, site work, re-commissioning costs, and exclusive possession of the New Premises to Tenantany applicable interconnection fees. Landlord District shall reimburse Tenant additionally compensate Provider for any reasonable moving expenses revenue that Provider would have generated during the period in which energy cannot be generated and for any other reasonable costs and expenses incurred by Tenant in so relocating delivered to the New Premises District from the Old PremisesSolar Facility being relocated, within at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing parties in connection with the relocation. Within thirty (30) days after Tenant’s request therefor of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and Tenant’s submission the total anticipated amount of lost revenues and additional costs to Landlord be incurred by Provider as a result of reasonable supporting documentation therefor. D. From such relocation. District will have twenty (20) days to review the calculation and after the Relocation Datemake, all references in writing, any objections to the Premises herein calculation. If an acceptable Relocation Site cannot be located, this Agreement shall mean terminate with respect to the New Premises rather than applicable Site, upon Provider’s thirty (30) days’ written notice. In the Old Premisesevent that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value for the Site requiring termination. In the event of a termination occurring under this Section 11, following receipt of payment from District of the Termination Value, Provider shall remove the Solar Facility and restore the Site in accordance with Section 3, at no additional cost to District.

Appears in 3 contracts

Sources: Solar Power Purchase Agreement, Solar Power Purchase Agreement, Solar Power Purchase Agreement

Relocation. A. Landlord, at any time during the Extension Term, shall have the right When it is necessary to relocate Tenant Educational Assistants to meet the changing needs of students throughout the school year, the following shall apply: 1) Dates for possible relocation will be the scheduled working day following Thanksgiving, the first school day after Christmas break and the scheduled working day following the March Break. 2) Prior to relocation, the Union shall be notified of the names, seniority, rank, and work locations of all Employees affected by relocation and will be provided with the description and list of all current Educational Assistant vacancies. Following relocation, the Union will be notified of the new assignments for relocated Educational Assistants as per Article 13.10. 3) The Special Education Department will assess school needs and determine where needs have increased or decreased. In the event that needs at a location have decreased, the least senior Educational Assistant at the location will be relocated. 4) Affected Employees will be notified of relocation and will be provided a description of all current vacancies, from which they may indicate preference, based on seniority and for which they are qualified. 5) Not less than three (3) working days subsequent to notification, the Employee will beasked to indicate their preference(s). They may choose a vacancy within 30kms, and/or beyond 30kms, of their home location. No Employee shall be required to choose a vacancy beyond 30kms of their home location. If an Employee is not placed into a selected vacancy, the Employee shall be relocated within 30kms of their home location if there exists a vacancy that meets their qualifications and entitlement. 6) Affected Employees will be relocated into permanent positions matching their FTE and qualifications. If at the end of the relocation process, an Educational Assistant is without a permanent position, they will have access to rightsunder Article 14.04. 7) Educational Assistants being relocated will be informed of their new assignment location. An Educational Assistant will begin their new assignment not less than five (5) days subsequent to being informed of their new location. 8) Where an Educational Assistant is relocated to a new location to meet student needs, the Employee may choose their home location from the Leased Premises (for purposes of this Section, original location or the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premisesnew location. The New Premises shall Employee will have not less than ten (i10) be comprised of rentable area equal working days to or greater than choose which location they opt to retain as their home location for the rentable area remainder of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesschool year. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Relocation. A. LandlordThe parties acknowledge that the Company’s principal place of business is currently in Watertown, at any time during Massachusetts and Executive’s primary residence is currently in the Extension Term, shall have the right state of Pennsylvania. Executive agrees to relocate Tenant from his primary residence to the Leased Premises (for purposes greater Boston, Massachusetts area prior to the first anniversary of the Effective Time. For the avoidance of doubt, Executive’s failure to relocate his primary residence to the greater Boston, Massachusetts area prior to the first anniversary of the Effective Time will constitute a breach of a material provision of this SectionAgreement that entitles the Company to terminate Executive’s employment for Cause (as defined below) without the requirement that Executive be provided written notice of, or an opportunity to cure, such breach. Until Executive relocates to the greater Boston, Massachusetts area, Executive will be permitted from time to time to perform his obligations under this Agreement remotely, provided that Executive will spend such time at the Company’s principal place of business in Watertown, Massachusetts as the Company’s Chief Executive Officer reasonably determines is necessary or appropriate for Executive to perform his duties and responsibilities under this Agreement. During the first twelve months of the Term or until Executive’s earlier relocation to the greater Boston, Massachusetts area, in addition to the Annual Base Salary, the Company will pay Executive additional base salary at the rate of $7,000 per month (Old PremisesAdditional Base Salary”) to other space offset the costs of Executive’s travel between Massachusetts and Pennsylvania in Landlordperforming his duties for the Company. Additional Base Salary will be prorated for any partial month of service and will not constitute Annual Base Salary under this Agreement. Further, the Company will reimburse Executive for (or pay directly on Executive’s downtown Kalamazoo portfolio (such other space being referred behalf) Executive’s reasonable moving expenses incurred in connection with Executive’s relocation to as the “New Premises”) greater Boston, Massachusetts area in an amount not to exceed $75,000 (the “Relocation OptionAllowance”). B. Landlord shall have , provided that such relocation occurs prior to the right first anniversary of the Effective Time. Documentation reasonably acceptable to exercise the Company of all reimbursable moving expenses must be submitted to the Company promptly following the date such expenses are incurred. All payments of the Relocation Option only by giving notice thereof Allowance will be provided within 60 days following Executive’s submission to the Company of such documentation, except that in no event will any payments of Relocation Allowance be made other than in calendar year 2018. Executive will be liable and responsible for the employee portion of all taxes owed in connection with the Relocation Allowance (to the extent the Company reasonably determines all or a portion of the Relocation Notice”Allowance constitutes taxable income to Executive) to Tenant not later than ninety or the Additional Base Salary, and the Company may (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall but will not be effective unless Landlord includes therewith a floor plan identifying required to) deduct or withhold such taxes from any compensation payable to Executive by the New PremisesCompany or its affiliates. The New Premises shall If (i) be comprised of rentable area equal to Executive’s employment is terminated by the Company for Cause or greater by Executive other than the rentable area for Good Reason (as defined below), in either case within 12 months of the Old Premisesdate Executive relocates to the greater Boston area, or (ii) be similar in configuration Executive fails to relocate to the Old Premisesgreater Boston, Massachusetts area prior to the first anniversary of the Effective Time, Executive will repay the Company the full amount of any Relocation Allowance paid to Executive (or paid on Executive’s behalf), and the Company will be entitled (iiibut not required) be within a 3 block radius to deduct the amount of any such repayment obligations from any amounts otherwise payable to Executive by the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised Company or any of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesits affiliates. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 2 contracts

Sources: Employment Agreement (Selecta Biosciences Inc), Employment Agreement (Selecta Biosciences Inc)

Relocation. A. LandlordLandlord may, at upon not less than 90 days’ notice to Tenant, relocate the Premises to any time during other premises within the Extension Term, shall have the right to relocate Tenant from the Leased Premises ▇▇▇▇▇▇ Center (for purposes of this Section, the Old Relocated Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the on a date that the of relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises) specified therein. The New Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (i) be comprised including the cost to relocate phones, computers and other systems of rentable area equal to or greater than similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the rentable area of the Old Premises, (ii) be similar in configuration Premises if such address changes due to the Old Premises, and relocation (iii) be within a 3 block radius of but only the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable quantity existing immediately prior to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing relocation) and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any all other reasonable out-of-pocket costs and expenses directly incurred by Tenant in so relocating connection with relocation to the New Premises from the Old Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall have the option, effective as of the Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within fifteen (15) Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s request therefor and Tenant’s submission election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord of reasonable supporting documentation therefor. D. From and shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, all references in which event the date of tender of possession of the Relocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, the aggregate Base Rent for the Relocated Premises shall be the same as for the original Premises. Tenant’s failure to vacate the Premises herein and move into the Relocated Premises on the Relocation Date shall mean constitute a Time Sensitive Default. Notwithstanding the New foregoing, Landlord shall not relocate the Premises rather than during the Old Premisesfirst twenty-four (24) months of the initial Lease Term.

Appears in 2 contracts

Sources: Office Lease (GP Investments Acquisition Corp.), Office Lease (Rimini Street, Inc.)

Relocation. A. LandlordSubject to the requirements established in this Agreement for notification and coordination, at any time during the Extension Termif, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Sectionin VCTC’s sole determination, the “Old Premises”) to other space in Landlordlocation of the Easements or configuration of any of the Work, interfere or inhibit any of VCTC’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord operations, Developer shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than within ninety (90) days before after prior written notice from VCTC and the date that grant of the New Easement or such additional time as is commercially reasonable for such relocation becomes effective (the “Relocation DatePeriod”) relocate such Rail Crossing and/or Utilities, as applicable, to a different location approved by VCTC at Developer’s sole cost and expense. Upon VCTC’s determination that such relocation is necessary, VCTC shall grant to Developer a new non-exclusive easement to install and maintain the relocated facilities on the same terms and conditions as the previous Easement(s) provided for by this Agreement (“New Easement”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area VCTC and Developer agree that upon completion of the Old Premises, (ii) be similar in configuration to the Old Premisesnew relocated facilities, and (iiiapproval of such relocated facilities by VCTC and appropriate regulatory agencies, Developer and VCTC shall terminate the previous Easement(s) and such Easement(s) shall be within a 3 block radius quitclaimed from Developer to VCTC without expense to VCTC, and any and all interest in the VCTC Property conveyed to Developer in the previous Easement(s) shall automatically revert to VCTC or its assigns and successors, without the necessity of any further action to effect such reversion. Notwithstanding the foregoing, VCTC shall only require relocation of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. LandlordRail Crossing and Rail Crossing Easement, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord Utilities and Utilities Easement in connection with Landlord’s designing work carried out in furtherance of a project necessary to fulfill the mission of the VCTC as that mission is set forth in the Ventura-Santa Clarita Rail Corridor Study adopted in 1993; Santa ▇▇▇▇▇ ▇▇▇▇▇▇ Line Master Plan adopted in 1996; Ventura Rail Right-of-Way Restoration Study adopted in 1998; Santa ▇▇▇▇▇ ▇▇▇▇▇▇ Line Management and performing Capital Needs Assessment adopted in 1999; Santa ▇▇▇▇▇ ▇▇▇▇▇▇ Line Master Plan Environmental Impact Report adopted in 2000; Santa ▇▇▇▇▇ ▇▇▇▇▇▇ Line Recreational Trail Master Plan adopted in 2000; Santa ▇▇▇▇▇ ▇▇▇▇▇▇ Line Rail Corridor Study adopted in 2006; and Fillmore and Western Railroad Regional Hydrology and Hydrologic Study adopted in 2012; or any amendments thereto as adopted by VCTC. In the construction event that Developer fails to relocate the Work within a reasonable amount of time after notice from VCTC, VCTC may relocate the Work and the cost and expense of such interior installation in the New Premises. Tenant relocation shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred be payable by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforDeveloper. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 2 contracts

Sources: Construction and Non Exclusive Easement Agreement, Construction and Non Exclusive Easement Agreement

Relocation. A. LandlordLandlord expressly reserves the right before possession or commencement and during the term of this Lease, at any time during its sole cost and expense, to remove the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes and relocate the Tenant to some other space of this SectionLandlord's choosing of approximately the same size within the Building, which other space shall be decorated by Landlord at Landlord's expense and Landlord may in its discretion use such decorations and materials from the “Old Premises”) existing Leased Premises or other materials, so that the space in which Tenant is relocated is comparable in its interior design and decoration to the Leased Premises from which Tenant is removed; provided, however, that if Landlord exercises its election to remove and relocate the Tenant to other space in Landlord’s downtown Kalamazoo portfolio (such other within the Building and the new space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to is at that time leasing for a higher rate of Rent per square foot of Net Rentable Area, then Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith required to pay the difference between the Rent per square foot of Net Rentable Area of the Leased Premises and the higher Rent per square foot of Net Rentable Area of the space to which Tenant is relocated; provided, further, that if Tenant is removed and relocated to other space within the Building which is then leasing at a floor plan identifying rate of Rent per square foot of the New Premises. The New Premises shall (i) be comprised of rentable Net Rentable area equal to or greater less than the rentable area rate of Rent per square foot of the Old PremisesNet Rentable Area of the existing Leased Premises at that time, (ii) Tenant's Rent per square foot shall be similar in configuration reduced to the Old PremisesRent per square foot of Net Rentable Area then being charged for the space in which Tenant has been relocated. Tenant, by the execution of this Lease, acknowledges the foregoing right of Landlord, and (iii) no rights granted in this Lease to Tenant, including, but not limited to the right of peaceful and quiet enjoyment, shall be within a 3 block radius deemed to have been breached or interfered with by reason of Landlord's exercise of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised right of a rentable area greater than the rentable area of the Old Premisesrelocation reserved in this Paragraph. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant 's sole obligation for any reasonable moving expenses and for any other reasonable costs and expenses incurred by of removal and relocation shall be the actual cost of relocating and decorating the space in which tenant is relocated, and Tenant agrees that Landlord's exercise of its election to remove and relocate Tenant shall not terminate this Lease or release the Tenant, in so relocating to the New Premises whole or in part, from the Old PremisesTenant's obligation to pay the rents and perform the covenants and agreement hereunder for the full term of this Lease. Landlord will endeavor to relocate Tenant with a minimum of disturbance to Tenant's business, within thirty (30) days after Tenant’s request therefor and Tenant’s submission for such period, if any, as Tenant is unable to Landlord conduct its business during and because of reasonable supporting documentation thereforsuch relocation, Rent shall ▇▇▇▇▇. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 2 contracts

Sources: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)

Relocation. A. LandlordIf, at following the Effective Date, EBS is required to relocate the Cable or any time during of the Extension Termfacilities used or required in providing Customer with the IRU, EBS shall give Customer sixty (60) days prior notice of any such relocation, if possible, and shall proceed with such relocation. EBS shall have the right to relocate Tenant from the Leased Premises (for purposes of this Sectiondirect such relocation, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have including, but not limited to, the right to exercise determine the extent of, the timing of, and methods to be used for such relocation; provided that any such relocation: (a) shall be constructed and tested in accordance with the specifications and -------- requirements set forth in Exhibits A and C; (b) shall not result in a materially adverse change to the operations, ---------------- performance, Connecting Points with the network of Customer, or end points of the System; and (c) shall not unreasonably interrupt service on the System. If the relocation is required due to EBS' failure to maintain an EBS Required Right, EBS shall pay the Relocation Option only Costs. In all other circumstances, where the Relocation Cost (excluding reimbursements) of EBS' relocation exceeds $"*" per occurrence and is beyond the reasonable control of EBS, Customer shall reimburse EBS for Customer's Proportionate Share of the Relocation Costs (including, without limitation, fiber acquisition, splicing and testing). In the event that a third party that does not have an interest in the fibers in the Cable reimburses EBS for all of or a portion of the cost to relocate the System, or a third person with an interest in the Cable reimburses EBS for more than its Proportionate Share of such Relocation Costs, then reimbursement amount shall reduce on a dollar-for-dollar basis the aggregate amount of Relocation Costs deemed to have been spent by giving notice thereof (EBS under this Article IX. EBS shall deliver to Customer updated as-built drawings consistent with the “Relocation Notice”) specifications set forth in Exhibit D with respect to Tenant not any relocated portion of the System no --------- later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area following completion of the Old Premiseswork. EBS shall prepare a budget for the costs associated with such relocation and, except in the event of an emergency, at least thirty (ii30) be similar in configuration days prior to beginning such relocation work provide Customer a copy. EBS shall provide information and documentation to Customer sufficient to demonstrate the Old Premises, basis for and (iii) be within a 3 block radius the proportionate amount of the Old PremisesRelocation Costs chargeable to Customer. In no event Customer shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction pay Customer's proportionate share of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, Costs within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after receipt of the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.foregoing information

Appears in 2 contracts

Sources: Iru Agreement (Pathnet Telecommunications Inc), Iru Agreement (Pathnet Telecommunications Inc)

Relocation. A. Landlord6.3.1 When SBC-13STATE determines because of zoning changes, condemnation, or government order or regulation that it is necessary for the Dedicated Space to be moved within an Eligible Structure to another Eligible Structure, from an adjacent space collocation structure to a different adjacent space collocation structure, or from an adjacent space collocation structure to an Eligible Structure, the Collocator is required to move its Dedicated Space or adjacent space collocation structure. SBC-13STATE will notify the resident Collocator(s) in writing within five days of the determination to move the location. If the relocation occurs for reasons other than an emergency, SBC-13STATE will provide the resident Collocator(s) with at any time during least one hundred eighty (180) days advance written notice prior to the Extension Term, shall have relocation. If the right Collocator is required to relocate Tenant from the Leased Premises (for purposes of under this Section, the “Old Premises”) Collocator will not be required to other pay any application fees associated with arranging for new space. The Collocator shall be responsible for the preparation of the new telecommunications equipment space and Dedicated Space at the new location or an adjacent space collocation structure if such relocation arises from circumstances beyond the reasonable control of SBC-13STATE, including zoning changes, condemnation or government order or regulation that makes the continued occupancy or use of the Dedicated Space or the Eligible Structure in Landlordwhich the Dedicated Space is located or the adjacent space collocation structure for the purpose then used, uneconomical in SBC-13STATE’s downtown Kalamazoo portfolio (such other reasonable discretion. In addition, a Collocator’s presence in SBC-13STATE Central Offices or adjacent space being referred collocation structures should not prevent SBC-13STATE from making a reasonable business decision regarding building expansions or additions to as the “New Premises”) (the “Relocation Option”)number of Central Offices required to conduct its business or its locations. B. Landlord shall have 6.3.2 If SBC-13STATE determines that a Collocator must relocate due to any of the right above reasons in Section 6, SBC-13STATE will make all reasonable efforts to exercise minimize disruption of the Relocation Option only Collocator’s services. In addition, the costs of the move will be shared equally by giving notice thereof (SBC-13STATE and the “Relocation Notice”) Collocator, unless the Parties agree to Tenant not later than ninety (90) days before a different financial arrangement. 6.3.3 If the date Collocator requests that the relocation becomes effective (Dedicated Space be moved within the “Relocation Date”). A Relocation Notice Eligible Structure in which the Dedicated Space is located, to another Eligible Structure, from an adjacent space collocation structure to a different adjacent space collocation structure or to a different Eligible Structure, SBC-13STATE shall not be effective unless Landlord includes therewith a floor plan identifying permit the New PremisesCollocator to relocate the Dedicated Space or adjacent space collocation structure, subject to availability of space and technical feasibility. The New Premises Collocator shall (i) be comprised responsible for all applicable charges associated with the move, including the reinstallation of rentable area equal to or greater than its equipment and facilities and the rentable area preparation of the Old Premises, (ii) be similar in configuration to the Old Premisesnew telecommunications equipment space, and (iii) be within a 3 block radius of the Old PremisesDedicated Space, or adjacent space collocation structure as applicable. In no event any such event, the new Dedicated Space shall be deemed the monthly rental amount increase if Dedicated Space and the New Premises new Eligible Structure (where applicable) shall be deemed the Eligible Structure in which the Dedicated Space is comprised of a rentable area greater than located and the rentable area of new adjacent space collocation structure shall be deemed the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesadjacent space collocation structure. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 2 contracts

Sources: Interconnection Agreement, Interconnection Agreement

Relocation. A. Landlord, at its expense at any time before or during the Extension TermLease Term (but not more than twice), shall be entitled to cause Tenant to relocate from the Premises to space containing not less than 95% of the Rentable Area of the Premises and a comparable layout, leasehold improvements and finishes as the Premises prior to the relocation (the "Relocation Space") within the Building or adjacent buildings within the same project at any time upon ninety (90) days' prior written notice to Tenant. Such a relocation shall not affect this Lease except that from and after the date of such relocation, "Premises" shall refer to the Relocation Space into which Tenant has been moved, rather than the original Premises as herein defined, and the Base Rental shall be adjusted so that immediately following such relocation the Base Rental for the Relocation Space per annum on a per square foot of Rentable Area basis shall be the same as the Base Rental per annum immediately prior to such relocation for the original Premises on a per square foot of Rentable Area basis, provided that the total monthly Base Rental for the Relocation Space shall in no event exceed the Base Rental for the Premises. Tenant's Pro Rata Share shall also be adjusted in accordance with the formula set forth in this Lease, provided that the Additional Base Rental for the Relocation Space shall not exceed the Additional Base Rental for the Premises. Landlord agrees to reimburse Tenant for all reasonable out-of-pocket costs incurred by Tenant in connection with the Relocation and not paid directly by Landlord, including the cost of moving furniture and equipment, installing cabling and wiring, and reprinting existing stationery and business cards and similar items of expense. B. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation intending to relocate the Premises to any location other than the top three (3) floors in the Phase I Building or Phase II Building, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within twenty (20) days after the date of Landlord's notice of relocation to Tenant. Such termination shall be effective sixty (60) days after the date of Landlord's notice of relocation, provided that Landlord, within ten (10) days after receipt of Tenant's notice of termination, shall have the right to relocate Tenant from the Leased Premises (for purposes withdraw its notice of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premisesrelocation. In no event such event, this Lease shall the monthly rental amount increase continue in full force and effect as if the New Premises is comprised Landlord had never provided Tenant with notice of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesrelocation. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 2 contracts

Sources: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)

Relocation. A. Landlord, at any time during the Extension Term, City shall have the right to relocate Tenant RW, from time to time, to another part of the Leased Building in which the Premises are located in accordance with the following: (for purposes of A) The new Premises shall be substantially the same in size, dimensions, configuration, decor and nature as are the Premises described in this Section, the “Old Premises”) to other space Use Agreement and shall be placed in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”)that condition by City at its cost. B. Landlord (B) The physical relocation of RW shall be accomplished by City at its cost. (C) City shall give RW at least thirty (30) days written notice of City's intention to relocate RW to a specified location in the Building. After receipt of such notice, RW shall have the right to exercise the Relocation Option only by giving notice thereof thirty (the “Relocation Notice”) to Tenant not later than ninety (9030) days before to notify City in writing if it objects to such relocation and of RW’s intent to terminate this Use Agreement without penalty and vacate the Premises by a date set forth in such notice which is not more than six (6) months after the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premisesnotice. Tenant City shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within have thirty (30) days after Tenant’s request therefor and Tenant’s submission receipt of such notice from RW to Landlord of reasonable supporting documentation thereforrescind its notice to relocate RW by written notice to RW. D. From (D) The relocation of RW shall take place on a weekend and after shall be completely accomplished before the Relocation DateMonday following the weekend in which the relocation takes place. If the relocation has not been completed in that time, all references Base Periodic Use Compensation shall fully ▇▇▇▇▇ from the time the relocation commences to the time it is completed. (E) All reasonable costs incurred by RW as a result of the relocation, including, without limitation, costs incurred in changing addresses on stationery, business cards, directories, advertising and other reasonable items, shall be paid by City. (F) If the relocated Premises herein shall mean the New Premises rather are smaller than the Old PremisesPremises as it existed before the relocation, Annual Base Periodic Use Compensation and RW's proportionate share of Operating Expenses shall be reduced accordingly. (G) The parties hereto shall immediately execute an Amendment to this Use Agreement evidencing RW's relocation and the reduction of Periodic Use Compensation, if any.

Appears in 2 contracts

Sources: Use Agreement, Use Agreement

Relocation. A. Landlord, at any time during the Extension Term, shall have the right When it is necessary to relocate Tenant Educational Assistants to meet the changing needs of students throughout the school year, the following shall apply: 1) Dates for possible relocation will be the scheduled working day following Thanksgiving, the first school day after Christmas break and the scheduled working day following the March Break. 2) Prior to relocation, the Union shall be notified of the names, seniority, rank, and work locations of all Employees affected by relocation and will be provided with the description and list of all current Educational Assistant vacancies. Following relocation, the Union will be notified of the new assignments for relocated Educational Assistants as per Article 13.10. 3) The Student Support Services Department will assess school needs and determine where needs have increased or decreased. In the event that needs at a location have decreased, the least senior Educational Assistant at the location will be relocated. 4) Affected Employees will be notified of relocation and will be provided a description of all current vacancies, from which they may indicate preference, based on seniority and for which they are qualified. 5) Not less than five (5) days subsequent to notification, the Employee will be asked to indicate his/her preference(s). He/she may choose a vacancy within 30kms, and/or beyond 30kms, of his/her home location. No Employee shall be required to choose a vacancy beyond 30kms of his/her home location. If an Employee is not placed into a selected vacancy, the Employee shall be relocated within 30kms of his/her home location if there exists a vacancy that meets his/her qualifications and entitlement. 6) Affected Employees will be relocated into permanent positions matching their FTE and qualifications. If at the end of the relocation process, an Educational Assistant is without a permanent position, he/she will have access to rights under Article 14.04. 7) Educational Assistants being relocated will be informed of their new assignment location. An Educational Assistant will begin his/her new assignment not less than five (5) days subsequent to being informed of their new location. 8) Where an Educational Assistant is relocated to a new location to meet student needs, the Employee may choose his/her home location from the Leased Premises (for purposes of this Section, original location or the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premisesnew location. The New Premises shall Employee will have not less than ten (i10) be comprised of rentable area equal working days to or greater than choose which location he/she opts to retain as his/her home location for the rentable area remainder of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesschool year. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Relocation. A. LandlordLESSOR may relocate TENANT’s facilities or any part thereof, to an alternate ground location on LESSOR’s property that is reasonably acceptable to TENANT, provided, however, that any relocation will: (i) be at any TENANT’s sole cost and expense if such relocation request occurs only one (1) time during the Extension Term, shall have term of the right to relocate Tenant Agreement or any renewals thereof and is required by change of laws or regulations or re- development of the site by LESSOR; (ii) be performed exclusively by TENANT or TENANT’s contractors; (iii) not result in any interruption of the communications service provided from the Leased Premises TENANT’s facilities; (for purposes iv) not impair or in any manner alter the quality of this Sectioncommunications service provided from the TENANT’s facilities; and (v) be done in strict accordance with the terms and conditions set forth herein. Upon relocation of the TENANT’s facilities, any access and utility easements provided to TENANT will be relocated as required upon mutual written agreement of the “Old Premises”parties and at TENANT's sole expense. If relocation is required more than one (1) time and or not required due to other space one of the reasons provided in Landlord’s downtown Kalamazoo portfolio item (i) above, then LESSOR shall pay fifty percent (50%) of the cost of relocation (such other space being referred cost to as include, without limitation, TENANT’s attorneys’ fees, title fees, survey fees, escrow fees, environmental fees, instrument recording fees). LESSOR may exercise its relocation right under this Section by delivering written notice to TENANT not less than eighteen (18) months prior to the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof proposed redevelopment/relocation date (the “Relocation Notice”) ). In the Relocation Notice, ▇▇▇▇▇▇ will propose an alternate site on LESSOR’s property, provided such alternate site is reasonably available, to Tenant not later than ninety which TENANT may relocate the TENANT’s facilities. TENANT will have sixty (9060) days before from the date that it receives the Notice to evaluate ▇▇▇▇▇▇’s proposed relocation site, during which period TENANT will have the right to conduct all tests as TENANT deems necessary or desirable to determine the feasibility of the proposed relocation site. If TENANT fails to approve of the proposed relocation site in writing within the sixty (60) day period, then TENANT will be deemed to have disapproved the proposed relocation site. If TENANT disapproves of the relocation becomes effective site, then LESSOR may thereafter propose another relocation site by Notice to TENANT in the manner set forth above. Any relocation site that ▇▇▇▇▇▇ and TENANT agree upon in writing is referred to as the “Relocation Site.” TENANT and ▇▇▇▇▇▇ will execute a written agreement concerning the location and dimensions of the Relocation Site (the “Relocation DateAgreement”) and schedule for relocation (“Relocation Period”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration Notwithstanding anything to the Old Premisescontrary contained herein, if TENANT advises LESSOR that TENANT reasonably believes that it will be unable to complete such relocation by the expiration of Relocation Period and (iii) be within a 3 block radius of TENANT prior thereto has used good faith efforts to effectuate such relocation, the Old Premises. In parties agree to extend such Relocation Period for an additional reasonably mutually agreeable time period, but in no event shall the monthly rental amount increase such time period exceed one hundred twenty (120) days. However, if the New Premises is comprised of parties are unable to agree upon a rentable area greater than Relocation Site within the rentable area Relocation Period, including any extension thereof, either party may terminate the Agreement in accordance with the provisions set forth in the Agreement, and any unused Rent shall be promptly refunded to TENANT. Upon relocation of the Old Premises. LandlordTENANT’s facilities or any part thereof, at Landlord’s expense, shall construct in the New Premises, not later than to the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation DateSite, all references to the Premises herein shall mean Site in the New Premises rather than Agreement will be deemed to be references to the Old PremisesRelocation Site. ▇▇▇▇▇▇ and TENANT agree that the Relocation Site (including any access and utility easements) will be surveyed by a licensed surveyor at TENANT’s sole expense. The survey will then become a part of the Agreement and will control as to the description of the Site. An accurate copy of all documents describing the Relocation Site will, at TENANT’s sole expense, be recorded in the official records of the county where the Relocation Site is located. Except as expressly provided in this provision, ▇▇▇▇▇▇ and TENANT agree that in no event will the relocation of the TENANT’s facilities or any part thereof, affect, alter, modify or otherwise change any of the terms and conditions of the Agreement.

Appears in 1 contract

Sources: Option and Lease Agreement

Relocation. A. LandlordIn addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the Extension Termterm (and any number of times during the term), shall have the right by written notice to relocate Tenant from the Leased Premises Tenant, elect, subject to Tenant's approval (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice which approval shall not be effective unless Landlord includes therewith a floor plan identifying unreasonably withheld or delayed), to relocate any portions of the New PremisesPremises to new premises on the Property. The New foregoing relocation right shall not apply to certain portions of the Premises shall described as follows: Buildings T and Z and Expansion Area. Tenant may not refuse to consent in writing to any such relocation proposed by Landlord if the proposed relocated premises (i) shall be comprised of rentable area equal to or greater than the rentable area of the Old Premises, reasonably comparable in size; (ii) shall be similar comparable in configuration physical characteristics relating to use (i.e., laboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the Old Premisesspecific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (iiiv) be shall not separate concentrations of space within a 3 block radius of the Old PremisesPremises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. In no event Tenant agrees that at the time Landlord makes an election to relocate the Premises and seeks Tenant's approval, Landlord may contemplate performing certain finish work or alterations to the proposed relocation space and in determining whether the proposed relocation space satisfies the foregoing criteria, Tenant shall the monthly rental amount increase review plans for such finish work and alterations and may not refuse approval if the New Premises proposed relocation space, as it is comprised of a rentable area greater than to be altered or finished, would satisfy the rentable area of the Old Premises. Landlord, at Landlord’s expense, criteria; provided that such alterations shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable be made to the interior installation that then exists in the Old Premises. C. proposed relocation space before Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises is required to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenantmove. Landlord shall reimburse Tenant for pay the costs of any reasonable moving expenses alterations or finish to the relocation space and for any all other reasonable reasonable, third party costs and expenses incurred by Tenant in so relocating moving to the New relocation space. Landlord and Tenant shall cooperate to cause the relocation to be accomplished in a way which minimizes cost and disruption to the parties' operations on the Property. Tenant shall complete the relocation and vacate and surrender the relocated portion of the Premises in accordance herewith within a reasonable period of time (as determined hereinbelow) after notice from Landlord that the Old Premises, within relocation space is ready for Tenant's use and occupancy. Within thirty (30) days after Landlord delivers written notice to Tenant of a required relocation, Tenant shall notify Landlord in writing of the amount of time Tenant believes is reasonable to accomplish the relocation after the relocated space is ready for Tenant’s request therefor 's use and occupancy. Such time period shall be deemed to be the reasonable period of time referred to hereinabove to accomplish the relocation unless Landlord disputes the time period selected by Tenant. After the relocation has been accomplished, the Premises shall no longer include the relocated space but shall include the new relocation space. Either Landlord and/or Tenant may elect under section 1.1, to measure the ----------- reconfigured Premises, at Landlord's expense, at such time to recalculate Base Rent and Tenant’s submission 's Percentage Share. Landlord and Tenant shall execute a written amendment to Landlord this Lease adjusting the Exhibits hereto which describe the Premises, the calculation of reasonable supporting documentation thereforrent, Tenant's Percentage Share and providing for such other adjustment as reasonably necessary. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Campus Lease (Monsanto Co /New/)

Relocation. A. At Landlord’s sole cost and expense, at any time before or during the Extension Term, if Landlord reasonably determines it is necessary for the health and safety of Tenant or of other tenants in the Building, Landlord may relocate Tenant from the Premises to space of reasonably comparable size and utility (“Relocation Space”) within the Building or adjacent buildings within the same project upon 60 days’ prior written notice to Tenant. The Relocation Space must contain similar finishes as the Premises, and approximately the same Rentable Square Footage as the Premises and the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the date Tenant receives Landlord’s notice of relocation. From and after the date of the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space. Landlord shall pay Tenant’s actual costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the new address, and prior to such relocation, Landlord, at Landlord’s cost, shall improve the Relocation Space to incorporate improvements and finishes similar to those incorporated within the Premises (the commercial availability of like or similar materials shall be taken into account in such case, so that Landlord will not be required to duplicate materials or finishes which are no longer readily available on the market, but may instead, with Tenant’s consent [not to be unreasonably withheld, conditioned or delayed], substitute reasonable replacement materials or finishes). Notwithstanding anything to the contrary contained herein, Landlord’s obligation to pay actual relocation related costs shall be limited to services directly related to the relocation and to products of a quality or grade in use by Tenant prior to such relocation. If Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the Relocation Space is not comparable to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the Relocation Space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord’s notice of relocation, provided that Landlord, within 10 days after receipt of Tenant’s notice of termination, shall have the right to relocate Tenant from the Leased Premises (for purposes withdraw its notice of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premisesrelocation. In no event such event, this Lease shall the monthly rental amount increase continue in full force and effect as if the New Premises is comprised Landlord had never provided Tenant with a notice of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesrelocation. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Office Lease Agreement (Audiocodes LTD)

Relocation. A. LandlordRelocation assistance to each displaced person shall be in accordance with the standards required in the Department’s R/W Procedures Manual, at F.A.C. rules and the Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended. Further, the Consultant shall: (a) Establish and maintain an accurate and complete working file for each displacee. All documents shall be uploaded into RWMS (or other electronic storage, per the FDOT Project Manager) within three (3) working days of receipt. (b) Comply with all requirements, policies and procedures of the Department. (c) When requested, prepare Conceptual Stage Relocation Plans in accordance with the Department’s R/W Procedures Manual. (d) If directed to do so, research and prepare a Relocation Needs Assessment Survey in accordance with FDOT's R/W Procedures Manual, and submit to the FDOT Project Manager for review and FDOT Relocation Administrator approval. This Relocation Needs Assessment Survey must be submitted within sixty (60) days of the date of the appropriate TWO. Said Relocation Needs Assessment Survey shall include, but is not limited to, the following: 1) Relocation surveys; 2) Accurate relocation schedules; 3) Pertinent census data; 4) Inventories of characteristics and needs of individuals, families and business operations to be displaced; 5) Inventories of comparable decent, safe and sanitary replacement dwellings available for sale or rent; 6) Inventories of available business relocation sites for sale or rent; 7) Current relocation cost estimate; 8) Results of business interviews conducted via a detailed door-to-door survey to obtain information regarding a business’s replacement site requirements, current lease terms and other contractual obligations and financial capacity of the business to accomplish the move. Document any time expressed need for outside specialists that will be required to assist in planning the move and identify personalty/realty issues; 9) Inventories of business displacees, ownership interests and potential eligibility for business damages should be noted. The resulting list of businesses must be checked against the records of the Secretary of State to identify any registered agents for those businesses. The surveys must be current to the date the negotiations are initiated on the project; and 10) Identification of any need for Last Resort Housing. (e) Present all relocation offers to owners and tenants. (f) Maintain up-to-date lists of available replacement housing and business sites. (g) Disclose availability of comparable housing and business locations. (h) Provide relocation assistance in accordance with all FDOT policies and procedures. (i) Calculate all appropriate relocation payments and costs. All computations that determine compensation for owners or displacees shall be prepared, reviewed and approved by separate, qualified individuals. (j) Prepare claim packages and submit to FDOT's Project Manager for review and Department approval. (k) Review any relocation appeal and prepare response for FDOT Project Manager's review and Department approval. (l) Provide personnel to assist FDOT's Project Manager and FDOT's attorney in obtaining all information pertinent to relocation appeals including, but not limited to, providing testimony during the Extension Termlife of the Agreement and accumulating information. (m) Provide field monitoring and documentation of business and residential relocations, when required. (n) Prepare and process invoices for requesting warrants for payment of claims. (o) Issue and deliver notices to vacate property. (p) Notify the FDOT Project Manager of any need for eviction notices. (q) Deliver warrants to displacees. The person calculating the payment and the person approving the payment shall have not deliver the right to relocate Tenant from the Leased Premises warrants. (for purposes of this Sectionr) Thoroughly document in RWMS all contacts with displacees and/or others involved in relocation (at a minimum, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”contact shall be at 30-day intervals). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”s) to Tenant not later than ninety Review all available information and resolve discrepancies, if any, among parcel inventories, appraisal reports (90) days before the date that the relocation becomes effective (the “Relocation Date”whether approved or unapproved). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premisesbusiness damage reports, and all relocation inventories (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesincluding property owner and tenant inventories). C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing (t) Provide input on the construction determination of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord “priority parcels” based on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforrelocation considerations. D. From (u) Provide management and after control services, including implementation of detailed scheduling and cost control activities, to support R/W Relocation Assistance Support Services. (v) Deliver a Customer Satisfaction Survey at the Relocation Date, all references to time the Premises herein shall mean the New Premises rather than the Old Premisesdisplacee moves.

Appears in 1 contract

Sources: Consultant Services Agreement

Relocation. A. LandlordLandlord may, at upon 60 days notice to Tenant, relocate the Premises to any time during other premises within the Extension Term, shall have the right to relocate Tenant from the Leased Premises Property (for purposes of this Section, the Old Relocated Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the on a date that the of relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises) specified therein. The New Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (i) be comprised including the cost to relocate phones, computers and other systems of rentable area equal to or greater than similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the rentable area of the Old Premises, (ii) be similar in configuration Premises if such address changes due to the Old Premises, and relocation (iii) be within a 3 block radius of but only the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable quantity existing immediately prior to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing relocation) and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any all other reasonable out-of-pocket costs and expenses directly incurred by Tenant in so relocating connection with relocation to the New Premises from the Old Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall have the option, effective as of the Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within 10 Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s request therefor and Tenant’s submission election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord of reasonable supporting documentation therefor. D. From and shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, all references in which event the date of tender of possession of the Relocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, the aggregate Base Rent for the Relocated Premises shall be the same as for the original Premises. Tenant’s failure to vacate the Premises herein and move into the Relocated Premises on the Relocation Date shall mean the New Premises rather than the Old Premisesconstitute a Time Sensitive Default.

Appears in 1 contract

Sources: Office Lease (Power Efficiency Corp)

Relocation. A. LandlordUtility Installations shall be located to minimize need for later adjustment to accommodate future roadway improvement and to permit access to servicing such installations with minimum interference to roadway traffic. If the County causes any County road or right-of-way to be constructed, improved, relocated, realigned, or otherwise changed within the Franchise Area; including traffic controls, drainage, and illumination; or if any part of such road or right-of-way becomes a state highway and relocation or readjustment is directed by the State Director of Transportation so as to reasonably necessitate relocation of any Facility of the Grantee on such road or right-of-way within the Franchise Area (in any case for purposes other than those described in Section 8(C), below), the County will: (a) provide Grantee, within a reasonable time prior to the commencement of the road or right-of-way project, written notice requesting the relocation; and (b) provide Grantee with reasonable plans, timetables and specifications for such road or right-of-way project. After receipt of such notice and such plans, timetables and specifications, Grantee shall relocate such Facilities within the Franchise Area at no charge to the County. If the County requires the subsequent relocation of any time during Facilities within five (5) years from the Extension Termdate of relocation of such Facilities pursuant to this Section or within five (5) years after the original installation of the Facilities, the County shall bear the entire cost of such subsequent relocation. The County will also provide Grantee a copy of its six year road transportation improvement program. B. The County Engineer shall have the final approval of the relocation schedule. Grantee shall be responsible for timely compliance with Facility relocation and coordinate with the County or the County’s contractor. The construction, operations, maintenance, and repair of Grantee’s Facilities authorized by this Franchise shall not preclude Garfield County, its agents, or its contractors from blasting, grading, excavating, or doing necessary road work contiguous to the said Facilities of the Grantee, provided that the Grantee shall be given forty-eight (48) hours notice of said blasting or other work, and provided further that the foregoing shall be subject to all other provisions of this Franchise and shall not substantially or unreasonably impair the rights granted to Grantee under this Franchise. C. Whenever (a) any public or private development within the Franchise Area, other than a public right of way improvement of the type described in Section 8(A), above, requires the relocation of Grantee's Facilities within the Franchise Area to accommodate such development; or (b) the County requires the relocation of Grantee's Facilities within the Franchise Area for the benefit of any person or entity other than the County, then in such event, Grantee shall have the right as a condition of such relocation, to relocate Tenant from the Leased Premises (for purposes of this Sectionrequire such developer, the “Old Premises”) person or entity to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred make payment to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. LandlordGrantee, at Landlord’s expensea time and upon terms acceptable to Grantee, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable all costs and expenses incurred by Tenant Grantee in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord relocation of reasonable supporting documentation therefor▇▇▇▇▇▇▇'s Facilities. D. From and after Any condition or requirement imposed by the Relocation DateCounty upon any person or entity, all references other than Grantee, that requires the relocation of Grantee's Facilities shall be a required relocation for purposes of Section 8(C), above (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development). E. Nothing in this Section 8 shall require Grantee to bear any cost or expense in connection with the Premises herein shall mean the New Premises rather than the Old Premiseslocation or relocation of any Facilities then existing pursuant to easement or such other rights not derived from this Franchise.

Appears in 1 contract

Sources: Franchise Agreement

Relocation. A. (a) Landlord, at its expense, at any time during the Extension Term, shall have but no more than once during the right to Term, may relocate Tenant from the Leased Demised Premises to space within ten (10%) percent of (plus or minus) the initial Demised Premises and of equal or greater utility to the initial Demised Premises (for purposes of this Section, the Old Relocation Premises”) to other space within the Building in Landlord’s downtown Kalamazoo portfolio reasonable judgment upon one hundred twenty (such other space being referred 120) days’ prior written notice to as the “New Premises”) (the “Tenant. Such Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area located on the same floor or no more than two floors above or below the initial Demised Premises, and shall be improved, prior to such relocation, at Landlord’s sole cost and expense, to a functional, architectural, and aesthetic standard equal to or greater than that of the initial Demised Premises in its condition immediately prior to such relocation, including but not limited to with respect to views from the Relocation Premises to the exterior of the Building. From and after the date of the relocation, the Fixed Rent and Tenant’s Proportionate Share shall be adjusted based on the rentable area square footage of the Old Relocation Premises if such Relocation Premises contains fewer rentable square feet than the initial Demised Premises. If such Relocation Premises contains more rentable square feet than the initial Demised Premises, (ii) be similar in configuration the Fixed Rent and Tenant’s Proportionate Share shall remain the same as they were prior to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenantrelocation. Landlord shall reimburse Tenant for any pay the reasonable and actual Tenant’s costs of relocation, including but not limited to costs to improve the Relocation Premises to the standard set forth above and costs related to moving expenses Tenant’s furniture, equipment, supplies and for any other personal property, the cost of printing and distributing change of address notices, one month’s supply of stationery showing the new address, IT cabling costs, and all other reasonable and actual costs and expenses incurred by Tenant in so relocating connection with the relocation. Additionally, the first Monthly Fixed Rent payment (but not any Additional Rent, electricity charges or any other charges or payments due hereunder, which such Additional Rent, electricity charges and other charges and payments shall be due and payable commencing on the date Tenant takes possession of the Relocation Premises) payable by Tenant hereunder for the Relocation Premises shall be abated. Notwithstanding any other provision of this Section 32, Tenant shall not be required to relocate from the initial Demised Premises to the New Relocation Premises from until the Old Relocation Premises has been improved by Landlord to the standard set forth above, as determined by Landlord in its reasonable discretion; provided, that if Tenant agrees to take occupancy of the Relocation Premises prior to Landlord completing its renovation of the Relocation Premises to the standard set forth above, as determined by Landlord in its reasonable discretion, in addition to the Fixed Rent abatement set forth above, Tenant shall be entitled to two (2) days of abated Fixed Rent for each day that Tenant occupies the Relocation Premises prior to Landlord completing its renovation of the Relocation Premises to the standard set forth above. (b) In the event Landlord exercises its right to relocate Tenant, Landlord and Tenant hereby agree to amend promptly those provisions of this Lease that are affected by the relocation and the change, if any, in the rentable square footage. (c) After Tenant takes possession of the Relocation Premises, within thirty (30) days after Tenant’s request therefor the term “Demised Premises” as used in this Lease, shall be deemed to refer to and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after include the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Lease Agreement (Cellectar Biosciences, Inc.)

Relocation. A. Landlord, at any time during the Extension Term, shall have the right You agree to relocate Tenant yourself and your family to the Minneapolis, Minnesota metropolitan area by July 31, 2007. The Company will provide you with a comprehensive relocation package intended to cover reasonable costs associated with relocating from New York, New York to the Leased Premises (Minneapolis, Minnesota metropolitan area. Such package will include the following: The Company will provide or reimburse you for the actual travel costs for up to two round trips by you and your immediate family from New York to Minneapolis for purposes of house hunting and school interviews. You should work with the Company to make travel arrangements, including airfare and hotel, in accordance with Company travel policies and practices. The Company will arrange for and provide to you temporary living accommodations in the Minneapolis metropolitan area for a period beginning on your date of hire and ending no later than July 31, 2007, and travel between Minneapolis and New York during such period, in accordance with the Company’s travel policies and practices, on average not more than twice per month. The Company will reimburse you for the actual costs of your real estate brokerage and related fees, closing costs and legal expenses in connection with the sale of your current primary residence in New York, New York, and closing costs in connection with your purchase of a home in the Minneapolis metropolitan area. The Company will pay an agreed upon vendor for reasonable costs of moving the household goods and personal effects of you and your family from New York to the Minneapolis metropolitan area. A cap for such costs to be paid by the Company shall be established by the Company following receipt of vendor estimates. To the extent that the relocation benefits provided to you under this Sectionletter agreement represent taxable income to you, the “Old Premises”) Company will gross-up such amount to account for the estimated taxes to be owed by you, in accordance with the policies and practices of the Company. You will submit receipts or other space in Landlord’s downtown Kalamazoo portfolio (appropriate documentation of each expense under this paragraph within 30 days after such other space being referred expense is incurred, and the Company will pay such reimbursements to as you within 30 days thereafter. Inventions Agreement: As a condition of your employment with the “New Premises”) Company, you will be required to sign the enclosed Proprietary Information and Inventions Agreement (the “Relocation OptionPIIA”). B. Landlord shall have , the right terms of which are incorporated herein by reference. Change in Control: In order to exercise provide you with protection in the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith event of a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area change in control of the Old PremisesCompany, you and the Company will enter into the enclosed Management Agreement, the terms of which are incorporated herein by reference (ii) be similar except that terms defined in configuration the Management Agreement apply only to the Old Premisesuse of such terms in the Management Agreement, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct terms defined in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable this letter agreement apply only to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction use of such interior installation terms in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforthis letter agreement). D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Employment Agreement (Fair Isaac Corp)

Relocation. A. The Landlord, at any time during the Extension Termin its commercially reasonable discretion, shall have the right from time to relocate Tenant from time to change the Leased location of the Premises to other space (for purposes of this Section, the “Old Substituted Leased Premises”) within the Building, subject to other space the terms and conditions set forth below. (a) The Substituted Leased Premises shall contain a minimum floor area of approximately the same number of square feet as are contained in the Premises; and the square footage of any Common Facilities attributable to the Substituted Leased Premises shall be approximately the same as that of the Common Facilities attributable to the Premises. (b) The Landlord shall give the Tenant notice of Landlord’s downtown Kalamazoo portfolio (such other space being referred decision to relocate the Tenant; and the Tenant agrees that it shall relocate to the Substituted Leased Premises as the “New Premises”) (the “Relocation Option”)soon as same is ready for occupancy. B. (c) The Landlord shall have bear and pay for the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date cost and expense of any such relocation; provided, however, that the relocation becomes effective (the “Relocation Date”). A Relocation Notice Tenant shall not be effective unless Landlord includes therewith a floor plan identifying the New Premisesentitled to any compensation for damages for any interference with or interruption of its business during or resulting from such relocation. The New Landlord shall make reasonable efforts to minimize such interference. Tenant shall cooperate with Landlord so as to facilitate the prompt completion by Landlord of its obligations under this Section. Without limiting the generality of the foregoing, Tenant agrees to provide to Landlord promptly such approvals, instructions, plans, specifications or other information as may be reasonably requested by Landlord. (d) In connection with any such relocation, the Landlord shall, at its own cost and expense, furnish and install in (or, if practicable, relocate to) the Substituted Leased Premises all walls, partitions, floors, floor coverings, ceilings, fixtures, wiring and plumbing, if any, (as distinguished from trade fixtures, equipment, furniture, furnishings and other personal property belonging to Tenant) required for the Tenant’s proper use and occupancy thereof, all of which items shall be comparable in quality to those situated in the Premises. (ie) be comprised Landlord and Tenant shall promptly execute an amendment to this Lease reciting the relocation of rentable area equal to or greater than the Premises and any changes in the Fixed Basic Rent and Additional Rent payable hereunder on account of the change in rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Substituted Lease Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Office Space Lease (Clearpoint Business Resources, Inc)

Relocation. A. Landlord, at its expense, at any time before or during the Extension Term, shall have the right to may relocate Tenant from the Leased Premises to space of reasonably comparable size and utility (“Relocation Space”) within the Building or adjacent buildings within the same project upon 60 days’ prior written notice to Tenant. So long as Tenant is leasing Suites 220 and 240 consisting of approximately 1,546 and 4,407 rentable square feet respectively in the Building from Landlord, Landlord and Tenant understand and agree that to be a “reasonably comparable space” for purposes of this SectionSection XXIV, the “Old Premises”Relocation Space must be reasonably comparable (when viewed in combination with other space leased by Tenant from Landlord) to other the combined space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area consisting of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to TenantS▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the date of the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation DateSpace. Landlord shall pay Tenant’s reasonable costs of relocation, including all references costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery (and other reasonable, “address-change sensitive” written materials) showing the new address. Unless otherwise agreed to in writing by Tenant, Landlord shall effect the relocation move into the Relocation Space after 5:00 p.m. on a Friday, during a weekend or on any Building Holiday (the “Approved Relocation Times”) so that Tenant’s business is not interrupted during the relocation. Notwithstanding the foregoing, if Landlord fails to substantially complete the relocation during the Approved Relocation Times and, as a result thereof, Tenant cannot open in the Relocation Space on the Business Day immediately following the relocation during the Approved Relocation Times, Tenant, as its sole remedy, shall be entitled to receive a per diem abatement of Base Rent for each Business Day the relocation prohibits the Tenant from operating its business. Tenant, however, shall not be entitled to an abatement to the Premises herein shall mean extent Tenant is prohibited from operating its business during such Business Day as a result of the New Premises rather than the Old Premisesacts or omissions of Tenant, its agents, employees or contractors.

Appears in 1 contract

Sources: Office Lease Agreement (Ipayment Inc)

Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. The Landlord shall have the right right, in its sole discretion, from time to exercise time, on not less than 60 days’ written notice to the Relocation Option only by giving notice thereof (Tenant, to relocate the “Relocation Notice”) Premises to Tenant not later than ninety (90) days before other premises within the date that Project having approximately the relocation becomes effective (same area as the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises Landlord shall (i) be comprised of rentable area equal entitled to or greater than designate the rentable area location of the Old Premises, (ii) be similar in configuration new premises and the date by which the Tenant must relocate to the Old new premises, and such location and date shall be specified in the written notice. As of the date so specified, the Tenant’s right to use and occupy the Premises will terminate, whether or not the Tenant has moved, unless the Landlord has in its sole discretion by another notice in writing extended such date. The Tenant shall on the date set out in the notice from the Landlord relocate to the other premises and vacate the Premises, and (iii) be within a 3 block radius the provisions of Section 9.3 shall apply in respect of the Old PremisesPremises on such date. If the Landlord relocates the Premises prior to occupancy of the Premises by the Tenant, it shall reimburse the Tenant for all expenses already incurred by the Tenant in preparing to move into the Premises to the extent that such expenditure is for items or materials not usable in the alternate premises. If the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Landlord shall provide the relocated premises improved to a standard and using materials of approximately the same quality as the Leasehold Improvements which exist in the existing Premises at the time of relocation and will reimburse the Tenant (upon receipt of copies of receipted third party invoices) for direct costs associated with the relocation, including, without limitation, moving costs, reprinting of a limited supply of stationery and supplies and disconnection and reconnection of telephone and computer equipment and systems. In no event case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of profits and the Tenant will minimize costs by re-using all fixtures and trade fixtures from the Premises where it is feasible to do so. The Landlord agrees to use reasonable efforts to effect the relocation with a minimum of disruption to the Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the monthly rental amount increase Landlord's standard form to confirm the terms of the relocation including, without limitation, any adjustment to the Basic Rent if the New Premises Rentable Area of the relocated premises is comprised of a rentable area greater different than the rentable area Rentable Area of the Old Premises. Landlord, at Landlord’s expense, existing Premises and to confirm that all other terms and conditions of this Lease shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable apply with respect to the interior installation that then exists in relocated premises for the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession remainder of the Old Premises Term. In the event the Landlord exercises its rights hereunder, then the Tenant will not be obligated to Landlord pay any amounts on or before the Relocation Dateaccount of Basic Rent, provided that Landlord has theretofore delivered vacant Operating Costs and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant Property Taxes for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty three (303) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforcalendar months. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Lease Agreement (Nevada Geothermal Power Inc)

Relocation. A. Landlord, at any time during the Extension Termits sole expense and discretion, shall have the right may require Tenant to relocate any or all of the Equipment and Connecting Equipment located on the rooftop or within the Building, provided that such relocation does not materially and adversely impair the operation of the Equipment and Connecting Equipment or materially degrade the quality of transmission of the Equipment and Connecting Equipment. In the event Landlord requires Tenant from the Leased Premises (for purposes of this Sectionto relocate Tenant’s Equipment or Connecting Equipment, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) case may be, Tenant shall within sixty (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (9060) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall either: (i) be comprised of rentable area equal terminate this License upon written notice to Landlord; or greater than the rentable area of the Old Premises, (ii) be similar in configuration commence efforts to relocate the Old PremisesEquipment or the Connecting Equipment, as the case may be, and complete their relocation with on hundred twenty (iii120) be within a 3 block radius days of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised date of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expenseoriginal notice to Tenant to relocate, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. which event Landlord shall reimburse Tenant for any reasonable moving reasonable, actual, out-of-pocket costs or expenses paid by Tenant to third parties in connection with such relocation. Landlord will permit Tenant to perform a standard cutover procedure, if required by any relocation of Equipment, which will ensure that the relocated Equipment is operational for services prior to discontinuing service from the old location. In the event all or a portion of the roof membrane must be repaired or replaced, or any other Building maintenance need arises that requires the temporary removal of the Equipment and Connecting Equipment, Tenant shall be fully responsible, at its sole cost and expense, for the removal and re-installation of all Equipment. Except in the case of emergencies, Landlord shall provide Tenant with forty-eight (48) hours notice of any planned repairs or replacements that will require the removal of Tenant’s Equipment, unless Landlord is unable to provide forty-eight (48) hours notice due to the nature of the repair or replacement, in which event Landlord shall provide as much notice as reasonably possible. Landlord shall promptly notify Tenant when the repair or replacement is complete and the re-installation of the Equipment may commence. All Equipment shall be re-installed in strict accordance with the specifications previously approved by Landlord and in effect at the time of the Equipment’s removal. Landlord shall have no liability to Tenant or any third-party for any other reasonable costs losses incurred as a result of the relocation and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforre-installation. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Office Lease (Brown & Brown Inc)

Relocation. A. Landlord, at its expense, at any time before or during the Extension Term, may relocate Tenant from all or any portion of the Premises (provided, however, that Landlord may not relocate Tenant from any portion of any floor of the Building unless Landlord relocates Tenant from the entirety of the portion of the Premises that is located on such floor) to space of reasonably comparable size and utility ("RELOCATION SPACE") within the Building upon 60 days' prior written notice to Tenant, provided that if Landlord shall relocate Tenant from the portion of the Premises located on the 6th floor of the Building, the Relocation Space for such portion of the Premises shall be located on or above the 7th floor of the Building. Notwithstanding the foregoing, Landlord shall not be entitled to relocate Tenant during the period beginning October 15th of any calendar year and ending January 15th of the immediately following calendar year. The Relocation Space for the Premises (or any portion thereof) must contain similar finishes as the Premises (or such portion thereof), and approximately the same Rentable Square Footage as the Premises (or such portion thereof) and the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises (or such portion thereof) as of the date Tenant receives Landlord's notice of relocation. In addition, any Relocation Space for any portion of the Premises located on any single floor of the Building shall be not be deemed to be of reasonably comparable size and utility unless such Relocation Space is located on a single floor of the Building. From and after the date of the relocation, the Base Rent and Tenant's Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space. Landlord shall pay Tenant's reasonable costs of relocation, including all costs for moving Tenant's furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant's customers and one month's supply of stationery showing the new address. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the Relocation Space in the manner and to the extent such cabling existed in the Premises (or the applicable portion thereof) prior to the relocation. Notwithstanding anything to the contrary contained in this Section 21, Landlord shall have the right no right, pursuant to this Section 21, to relocate Tenant from any portion of the Leased Premises, other than from the portion of the Premises (for purposes of this Sectionlocated on the 3rd floor, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall unless: (i) be comprised of rentable area equal such relocation is necessary to or greater than the rentable area enable a Qualified Tenant (defined below) to lease such portion of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iiiii) be within a 3 block radius such portion of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area located either (a) adjacent to all or any portion of the Old Premises. Landlord, at Landlord’s expense, shall construct in Qualified Space (defined below) on the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession same floor of the Old Premises to Landlord Building, or (b) on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession a floor of the New Premises to TenantBuilding located immediately above or below a floor containing all or any portion of the Qualified Space. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old PremisesAs used herein, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises."

Appears in 1 contract

Sources: Office Lease Agreement (Lightbridge Inc)

Relocation. A. Landlord, at its expense, at any time before or during the Extension Term, shall have the right to may relocate Tenant from the Leased Premises to space of reasonably comparable size, window lines, utility and improvements (for purposes of this Section, the Old PremisesRelocation Space”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as within the “New Premises”) (Building or business park of which the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than Building is a part upon ninety (90) days before prior notice to Tenant. From and after the date that of the relocation becomes effective (relocation, the “Relocation Date”). A Relocation Notice shall not Fixed Basic Rent and Tenant’s Percentage will be effective unless Landlord includes therewith a floor plan identifying adjusted based upon the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the gross rentable area of the Old Premises, (ii) be similar Relocation Space; but in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall will the monthly rental amount Fixed Basic Rent or Tenant’s Percentage increase if the New Premises is comprised of as a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction result of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenantrelocation. Landlord shall reimburse will pay Tenant for any the actual, reasonable out of pocket moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after connection with such relocation. Landlord will have no liability for any interference with Tenant’s request therefor business resulting from such relocation. Landlord shall bear and Tenant’s submission to pay for the cost and expense of any such relocation including, the moving of any furniture and equipment and the reprinting of existing stationery. In connection with any such relocation, the Landlord of reasonable supporting documentation therefor. D. From shall, at its own cost and after expense, furnish and install in (or, if practicable, relocate to) the Relocation DateSpace all walls, partitions, floors, floor coverings, ceilings, fixtures, wiring and plumbing, if any, (as distinguished from trade fixtures, equipment, furniture, furnishings and other personal property belonging to Tenant) required for the Tenant's proper use and occupancy thereof, all references of which items shall be comparable in quality to those situated in the Premises herein Premises. The Landlord shall mean the New Premises rather than the Old Premisesmake reasonable efforts to minimize such interference and, if requested by Tenant, shall relocate Tenant during Saturdays, Sundays and/or Business Holidays.

Appears in 1 contract

Sources: Lease Agreement (Rosetta Genomics Ltd.)

Relocation. A. LandlordLandlord may, at upon 90 days notice to Tenant, relocate the Premises to any time during other premises within the Extension Term, shall have the right to relocate Tenant from the Leased Premises Property (for purposes of this Section, the Old Relocated Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the on a date that the of relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises) specified therein. The New Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same Ieasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set forth below. All moving costs (i) be comprised including the cost to relocate phones, computers and other systems of rentable area equal to or greater than similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the rentable area of the Old Premises, (ii) be similar in configuration Premises if such address changes due to the Old Premises, and relocation (iii) be within a 3 block radius of but only the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable quantity existing immediately prior to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing relocation) and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any all other reasonable out-of-pocket costs and expenses directly incurred by Tenant in so relocating connection with relocation to the New Premises from the Old Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall have the option, effective as of the Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within 15 Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s request therefor and Tenant’s submission election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord of reasonable supporting documentation therefor. D. From and shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, all references in which event the date of tender of possession of the Relocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, the aggregate Base Rent for the Relocated Premises shall be the same as for the original Premises. Tenant’s failure to vacate the Premises herein and move into the Relocated Premises on the Relocation Date shall mean the New Premises rather than the Old Premisesconstitute a Time Sensitive Default.

Appears in 1 contract

Sources: Office Lease (CSR PLC)

Relocation. A. LandlordIn the event that Tenant and Landlord enter into the New Lease and in order to construct the New Premises, at any time during it is necessary for Landlord to demolish the Extension TermBuilding, then Landlord shall have the right to relocate the Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall another temporary ground level location either (i) be comprised of rentable area equal to on the Real Estate, or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block one mile radius of the Old PremisesReal Estate. In no the event the Landlord exercises its right to relocate the Tenant, as provided for herein, it shall give the monthly rental amount increase if Tenant at least sixty (60) days prior written notice and shall provide the New Tenant with a temporary ground level facility within which Tenant can conduct its business, which temporary ground level facility (a) may be a ground level trailer or other temporary ground level building, in-line or out parcel retail space in a shopping center or other business area and (b) shall include sufficient parking spaces, all of which will comply with local law. In the event Landlord elects to relocate the Tenant to a temporary ground level facility, the Landlord will pay the actual and direct, out-of-pocket, reasonable expenses of Tenant in moving from the Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation temporary ground level facility and shall improve the temporary ground level facility so that then exists Tenant can conduct its businesses therein, on a temporary basis. Minimum Rent for the temporary ground level facility shall be the lesser of (i) the rental cost Landlord is obligated to pay to a third party in order to provide the Old Premises. C. temporary ground level facility to Tenant or (ii) the Minimum Rent payable under this Lease and Landlord and Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing execute an amendment to this Lease confirming the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, relocation within thirty (30) days after either party shall request same. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be obligated to vacate the Premises, and relocate to the temporary ground level facility until said temporary ground level facility is improved, in Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforjudgment, so that Tenant can conduct its businesses therein, on a temporary basis. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Lease Agreement (Midwest Banc Holdings Inc)

Relocation. A. At Landlord’s expense at any one time during the Expansion Space Term (but not prior to Tenant’s occupancy of the initial Expansion Space as set forth on Exhibit A hereto) , as the same may be extended by written agreement between the parties, Landlord shall be entitled to cause Tenant to relocate from the Expansion Space to space containing approximately the same rentable area as the Expansion Space (the “Expansion Relocation Space”) within the Building at any time during upon 60 days’ prior written notice to Tenant (“Expansion Relocation Notice”). Such a relocation shall not affect the Extension TermLease except that from and after the date of such relocation, “Expansion Space” shall refer to the Expansion Relocation Space into which Tenant has been moved, rather than the original Expansion Space as herein defined, and the total monthly Base Rent for the Expansion Relocation Space shall in no event exceed the total monthly Base Rent for the original Expansion Space prior to the relocation (as reduced by the Abated Base Rent as provided in Section 2.02 above). The Expansion Relocation Space shall be one contiguous space and shall include a kitchen, and Landlord shall, at Landlord’s sole cost and expense, (i) re-paint of the painted walls within the Expansion Relocation Space (with the necessary amount of coats thereof) with substantially the same color as the existing walls within the Expansion Space, subject to color availability, and (ii) re-carpet the carpeted areas within Expansion Relocation Space with substantially the same carpet as the existing carpeted areas within the Expansion Space, subject to the carpet availability. Landlord shall pay Tenant’s reasonable costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and other personal property. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the Expansion Relocation Space in the manner and to the extent such cabling existed in the Expansion Space prior to the relocation (which such costs shall include any such cabling costs associated with connecting the Expansion Relocation Space to the Original Premises). Notwithstanding anything to the contrary, Landlord shall not have the right to cause Tenant to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Expansion Relocation Option”)Space. B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Office Lease Agreement (Rapid7 Inc)

Relocation. A. Landlord(a) If, at any time during the Extension Term or any renewal of the Term, shall have the right Landlord requires possession of all or any portion of the Premises located from to relocate Tenant from the Leased Premises (time in One Park Centre for purposes of this Sectionany purpose whatsoever, the “Old Premises”Landlord may, on no less than three (3) months' prior Notice to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) Tenant (the "Relocation Option”Notice"). B. Landlord shall have , require the right Tenant to exercise vacate all or any portion of the Premises located in One Park Centre as specified in the Relocation Option only by giving notice thereof Notice (the “Relocation Notice”"Vacated Space") to Tenant not later than ninety (90) days before on the date that specified in the relocation becomes effective Relocation Notice (the "Relocation Date") and relocate into other premises in Two Park Centre (the "Relocated Premises"). A If a Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premisesis given, (ii) be similar in configuration this lease, insofar as it relates to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expenseVacated Space, shall construct in the New Premises, not later than terminate on the Relocation Date, an interior installation that is as but only if the Landlord has completed the Relocated Premises in accordance with its obligations set out in paragraph 10(b); (b) The Relocated Premises shall be comparable as reasonably practicable in all material respects to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Vacated Premises and surrender vacant shall be fully fixtured (not including the Tenant's trade fixtures) and exclusive possession of in "turn-key" condition and available for the Old Premises to Landlord Tenant's occupancy on or before the Relocation Date, provided that the Landlord has theretofore delivered vacant being fully responsible for performing all work required to make the Relocated Premises so available. (c) The Landlord shall pay all direct costs of preparing the Relocated Premises for occupation by the Tenant (which costs shall include, without limitation, all costs in wiring the Relocated Premises for the Tenant's use) and exclusive possession of relocating the Tenant and all of the New Premises to Tenant's property, fixtures and furniture therein. The Landlord shall reimburse Tenant for any reasonable moving expenses and not be liable for any other reasonable costs and expenses incurred by or consequential costs, damages or losses to or of the Tenant in so relocating as a result of such relocation. (d) To the extent that the Rentable Space of the Relocated Premises is not identical to that of the Vacated Premises, the Fixed Rent shall be adjusted upwards or downwards, as the case may be, at the same rate per square foot per annum as was payable with respect to the New Premises from the Old Vacated Premises, within thirty but Fixed Rent may be increased only to the extent that the Rentable Space of the Relocated Premises is no more than 2% greater than the Rentable Space of the Vacated Premises (30) days after Tenant’s request therefor and Tenant’s submission to Landlord the "Allowable Increase"). If the Rentable Space of reasonable supporting documentation thereforthe Relocated Premises exceeds the Rentable Space of the Vacated Premises by more than the Allowable Increase, no Fixed Rent shall be payable by the Tenant for the increased area of the Relocated Premises in excess of the Allowable Increase. The parties agree that in no circumstances shall the Relocated Premises have a Rentable Space more than 10% greater or less than the Rentable Space of the Vacated Premises. D. From and after (e) The parties shall enter into such lease amending agreements as necessary to effect the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premisesforegoing.

Appears in 1 contract

Sources: Lease Amending Agreement (Symantec Corp)

Relocation. A. LandlordSubject to the terms and conditions of this Section 2.7, at any time during after the Extension Termexecution of this Lease, Landlord shall have the right one time right, but not the obligation, to relocate Tenant from the Leased Premises into any other premises of approximately the same size, quality, and layout, located on the third (for purposes 3rd) floor of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) Building (the “Relocation OptionPremises”). B. . Such Relocation Premises shall be deemed to be the Premises for all purposes hereunder and this Lease shall be deemed modified accordingly and shall remain in full force and effect as so modified; provided, however, if the Relocation Premises is larger or smaller than the Premises, then Base Rent, Tenant’s Pro Rata Share of Operating Costs, and all other sums payable hereunder that are based upon the square footage of the Premises shall be proportionately adjusted (but shall not be increased during the initial Lease Term). In the event Landlord elects to relocate Tenant, Landlord shall have provide Tenant with written notice of its election to relocate at least forty-five (45) Business Days prior to the right to exercise the Relocation Option only actual relocation date selected by giving notice thereof Landlord (the “Relocation Notice”). The date selected by Landlord for the actual relocation of Tenant (which date must be at least forty-five (45) Business Days after the date of the Relocation Notice ) is referred to as the “Selected Date”. Following Landlord’s election and written notice thereof to Tenant, Tenant shall be obligated to relocate to the Relocation Premises by no later than the Selected Date and lease such Relocation Premises from Landlord on the same terms and conditions as this Lease. Landlord shall be obligated to pay to Tenant not later than ninety (90) days before the date that the relocation becomes effective an allowance (the “Relocation DateAllowance) equal to the reasonable out-of-pocket moving expenses actually incurred by Tenant to move from the Premises to the Relocation Premises (including the physical move from the Premises to the Relocation Premises, the expenses associated with the relocation of Telecommunication Facilities and other Tenant electronic installations, and costs for stationery, business cards, invoices, brochures and the like if Tenant’s address, facsimile or telephone numbers are changed in any manner due to the relocation). A Relocation Notice ; provided that, Tenant shall submit to Landlord a detailed description of the type and estimated amount of such moving expenses prior to the move and Landlord shall have consented to such expenses, which consent shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premisesunreasonably withheld. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant be solely responsible for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating it with respect to the New Premises from relocation in excess of the Old Premises, within thirty (30) days after Relocation Allowance. The work to be performed under this Section 2.7 is subject to the union labor requirement as set forth in the Section of this Lease captioned “Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforWork Performance”. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Office Lease (Mannkind Corp)

Relocation. A. Prior to the last two years of the Renewal Term (but not during the initial Term) and only once during the Renewal Term, Landlord, at its sole expense, on at least one hundred fifty (150) days’ prior written notice to Tenant (“Relocation Notice”) may require Tenant to move from the Premises to another suite of substantially comparable size and decor in the Building or in the Project (“New Premises”) in order to permit Landlord to consolidate the Premises with other adjoining space leased or to be leased to another tenant in the Building. In the event of any time during such relocation, Landlord shall pay all the Extension Termexpenses of preparing and decorating the New Premises so that they will be substantially similar to the Premises and shall also pay the expenses of moving Tenant’s furniture and equipment to the New Premises as well as any other reasonable and necessary costs arising directly from the relocation. In the event the New Premises is larger than the Premises, the Fixed Rent payable by Tenant shall not increase, however, if the New Premises is smaller than the Premises, the Fixed Rent shall be recalculated based on the new square footage. Tenant shall execute any reasonable amendment evidencing the terms of the relocation as Landlord may require in its reasonable discretion. Landlord shall advise Tenant in the Relocation Notice of the proposed New Premises. If Tenant, in its sole discretion, does not approve of the New Premises, for any reason, then Tenant shall have the right to relocate Tenant from the Leased Premises (for purposes of terminate this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only Lease by giving sending written notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor of receipt of the Relocation Notice. Such termination shall be effective as of the date proposed by Landlord for such relocation in the Relocation Notice. In the event Landlord or an affiliate of Landlord constructs a sister building to the Building, Landlord shall use best efforts to relocate Tenant and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references affiliate ▇▇▇▇▇ & Company to the Premises herein shall mean the New Premises rather than the Old Premisessister building.

Appears in 1 contract

Sources: Assignment of Lease (RAIT Financial Trust)

Relocation. A. LandlordTenant agrees that, despite any other provision of this Lease, Landlord has the right at any time and from time to time before or during the Extension Term, shall have Term to rearrange the right Premises or to relocate Tenant from change the Leased location of the Premises (for purposes of this Section, the “Old Premises”) to other comparable space in Landlord’s downtown Kalamazoo portfolio (the Building having approximately the same Rentable Area as the Premises and having comparable Leasehold Improvements in similar condition as those contained in the Premises. Tenant agrees to surrender and vacate the Premises and move to such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant premises not later than ninety (90) 60 days before following Landlord’s Notice to Tenant requiring Tenant to relocate failing which Tenant shall be deemed to be overholding in the Premises. If Landlord exercises its right to rearrange the Premises or change its location, the appropriate modifications will be made to the Basic Information and, if appropriate, the Basic Rent will be adjusted. Landlord’s exercise of its rights under this section does not constitute a re-entry or a breach of Landlord’s covenant for quiet enjoyment contained in this Lease or implied by law. If Landlord exercises its right to rearrange the Premises or to change the location of the Premises after the date on which Landlord delivers Notice to Tenant that the relocation becomes effective (Premises are ready for installation of Leasehold Improvements, Landlord will reimburse Tenant for the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area direct costs it reasonably incurs because of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius rearrangement or relocation of the Old PremisesPremises upon Tenant providing Landlord with receipted invoices. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. addition, Landlord, at Landlord’s expensecost, shall construct will complete the installation of the Leasehold Improvements in the New Premisesrelocated premises to a comparable, not later than quality, layout and standard as the Relocation DatePremises at the time of Landlord exercising its right to relocate herein, an interior installation that is as comparable as reasonably practicable and Landlord shall coordinate Tenant’s move from the Premises to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably relocated premises with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises minimal interruption to Tenant’s business operations. In no case will Tenant be reimbursed or compensated for any indirect costs whatsoever including, without limitation, overhead, overtime charges or loss of profits and Tenant will minimize costs by re-using all fixtures, equipment and Trade Fixtures from the Premises where it is feasible to do so. Landlord shall reimburse Tenant also reserves the right to rearrange any demising walls for any reasonable moving expenses purposes of providing required fire or emergency corridors or of otherwise complying with law and for any other reasonable costs and expenses incurred by Tenant in so relocating the requirements of Authorities from time to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefortime. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Office Space Lease (Aquinox Pharmaceuticals, Inc)

Relocation. A. LandlordSRP may relocate all or any portion of the Fiber: (i) if a third party with legal authority to do so orders such relocation or exercises its power of eminent domain (e.g., through filing or threatening to file a condemnation suit), or (ii) in order to comply with applicable laws, or (iii) if SRP determines that relocation is necessary or desirable for the operation of its business. Any relocation or portion thereof made pursuant to clause (ii), which is necessary to comply with laws that were in effect at the time of Fiber Acceptance, or any time during relocation or portion thereof made pursuant to clause (iii), shall be considered a “Voluntary Relocation”. In the Extension Termcase of a Voluntary Relocation, SRP will reimburse Licensee for any reasonable direct costs incurred by Licensee as a result of the relocation, provided that, upon request by SRP, Licensee shall provide supporting documentation of such costs. SRP shall have the right to relocate Tenant from the Leased Premises (for purposes of this Sectiondirect such relocation or Voluntary Relocation, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have including, but not limited to, the right to exercise determine the Relocation Option only by giving notice thereof extent of, the timing of, and methods to be used for such relocation provided that any such relocation: (a) shall be constructed in accordance with the “Relocation Notice”specifications and requirements set forth in this Agreement; and (b) shall not unreasonably interrupt service or use of Licensee’s Fiber. SRP shall deliver to Tenant Licensee updated route and access point maps and ring diagrams with respect to a relocated portion of the Fiber not later than ninety one hundred eighty (90180) days before following the date that the relocation becomes effective (the “completion of such relocation. Voluntary Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old PremisesLicensed Fiber will be at SRP’s sole expense and SRP will give Licensee at least one hundred eighty (180) days prior written notice of any such Voluntary Relocation. For relocations other than Voluntary Relocations, SRP will give Licensee at least one hundred eighty (ii180) be similar in configuration to the Old Premises, days (or such lesser period of notice that SRP may have received) prior written notice of any such relocation and (iii) be within a 3 block radius such notice shall include an estimate of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable costs which are likely to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord be incurred in connection with Landlord’s designing and performing such relocation. Licensee will have the construction of such interior installation option, exercisable in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, writing within thirty fifteen (3015) days after Tenantreceipt of written notice of such relocation from SRP, to participate in the relocation with respect to the affected Segment. In the event that Licensee chooses not to participate in the relocation, then Licensee will be permitted (at Licensee’s cost) to connect into the remaining Segments at mutually agreeable Splice Points. If Licensee chooses to participate in the relocation, Licensee shall reimburse SRP (to the extent SRP has not been reimbursed by third Parties requiring said relocation) for a Pro Rata Share of the costs incurred by SRP for relocating the Fiber and any amounts that SRP is contractually required to pay any third party Facility Owner (provided such third party costs were identified in SRP’s cost estimate), provided that, upon request therefor and Tenant’s submission to Landlord of reasonable by Licensee, SRP shall provide supporting documentation thereforof all such costs and amounts. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Master Fiber License Agreement (Eschelon Telecom Inc)

Relocation. A. Landlord, at any time during the Extension Termits sole expense and discretion, shall have the right may require Tenant to relocate any or all of the Equipment and Connecting Equipment located on the rooftop or within the Building, provided that such relocation does not materially and adversely impair the operation of the Equipment and Connecting Equipment or materially degrade the quality of transmission of the Equipment and Connecting Equipment. In the event Landlord requires Tenant from the Leased Premises (for purposes of this Sectionto relocate Tenant’s Equipment or Connecting Equipment, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) case may be, Tenant shall within sixty (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (9060) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall either: (i) be comprised of rentable area equal terminate this License upon written notice to Landlord; or greater than the rentable area of the Old Premises, (ii) be similar in configuration commence efforts to relocate the Old PremisesEquipment or the Connecting Equipment, as the case may be, and complete their relocation with on hundred twenty (iii120) be within a 3 block radius days of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised date of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expenseoriginal notice to Tenant to relocate, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. which event Landlord shall reimburse Tenant for any reasonable moving reasonable, actual, out-of-pocket costs or expenses paid by Tenant to third parties in connection with such relocation. Landlord will permit Tenant to perform a standard cutover procedure, if required by any relocation of Equipment, which will ensure that the relocated Equipment is operational for services prior to discontinuing service from the old location. In the event all or a portion of the roof membrane must be repaired or replaced, or any other Building maintenance need arises that requires the temporary removal of the Equipment and Connecting Equipment, Tenant shall be bully responsible, at its sole cost and expense, for the removal and re-installation of all Equipment. Except in the case of emergencies, Landlord shall provide Tenant with forty-eight (48) hours notice of any planned repairs or replacements that will require the removal of Tenant’s Equipment, unless Landlord is unable to provide forty-eight (48) hours notice due to the nature of the repair or replacement, in which event Landlord shall provide as much notice as reasonably possible. Landlord shall promptly notify Tenant when the repair or replacement is complete and the re-installation of the Equipment may commence. All Equipment shall be re-installed in strict accordance with the specifications previously approved by Landlord and in effect at the time of the Equipment’s removal. Landlord shall have no liability to Tenant or any third-party for any other reasonable costs losses incurred as a result of the relocation and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforre-installation. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Build to Suit Lease (Saxon Capital Inc)

Relocation. A. LandlordThe Landlord shall have the right, at any time during the Extension Term, shall have the right to relocate the Tenant from anywhere within the Leased Premises (for purposes Building, upon giving the Tenant 30 days written notice. The relocated premises shall be of this Sectiona similar type, size and quality to the “Old existing Premises”) . The Tenant shall provide the Landlord with a written estimate of the Tenant's reasonable moving expenses, 30 days prior to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. date of relocation. The Landlord shall have the right option of: (a) reimbursing the Tenant for reasonable moving expenses within 30 days following the presentation of invoices by the Tenant; or (b) making suitable arrangements for moving the Tenant at the Landlord's expense. The Landlord shall, by written notice to exercise the Relocation Option only by giving notice thereof (Tenant, elect one of the “Relocation Notice”) two options 15 days prior to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”)of relocation. A Relocation Notice The Landlord shall not be effective unless Landlord includes therewith liable for: (a) any damage to the Tenant's property occurring as a floor plan identifying result of the New Premisesrelocation if the Tenant affects the move; and (b) any loss suffered by the Tenant as a result of business interruption of the Tenant occurring as a result of the relocation. The New Premises relocation shall be effective on the date stated in the Landlord's notice and the Tenant shall complete its move in one (i1) weekend. In the event the Landlord relocates the Tenant to such new space, this Lease and each and all of its terms, covenants and conditions shall remain in full force and effect and be comprised deemed applicable to such new space save and except: (a) the right of rentable area equal to first refusal or greater than right of first offer, if any, and (b) the rentable area location and size of the Old PremisesPremises which shall be in accordance with the appropriate floor plan. Upon the relocation taking place, (ii) the Annual Rent per square foot for the new space shall be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of same Annual Rent per square foot as for the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of this Lease will be amended accordingly. If the Old Premises Tenant refuses, fails or neglects to Landlord relocate to such new space on or before the Relocation Datedate stated in the Landlord's notice then the Tenant shall be responsible and liable for all costs, provided that expenses and damages suffered by the Landlord has theretofore delivered vacant and exclusive possession as a result of the New Premises Tenant's refusal, failure, or neglect of such relocation and in addition to Tenant. the Landlord's right of recovery against the Tenant for such costs, expenses and damages, the Landlord shall reimburse Tenant for any reasonable moving expenses have the right, at its sole option and for any other reasonable costs and expenses incurred by Tenant in so relocating discretion, to terminate this Lease upon 10 days written notice to the New Premises from Tenant, such termination right to be exercised by the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and any time after the Relocation Date, all references to date set by the Premises herein shall mean Landlord for such relocation as aforesaid The Landlord's exercise of its rights under this Article 6.8 does not constitute a re-entry or breach of the New Premises rather than the Old PremisesLandlord's covenant for quiet enjoyment.

Appears in 1 contract

Sources: Lease of Office Space (Securac Corp)

Relocation. A. LandlordRelocation of victims (generally, at any time where necessary for the safety and well-being of a victim), including, but not limited to, reasonable moving expenses, security deposits on housing, rental expenses, and utility startup costs. VOCA funds may be used in cases where victims may need assistance to remain in their current housing. “Reasonable moving expenses” may include, but are not limited to, cost to prepare personal effects and household items for transport, cost to transport personal effects and household items, cost to rent a storage unit for up to 30 days, cost of traveling to the new location using personal or public transportation, and cost of food or lodging during the Extension Termtrip to the new location. Refundable security deposits for housing and utilities: Grantees are discouraged from paying for refundable security deposits, shall but if a security deposit would be an insurmountable obstacle for a victim to access housing or secure or retain utilities, then such costs would be allowed as “ordinary and necessary…for the proper and efficient performance of the Federal award” (Uniform Guidance, §200.404). Grantees must exercise their “established practices and policies” (Uniform Guidance, §200.404) regarding the reimbursement of security deposit refunds to the VOCA program. A security deposit refund would not be considered program income. Grantees must get advance approval from CVSSD for any relocation costs involving international travel. VOCA cannot pay mortgage costs. Grantees choosing to use funds for relocation should be prepared to provide CVSSD with a clear justification for how the relocation/housing assistance is reasonably necessary as a direct result of the victimization. Relocation/housing assistance costs should not exceed two years per victim. Subgrantees may request an exception to this limit from their Fund Coordinator. Due to the potentially high cost and complicated nature of relocation/housing assistance services, any Grantee proposing to fund relocation/housing assistance for longer than 3 months for any victim, must submit a relocation/housing assistance policy to CVSSD in advance of providing such housing. If applicable, Grantees who have received approval from CVSSD to earn program income, must abide by the right to relocate Tenant from program income provisions included in the Leased Premises DOJ Grants Financial Guide (3.4 Program Income) and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for purposes of this SectionFederal Awards (Program Income, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”2 C.F.R. §200.307). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Subaward Agreement

Relocation. A. Landlord, at its expense, at any time before or during the Extension Term, shall have but no more often than one (1) time during the right to Term, may relocate Tenant from the Leased Premises to space of reasonably comparable size, finishes and utility that is no lower than the fourteenth (for purposes of this Section, the 14th) floor (Old PremisesRelocation Space”) to within the Building or other space in Landlord’s downtown Kalamazoo portfolio buildings within the same project upon ninety (such other space being referred to as the “New Premises”90) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving days’ prior written notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before Tenant. From and after the date that of the relocation becomes effective (relocation, if the Relocation Date”). A Relocation Notice Space is smaller than the original Premises, the Base Rent and Tenant’s Share shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than adjusted based on the rentable area of the Old PremisesRelocation Space; provided, (ii) be similar in configuration however, the Base Rent and Tenant’s Share shall not increase following a relocation unless Tenant has elected to the Old Premises, and (iii) be within accept a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the larger Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord Space in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenanttherewith. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other pay Tenant’s reasonable costs of relocation which amount shall include all costs for moving Tenant’s furniture, equipment, supplies and expenses incurred by other personal property. Notwithstanding the foregoing, if Landlord delivers the Relocation Notice to Tenant in so relocating to during the New Premises from final twelve (12) months of the Old PremisesTerm (as extended), within thirty ten (3010) days after Tenant’s request therefor and Tenant’s submission receipt of the Relocation Notice, Tenant may deliver a written termination notice (the “Tenant Relocation Response”) to Landlord indicating that Tenant will terminate the Lease as of reasonable supporting documentation therefor. D. From and after the relocation date set forth in the Relocation Notice (the “Relocation Termination Date”). If Landlord desires to revoke the Relocation Notice and negate the Tenant Relocation Notice, Landlord shall provide written notice to Tenant within ten (10) days after receipt of the Tenant Relocation Notice, in which case the Lease shall continue in full force and effect. If Landlord does not revoke the Relocation Notice, the Lease shall terminate as of the Relocation Termination Date, all references to as if such date were the Premises herein shall mean the New Premises rather than the Old Premisesoriginal Termination Date.

Appears in 1 contract

Sources: Office Lease Agreement (Thimble Point Acquisition Corp.)

Relocation. A. Landlord, at any its expense, shall be entitled to cause Tenant to relocate from the Premises to comparably improved space (including similarly configured computer, training and demonstration rooms) containing at least the same Rentable Area as the Premises (the "Relocation Space") within the Building one (1) time during the Extension initial Lease Term and, if Tenant exercises its Option to Extend, one (1) time during the Renewal Term, upon ninety (90) days prior written notice to Tenant, provided that the Relocation Space shall be located on or above the fourth (4th) floor of the Building. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation during the last fifteen (15) months of the Lease Term or of the Renewal Term, Tenant shall have the right to terminate this Lease by giving notice to Landlord within ten (10) days after the date of Landlord's notice of relocation to Tenant. Such termination shall be effective ninety (90) days after the date of Landlord's notice of relocation, provided that Landlord, within ten (10) days after receipt of Tenant's notice of termination, shall have the right to relocate withdraw its notice of relocation. In such event, this Lease shall continue in full force and effect as if Landlord had never provided Tenant from with notice of relocation. Landlord agrees to reimburse Tenant for all reasonable costs actually incurred in connection with the Leased Premises (for purposes of this SectionRelocation, including, but not limited to, the “Old cost of reprinting existing stationery and business cards, moving telephone and data cabling, graphics and similar Items of expense. Such a relocation shall not affect this Lease except that from and after the date of such relocation, "Premises”) " shall refer to other space in Landlord’s downtown Kalamazoo portfolio (the Relocation Space into which Tenant has been moved, rather than the original Premises as herein defined, and the Base Rental shall be adjusted so that immediately following such other space being referred to relocation the Base Rental for the Relocation Space per annum on a per square foot of Rentable Area basis shall be the same as the “New Premises”) (Base Rental per annum immediately prior to such relocation for the “Relocation Option”). B. Landlord shall have original Premises on a per square foot of Rentable Area basis, provided that the right to exercise Base Rental and Additional Base Rental for the Relocation Option only by giving notice thereof (Space shall in no event exceed the “Relocation Notice”) to Tenant not later than ninety (90) days before Base Rental and Additional Base Rental for the date that original Premises. Notwithstanding the relocation becomes effective (the “Relocation Date”). A Relocation Notice foregoing, Landlord shall not be effective unless Landlord includes therewith a floor plan identifying entitled to relocate Tenant in the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than event the rentable area Rentable Area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesbecomes 15,000 or more square feet. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Sublease Agreement (Ritz Interactive, Inc.)

Relocation. A. LandlordSubject to the provisions of this Paragraph, OUC may upon one-hundred eighty (180) calendar days prior written notice to Licensee, require at Licensee’s sole cost, the relocation of any time of Licensee's equipment installed on or in the Property, transfer of Licensee's equipment to alternate Property, or have performed any other work in connection with Licensee's equipment which may be required by OUC as a result of the operational needs or plans of OUC. OUC may, in its sole discretion, provide alternative sites for the equipment, provided that Licensee acknowledges that OUC is not required to so provide. In the event no alternative site is provided, then OUC or Licensee may terminate the individual Site License or this Agreement. Alternate Property, however, shall be subject to availability and Licensee's acceptance of any proposed alternate Property. In the event OUC is unable to provide a mutually acceptable alternate Property, no provision of this Agreement shall be construed so as to require OUC to construct new facilities in order to meet the needs of Licensee, and Licensee may terminate the applicable Site License without further liability or obligation. In the event that Licensee terminates the Agreement pursuant to the provisions of this section, Licensee shall receive a refund of any prepaid rent for the unused portion of the term upon removal of all Licensee’s equipment from the site. B. OUC shall exercise its relocation right under Paragraph A, above, by (and only by) delivering written notice (the “Notice”) to Licensee. In the Notice, OUC shall propose, if available, an alternate site to which Licensee may relocate its communications Equipment. Licensee shall have sixty (60) calendar days from the date it receives the Notice to evaluate OUC’s proposed relocation site, during the Extension Term, which period Licensee shall have the right to relocate Tenant conduct tests to determine the technological feasibility of the proposed relocation site. If Licensee fails to forward written notification of rejection of a relocation site to OUC within the sixty (60) day evaluation period, then Licensee shall be deemed to have approved such proposed relocation site. If Licensee disapproves such relocation site, then OUC may thereafter propose another relocation site by Notice to Licensee giving Licensee sixty (60) calendar days from the Leased Premises (for purposes date of this Section, the “Old Premises”) Notice to other space determine the feasibility of the proposed relocation site. Any relocation site which OUC and Licensee agree upon in Landlord’s downtown Kalamazoo portfolio (such other space being writing shall be referred to hereinafter as the “New PremisesRelocation Site) (the “Relocation Option”). B. Landlord . Licensee shall have a period of One Hundred Eighty (180) calendar days after execution of a written agreement between the right to exercise Parties concerning the location and dimensions of the Relocation Option only by giving notice thereof (the “Relocation Notice”) Site to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration relocate its Equipment to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, Relocation Site at LandlordLicensee’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant In the event of relocation, removal or alteration of facilities which is required by a governmental agency with proper authority to require the relocation, removal, or alteration of OUC Facilities, OUC shall cooperate notify Licensee as soon as reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession possible of the Old Premises to Landlord on requirement and schedule. Licensee shall be responsible for its pro-rata share of costs associated with such relocation, removal or before alteration of Licensee’s Equipment; however, any costs resulting from the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession accommodation of the New Premises to Tenantthird parties shall be borne by such third parties. Landlord Licensee shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, OUC within thirty (30) calendar days after Tenantof receipt of OUC’s request therefor invoice for OUC’s cost and Tenantexpenses incurred in connection with any relocation work that relates solely to Licensee’s submission Equipment. When costs are reimbursed by a governmental agency or third party whose requirements necessitate such relocation work, Licensee shall receive a credit to Landlord the extent of reasonable supporting documentation thereforany reimbursement actually received by OUC for the relocation of the Licensee’s Equipment. If the relocation materially changes the character of the Property licensed to Licensee, the annual fee for the Site License shall be increased or decreased upon mutual agreement of the parties to reflect the actual Property then being used by Licensee. In the event OUC is unable to provide a mutually acceptable alternate Property as a result of this relocation, no provision of this Agreement shall be construed so as to require OUC to construct new facilities in order to meet the needs of Licensee, and Licensee may terminate the applicable Site License without further liability or obligation. In the event that Licensee terminates the Agreement pursuant to the provisions of this section, Licensee shall receive a refund of any prepaid rent as of the date of removal of all Licensee’s equipment from the site. D. From and In cases of repairs or relocations necessitated by emergency, OUC may relocate or make such repairs as may be required for safety to Licensee's Equipment without prior notice; provided, however, OUC shall notify Licensee, at a number provided to OUC as soon as practicable, but in no event shall said notice be given later than three (3) hours after the emergency is discovered by OUC, that the emergency exists and that emergency work is being or will be performed. E. Upon relocation of the Equipment of Licensee, or any part thereof, to the Relocation DateSite, all references to the Premises herein site in the agreement shall mean be deemed to be references to the New Premises rather than Relocation Site. OUC and Licensee hereby agree that the Old PremisesRelocation Site (including the access and utility right of way) must be surveyed by a licensed surveyor at the sole cost of Licensee, and such survey may become a part hereof and control or describe the Relocation Site. Except as expressly provided herein, OUC and Licensee hereby agree that in no event shall the relocation of the Equipment of Licensee affect, alter, modify or otherwise change any of the terms and conditions of this Agreement or the affected Site License. F. In the event of an emergency related to Licensee’s Equipment, OUC shall make all reasonable efforts to dispatch its personnel within two (2) hours of notice by Licensee; provided, Licensee shall notify OUC, to allow Licensee to gain access into OUC’s Property to correct any failure, interruption or impairment in the operation of Licensee's Equipment.

Appears in 1 contract

Sources: Master Option and Non Exclusive License Agreement

Relocation. A. Landlord, at any time If CONSULTANT elects during the Extension Term, shall have the right Term to relocate Tenant from any portion of the Leased Premises (System, including facilities used or required to provide the Institutional Network, CONSULTANT shall pay all costs associated with the relocation, except in situations where the relocation is accompanied by additions or other work to benefit CITY and for purposes which CITY agrees in writing to pay. If, under this Agreement, CITY requests during the Term that CONSULTANT relocate any portion of the System, including facilities used or required to provide the Institutional Network, and CONSULTANT is willing to accommodate CITY, CITY shall pay costs associated with the relocation; provided, however, if any part of the relocation arises out of or is related to changes in the Services attributable to CONSULTANT’s act or omissions in breach of this SectionAgreement, each party shall pay its pro-rated portion of the “Old Premises”costs of relocation; and further provided that in no event shall CITY pay or bear any costs if all or any portion of a relocation arises out of or is related to CITY exercising its police powers or other rights under applicable law, including the Walnut Creek Municipal Code, with respect to CITY’s right-of-way. If CONSULTANT is required, by a municipality (including CITY exercising its police powers or other rights under applicable law, including the Walnut Creek Municipal Code, with respect to right-of-way) or other third party having or asserting legal authority, to other space relocate any portion of the Institutional Network, CONSULTANT shall bear all costs arising out of or associated with such relocation. CONSULTANT, in Landlord’s downtown Kalamazoo portfolio its reasonable discretion after consultation with and approval by the CITY (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice which approval shall not be effective unless Landlord includes therewith a floor plan identifying unreasonably withheld, conditioned, or delayed), shall determine the New Premisesextent and timing of, and methods to be used for, relocation, which shall be performed in accordance with the construction and test specifications as more particularly described below. The New Premises CONSULTANT shall (i) be comprised use commercially reasonable efforts to minimize the disruption of rentable area equal to or greater than the rentable area CITY’s use of the Old PremisesInstitutional Network. This provision is not intended to and shall not preempt, (ii) be similar in configuration to control over, or supersede the Old Premises, rights and (iii) be within a 3 block radius obligations under law of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised CITY of a rentable area greater than the rentable area Walnut Creek as to management and control of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisespublic right-of-way. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Professional Services

Relocation. A. LandlordRecognizing that the Building is large and the needs of tenants as to space may vary from time to time, and in order for Landlord to accommodate Tenant and prospective tenants, Landlord expressly reserves the right, prior to and/or during the Lease Term, at Landlord's sole expense, to move Tenant from the Premises and relocate Tenant in other space of Landlord's choosing of approximately the same dimensions and size within the Building, which other space will be decorated by Landlord at its expense. Landlord shall, in exercising its right to relocate the Tenant, make said decision in full consideration and deference to the nature of Tenant's business which business operates on a twenty-four (24) hour basis, seven (7) days per week. Landlord may use decorations and materials from the existing Premises, or other materials, so that the space in which Tenant is relocated will be comparable in its interior design and decoration to the space from which Tenant is removed. During the relocation period Landlord will use reasonable efforts not to unduly interfere with Tenant's business activities and Landlord agrees to substantially complete the relocation within a reasonable time under all then existing circumstances. This Lease and each of its terms and conditions will remain in full force and effect and be applicable to any time during such new space and such new space will be deemed to be the Extension Premises demised hereunder; upon request Tenant will execute such documents which may be requested to evidence, acknowledge and confirm the relocation (but it will be effective even in the absence of such confirmation). Landlord's obligation for expenses of removal and relocation will be the actual cost of relocating and decorating Tenant's new space, and Tenant agrees that Landlord's exercise of its election to remove and relocate Tenant will not release Tenant in whole or in part from its obligations hereunder for the full Lease Term. No rights granted in this Lease to Tenant, including the right of peaceful possession and quiet enjoyment, will be deemed breached or interfered with by reason of Landlord's exercise of the relocation right reserved herein. Provided that Landlord complies with its obligation under this Section 44, Tenant acknowledges and agrees that Tenant's relocation shall have not release Tenant, in whole or in part, from its obligations hereunder for the full Lease Term. Provided that Landlord complies with its obligations under this Section 44, no rights granted in this Lease to Tenant, including the right of peaceful possession and quiet enjoyment, will be deemed breached or interfered with by reason of Landlord's exercise of the right to relocate Tenant from the Leased Premises as herein reserved. If Landlord exercises its relocation right under this paragraph, (for purposes of this Section, the “Old Premises”i) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than will be given ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, prior notice in writing and (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall will reimburse Tenant for any the reasonable moving expenses and for any other reasonable costs and expenses incurred cost of telephone relocation necessitated by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord exercise of reasonable supporting documentation thereforsaid right of relocation. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Lease Agreement (Igames Entertainment Inc)

Relocation. A. LandlordLandlord may, at upon 90 days notice to Tenant, relocate the Premises to any time during other premises within the Extension Term, shall have the right to relocate Tenant from the Leased Premises Property (for purposes of this Section, the Old Relocated Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the on a date that the of relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises) specified therein. The New Relocated Premises shall in all respects be substantially die same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the expense of Landlord, including the physical move, relocating Tenant’s existing telephone equipment and other costs set Forth below. All moving costs (i) be comprised including the cost to relocate phones, computers and other systems of rentable area equal to or greater than similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant’s address at the rentable area of the Old Premises, (ii) be similar in configuration Premises if such address changes due to the Old Premises, and relocation (iii) be within a 3 block radius of but only the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable quantity existing immediately prior to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing relocation) and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any all other reasonable out-of-pocket costs and expenses directly incurred by Tenant in so relocating connection with relocation to the New Premises from the Old Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall have the option, effective as of the Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within 10 Business Days following receipt of Landlord’s relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s request therefor and Tenant’s submission election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord of reasonable supporting documentation therefor. D. From and shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period prior to or after the Relocation Date, all references in which event the date of tender of possession of the Relocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, the aggregate Base Rent for the Relocated Premises shall be the same as for the original Premises. Tenant’s failure to vacate the Premises herein and move into the Relocated Premises on the Relocation Date shall mean the New Premises rather than the Old Premisesconstitute a Time Sensitive Default.

Appears in 1 contract

Sources: Office Lease (FusionStorm Global, Inc.)

Relocation. A. LandlordUtility Installations shall be located to minimize need for later adjustment to accommodate future roadway improvement and to permit access to servicing such installations with minimum interference to roadway traffic. If the County causes any County road or right-of-way to be constructed, improved, relocated, realigned, or otherwise changed within the Franchise Area; including traffic controls, drainage, and illumination; or if any part of such road or right-of-way becomes a state highway and relocation or readjustment is directed by the State Director of Transportation so as to reasonably necessitate relocation of any Facility of the Grantee on such road or right-of-way within the Franchise Area (in any case for purposes other than those described in Section 8(C), below), the County will: (a) provide Grantee, within a reasonable time prior to the commencement of the road or right-of-way project, written notice requesting the relocation; and (b) provide Grantee with reasonable plans, timetables and specifications for such road or right-of-way project. After receipt of such notice and such plans, timetables and specifications, Grantee shall relocate such Facilities within the Franchise Area at no charge to the County. If the County requires the subsequent relocation of any time during Facilities within five (5) years from the Extension Termdate of relocation of such Facilities pursuant to this Section or within five (5) years after the original installation of the Facilities, the County shall bear the entire cost of such subsequent relocation. The County will also provide Grantee a copy of its six year road transportation improvement program. B. The County Engineer shall have the final approval of the relocation schedule. Grantee shall be responsible for timely compliance with Facility relocation and coordinate with the County or the County’s contractor. The construction, operations, maintenance, and repair of Grantee’s Facilities authorized by this Franchise shall not preclude Garfield County, its agents, or its contractors from blasting, grading, excavating, or doing necessary road work contiguous to the said Facilities of the Grantee, provided that the Grantee shall be given forty-eight (48) hours notice of said blasting or other work, and provided further that the foregoing shall be subject to all other provisions of this Franchise and shall not substantially or unreasonably impair the rights granted to Grantee under this Franchise. C. Whenever (a) any public or private development within the Franchise Area, other than a public right of way improvement of the type described in Section 8(A), above, requires the relocation of Grantee's Facilities within the Franchise Area to accommodate such development; or (b) the County requires the relocation of Grantee's Facilities within the Franchise Area for the benefit of any person or entity other than the County, then in such event, Grantee shall have the right as a condition of such relocation, to relocate Tenant from the Leased Premises (for purposes of this Sectionrequire such developer, the “Old Premises”) person or entity to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred make payment to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. LandlordGrantee, at Landlord’s expensea time and upon terms acceptable to Grantee, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable all costs and expenses incurred by Tenant Grantee in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord relocation of reasonable supporting documentation thereforGrantee's Facilities. D. From and after Any condition or requirement imposed by the Relocation DateCounty upon any person or entity, all references other than Grantee, that requires the relocation of Grantee's Facilities shall be a required relocation for purposes of Section 8(C), above (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development). E. Nothing in this Section 8 shall require Grantee to bear any cost or expense in connection with the Premises herein shall mean the New Premises rather than the Old Premiseslocation or relocation of any Facilities then existing pursuant to easement or such other rights not derived from this Franchise.

Appears in 1 contract

Sources: Franchise Agreement

Relocation. A. At Landlord's sole cost and expense, at any time before or during the Extension Term, shall have if Landlord reasonably determines it is necessary for the right to health and safety of Tenant or of other tenants in the Building, Landlord may relocate Tenant from the Leased Premises to space of reasonably comparable size and utility (for purposes of this Section, "RELOCATION SPACE") within the “Old Premises”) Building or adjacent buildings within the same project upon 60 days' prior written notice to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to Tenant. The Relocation Space must contain similar finishes as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius approximately the same Rentable Square Footage as the Premises and the same number of work stations, offices, breakrooms and reception areas as are contained in the Premises as of the Old Premisesdate Tenant receives Landlord's notice of relocation. In no event From and after the date of the relocation, the Base Rent and Tenant's Pro Rata Share shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than be adjusted based on the rentable area square footage of the Old PremisesRelocation Space. Landlord shall pay Tenant's reasonable costs of relocation, including all costs for moving Tenant's furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant's customers and one month's supply of stationery showing the new address, and prior to such relocation, Landlord, at Landlord’s expense's cost, shall construct in the New Premises, not later than improve the Relocation DateSpace to incorporate improvements and finishes similar to those incorporated within the Premises (the commercial availability of like or similar materials shall be taken into account in such case, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided so that Landlord has theretofore delivered vacant and exclusive possession of will not be required to duplicate materials or finishes which are no longer readily available on the New Premises market, but may instead, with Tenant's consent [not to Tenantbe unreasonably withheld, conditioned or delayed], substitute reasonable replacement materials or finishes). Landlord shall also reimburse Tenant for any the reasonable moving expenses cost to install and for any other reasonable costs connect telecommunication and expenses incurred by Tenant data cabling in so relocating the Relocation Space in the manner and to the New extent such cabling existed in the Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references prior to the Premises herein shall mean the New Premises rather than the Old Premisesrelocation.

Appears in 1 contract

Sources: Office Lease Agreement (Pixelworks Inc)

Relocation. A. Landlord may, upon 90 days notice to Tenant, relocate the Premises to any other premises within the Property ("Relocated Premises") on a date of relocation (the "Relocation Date") specified therein. The Relocated Premises shall in all respects be substantially the same or better, as reasonably determined by Landlord, in area, finish, and appropriateness for the Permitted Use. In such event all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at any time during the Extension Termexpense of Landlord, shall have including the right physical move, relocating Tenant's existing telephone equipment and other costs set forth below. All moving costs (including the cost to relocate Tenant from phones, computers and other systems of similar nature), all costs of reprinting stationery, cards and other printed material bearing Tenant's address at the Leased Premises (for purposes of this Section, the “Old Premises”) if such address changes due to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (but only the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration quantity existing immediately prior to the Old Premises, relocation) and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any all other reasonable out-of-pocket costs and expenses directly incurred by Tenant in so relocating connection with relocation to the New Premises from the Old Relocated Premises, including reasonable decorating and design costs, shall be paid by Landlord within thirty (30) days after receipt of third-party invoices therefor. Tenant shall have the option, effective as of the Relocation Date, either to enter into an appropriate lease amendment relocating the Premises, or to terminate this Lease, which option shall be exercised within 10 Business Days following receipt of Landlord's relocation notice. Failure of Tenant to choose either option within such period shall constitute Tenant’s request therefor and Tenant’s submission 's election to relocate. If Tenant elects (or is deemed to have elected) to relocate, Landlord of reasonable supporting documentation therefor. D. From and shall have the option to tender the Relocated Premises to Tenant on any date within a 30 day period after the Relocation Date, all references in which event the date of tender of possession of the Relocated Premises shall become the Relocation Date. From the Relocation Date through the Expiration Date, the aggregate Base Rent for the Relocated Premises shall be the same as for the original Premises. Tenant's failure to vacate the Premises herein and move into the Relocated Premises on the Relocation Date shall mean the New Premises rather than the Old Premisesconstitute a Time Sensitive Default.

Appears in 1 contract

Sources: Office Lease (Hallmark Financial Services Inc)

Relocation. A. Landlord[ ] of Cartus has been working with the ART Group (“ART”) and Fragomen, at any time during the Extension TermDel Rey, shall have the right to relocate Tenant from the Leased Premises ▇▇▇▇▇▇▇ & ▇▇▇▇▇, LLP (for purposes of this Section, the Old PremisesFragomen”) to other space arrange all aspects of your international relocation. To the extent that your relocation is not already completed, [ ], together with ART and Fragomen will continue to assist you with various details and arrangements, including: passport, visa, and local work permit requirements; housing requirements; transportation to your new location; and shipment of household goods and personal effects. ▇▇▇ ▇▇▇▇▇▇▇ November 19, 2007 Cisco has provided relocation assistance to India for you, your spouse and your children, and covered many of the expenses associated with the move. Cisco will continue to provide relocation assistance to India for you, your spouse and your two sons, and cover the following expenses: • You and your family will receive a host country cultural orientation and language training to assist with your move. On-Going Allowances and Reimbursements Cisco has adopted a “Balance Sheet Approach” in Landlord’s downtown Kalamazoo portfolio compensating employees on international assignments, to ensure that assignees can maintain purchasing power similar to that which they would have enjoyed in their home country, assuming the same salary, grade level and family size. Therefore, during your international assignment, you will be entitled to the following allowances or reimbursements to cover additional costs incurred as a result of your international assignment. In addition, any amount of allowance/reimbursement that is not used by you in any given month shall be carried over to the next month(s) and made available to you (such other space being referred in addition to the maximum allowance specified) in the subsequent month(s). Notwithstanding the foregoing, with respect to any allowance/reimbursement that would otherwise be treated as a deferred compensation arrangement under Section 409A of the Internal Revenue Code of 1986, as amended (New PremisesSection 409A”) if the amount were carried over into a subsequent taxable year, any portion of such allowance/reimbursement that is unused as of each December 31 (including amounts carried over from a prior month in the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”same calendar year) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying carried-over into the New Premisesnext calendar year and made available to you. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area Cisco will reimburse you for business expenses in accordance with Cisco’s applicable reimbursement policies; however, if you incur any business related travel expenses that are not reimbursed by Cisco under such policies, any of the Old Premises, (ii) allowances below may be similar in configuration used to the Old Premises, and (iii) be within a 3 block radius of the Old Premisescover such expenses. In no event shall Housing Assistance: Cisco will reimburse the monthly rental amount increase if payments on the New Premises residence that will be leased on your behalf in India. You understand and agree that your host country residence will be used not only as your personal residence, but for business purposes as well, including as a forum to showcase and test Cisco’s technology. The annual cost for this lease is comprised not to exceed INR 24,632,200 (USD 556,932 as of January 3, 2007) with scheduled annual inflation increases pursuant to the signed lease contract. In order to maintain the property, Cisco has contracted with Epitome services for house maintenance to be paid on your behalf by Cisco. The annual cost of this benefit is not to exceed INR 2,600,000 (USD 58,786 as of January 3, 2007). Cisco will also reimburse you for the cost of domestic household assistance. The annual cost of this benefit is not to exceed INR 710,000 (USD 16,053 as of January 3, 2007). ▇▇▇ ▇▇▇▇▇▇▇ November 19, 2007 For your security and the security of Cisco’s property, Cisco has contracted with a rentable area greater than the rentable area security firm for these services to be paid on your behalf. The annual cost of the Old Premisesthis benefit is not to exceed INR 1,212,000 (USD 27,403 as of January 3, 2007). Landlord, at Landlord’s expense, shall construct Cisco will continue to provide housing assistance in the New Premises, not later than the Relocation Date, an interior installation that is United States as comparable as reasonably practicable it will be necessary for you to return to the interior installation that then exists United States for business purposes. This housing assistance will be paid from the Netherlands payroll in the Old Premises. C. Tenant shall cooperate reasonably monthly amount not to exceed EUR 10,835 (USD 14,845 as of August 1, 2007). Cisco will continue to assist with Landlord in connection with Landlord’s designing and performing the construction costs of such interior installation utilities in the New PremisesUnited States at a cost not to exceed USD 300 per month. Tenant shall vacate Property Management: If you elect not to sell or rent your home country residence, Cisco will reimburse you for the Old Premises and surrender vacant and exclusive possession costs for property management of that residence in accordance with the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforInternational Assignment Policy. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: International Assignment Agreement

Relocation. A. Landlord, at any time during the Extension Term, City shall have the right to relocate Tenant COTC, from time to time, to another part of the Leased Building in which the Premises are located in accordance with the following: (for purposes of A) The new Premises shall be substantially the same in size, dimensions, configuration, decor and nature as are the Premises described in this Section, the “Old Premises”) to other space Use Agreement and shall be placed in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”)that condition by City at its cost. B. Landlord (B) The physical relocation of COTC shall be accomplished by City at its cost. (C) City shall give COTC at least thirty (30) days written notice of City's intention to relocate COTC to a specified location in the Building. After receipt of such notice, COTC shall have the right to exercise the Relocation Option only by giving notice thereof thirty (the “Relocation Notice”) to Tenant not later than ninety (9030) days before to notify City in writing if it objects to such relocation and of COTC’s intent to terminate this Use Agreement without penalty and vacate the Premises by a date set forth in such notice which is not more than six (6) months after the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premisesnotice. Tenant City shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within have thirty (30) days after Tenant’s request therefor and Tenant’s submission receipt of such notice from COTC to Landlord of reasonable supporting documentation thereforrescind its notice to relocate COTC by written notice to COTC. D. From (D) The relocation of COTC shall take place on a weekend and after shall be completely accomplished before the Relocation DateMonday following the weekend in which the relocation takes place. If the relocation has not been completed in that time, all references Base Periodic Use Compensation shall fully ▇▇▇▇▇ from the time the relocation commences to the time it is completed. (E) All reasonable costs incurred by COTC as a result of the relocation, including, without limitation, costs incurred in changing addresses on stationery, business cards, directories, advertising and other reasonable items, shall be paid by City. (F) If the relocated Premises herein shall mean the New Premises rather are smaller than the Old PremisesPremises as it existed before the relocation, Annual Base Periodic Use Compensation and COTC's proportionate share of Operating Expenses shall be reduced accordingly. (G) The parties hereto shall immediately execute an Amendment to this Use Agreement evidencing COTC's relocation and the reduction of Periodic Use Compensation, if any.

Appears in 1 contract

Sources: Use Agreement

Relocation. A. If Landlord shall reasonably determine that it is necessary due to structural or environmental issues at the building, Landlord, at its expense, at any time before or during the Extension Term, may relocate Tenant from the Premises to space of reasonably comparable size and utility (including the ratio of private offices and conference rooms, finish levels, wear and tear, similar IT network technology and telecommunications, etc.) (“Relocation Space”) within the Building or adjacent buildings within the same project upon 60 days’ prior written notice to Tenant. From and after the date of the relocation, the Base Rent and Tenant’s Pro Rata Share shall be adjusted based on the rentable square footage of the Relocation Space, provided that the total monthly Base Rent for the Relocation Space shall in no event exceed the total monthly Base Rent for the premises prior to the relocation. Landlord shall pay Tenant’s March 9, 2004 Matter ID Number: 11424 10 reasonable costs of relocation, including all costs for moving Tenant’s furniture, equipment, supplies and other personal property, as well as the cost of printing and distributing change of address notices to Tenant’s customers and one month’s supply of stationery showing the new address. Landlord shall also reimburse Tenant for the reasonable cost to install and connect telecommunication and data cabling in the Relocation Space in the manner and to the extent such cabling existed in the Premises prior to the relocation and shall, in addition, pay Tenant a relocation fee equal to 10% of all costs reimbursed to Tenant by Landlord under this Section 21. Notwithstanding the foregoing, if Landlord provides Tenant with a notice of relocation and Tenant, in its reasonable judgment, determines that the Relocation Space is not comparable to the Premises, Tenant shall have the right to terminate this Lease by giving written notice of termination to Landlord within 10 days after the date of Landlord’s notice of relocation to Tenant. Tenant’s notice of termination shall set forth the reasons why Tenant believes the Relocation Space is not comparable to the Premises. Such termination shall be effective 60 days after the date of Landlord’s notice of relocation, provided that Landlord, within 10 days after receipt of Tenant’s notice of termination, shall have the right to relocate Tenant from the Leased Premises (for purposes withdraw its notice of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premisesrelocation. In no event such event, this Lease shall the monthly rental amount increase continue in full force and effect as if the New Premises is comprised Landlord had never provided Tenant with a notice of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premisesrelocation. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Office Lease Agreement (Captiva Software Corp)

Relocation. A. Landlord, at any time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. The Landlord shall have the right right, in its sole discretion, from time to exercise time, on not less than 60 days’ written notice to the Relocation Option only by giving notice thereof (Tenant, to relocate the “Relocation Notice”) Premises to Tenant not later than ninety (90) days before other premises within the date that Project having approximately the relocation becomes effective (same area as the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises Landlord shall (i) be comprised of rentable area equal entitled to or greater than designate the rentable area location of the Old Premises, (ii) be similar in configuration new premises and the date by which the Tenant must relocate to the Old new premises, and such location and date shall be specified in the written notice. As of the date so specified, the Tenant’s right to use and occupy the Premises will terminate, whether or not the Tenant has moved, unless the Landlord has in its sole discretion by another notice in writing extended such date. The Tenant shall on the date set out in the notice from the Landlord relocate to the other premises and vacate the Premises, and (iii) be within a 3 block radius the provisions of Section 9.3 shall apply in respect of the Old PremisesPremises on such date. If the Landlord relocates the Premises prior to occupancy of the Premises by the Tenant, it shall reimburse the Tenant for all expenses already incurred by the Tenant in preparing to move into the Premises to the extent that such expenditure is for items or materials not usable in the alternate premises. If the Landlord relocates the Tenant after occupancy of the Premises by the Tenant, the Landlord shall provide the relocated premises improved to a standard and using materials of approximately the same quality as the Leasehold Improvements which exist in the existing Premises at the time of relocation and will reimburse the Tenant (upon receipt of copies of receipted third party invoices) for direct costs associated with the relocation, including, without limitation, moving costs, reprinting of a limited supply of stationery and supplies and disconnection and reconnection of telephone and computer equipment and systems. In no event case will the Tenant be reimbursed or compensated for indirect costs including overhead, overtime charges or loss of profits and the Tenant will minimize costs by re-using all fixtures and trade fixtures from the Premises where it is feasible to do so. The Landlord agrees to use reasonable efforts to effect the relocation with a minimum of disruption to the Tenant’s business. The Landlord and the Tenant shall enter into a lease amending agreement in the monthly rental amount increase Landlord's standard form to confirm the terms of the relocation including, without limitation, any adjustment to the Basic Rent if the New Premises Rentable Area of the relocated premises is comprised of a rentable area greater different than the rentable area Rentable Area of the Old Premises. Landlord, at Landlord’s expense, existing Premises and to confirm that all other terms and conditions of this Lease shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable apply with respect to the interior installation that then exists in relocated premises for the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession remainder of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforTerm. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Lease Agreement (Argentex Mining Corp)

Relocation. A. LandlordOn or after the seventh (7th) anniversary of the Commercial Operation Date, District may, at any time during its option, require that the Extension TermSystem be permanently relocated, shall have either on the right existing Site or to relocate Tenant from another site of District’s choosing, at a location with at least equal insolation to the Leased Premises (for purposes of this Section, the “Old Premises”) existing Site and reasonably acceptable to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) both Parties (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation DateSite”). A District shall give Provider at least sixty (60) calendar Days’ notice of District’s need to move or relocate the System. Following agreement on a Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying Site, the New Premises. The New Premises shall (i) be comprised of rentable area equal Parties will amend this Agreement to or greater than memorialize the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct required changes in the New Premises, not later than definition of “Site.” District shall pay the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord reasonable costs arising in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession relocation of the Old Premises to Landlord on or before the Relocation DateSystem, including removal costs, necessary storage costs, re-installation, re-commissioning costs, and any applicable interconnection fees, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to TenantProvider provides District with information detailed herein below in a timely manner. Landlord District shall reimburse Tenant additionally compensate Provider for any reasonable moving expenses revenue during the period in which energy cannot be generated and for any other reasonable costs and expenses incurred by Tenant in so relocating delivered to the New Premises District from the Old PremisesSystem being relocated, within at District Suspension Rate, as defined below, prorated as needed to apply on a daily basis. District shall also execute such consents or releases reasonably required by Provider or Provider’s financing Parties in connection with the relocation. Within thirty (30) days after Tenant’s request therefor Days of agreement on a Relocation Site, Provider will provide District with a calculation of the estimated time required for such relocation, and Tenant’s submission the total anticipated amount of lost revenues and additional costs to Landlord be incurred by Provider as a result of reasonable supporting documentation therefor. D. From such relocation. District will have twenty (20) Days to review the calculation and after the Relocation Datemake, all references in writing, any objections to the Premises herein calculation. Provider shall mean make all commercially reasonable efforts to achieve the New Premises rather than relocation of the Old PremisesSystem in the estimated time and for the estimated cost provided to District. All additional time and / or costs shall require advance written approval of District. If an acceptable Relocation Site cannot be located, this Agreement shall terminate with respect to the Site, upon Provider’s thirty (30) Days’ written notice. In the event that an acceptable Relocation Site cannot be agreed upon, District shall pay Provider an amount equal to the Termination Value. In the event of a termination occurring under this Section, Provider shall remove the System and restore the Site in accordance with Section 3, at no additional cost to District.

Appears in 1 contract

Sources: Power Purchase Agreement

Relocation. A. LandlordUtility Installations shall be located to minimize need for later adjustment to accommodate future roadway improvement and to permit access to servicing such installations with minimum interference to roadway traffic. If the County causes any County road or right-of-way to be constructed, improved, relocated, realigned, or otherwise changed within the Franchise Area; including traffic controls, drainage, and illumination; or if any part of such road or right-of-way becomes a state highway and relocation or readjustment is directed by the State Director of Transportation so as to reasonably necessitate relocation of any Facility of the Grantee on such road or right-of-way within the Franchise Area (in any case for purposes other than those described in Section 8(C), below), the County will: (a) provide Grantee, within a reasonable time prior to the commencement of the road or right-of-way project, written notice requesting the relocation; and (b) provide Grantee with reasonable plans, timetables and specifications for such road or right-of-way project. After receipt of such notice and such plans, timetables and specifications, Grantee shall relocate such Facilities within the Franchise Area at no charge to the County. If the County requires the subsequent relocation of any time during Facilities within five (5) years from the Extension Termdate of relocation of such Facilities pursuant to this Section or within five (5) years after the original installation of the Facilities, the County shall bear the entire cost of such subsequent relocation. The County will also provide Grantee a copy of its six year road transportation improvement program. The County Engineer shall have the final approval of the relocation schedule. Grantee shall be responsible for timely compliance with Facility relocation and coordinate with the County or the County’s contractor. The construction, operations, maintenance, and repair of Grantee’s Facilities authorized by this Franchise shall not preclude Garfield County, its agents, or its contractors from blasting, grading, excavating, or doing necessary road work contiguous to the said Facilities of the Grantee, provided that the Grantee shall be given forty-eight (48) hours notice of said blasting or other work, and provided further that the foregoing shall be subject to all other provisions of this Franchise and shall not substantially or unreasonably impair the rights granted to Grantee under this Franchise. Whenever (a) any public or private development within the Franchise Area, other than a public right of way improvement of the type described in Section 8(A), above, requires the relocation of Grantee's Facilities within the Franchise Area to accommodate such development; or (b) the County requires the relocation of Grantee's Facilities within the Franchise Area for the benefit of any person or entity other than the County, then in such event, Grantee shall have the right as a condition of such relocation, to relocate Tenant from the Leased Premises (for purposes of this Sectionrequire such developer, the “Old Premises”) person or entity to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred make payment to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. LandlordGrantee, at Landlord’s expensea time and upon terms acceptable to Grantee, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable all costs and expenses incurred by Tenant Grantee in so relocating the relocation of Grantee's Facilities. Any condition or requirement imposed by the County upon any person or entity, other than Grantee, that requires the relocation of Grantee's Facilities shall be a required relocation for purposes of Section 8(C), above (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development). Nothing in this Section 8 shall require Grantee to bear any cost or expense in connection with the New Premises location or relocation of any Facilities then existing pursuant to easement or such other rights not derived from the Old Premises, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation thereforthis Franchise. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Franchise Agreement

Relocation. A. Landlord, at any time during the Extension Term, shall have Lease is hereby deleted in its entirety and the right to relocate Tenant from the Leased Premises (for purposes of this Section, the “Old Premises”) to other space following paragraph is inserted in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. lieu thereof: Landlord shall have the right and option, upon sixty (60) days notice to exercise Tenant, to require Tenant to relocate the Relocation Option only by giving notice thereof Premises to any other premises within the Building or to other buildings in the Loop Central project (the “Relocation Notice”"RELOCATED PREMISES") to Tenant not later than ninety (90) days before the on a date that the of relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i"RELOCATION DATE") be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premisesspecified therein. In no event such event, all reasonable expenses of moving Tenant and decorating the Relocated Premises with substantially the same leasehold improvements shall be at the monthly rental amount increase if the New Premises is comprised expense of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expenseincluding the physical move, shall construct in the New Premisescomputer network relocation and installation, not later than the Relocation Datetelephone installation, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other reasonable stationery costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within other related items. Within thirty (30) days after Tenant’s request therefor and Tenant’s submission following receipt of Landlord's relocation notice, Tenant shall have the option to either (i) enter into a new lease (the "NEW LEASE") with Landlord for a new five (5) year term commencing on the Relocation Date; or (ii) terminate this Lease on the Relocation Date. Failure of reasonable supporting documentation therefor. D. From and Tenant to choose either option shall cause this Lease to terminate, effective on the Relocation Date. Notwithstanding the foregoing, if Tenant elects to enter into a New Lease, Landlord shall have the option to tender the Relocated Premises to Tenant on any date within a thirty (30) day period prior to or after the Relocation Date, all references in which event the term of the New Lease shall commence on the date of tender of possession of the Relocated Premises. For the portion of the term of the New Lease between the Relocation Date and the expiration of the Term of this Lease (as extended herein), Monthly Base Rent for the Relocated Premises shall be calculated as follows: (i) for up to the then-current Rentable Area of Premises, at the rate in effect under this Lease as of the Relocation Date; and (ii) for any portion of the Relocated Premises herein shall mean in excess of the Rentable Area of Premises, at the prevailing Building rental rate then in effect. For the remainder of the term of the New Lease, Monthly Base Rent for the entire Relocated Premises rather than shall be calculated at the Old Premisesprevailing Building rental rate then in effect.

Appears in 1 contract

Sources: Lease Agreement (2 Infinity Inc)

Relocation. A. Landlord, at its sole expense, at any time before or during the Extension Term, shall have the right to may relocate Tenant from the Leased Premises to space of reasonably comparable size, window lines, utility and improvements (for purposes of this Section, the Old PremisesRelocation Space”) to other space within the Building or a comparable building in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (business park of which the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than Building is a part upon ninety (90) days before prior notice to Tenant. From and after the date that of the relocation becomes effective (relocation, the “Relocation Date”). A Relocation Notice shall not Fixed Basic Rent and Tenant’s Percentage will be effective unless Landlord includes therewith a floor plan identifying adjusted based upon the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the gross rentable area of the Old Premises, (ii) be similar Relocation Space; but in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall will the monthly rental amount Fixed Basic Rent or Tenant’s Percentage increase if the New Premises is comprised of as a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction result of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenantrelocation. Landlord shall reimburse will pay Tenant for any the actual, reasonable out of pocket moving expenses and for any other reasonable costs and expenses incurred by Tenant in so relocating to the New Premises from the Old Premises, within thirty (30) days after connection with such relocation. Landlord will have no liability for any interference with Tenant’s request therefor business resulting from such relocation. Landlord shall bear and pay for the cost and expense of any such relocation including, but not limited to, the moving of any furniture and equipment and the reprinting of existing stationery. In connection with any such relocation, the Landlord shall, at its own cost and expense, furnish and install in (or, if practicable, relocate to) the Relocation Space all walls, partitions, floors, floor coverings, ceilings, fixtures, wiring and plumbing, if any, together with Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From trade fixtures, equipment, furniture, furnishings and after other personal property required for the Relocation DateTenant's proper use and occupancy thereof, all references of which items shall be comparable in quality to those situated in the Premises herein Premises. The Landlord shall mean the New Premises rather than the Old Premises.make reasonable efforts to minimize such interference and, if requested by Tenant, shall relocate Tenant during Saturdays, Sundays and/or Business Holidays

Appears in 1 contract

Sources: Short Form Lease (Geron Corp)

Relocation. A. LandlordIn addition to the adjustments to the Premises ---------- required by the Migration Plan, Landlord may at any time during the Extension Termterm (and any number of times during the term), shall have the right by written notice to relocate Tenant from the Leased Premises Tenant, elect, subject to Tenant's approval (for purposes of this Section, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) (the “Relocation Option”). B. Landlord shall have the right to exercise the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice which approval shall not be effective unless Landlord includes therewith a floor plan identifying unreasonably withheld or delayed), to relocate any portions of the New PremisesPremises to new premises on the Property. The New foregoing relocation right shall not apply to certain portions of the Premises shall described as follows: Building GG and Expansion Area. Tenant may not refuse to consent in writing to any such relocation proposed by Landlord if the proposed relocated premises (i) shall be comprised of rentable area equal to or greater than the rentable area of the Old Premises, reasonably comparable in size; (ii) shall be similar comparable in configuration physical characteristics relating to use (i.e., laboratory space or office space); (iii) shall be comparable in amenities; (iv) shall reasonably accommodate the Old Premisesspecific requirements of Tenant related to its then current use and activity of that particular portion of the Premises proposed for relocation, and (iiiv) be shall not separate concentrations of space within a 3 block radius of the Old PremisesPremises that are currently adjacent and in which occupants work interactively into separate locations that are not reasonably proximate in location to each other. In no event Tenant agrees that at the time Landlord makes an election to relocate the Premises and seeks Tenant's approval, Landlord may contemplate performing certain finish work or alterations to the proposed relocation space and in determining whether the proposed relocation space satisfies the foregoing criteria, Tenant shall the monthly rental amount increase review plans for such finish work and alterations and may not refuse approval if the New Premises proposed relocation space, as it is comprised of a rentable area greater than to be altered or finished, would satisfy the rentable area of the Old Premises. Landlord, at Landlord’s expense, criteria; provided that such alterations shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable be made to the interior installation that then exists in the Old Premises. C. proposed relocation space before Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises is required to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenantmove. Landlord shall reimburse Tenant for pay the costs of any reasonable moving expenses alterations or finish to the relocation space and for any all other reasonable reasonable, third party costs and expenses incurred by Tenant in so relocating moving to the New relocation space. Landlord and Tenant shall cooperate to cause the relocation to be accomplished in a way which minimizes cost and disruption to the parties' operations on the Property. Tenant shall complete the relocation and vacate and surrender the relocated portion of the Premises in accordance herewith within a reasonable period of time (as determined hereinbelow) after notice from Landlord that the Old Premises, within relocation space is ready for Tenant's use and occupancy. Within thirty (30) days after Landlord delivers written notice to Tenant of a required relocation, Tenant shall notify Landlord in writing of the amount of time Tenant believes is reasonable to accomplish the relocation after the relocated space is ready for Tenant’s request therefor 's use and occupancy. Such time period shall be deemed to be the reasonable period of time referred to hereinabove to accomplish the relocation unless Landlord disputes the time period selected by Tenant. After the relocation has been accomplished, the Premises shall no longer include the relocated space but shall include the new relocation space. Either Landlord and/or Tenant may elect under section 1.1, to measure the ----------- reconfigured Premises, at Landlord's expense, at such time to recalculate Base Rent and Tenant’s submission 's Percentage Share. Landlord and Tenant shall execute a written amendment to Landlord this Lease adjusting the Exhibits hereto which describe the Premises, the calculation of reasonable supporting documentation thereforrent, Tenant's Percentage Share and providing for such other adjustment as reasonably necessary. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Campus Lease (Monsanto Co /New/)

Relocation. A. LandlordIn the event LESSOR intends to redevelop the Property and the location of the Premises would otherwise hinder LESSOR’s plans to redevelopment, at any LESSOR has the one-time during the Extension Term, shall have the right to relocate Tenant from the Leased Premises Premises, upon at least twelve (for purposes of this Section12) months prior written notice to ▇▇▇▇▇▇, the “Old Premises”) to other space in Landlord’s downtown Kalamazoo portfolio (such other space being referred to as the “New Premises”) an alternate location (the “Relocation OptionPremises”) on the Property, provided that: ▇. ▇▇▇▇▇▇ shall use best efforts to locate and propose a Relocation Premises on the Property that is in the general size and configuration of the Premises and that LESSEE reasonably consents to the proposed Relocation Premises; b. LESSEE will be able, with reasonable effort, to maintain or obtain all necessary licenses, permits or approvals to operate the Communication Facility on the Relocation Premises; c. No material interference or material degradation to ▇▇▇▇▇▇’s use of the Communications Facility will result; d. LESSEE shall be able to locate and use a temporary communications facility, such as a cell on wheels (“COW”). B. Landlord shall have , on the right Property in a location mutually agreeable to exercise LESSOR and LESSEE, including receiving all necessary licenses, permits or approvals until such time as LESSEE has fully relocated the Communication Facility to the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not later than ninety (90) days before the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises.Premise; C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to Tenant. Landlord shall reimburse Tenant for any reasonable moving expenses and for any other e. All reasonable costs and expenses incurred associated with or arising out of such relocation (including costs associated with any required Governmental Approvals and/or costs for Tests of the Relocation Premises shall be paid by: 1. LESSOR in the event LESSOR exercises the one-time right to relocate the communication facility during the Initial Term or the first Renewal Term; or 2. LESSEE in the event that LESSOR exercises the one-time right to relocate the Communication Facility following the expiration of the first Renewal Term; and f. Such relocation will be performed exclusively by Tenant in so relocating LESSEE or its agents. ▇. ▇▇▇▇▇▇ will exercise its relocation right by delivering written notice, pursuant to the New terms of this Agreement to LESSEE. In the notice, ▇▇▇▇▇▇ will identify the proposed Relocation Premises from on the Old Premises, within thirty Property to which LESSEE may relocate the Communication Facility. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ hereby agree that a survey (30prepared at the sole cost and expense of the LESSOR) days after Tenant’s request therefor and Tenant’s submission to Landlord of reasonable supporting documentation therefor. D. From and after the Relocation DatePremises (including the access and utility easements) will supplement Exhibit hereto and become a part hereof, all references to and the Relocation Premises shall be considered the Premises herein shall mean the New Premises rather than the Old Premisesfor all purposes hereunder.

Appears in 1 contract

Sources: Option and Land Lease Agreement

Relocation. A. Landlord, Landlord shall have the right at any time during the Extension Term, shall have the right Term to relocate Tenant from the Leased Premises to substitute space (for purposes of this SectionArticle, the “Old PremisesRelocation Space”) in another part of the Building or to other space another building in the Project provided that: (a) the size of the Relocation Space shall not be less than 90% of the size of the Premises from which Tenant is being relocated (for purposes of this Article, the “Previous Space”); (b) the physical relocation of the Premises shall be accomplished by Landlord at its cost; (c) Landlord shall give Tenant at least thirty (30) days prior Notice of Landlord’s downtown Kalamazoo portfolio intention to relocate the Premises; (d) all reasonable and actual out of pocket costs incurred by Tenant as a result of the relocation, including costs incurred in changing addresses on stationery, business cards, directories, advertising, and other such other space being referred items, shall be paid by Landlord, in an amount not to exceed One Thousand Dollars ($1,000.00); and (e) if the square footage of the Relocation Space is not the same as the “New Premises”square footage of the Previous Space, the Base Rent shall be adjusted to a sum computed by multiplying the Base Rent specified in the Summary by a fraction, the numerator of which shall be the total number of square feet in the Relocation Space, and the denominator of which shall be the total number of square feet in the Previous Space, and Tenant’s Share shall be adjusted to reflect the percentage of Rentable Area in the Building allocable to the Relocation Space. Within ten (10) (days following the “Relocation Option”). B. request of Landlord, Tenant shall execute and return to Landlord an amendment to this Lease confirming the new location of the Premises and any resulting adjustment of Base Rent and Tenant’s Share. Landlord shall have reimburse Tenant’s relocation costs within thirty (30) days following Landlord’s receipt of such amendment executed by Tenant and reasonably acceptable evidence of Tenant’s payment for all such relocation costs, including unconditional lien releases and invoices evidencing the right to exercise actual costs. Tenant agrees that it shall make request for reimbursement of all such costs at the Relocation Option only by giving notice thereof (the “Relocation Notice”) to Tenant not same time, and in no event later than ninety (90) days before following the date that the relocation becomes effective (the “Relocation Date”). A Relocation Notice shall not be effective unless Landlord includes therewith a floor plan identifying the New Premises. The New Premises shall (i) be comprised of rentable area equal to or greater than the rentable area of the Old Premises, (ii) be similar in configuration to the Old Premises, and (iii) be within a 3 block radius of the Old Premises. In no event shall the monthly rental amount increase if the New Premises is comprised of a rentable area greater than the rentable area of the Old Premises. Landlord, at Landlord’s expense, shall construct in the New Premises, not later than the Relocation Date, an interior installation that Space is as comparable as reasonably practicable to the interior installation that then exists in the Old Premises. C. Tenant shall cooperate reasonably with Landlord in connection with Landlord’s designing and performing the construction of such interior installation in the New Premises. Tenant shall vacate the Old Premises and surrender vacant and exclusive possession of the Old Premises to Landlord on or before the Relocation Date, provided that Landlord has theretofore delivered vacant and exclusive possession of the New Premises to made available for occupancy by Tenant. Landlord shall have no obligation to reimburse any item for which Tenant for any reasonable moving expenses and for any other reasonable costs and expenses incurred has not requested reimbursement by Tenant in so relocating such date. Notwithstanding anything to the New Premises from contrary in the Old Premisesforegoing, within thirty (30) days after Tenant’s request therefor and Tenant’s submission to the provisions of this Article 30 shall not be applicable or enforceable by Landlord during the Term of reasonable supporting documentation thereforthis Lease expiring on October 31, 2006. D. From and after the Relocation Date, all references to the Premises herein shall mean the New Premises rather than the Old Premises.

Appears in 1 contract

Sources: Lease Agreement (Plumtree Software Inc)